Amended in Senate April 7, 2015

Senate BillNo. 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,begin delete 66941,end delete 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,begin insert to add Section 66941 to,end insert 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 amended, 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:

P2    1

SECTION 1.  

Section 27.6 of the Business and Professions
2Code
is amended to read:

3

27.6.  

The successor agency to the Bureau for Private
4Postsecondary and Vocational Education shall transmit any
5available data regarding school performance, including, but not
6limited to, attendance and graduation rates, it receives from any
7schools under its jurisdiction to the California Commission on
8Higher Education Performance and Accountability.

9

SEC. 2.  

Section 11001 of the Education Code is amended to
10read:

11

11001.  

(a) The Chancellor of the California State University
12shall establish an advisory committee to assist in selecting
13proposals to be funded and developing criteria for project
14evaluation. The committee shall be composed of the following
15members:

16(1) Two certificated secondary school teachers, including at
17least one junior high or intermediate school teacher, appointed by
18the Superintendent.

19(2) Two certificated secondary school employees with
20responsibility for curriculum administration, appointed by the
21Superintendent.

22(3) One director of a regional consortium participating in the
23California Student Opportunity Access Program established
24pursuant to Chapter 113 of the Statutes of 1978, appointed by the
25Student Aid Commission.

26(4) Two representatives of the California Community Colleges,
27to be appointed by the Board of Governors of the California
28Community Colleges, at least one of whom shall be a faculty
29member.

P3    1(5) Two representatives of the California State University, to
2be appointed by the Chancellor of the California State University,
3at least one of whom shall be a faculty member.

4(6) Two representatives of the University of California,
5appointed by the President of the University of California, at least
6one of whom shall be a faculty member.

7(7) One representative, appointed by the Director of the
8California Commission on Higher Education Performance and
9Accountability.

10(b) Faculty appointments to the advisory committee shall be
11made by the appropriate appointing authority through consultation
12with the faculty senate.

13

SEC. 3.  

Section 11005 of the Education Code is amended to
14read:

15

11005.  

Based upon evaluations conducted pursuant to former
16Section 11004, the California Commission on Higher Education
17Performance and Accountability may identify projects that are
18ineffective or not cost-effective for termination. Funds made
19available as a result of that termination shall be reallocated for the
20awarding of new grants pursuant to Section 11003.

21

SEC. 4.  

Section 11700 of the Education Code is amended to
22read:

23

11700.  

(a) It is the intent of the Legislature that the Center for
24International Education Synergy be established through a joint
25powers agreement, entered into pursuant to Chapter 5 (commencing
26with Section 6500) of Division 7 of Title 1 of the Government
27Code, between the Sweetwater Union High School District, the
28Southwestern Community College District, and San Diego State
29University. It is the intent of the Legislature that a joint powers
30agency created pursuant to the joint powers agreement own and
31maintain the land and facilities for the Center for International
32Education Synergy at thebegin delete Otay Mesa Off-Campus Centerend delete
33begin insert Southwestern College Higher Education Center at Otay Mesaend insert.

34(b) In addition to funding appropriated by the Legislature for
35purposes of the Center for International Education Synergy, entities
36participating in the establishment and operation of the center are
37encouraged to seek supplemental funding, including, but not limited
38to, funding from foundations, corporations, and other public
39entities.

P4    1(c) Any postsecondary education facilities and programs
2developed pursuant to this section shall be subject to the
3requirements of Section 66903 as they apply to the governing
4boards of public postsecondary educational institutions.

5(d) The Center for International Education Synergy shall be
6established only upon approval by the California Commission on
7Higher Education Performance and Accountability based on a
8needs study and subsequent approval from the Department of
9Finance.

10

SEC. 5.  

Section 12200 of the Education Code is amended to
11read:

12

12200.  

(a) The state board is vested with all necessary power
13and authority to perform all acts necessary to authorize governing
14boards of districts maintaining community colleges to receive the
15benefits and to expend the funds provided by any acts of Congress
16under which districts maintaining community colleges may be
17eligible to receive benefits, including, but not limited to, Title VII
18of the National Housing Act of 1961 (Public Law 87-70), as
19amended, and any of the acts of Congress referred to in this chapter.
20The state board is vested with all necessary power and authority
21to authorize districts maintaining community colleges to cooperate
22with the government of the United States, or any agency or
23agencies thereof, for the purpose of receiving the benefits and
24expending the funds provided by those acts of Congress, or any
25rules or regulations adopted under those acts, or any state plan or
26rules or regulations of the California Commission on Higher
27Education Performance and Accountability adopted in accordance
28with any of those acts of Congress under which the California
29Commission on Higher Education Performance and Accountability
30is designated in this chapter as the state educational agency.
31Whenever necessary to secure the full benefits of those acts of
32Congress, the governing board may give such security as may be
33required and may comply with such conditions as may be imposed
34by the federal government. The funds received by the district under
35the provisions of those acts of Congress shall be deposited in the
36county treasury, as provided for in Section 84001.

37(b) This section is applicable to only those acts of Congress that
38have been enacted before January 1, 1967.

39

SEC. 6.  

Section 32500 of the Education Code is amended to
40read:

P5    1

32500.  

(a) In order to encourage greater involvement of
2educational institutions in planning and developing prison-based
3educational programs, the Secretary of the Department of
4Corrections and Rehabilitation, the Chancellor of the California
5State University, the Chancellor of the California Community
6Colleges, and the Superintendent, with the advice of the California
7Commission on Higher Education Performance and Accountability,
8shall enter into interagency agreements. These agreements shall
9provide for, but not be limited to, all of the following:

10(1) A determination of the roles of the Department of
11Corrections and Rehabilitation, thebegin delete officeend deletebegin insert Officeend insert of the Chancellor
12of the California Statebegin delete University the officeend deletebegin insert University, the Officeend insert
13 of the Chancellor of the California Community Colleges, and the
14 State Department of Education, in developing policy for
15prison-based educational programs.

16(2) Joint policy and program planning.

17(b) The Secretary of the Department of Corrections and
18Rehabilitation, the Chancellor of the California State University,
19the Chancellor of the California Community Colleges, and the
20Superintendent shall appoint an advisory committee to do, but not
21be limited to doing, all of the following:

22(1) Making recommendations on the use of instructional
23television in these programs.

24(2) Reviewing and making recommendations relating to any
25proposed budgets for these programs.

26(3) Reviewing and making recommendations relating to the
27implementation of the interagency agreement.

28(c) Notwithstanding the other provisions of this section, the
29Secretary of the Department of Corrections and Rehabilitation
30shall administer all prison-based education programs.

31

SEC. 7.  

Section 44212 of the Education Code, as amended by
32Section 37 of Chapter 71 of the Statutes of 2014, is amended to
33read:

34

44212.  

(a) The Regents of the University of California, the
35Trustees of the California State University, the California
36Commission on Higher Education Performance and Accountability,
37and the Association of Independent California Colleges and
38Universities shall each appoint a representative to serve as member
39ex officio without vote in proceedings of the commission.

P6    1(b) The ex officio members shall not vote in the proceedings of
2the commission or in any of its committees or subcommittees,
3except, by a majority vote of the commission, ex officio members
4may be permitted to vote in committees or subcommittees in order
5to establish a quorum or as otherwise determined by majority vote
6of the commission.

7

SEC. 8.  

Section 44784 of the Education Code is amended to
8read:

9

44784.  

(a) The institution selected under Section 44782 shall
10be assisted by an advisory committee, the function of which shall
11be:

12(1) To review and comment on plans for the establishment of
13the resource centers.

14(2) To assist in determining criteria for local and private funding
15matches to be required for the operation of each resource center.

16(3) To advise the project on the selection of proposals for
17funding.

18(b) The advisory committee shall be composed of the following
19 members:

20(1) Ten members appointed by representatives of higher
21education, two each to be selected by the President of the
22University of California, the Chancellor of the California State
23University, the Chancellor of the California Community Colleges,
24the Association of Independent California Colleges and
25Universities, and the California Commission on Higher Education
26Performance and Accountability. At least one of the appointees
27of each of these appointing entities shall be an elementary or
28secondary school classroom teacher with classroom experience in
29international studies instruction.

30(2) Four public members with special interest or competence
31in international affairs, representing business, community, and
32subject area educational organizations, one each to be selected by
33the Superintendent, the Governor, the Speaker of the Assembly,
34and the Senate Committee on Rules.

35(3) Three certificated school teachers, or other educators, with
36classroom experience in international studies instruction, to be
37designated by the institution selected to operate the project.

38

SEC. 9.  

Section 45351 of the Education Code is repealed.

39

SEC. 10.  

Section 52342 of the Education Code is amended to
40read:

P7    1

52342.  

In the implementation of this article, the State
2Department of Education shall, on a regular basis, advise and
3consult with representatives of the Employment Development
4Department, the Board of Governors of the California Community
5Colleges, the California Commission on Higher Education
6Performance and Accountability, the University of California, the
7Chancellor of the California State University, the Commission on
8Teacher Credentialing, the Department of Industrial Relations, the
9Department of Consumer Affairs, the California Advisory Council
10on Career Technical Education and Technical Training, and the
11State Personnel Board.

12

SEC. 11.  

Section 52957 of the Education Code is amended to
13read:

14

52957.  

The advisory committee shall include:

15(a) One representative selected by the California Commission
16on Higher Education Performance and Accountability.

17(b) Two representatives selected by the President of the
18University of California, one of whom has the responsibility for
19teaching science.

20(c) Two representatives selected by the Chancellor of the
21California State University, one of whom has the responsibility
22for teaching science.

23(d) Two representatives selected by the Chancellor of the
24California Community Colleges, one of whom has the
25responsibility for teaching science.

26(e) Four public school classroom teachers of science, and one
27additional representative, selected by the Superintendent.

28(f) One teacher of science plus a representative selected by the
29Association of Independent California Colleges and Universities.

30(g) One representative of business and industry selected by the
31Industry Education Council of California.

32(h) One representative of California labor, selected by the
33California branch of the American Federation of Labor-Congress
34of Industrial Organizations (AFL-CIO).

35(i) One representative of the National Science Supervisors
36Association.

37(j) One representative of a national laboratory, selected by the
38Regents of the University of California.

39

SEC. 12.  

Section 54703 of the Education Code is amended to
40read:

P8    1

54703.  

The Superintendent shall prepare rules and regulations
2necessary to implement the provisions of this article, including
3rules and regulations that:

4(a) Prescribe the procedure by which a district shall identify
5pupils who are traditionally underrepresented in higher education.

6(b) Provide for the rendering of technical assistance that, upon
7request, shall be available to enable school districts and schools
8to design, implement, or evaluate the University and College
9Opportunitiesbegin delete Programsend deletebegin insert Programend insert authorized by this article.

10(c) Identify effective practices regarding, but not necessarily
11limited to, college and university opportunities programs, and
12disseminate information regarding these programs to each
13participating school district and county superintendent of schools.

14(d) Develop, in conjunction with the California Commission on
15Higher Education Performance and Accountability, common data
16elements that can be used by secondary and postsecondary
17educators to assess and improve program performance.

18

SEC. 13.  

Section 66010.4 of the Education Code is amended
19to read:

20

66010.4.  

The missions and functions of California’s public
21and independent segments, and their respective institutions of
22higher education shall be differentiated as follows:

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

30(2) In addition to the primary mission of academic and
31vocational instruction, the community colleges shall offer
32instruction and courses to achieve all of the following:

33(A) The provision of remedial instruction for those in need of
34it and, in conjunction with the school districts, instruction in
35English as a second language, adult noncredit instruction, and
36support services that help students succeed at the postsecondary
37level are reaffirmed and supported as essential and important
38functions of the community colleges.

P9    1(B) The provision of adult noncredit education curricula in areas
2defined as being in the state’s interest is an essential and important
3function of the community colleges.

4(C) The provision of community services courses and programs
5is an authorized function of the community colleges so long as
6their provision is compatible with an institution’s ability to meet
7its obligations in its primary missions.

8(3) A primary mission of the California Community Colleges
9is to advance California’s economic growth and global
10competitiveness through education, training, and services that
11contribute to continuousbegin delete work forceend deletebegin insert workforceend insert improvement.

12(4) The community colleges may conduct, to the extent that
13state funding is provided, institutional research concerning student
14learning and retention as is needed to facilitate their educational
15 missions.

16(b) The California State University shall offer undergraduate
17and graduate instruction through the master’s degree in the liberal
18arts and sciences and professional education, including teacher
19education. Presently established two-year programs in agriculture
20are authorized, but other two-year programs shall be permitted
21only when mutually agreed upon by the Trustees of the California
22State University and the Board of Governors of the California
23Community Colleges. The doctoral degree may be awarded jointly
24with the University of California, as provided in subdivision (c)
25and pursuant to Section 66904. The doctoral degree may also be
26awarded jointly with one or more independent institutions of higher
27education, provided that the proposed doctoral program is approved
28by the California Commission on Higher Education Performance
29and Accountability. Research, scholarship, and creative activity
30in support of its undergraduate and graduate instructional mission
31is authorized in the California State University and shall be
32supported by the state. The primary mission of the California State
33University is undergraduate and graduate instruction through the
34master’s degree.

35(c) The University of California may provide undergraduate
36and graduate instruction in the liberal arts and sciences and in the
37professions, including the teaching professions. It shall have
38exclusive jurisdiction in public higher education over instruction
39in the profession of law and over graduate instruction in the
40professions of medicine, dentistry, and veterinary medicine. It has
P10   1the sole authority in public higher education to award the doctoral
2degree in all fields of learning, except that it may agree with the
3 California State University to award joint doctoral degrees in
4selected fields. The University of California shall be the primary
5state-supported academic agency for research.

6(d) The independent institutions of higher education shall
7provide undergraduate and graduate instruction and research in
8accordance with their respective missions.

9

SEC. 14.  

Section 66010.6 of the Education Code is amended
10to read:

11

66010.6.  

(a) The missions of agencies charged with
12coordination, administration, or implementation of higher education
13policies and programs in California shall be as follows:

14(1) The California Commission on Higher Education
15Performance and Accountability is the statewide postsecondary
16education coordinating and planning agency. The commission
17shall serve as a principal fiscal and program advisor to the
18Governor and the Legislature on postsecondary educational policy.
19Consistent with Section 66903, the commission’s responsibilities
20shall include, but not be limited to, all of the following:

21(A) Analysis and recommendations related to long-range
22planning for public postsecondary education.

23(B) Analysis of state policy and programs involving the
24independent and private postsecondary educational sectors.

25(C)  Analysis and recommendations related to program and
26policy review.

27(D) Resource analysis.

28(E) Maintenance and publication of pertinent public information
29relating to all aspects of postsecondary education.

30 (2) The California Commission on Higher Education
31Performance and Accountability shall consult with the
32postsecondary educational segments and with relevant state
33agencies, including the Student Aid Commission, the
34Superintendent and other relevant parties, in its preparation of
35analyses and recommendations to the Governor and the Legislature.
36However, the commission shall remain an independent and
37nonpartisan body responsible for providing an integrated and
38segmentally unbiased view for purposes of state policy formulation
39and evaluation.

P11   1(b) (1) The Student Aid Commission is the primary state agency
2for the administration of state-authorized student financial aid
3programs available to students attending all segments of
4postsecondary education. These programs include grant, work
5study, and loan programs supported by the state and the federal
6government.

7(2) Consistent with this responsibility, the Student Aid
8Commission shall provide, in consultation with the postsecondary
9education segments and relevant state agencies, policy leadership
10on student financial aid issues, evaluate the effectiveness of its
11programs, conduct research and long-range planning as a
12foundation for program improvement, report on total state financial
13aid needs, and disseminate information to students and their
14families.

15(c) Thebegin delete Councilend deletebegin insert Bureauend insert for Private Postsecondarybegin delete and
16Vocationalend delete
Education is the primary state agency responsible for
17approving and regulating private postsecondary and vocational
18educational institutions and for developing state policies for private
19postsecondary and vocational education in California. Thebegin delete councilend delete
20begin insert bureauend insert shall represent the private postsecondary and vocational
21education institutions in all state level planning and policy
22discussions about postsecondary and vocational education.

23

SEC. 15.  

Section 66010.7 of the Education Code is amended
24to read:

25

66010.7.  

(a) The Legislature, through the enactment of this
26section, expresses its commitment to encourage and support
27collaboration and coordination among all segments of education.

28(b) Within the differentiation of segmental functions outlined
29in this article, the institutions of higher education shall undertake
30intersegmental collaboration and coordination particularly when
31it can do any of the following:

32(1) Enhance the achievement of the institutional missions shared
33by the segments.

34(2) Provide more effective planning of postsecondary education
35on a statewide basis.

36(3) Facilitate achievement of the goals of educational equity.

37(4) Enable public and independent higher education to meet
38more effectively the educational needs of a geographic region.

39(5) Facilitate student progress from one segment to another,
40particularly with regard to preparation of students for higher
P12   1education as well as the transfer from campuses of the California
2Community Colleges to four-year institutions.

3(c) The leaders responsible for public and independent
4institutions of higher education and the Superintendent shall work
5together to promote and facilitate the development of
6intersegmental programs and other cooperative efforts aimed at
7improving the progress of students through the educational systems
8and at strengthening the teaching profession at all levels.

9(d) The California Commission on Higher Education
10Performance and Accountability shall be responsible for reviewing
11and evaluating the effectiveness of intersegmental activities in
12accomplishing the established goals, and shall report its findings
13to the Governor and Legislature biennially.

14

SEC. 16.  

Section 66040.3 of the Education Code is amended
15to read:

16

66040.3.  

(a) Pursuant to Section 66040, and notwithstanding
17Section 66010.4, in order to meet specific educational leadership
18needs in the California public schools and community colleges,
19the California State University is authorized to award the Doctor
20of Education (Ed.D.) degree as defined in this section. The
21authority to award degrees granted by this article is limited to the
22discipline of education. The Doctor of Education degree offered
23by the California State University shall be distinguished from
24doctoral degree programs at the University of California.

25(b) The Doctor of Education degree offered by the California
26State University shall be focused on preparing administrative
27leaders for California public elementary and secondary schools
28and community colleges and on the knowledge and skills needed
29by administrators to be effective leaders in California public
30schools and community colleges. The Doctor of Education degree
31offered by the California State University shall be offered through
32partnerships through which the California public elementary and
33secondary schools and community colleges shall participate
34substantively in program design, candidate recruitment and
35admissions, teaching, and program assessment and evaluation.
36This degree shall enable professionals to earn the degree while
37working full time.

38(c) This article does not limit or preclude the California
39 Commission on Higher Education Performance and Accountability
40from exercising its authority under Chapter 11 (commencing with
P13   1Section 66900) to review, evaluate, and make recommendations
2relating to, any and all programs established under this article.

3

SEC. 17.  

Section 66742 of the Education Code is amended to
4read:

5

66742.  

(a) The governing boards of the three public segments
6of higher education shall present annual statistical reports on
7transfer patterns via the California Commission on Higher
8Education Performance and Accountability to the Governor and
9Legislature. The reports shall include recent statistics on student
10enrollments by campus, segment, gender, ethnicity, and the ratio
11of upper division to lower division, including information on both
12freshman and transfer student access to the system. These reports
13should include, to the extent that data are available or become
14available, data on application, admission, and enrollment
15information for all students by sex, ethnicity, and campus. For
16transfer students, this data shall indicate the segment of origin for
17all students. In addition, data shall be separately identified for
18transfer students from California Community Colleges, and shall
19identify the subset of applications that are completed together with
20admission, enrollment, and declared major information for that
21group.

22(b) The reports shall describe the number of transfer agreements,
23if any, whose terms and conditions were not satisfied by either the
24California State University or the University of California, the
25number of California Community College transfer students denied
26either admission to the student's first choice of a particular campus
27of the California State University or the University of California
28or the student's first choice of a major field of study, and, among
29those students, the number of students who, upon denial of either
30of the student's first choices, immediately enrolled at another
31campus of the California State University or the University of
32California. The reports shall also include information by sex and
33ethnicity on retention and degree completion for transfer students
34as well as for native students, and the number and percentage of
35baccalaureate degree recipients who transferred from a community
36college campus.

37

SEC. 18.  

Section 66743 of the Education Code is amended to
38read:

39

66743.  

The California Commission on Higher Education
40Performance and Accountability is requested to convene an
P14   1intersegmental advisory committee on transfer access and
2performance for purposes of presenting biennial reports to the
3Governor and the Legislature on the status of transfer policies and
4programs, the diligence of each segment's board, and the
5effectiveness of these programs in meeting the state's goals for
6transfer. The report shall include information about all of the
7following:

8(a) The effectiveness of transfer agreement programs and
9activities in enhancing the transfer function overall as well as the
10extent to which transfer program activities have been directed at
11students who have been historically underrepresented in the
12University of California and the California State University.

13(b) The status of the implementation of the transfer core
14curriculum, as described in Section 66720, for each community
15college, including information about the extent to which sophomore
16level courses needed for transfer are available on all community
17college campuses.

18(c) Progress that has been made in achieving articulation
19agreements in those specific majors that have lower division
20prerequisites, and the dissemination of this information. The
21committee shall also explore methods to systematically measure
22the extent to which the state’s goals of freshmen and transfer
23student access are being met, including analyses of the number of
24fully eligible freshmen or transfer students who are denied access
25to the system, and the reasons for that denial. The committee shall
26also address ways in which sharing of information about transfer
27students among the segments can be improved, including early
28identification of potential transfer students for intensive recruitment
29purposes.

30(d) The Governor and the Legislature shall monitor the success
31of the University of California and the California State University
32in achieving their targeted enrollment levels and in implementing
33these reforms. A substantial failure to implement reform, to achieve
34the 60/40 ratio by the designated dates, or to improve the transfer
35rate of historically underrepresented groups significantly, shall
36precipitate legislative hearings to determine the reasons why any
37one or all of these goals have not been met.

38

SEC. 19.  

The heading of Chapter 11 (commencing with Section
3966900) of Part 40 of Division 5 of Title 3 of the Education Code
40 is amended to read:

 

P15   1Chapter  11. California Commission on Higher Education
2Performance and Accountability
3

 

4

SEC. 20.  

Section 66900 of the Education Code is repealed.

5

SEC. 21.  

Section 66900 is added to the Education Code, to
6read:

7

66900.  

For purposes of this chapter, the following terms have
8the following meanings:

9(a) “Commission” means the California Commission on Higher
10Education Performance and Accountability, established pursuant
11to subdivision (a) of Section 66901.

12(b) “Director” means the Director of the California Commission
13on Higher Education Performance and Accountability, appointed
14by the commission pursuant to subdivision (m) of Section 66901.

15

SEC. 22.  

Section 66901 of the Education Code is amended to
16read:

17

66901.  

(a) There is hereby established the California
18Commission on Higher Education Performance and Accountability,
19which shall be advisory to the Governor, the Legislature, other
20appropriate governmental officials, and institutions of
21postsecondary education. The commission shall be composed of
22 17 members of the general public, appointed as follows:

23(1) Four members shall be appointed by the Speaker of the
24Assembly.

25(2) Four members shall be appointed by the Senate Committee
26on Rules.

27(3) Nine members, including a chairperson of the commission,
28shall be appointed by the Governor, subject to confirmation by the
29Senate.

30(b) A person who is employed by any institution of public or
31private postsecondary education shall not be appointed to or serve
32on the commission, except that a person who is not a permanent,
33full-time employee and who has part-time teaching duties that do
34not exceed six hours per week may be appointed to and serve on
35the commission.

36(c) Appointments to the commission shall be representative of
37civic, business, and public school leaders.

38(d) The commission members shall serve at the pleasure of their
39respective appointing authorities. The members appointed pursuant
40to paragraphs (1) and (2) of subdivision (a) shall each serve a
P16   1six-year term. The members appointed pursuant to paragraph (3)
2of subdivision (a) shall initially serve a three-year term, and shall
3serve a six-year term thereafter. The respective appointing authority
4may appoint an alternate for each member who may, during the
5member’s absence, serve on the commission and vote on matters
6before the commission. When vacancies occur prior to expiration
7of terms, the respective appointing authority may appoint a member
8for the remainder of the term.

9(e) Any person appointed pursuant to this section may be
10reappointed to serve additional terms.

11(f) All terms subsequent to the initial appointments shall begin
12on January 1 of the year in which the respective terms are to start.

13(g) Any person appointed pursuant to this section who no longer
14has the position that made him or her eligible for appointment may
15nonetheless complete his or her term of office on the commission.

16(h) A person appointed pursuant to this section shall not, with
17respect to any matter before the commission, vote for or on behalf
18of, or in any way exercise the vote of, any other member of the
19commission.

20(i) The commission shall meet as often as it deems necessary
21to carry out its duties and responsibilities.

22(j) Any member of the commission who in any calendar year
23misses more than one-third of the meetings of the full commission
24forfeits his or her office, thereby creating a vacancy.

25(k) There is established an advisory committee to the
26commission and the director, consisting of the chief executive
27officers of each of the public segments, or their designees, the
28Superintendent or his or her designee, one student representative
29who shall be enrolled at a California postsecondary educational
30institution at the time of appointment and during the term of
31service, one executive officer from among the independent
32California colleges and universities that are formed and operated
33as nonprofit corporations in this state and are accredited by a
34regional association that is recognized by the United States
35Department of Education, and one executive officer of the Council
36for Private Postsecondary and Vocational Education to be
37designated by the commission. Commission meeting agenda items
38and associated documents shall be provided to the committee in a
39timely manner for its consideration and comments.

P17   1(l) The commission may appoint any subcommittees or advisory
2committees it deems necessary to advise the commission on matters
3of educational policy. The advisory committees may consist of
4commission members or nonmembers, or both, including students,
5faculty members, segmental representatives, governmental
6representatives, and representatives of the public.

7(m) The commission shall appoint a director, subject to
8confirmation by the Senate. The director shall appoint persons to
9any staff positions the commission may authorize.

10(n) The commission shall prescribe rules for the transaction of
11its own affairs, subject to all the following requirements and
12limitations:

13(1) The votes of all representatives shall be recorded.

14(2) Effective action shall require the affirmative vote of a
15majority of all the duly appointed members of the commission,
16not including vacant commission seats.

17(3) The affirmative votes of two-thirds of all the duly appointed
18members of the commission, not including vacant commission
19seats, shall be necessary tobegin delete the appointment ofend deletebegin insert appointend insert the director.

20

SEC. 23.  

Section 66902.5 of the Education Code is repealed.

21

SEC. 24.  

Section 66903 of the Education Code is amended to
22read:

23

66903.  

The commission has the following functions and
24responsibilities in its capacity as the statewide postsecondary
25education planning and coordinating agency and adviser to the
26Legislature and the Governor:

27(a) It shall articulate and monitor state performance objectives
28for higher education.

29(b) It shall advise the Legislature and the Governor regarding
30the need for, and location of, new institutions and campuses of
31public higher education.

32(c)  It shall review proposals by the public segments for new
33programs, the priorities that guide them, and the degree of
34coordination with nearby public, independent, and private
35postsecondary educational institutions, and shall make
36recommendations regarding those proposals to the Legislature and
37the Governor.

38(d) (1) It shall act as a clearinghouse for postsecondary
39education information and as a primary source of information for
40the Legislature, the Governor, and other agencies. It shall develop
P18   1and maintain a comprehensive database that does all of the
2following:

3(A) Ensures comparability of data from diverse sources.

4(B) Supports longitudinal studies of individual students as they
5progress through the state’s postsecondary educational institutions,
6based upon the commission’s existing student database through
7the use of a unique student identifier.

8(C) Is compatible withbegin delete theend delete California School Informationbegin delete Systemend delete
9begin insert Servicesend insert and the student information systems developed and
10maintained by the public segments of higher education, as
11appropriate.

12(D) Provides Internet access to data, as appropriate, to the sectors
13of higher education.

14(E) Provides each of the educational segments access to the data
15made available to the commission for purposes of the database, in
16order to support, most efficiently and effectively, statewide,
17segmental, and individual campus educational research information
18needs.

19(2) The commission, in implementing paragraph (1), shall
20comply with the federal Family Educational Rights and Privacy
21Act of 1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of
22personally identifiable information concerning students.

23(3) The commission may not make available any personally
24identifiable information received from a postsecondary educational
25institution concerning students for any regulatory purpose unless
26the institution has authorized the commission to provide that
27information on behalf of the institution.

28(4) The commission shall provide 30-day notification to the
29chairpersons of the appropriate legislative policy and budget
30committees of the Legislature, to the Director of Finance, and to
31the Governor before making any significant changes to the student
32information contained in the database.

33(e) It shall review all proposals for changes in eligibility pools
34for admission to public institutions and segments of postsecondary
35education, and shall make recommendations to the Legislature,
36the Governor, and institutions of postsecondary education. In
37carrying out this subdivision, the commission periodically shall
38conduct a study of the percentages of California public high school
39graduates estimated to be eligible for admission to the University
40of California and the California State University.

begin delete

P19   1(f) It shall increase educational achievement in postsecondary
2educational institutions, close educational achievement gaps, and
3prepare citizens for the workforce.

end delete
begin delete

4(g)

end delete

5begin insert(end insertbegin insertf)end insert It shall, through its use of information and its analytic
6capacity, inform the identification and periodic revision of state
7goals and priorities for higher educationbegin insert in a manner that is
8consistent with the goals outlined in Section 66010.91 and the
9metrics outlined in Sections 89295 and 92675end insert
. It shall, biennially,
10interpret and evaluate both statewide and institutional performance
11in relation to these goals and priorities.

begin delete

12(h)

end delete

13begin insert(end insertbegin insertg)end insert It shall submit reports to the Legislature in compliance with
14Section 9795 of the Government Code.

begin delete

15(i)

end delete

16begin insert(end insertbegin inserth)end insert It shall manage data systems and maintain programmatic,
17policy, and fiscal expertise to receive and aggregate information
18reported by the institutions of higher education in this state.

begin delete

19(j)

end delete

20begin insert(end insertbegin inserti)end insert It shall perform all other duties assigned by the Legislature.

21

SEC. 25.  

Section 66903.1 of the Education Code is repealed.

22

SEC. 26.  

Section 66903.2 of the Education Code is repealed.

23

SEC. 27.  

Section 66903.2 is added to the Education Code, to
24read:

25

66903.2.  

On or before December 31 of each year, the
26commission shall report to the Legislature and the Governor
27regarding its progress in achieving the objectives and
28responsibilities set forth in subdivision (a) of Section 66903.

29

SEC. 28.  

Section 66903.3 of the Education Code is amended
30to read:

31

66903.3.  

The commission may delegate to the director any
32power, duty, purpose, function, or jurisdiction that the commission
33may lawfully delegate, including the authority to enter into and
34sign contracts on behalf of the commission. The director may
35redelegate any of those powers, duties, purposes, functions, or
36jurisdictions to his or her designee, unless by statute, or rule or
37regulation, the director is expressly required to act personally.

38

SEC. 29.  

Section 66905 of the Education Code is amended to
39read:

P20   1

66905.  

It is the intent of the Legislature that the commission
2annually review and fix the salary of its director according to a
3methodology established by the commission. This methodology
4shall take into consideration the salary of directors of coordinating
5boards for higher education in states with postsecondary education
6systems comparable to California’s in size, complexity, and level
7of state expenditures. The comparison states shall include seven
8major industrial states, including Illinois, New Jersey, New York,
9Ohio, and Texas. The commission shall notify the Chairperson of
10the Joint Legislative Budget Committee of this annual salary
11amount. Notwithstanding Section 19825 of the Government Code,
12the salary shall become effective no sooner than 30 days after
13written notice of the salary is provided to the chairperson of the
14committee, or no sooner than a lesser time as the chairperson, or
15his or her designee, may determine.

begin delete
16

SEC. 30.  

Section 66941 of the Education Code is amended to
17read:

18

66941.  

(a) The Legislature finds and declares that access to a
19high quality education is the primary goal for the use of educational
20technology in higher education. All students in California’s public
21schools and colleges and all adults in the state shall have access
22to educational opportunities for which they are qualified, regardless
23of their income level, geographic location, or the size of the school
24they attend.

25(b) Pursuant to its statutory planning and coordination functions
26and responsibilities identified in Section 66903, the California
27Commission on Higher Education Performance and Accountability
28shall convene an intersegmental working group to determine state
29funding priorities consistent with the institutional missions of the
30systems of higher education.

31(c) The intersegmental working group shall observe all of the
32following principles to guide the development of priorities and the
33proposed expenditure of state revenues on technology infrastructure
34and applications:

35(1) Development of a statewide infrastructure that provides
36compatible connectivity between all levels of education to reduce
37redundancy and increase efficiency.

38(2) Adherence to nationally and internally accepted protocols
39and standards.

P21   1(3) Assurance that the standards for course and program quality
2applied to distance education are rigorous in meeting accreditation
3standards, Universal Design Standards, and standards currently
4applied to traditional classroom instruction at higher educational
5institutions in the areas of course content, student achievement
6levels, and coherence of the curriculum.

7(4) Collaboration between the private sector and educational
8institutions in the availability and use of technology in high-priority
9schools and underserved areas.

10(5) Collaboration across departments, institutions, states, and
11countries in the use of technology.

12(6) Use of technology to contain costs, improve student
13outcomes, and enhance quality in instructional and noninstructional
14functions, such as student services, libraries, and administrative
15support.

16(d) The intersegmental working group shall be composed of
17representatives from public elementary and secondary education,
18the California State University, the California Community
19Colleges, the University of California, independent accredited
20universities and colleges, state approved schools and colleges,
21private sector providers of distance education, the Office of the
22Secretary of Education, and the private sector.

23(e) The commission shall facilitate the development of statewide
24funding priorities for technology in higher education.

end delete
25begin insert

begin insertSEC. 30.end insert  

end insert

begin insertSection 66941 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
26read:end insert

begin insert
27

begin insert66941.end insert  

(a) The Legislature finds and declares that access to
28a high quality education is the primary goal for the use of
29educational technology in higher education. All students in
30California’s public schools and colleges and all adults in the state
31shall have access to educational opportunities for which they are
32qualified, regardless of their income level, geographic location,
33or the size of the school they attend.

34(b) Pursuant to its statutory planning and coordination functions
35and responsibilities identified in Section 66903, the California
36Commission on Higher Education Performance and Accountability
37shall convene an intersegmental working group to determine state
38funding priorities consistent with the institutional missions of the
39systems of higher education.

P22   1(c) The intersegmental working group shall observe all of the
2following principles to guide the development of priorities and the
3proposed expenditure of state revenues on technology
4infrastructure and applications:

5(1) Development of a statewide infrastructure that provides
6compatible connectivity between all levels of education to reduce
7redundancy and increase efficiency.

8(2) Adherence to nationally and internally accepted protocols
9and standards.

10(3) Assurance that the standards for course and program quality
11applied to distance education are rigorous in meeting accreditation
12standards, Universal Design standards, and standards currently
13applied to traditional classroom instruction at higher educational
14institutions in the areas of course content, student achievement
15levels, and coherence of the curriculum.

16(4) Collaboration between the private sector and educational
17institutions in the availability and use of technology in high-priority
18schools and underserved areas.

19(5) Collaboration across departments, institutions, states, and
20countries in the use of technology.

21(6) Use of technology to contain costs, improve student
22outcomes, and enhance quality in instructional and
23noninstructional functions, such as student services, libraries, and
24administrative support.

25(d) The intersegmental working group shall be composed of
26representatives from public elementary and secondary education,
27the California State University, the California Community
28Colleges, the University of California, independent accredited
29universities and colleges, state-approved schools and colleges,
30private sector providers of distance education, the Office of the
31Secretary of Education, and the private sector.

32(e) The commission shall facilitate the development of statewide
33funding priorities for technology in higher education.

end insert
34

SEC. 31.  

Section 67002 of the Education Code is amended to
35read:

36

67002.  

The California Commission on Higher Education
37Performance and Accountability is designated as the state
38educational agency to carry out the purposes and provisions of the
39federal Education Amendments of 1972 (Public Law 92-318), the
40federal Education Amendments of 1976 (Public Law 94-482), and
P23   1subsequent enactments amendatory or supplementary thereto, as
2follows:

3(a) The commission is designated as the state commission
4required to be established pursuant to Section 1202 of Title X of
5the federal Higher Education Act of 1965 (Public Law 89-329) as
6amended by the federal Education Amendments of 1972 (Public
7Law 92-318).

8(b) The commission is designated as the state administrative
9agency required to be established pursuant to Section 1055 of Title
10X of the federal Higher Education Act of 1965 (Public Law 89-329)
11as amended by the federal Education Amendments of 1972 (Public
12Law 92-318), unless that designation is determined by the federal
13government to be in conflict with federal law or regulations.

14(c) The commission is designated as the state administrative
15agency required to be established pursuant to Section 105 of Title
16begin delete1, end deletebegin insertI, end insertSection 122 of Title III, Section 603 of Title VI, and Section
17704 of Title VII of the federal Higher Education Act of 1965
18(Public Law 89-329), as amended by the federal Education
19Amendments of 1972 (Public Law 92-318). The California
20 Commission on Higher Education Performance and Accountability
21is hereby vested with authority to prepare and submit to the United
22States Commissioner of Education any state plan required by that
23act of Congress, to prepare and submit amendments to those state
24plans, and to administer those state plans or amendments thereto,
25in accordance with that act of Congress and any rules and
26regulations adopted under that act. Any such state plan or
27amendment thereto prepared by the California Commission on
28Higher Education Performance and Accountability shall be subject
29to the approval of the Department of Finance to the extent required
30by Section 13326 of the Government Code. The California
31Commission on Higher Education Performance and Accountability
32is hereby vested with all necessary power and authority to
33cooperate with the government of the United States, or any agency
34or agencies thereof in the administration of the act of Congress
35and the rules and regulations adopted under that act.

36

SEC. 32.  

Section 67003 of the Education Code is amended to
37read:

38

67003.  

The Trustees of the California State University on behalf
39of the California State University, the Regents of the University
40of California on behalf of the university, the Board of Governors
P24   1of the California Community Colleges on behalf of the community
2colleges, and the Board of Governors of the California Maritime
3Academy on behalf of the California Maritime Academy, are vested
4with all power and authority to perform all acts necessary to receive
5the benefits and to expend the funds provided by the acts of
6Congress described in Section 67000 and with all necessary power
7and authority to cooperate with the government of the United
8States, or any agency or agencies thereof, and with the California
9 Commission on Higher Education Performance and Accountability
10for the purpose of receiving the benefits and expending the funds
11provided by the act of Congress, in accordance with the act, or any
12rules or regulations adopted thereunder, or any state plan or rules
13or regulations of the California Commission on Higher Education
14Performance and Accountability adopted in accordance with the
15act of Congress. Whenever necessary to secure the full benefits of
16the act of Congress for loans or grants for academic facilities, the
17trustees, regents, or boards of governors may give any required
18security and may comply with any conditions imposed by the
19federal government.

20

SEC. 33.  

Section 67312 of the Education Code is amended to
21read:

22

67312.  

(a) The Board of Governors of the California
23Community Colleges and the Trustees of the California State
24University shall, for their respective systems, and the Regents of
25the University of California may, do the following:

26(1) Work with the California Commission on Higher Education
27Performance and Accountability and the Department of Finance
28to develop formulas or procedures for allocating funds authorized
29under this chapter.

30(2) Adopt rules and regulations necessary to the operation of
31programs funded pursuant to this chapter.

32(3) Maintain the present intersegmental efforts to work with the
33California Commission on Higher Education Performance and
34Accountability and other interested parties, to coordinate the
35planning and development of programs for students with
36disabilities, including, but not necessarily limited to, the
37establishment of common definitions for students with disabilities
38and uniform formats for reports required under this chapter.

39(4) Develop and implement, in consultation with students and
40staff, a system for evaluating state-funded programs and services
P25   1for disabled students on each campus at least every five years. At
2a minimum, these systems shall provide for the gathering of
3outcome data, staff and student perceptions of program
4effectiveness, and data on the implementation of the program and
5physical accessibility requirements of the federal Rehabilitation
6Act of 1973 (Public Law 93-112) contained in Section 794 of Title
729 of the United States Code.

8(b) Commencing in January 1990, and every two years
9thereafter, the Board of Governors of the California Community
10Colleges shall submit a report to the Governor, the education policy
11committees of the Legislature, and the California Commission on
12Higher Education Performance and Accountability describing its
13efforts to serve students with disabilities. These biennial reports
14shall also include a review on a campus-by-campus basis of the
15enrollment, retention, transition, and graduation rates of disabled
16students, including categorical funding of those programs.

17

SEC. 34.  

Section 67382 of the Education Code is amended to
18read:

19

67382.  

(a) (1)  On or before January 1, 2004, and every three
20years thereafter, the State Auditor shall report the results of an
21audit of a sample of not less than six institutions of postsecondary
22education in California that receive federal student aid, to evaluate
23the accuracy of their statistics and the procedures used by the
24institutions to identify, gather, and track data for publishing,
25disseminating, and reporting accurate crime statistics in compliance
26with the requirements of the federal Jeanne Clery Disclosure of
27Campus Security Policy and Campus Crime Statistics Act (20
28U.S.C. Sec. 1092 (f)(1) and (5)).

29(2) The results of the audits described in paragraph (1) shall be
30submitted to the respective chairs of the Assembly Committee on
31Higher Education and the Senate Committee on Education.

32(b) The California Commission on Higher Education
33Performance and Accountability shall provide on its Internet Web
34site a link to the Internet Web site of each California institution of
35higher education that includes on that Internet Web site the
36institution’s criminal statistics information.

37(c) The Legislature finds and declares that institutions of higher
38education that are subject to the federal Jeanne Clery Disclosure
39of Campus Security Policy and Campus Crime Statistics Act (20
40U.S.C. Sec. 1092(f)(1) and (5)), should establish and publicize a
P26   1policy that allows victims or witnesses to report crimes to the
2campus police department or to a specified campus security
3authority, on a voluntary, confidential, or anonymous basis.

4

SEC. 35.  

Section 68052 of the Education Code is amended to
5read:

6

68052.  

(a) It is the intent of the Legislature that California’s
7public institutions of higher education shall establish nonresident
8student tuition policies that are consistent with their resident student
9fee policies. Nonresident student tuition shall be determined by
10each of the public postsecondary segments through the adoption
11of a methodology that annually establishes the nonresident student
12tuition rate. It is further the intent of the Legislature that, while the
13public institutions are to be provided flexibility in establishing
14their nonresident tuition, under no circumstances shall the level
15of nonresident tuition plus required fees fall below the marginal
16cost of instruction for that segment.

17(b) The following state policies regarding nonresident student
18tuition are hereby established:

19(1) Unless otherwise prescribed by statute, an admission fee
20and rate of tuition fixed by each public postsecondary governing
21board shall be required of each nonresident student. Each public
22postsecondary education governing body shall develop its own
23methodology for establishing the nonresident tuition level and its
24annual adjustment level of nonresident student tuition, unless
25otherwise prescribed by statute.

26(2) As California’s public postsecondary education segments
27annually adjust the level of nonresident tuition they charge
28out-of-state students, the nonresident tuition methodologies they
29develop and use should take into consideration, at minimum, the
30following two factors:

31(A) For the University of California and the California State
32 University, the total nonresident charges imposed by each of their
33public comparison institutions, as identified by the California
34Commission on Higher Education Performance and Accountability.

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

36(3) It is the intent of the Legislature that under no circumstances
37shall an institution’s level of nonresident tuition plus required
38student fees fall below the marginal cost of instruction for that
39segment.

P27   1(4) The University of California, the California State University,
2the Hastings College of the Law, and the California Maritime
3Academy should endeavor to ensure that increases in the level of
4nonresident tuition are gradual, moderate, and predictable by
5providing nonresident students with a minimum of a 10-month
6notice of tuition increases.

7(c) This section does not apply to the California Community
8Colleges.

9(d) In the event that state revenues and expenditures are
10substantially imbalanced due to factors unforeseen by the Governor
11and the Legislature, including, but not limited to, initiative
12measures, natural disasters, or sudden deviations from expected
13economic trends, the nonresident student tuition at the University
14of California, the California State University, the Hastings College
15of the Law, and the California Maritime Academy, shall not be
16subject to this section.

17

SEC. 36.  

Section 69562 of the Education Code is amended to
18read:

19

69562.  

The Student Aid Commission shall establish a
2012-member project grant advisory committee to advise project
21directors and the commission on the development and operation
22of the projects, and consisting of the following:

23(a) Three representatives of outreach programs, representing
24the University of California, the California State University, and
25the California Community Colleges, appointed by their respective
26governing boards.

27(b) One representative of private colleges and universities,
28appointed by the Association of California Independent Colleges
29and Universities.

30(c) One representative of the California Commission on Higher
31Education Performance and Accountability, appointed by the
32Student Aid Commission.

33(d) Two secondary school staff, appointed by the Superintendent.

34(e) Two persons representing the general public, one appointed
35by the Speaker of the Assembly and the other by the Senate
36 Committee on Rules.

37(f) Two postsecondary students, both appointed annually by the
38California Commission on Higher Education Performance and
39Accountability.

P28   1(g) One college campus financial aid officer, appointed by the
2Student Aid Commission.

3

SEC. 37.  

Section 69655 of the Education Code is amended to
4read:

5

69655.  

(a) Pursuant to Section 69648, the Chancellor of the
6California Community Colleges shall determine the elements of
7a statewide database for the Community College Extended
8Opportunity Programs and Services, which shall be used for
9periodic evaluation of the programs and services. The database
10shall include all information necessary to demonstrate the statewide
11progress towards achieving the program goals identified in Section
1269640, and program objectives adopted pursuant to Section 69648
13including, but not limited to, all of the following:

14(1) The annual number of extended opportunity programs and
15services (EOPS) students and non-EOPS students who complete
16degree or certificate programs, transfer programs, or other
17programs, as determined by state and local matriculation policies.

18(2) The annual number of EOPS and non-EOPS students who
19transfer to institutions that award the baccalaureate degree. In
20implementing this paragraph, the chancellor shall work in
21cooperation with the California Commission on Higher Education
22Performance and Accountability, the President of the University
23of California, the Chancellor of the California State University,
24and the Association of Independent Colleges and Universities to
25establish methods for obtaining the necessary data.

26(3) (A) The annual number of EOPS and non-EOPS students
27completing occupational programs who find career employment.

28(B) In implementing this paragraph, the chancellor shall
29integrate the data collection with existing data collection
30requirements pertaining to vocational education.

31(b) Beginning in January 1987, the chancellor shall annually
32report to the Legislature regarding the number of students served
33by the Community College Extended Opportunity Programs and
34Services and the number of EOPS students who achieve their
35educational objectives.

36

SEC. 38.  

Section 69966 of the Education Code is amended to
37read:

38

69966.  

The Student Aid Commission shall administer the
39California State Work-Study Program in consultation with an
40advisory committee. The membership of the advisory committee,
P29   1which may be an existing advisory committee established by the
2commission, shall be representative of, but need not be limited to,
3financial aid and student employment administrators from each
4segment of postsecondary education, students, public schools,
5employers, the California Commission on Higher Education
6Performance and Accountability, and experiential education
7personnel.

8

SEC. 39.  

Section 74292 of the Education Code is amended to
9read:

10

74292.  

Notwithstanding any other law, the following steps
11shall be taken to address the imminent risk that Compton
12Community College’s accreditation will be terminated by the
13regional accrediting body recognized by the Board of Governors
14of the California Community Colleges:

15(a) The Chancellor of the California Community Colleges is
16authorized to oversee all actions at the Compton Community
17College District related to the loss of the college’s accreditation
18and efforts described in this article to address that situation. The
19Compton Community College District shall reimburse the Board
20of Governors of the California Community Colleges for any
21expenses incurred by the chancellor or his or her staff in carrying
22out this oversight responsibility.

23(b) The Compton Community College District shall complete
24the provision of instruction for all classes for which it intends to
25claim apportionment prior to the date of its loss of accreditation.

26(c) Notwithstanding any other law, the Compton Community
27College District shall continue to be eligible to receive state funding
28as provided in this article even if its accreditation is terminated.

29(d) (1) The Compton Community College District shall identify
30a partner district that will agree to provide accredited instructional
31programs to students residing in the Compton Community College
32District. The special trustee assigned to the Compton Community
33College District pursuant to Section 71093 and the partner district
34are authorized to enter into one or more agreements to provide
35instructional services or other services, and to make any other
36necessary preparations to implement the educational programs
37described in this article, as well as any related necessary
38administrative or support services, in a timely manner so as to
39ensure that services to Compton Community College students will
40not be interrupted and that those students will remain eligible for
P30   1federal financial assistance. The agreement or agreements shall
2provide that the partner district is entitled to receive a reasonable
3administrative fee to be fixed by the mutual agreement of the
4parties.

5(2) The partner district shall be a district in good standing with
6the Accrediting Commission for Community and Junior Colleges
7(ACCJC), and shall have successfully completed the accreditation
8cycle and secured accreditation for its colleges. A district with a
9college that is on warning, probation, or show-cause status with
10the ACCJC, or that is being monitored for fiscal stability by the
11chancellor’s office is not considered a district in good standing for
12purposes of this article.

13(e) The partner district may offer any programs or courses for
14which it has secured applicable approvals. In addition, any
15programs and courses that were previously approved by the board
16of governors to be offered by the Compton Community College
17District may continue to be offered by the partner district in the
18territory of the Compton Community College District without
19additional state approval until June 30, 2011.

20(f) No later than 30 days after Compton Community College’s
21loss of accreditation, the board of governors shall approve the
22facilities of Compton Community College as an off-campus
23educational center of the partner district. The center shall be known
24as the Compton Community Educational Center. The board of
25governors shall give notice of its approval to the county committee
26and county superintendent having jurisdiction over any territory
27affected by the action.

28(g) The board of governors may permanently or temporarily
29waive any of its regulatory requirements necessary to effectuate
30this article, including, but not necessarily limited to, its regulations
31regarding educational centers.

32(h) The partner district is eligible to provide instruction at the
33center without the recommendation of the California Commission
34on Higher Education Performance and Accountability under
35Section 66904 until the district secures the commission’s
36recommendation for the facility to operate as an off-campus
37educational center or until June 30, 2011, whichever occurs first.

38(i) The partner district shall comply with all federal requirements
39to ensure that students taking classes offered by the partner district
P31   1at the Compton Community Educational Center remain eligible
2for federal financial assistance.

3(j) Students enrolled in the Compton Community College
4District as of January 31, 2006, shall be subject to the following
5conditions:

6(1) The partner district shall ensure that any student who, by
7the end of the Spring 2006 term, has completed at least 75 percent
8of the courses required for the degree or certificate he or she is
9pursuing will be able to complete that program. Every reasonable
10effort shall be made to allow other students who have begun work
11toward a certificate or degree, but who have not completed 75
12percent of the required coursework, to continue and complete their
13programs.

14(2) Students enrolling in classes provided by the partner district
15pursuant to this section shall be considered students of the partner
16district, shall receive credit from the partner district for classes
17they successfully complete, shall receive certificates or degrees
18they earn from the partner district, and shall receive financial aid
19through the partner district if they meet all applicable eligibility
20requirements.

21(3) The partner district shall maintain student records related to
22the attendance of students in classes it offers pursuant to this
23section in accordance with all applicable state and federal laws.

24(4) The partner district shall consider each student who enrolls
25for classes no later than the Spring 2007 term to be a continuing
26student for purposes of enrollment priorities.

27(5) Any regulations of the board of governors relating to
28minimum residence at the college granting a degree shall not be
29applicable.

30(k) The board of governors shall adopt any regulations necessary
31to implement this article. These regulations may be adopted as
32emergency regulations that may remain in effect for up to one year
33from the date of adoption, and shall not be subject to paragraph
34(5) or (6) of subdivision (a) of Section 70901.5 or to Chapter 3.5
35(commencing with Section 11340) of Part 1 of Division 3 of Title
362 of the Government Code.

37(l) (1) The partner district shall provide the services described
38in this article for a minimum of five years from the date those
39services commence pursuant to subdivision (d), and shall thereafter
40provide the services for any additional period determined necessary
P32   1by the board of governors. In addition, the board of governors may
2require, in its sole discretion, that the services described herein be
3modified or terminated at an earlier date based on the best interests
4of the California Community Colleges system and its students.

5(2) Notwithstanding paragraph (1), either the partner district or
6the special trustee appointed pursuant to Section 71093 may initiate
7termination of the agreements described in subdivision (d) by
8giving 180 days’ written notice to the other party and to the board
9of governors. No termination pursuant to this subdivision may take
10effect until the end of the semester following the notice provided
11under this paragraph, so as to protect students from a mid-term
12interruption of educational services. Should the partner district
13provide notice of a desire to terminate any agreements at a time
14when the trustee determines that services provided under those
15agreements are still necessary to serve the interests of Compton
16students and residents or at a time when the Compton Community
17College District is not fully accredited and bonds issued pursuant
18to Section 41329.52 are outstanding, the partner district shall
19continue the services until it can secure a district to provide
20uninterrupted comparable services to the satisfaction of the special
21trustee.

22(m) (1) The Compton Community College District shall
23continue to be responsible for ensuring that all of its permanent
24records are retained and stored as required by state law and that
25all records related to its administration of programs under Title IV
26of the federal Higher Education Act are retained for a minimum
27of three years after the conclusion of its participation in those
28programs.

29(2) The Compton Community College District shall be
30responsible for institutional actions related to the loss of
31accreditation, including actions that are required under Section
32688.26 of Title 34 of the Code of Federal Regulations, related to
33the ending of the participation of the Compton Community College
34District in programs under Title IV of the federal Higher Education
35begin deleteAct, end deletebegin insertAct of 1965, end insertrefunding any students’ unearned tuition and
36fees, refunding to the federal government any unexpended federal
37student financial aid funds, returning to lenders any loan proceeds
38not distributed to students, or the collection of outstanding student
39debts to the Compton Community College District.

P33   1(n) In addition to addressing the ongoing educational needs of
2the students of the Compton Community College District, the
3partner district and the special trustee appointed pursuant to Section
471093 shall take steps aimed at achieving the goal of seeking
5renewed accreditation for Compton Community College at the
6earliest feasible date. Progress toward achieving this goal shall be
7periodically reported to the board of governors.

8(o) A person, begin deletefirm end deletebegin insertfirm, end insertor organization shall not, without the
9permission of the Compton Community College District, use the
10name “Compton Community College,” or any name of which these
11words are a part, or any abbreviation thereof.

12

SEC. 40.  

Section 81004 of the Education Code is amended to
13read:

14

81004.  

(a) A community college may develop a public-private
15partnership for the purpose of constructing education buildings or
16education centers. The facilities may be constructed on a site
17donated through the public-private partnership agreement between
18the community college and the private sector. The construction of
19any education building or education center is subject to approval
20by the Board of Governors of the California Community Colleges
21if the education building or education center is eligible for state
22funding for construction, equipment, or ongoing maintenance.
23Community colleges shall not be eligible to receive state funds for
24off-campus centers unless recommended by the California
25 Commission on Higher Education Performance and Accountability
26pursuant to Section 66904.

27(b) (1) If a community college requests state funding for an
28education building or education center constructed through a
29public-private partnership, funding for that facility shall not
30supersede community college facilities that have been previously
31prioritized by the board of governors and are awaiting state
32funding. These facilities shall be subject to the board of governors’
33annual prioritization process and shall not receive higher priority
34for state funding solely because the facilities are constructed
35through a public-private partnership.

36(2) Any state funding to reimburse a community college for
37construction of a facility pursuant to this subdivision shall not
38exceed that community college’s share of costs.

39(c) A community college may request state funding for
40instructional equipment for an education building or education
P34   1center that is constructed through a public-private partnership or
2that is acquired without state funding. However, funding for that
3equipment shall be provided in the same manner as for other
4community college facilities, provided that the construction or
5acquisition of the facility otherwise would have qualified as a
6priority project for state funding.

7(d) On or before January 1, 1999, the board of governors shall
8adopt regulations to implement this section. However, prior to
9adopting these regulations, the Chancellor of the California
10Community Colleges shall consult with the Department of Finance
11and the Legislative Analyst.

12

SEC. 41.  

Section 81005 of the Education Code is amended to
13read:

14

81005.  

(a) State funds provided for the capital outlay financing
15needs of the California Community Colleges may be used to
16acquire an existing government-owned or privately-owned building
17and for the necessary costs of converting that building to
18community college use. A community college district that is
19eligible for state funding for capital outlay financing may purchase
20an existing government-owned or privately-owned building and
21convert it to community college use with state funds if all of the
22following criteria apply:

23(1) The building to be purchased was constructed as, and
24continues to qualify as, a school building pursuant to Article 7
25(commencing with Section 81130), or the building is determined
26to have, or is rehabilitated to an extent that it is determined to have,
27a pupil safety performance standard that is equivalent to that of a
28building constructed pursuant to Article 7 (commencing with
29Section 81130). In making the determination of the pupil safety
30performance standard as required in this paragraph, all of the
31requirements of paragraphs (1) and (2) of subdivision (a) of Section
3281149 shall be met.

33(2) The total cost of purchasing and converting the existing
34building to community college use is not greater than the estimated
35cost of constructing an equivalent building.

36(3) The land associated with a building to be purchased will be
37owned by, or controlled through a long-term lease by, the
38community college district. As used in this section, “long-term
39lease” means a lease with a term of at least 50 years.

P35   1(4) The district has complied with facility site review procedures
2and guideline recommendations of the California Commission on
3Higher Education Performance and Accountability pursuant to
4Section 66904.

5(b) Funding for a building to be purchased under this section
6shall not supersede funding for community college facilities that
7have previously been prioritized by the board of governors and
8are awaiting state funding. Buildings purchased under this section
9shall be subject to the annual prioritization process of the board
10of governors, and shall not receive higher priority for state funding
11because they are existing buildings rather than buildings proposed
12to be constructed.

13(c) A community college district that purchases an existing
14building under this section may request state funding for
15instructional equipment. Funding for that instructional equipment
16shall be provided in accordance with Chapter 4.8 (commencing
17with Section 84670) of Part 50, provided that the chancellor
18determines that the purchase of this equipment qualifies as a
19priority for state funding.

20

SEC. 42.  

Section 87482.4 of the Education Code is repealed.

21

SEC. 43.  

Section 89002 of the Education Code is amended to
22read:

23

89002.  

The campuses authorized in paragraphs (19), (21), and
24(22) of subdivision (a) of Section 89001 shall commence
25construction only upon resolution of the trustees, approved by the
26California Commission on Higher Education Performance and
27Accountability.

28

SEC. 44.  

Section 89011 of the Education Code is amended to
29read:

30

89011.  

(a) It is the intent of the Legislature that public
31programs of postsecondary education be made available to qualified
32persons throughout this state, including areas of substantial existing
33or projected population that are isolated from any campus of the
34California State University.

35(b) The Trustees of the California State University shall consider
36the establishment of a permanent, state-supported off-campus
37center on state-owned property in Contra Costa County, the purpose
38of which shall be to continue to offer education programs at the
39upper division and graduate levels.

P36   1(c) Pursuant to the establishment of a permanent, state-supported
2off-campus center as provided by subdivision (b), the trustees shall
3contract for the preparation of a master plan for physical
4development, and a detailed survey of Contra Costa County, as
5follows:

6(1) The master plan for the physical development of the center
7shall project major land uses, including open space, and the
8development of physical facilities, including those relating to
9lecture and laboratory use, and other instructional activities, site
10work, plant operations, and adjunct operations. The master plan
11shall be subject to the approval of the Trustees of the California
12State University.

13(2) The detailed survey of Contra Costa County shall include,
14but not be limited to, official population projections, an industry
15and income profile, an analysis of specific education program
16requirements of potentially qualified students, an assessment of
17the need for educational services at the upper division and graduate
18levels, and an assessment of the services currently provided by
19other public and private institutions of postsecondary education,
20including the University of California and the California
21Community Colleges.

22(d) The trustees shall review the results of the master plan and
23survey and shall forward the results to the California Commission
24on Higher Education Performance and Accountability for its review
25pursuant to Section 66904.

26

SEC. 45.  

Section 89070.35 of the Education Code is amended
27to read:

28

89070.35.  

(a) The intersegmental advisory committee shall
29consist of the following members:

30(1) Two members, one of whom shall be a mathematics faculty
31member, appointed by each of the following:

32(A) The Chancellor of the California State University.

33(B) The President of the University of California, if he or she
34chooses to serve as a member.

35(C) The Chancellor of the California Community Colleges.

36(D) The Superintendent.

37(2) One member appointed by each of the following:

38(A) The Chair of the Association of Independent California
39Colleges and Universities.

P37   1(B) The Director of the California Commission on Higher
2Education Performance and Accountability.

3(C) The Chair of the California Academic Partnership Program
4Advisory Committee.

5(D) The Director of the California Mathematics Project.

6(b) The intersegmental advisory committee may recommend
7that the trustees increase its size by the appointment of public,
8corporate, or other members.

9

SEC. 46.  

Section 89070.40 of the Education Code is amended
10to read:

11

89070.40.  

The Trustees of the California State University shall
12work with the University of California, the California Commission
13on Higher Education Performance and Accountability, and the
14advisory committee to develop a comprehensive program
15evaluation. This evaluation shall be conducted in 1993, and every
16three years thereafter to determine the success of the program.

17

SEC. 47.  

Section 89720 of the Education Code, as amended
18by Section 4 of Chapter 511 of the Statutes of 2014, is amended
19to read:

20

89720.  

(a) The trustees may accept on behalf of the state any
21gift, bequest, devise, or donation of real or personal property
22whenever the gift and the terms and conditions thereof will aid in
23carrying out the primary functions of the California State
24University as specified in subdivision (b) of Section 66010.4.
25Neither Section 11005 of the Government Code, nor any other law
26requiring approval by a state officer of gifts, bequests, devises, or
27donations, shall apply to these gifts, bequests, devises, or donations.
28These gifts, bequests, devises, or donations, and the disposition
29thereof, shall be annually reported to the California Commission
30on Higher Education Performance and Accountability, the Joint
31Legislative Budget Committee, and the Department of Finance by
32January 31 of each year.

33(b) Notwithstanding Sections 11005.2 and 14664 of the
34Government Code or any other law to the contrary, the trustees
35may sell or exchange interests in real property received pursuant
36to this section when, in the judgment of the trustees, the sale or
37exchange is in the best interests of the California State University.
38No sale or exchange of an interest in real property made pursuant
39to this section shall exceed ten million dollars ($10,000,000) per
40transaction.

P38   1(c) Notwithstanding Sections 11005 and 15853 of the
2Government Code or any other law to the contrary, the trustees
3may purchase interests in real property from moneys received
4pursuant to this section, including those moneys received from the
5sale or exchange of interests in real property pursuant to this
6section. Any such purchase shall be consistent with any restrictions
7placed upon the gift, bequest, devise, or donation and shall be in
8the best interests of the California State University, as determined
9by the trustees.

10(d) No interest in any real property that is part of a main campus
11of any of the institutions of the California State University listed
12in Section 89001 shall be sold or exchanged pursuant to this
13section.

14(e) Any sale or exchange of interests in real property carried
15out pursuant to this section shall be reported annually to the
16California Commission on Higher Education Performance and
17Accountability or a successor agency, the Joint Legislative Budget
18Committee, and the Department of Finance by January 31 of each
19year.

20

SEC. 48.  

Section 92605 of the Education Code is amended to
21read:

22

92605.  

(a) The regents are hereby requested to consider, as a
23component of the University of California’s current systemwide
24medical education program assessment, the expansion of the
25Charles R. Drew/UCLA Undergraduate Medical Education
26Program.

27(b) The regents are further requested to submit, not later than
28June 30, 2003, a report summarizing their findings regarding the
29Charles R. Drew/UCLA Undergraduate Medical Education
30Program to the Governor, the Legislature, and the California
31Commission on Higher Education Performance and Accountability.

32

SEC. 49.  

Section 94155 of the Education Code is amended to
33read:

34

94155.  

On or before March 31 in each year, the authority shall
35make an annual report of its activities for the preceding calendar
36year to the Governor and the Legislature. Each report shall set
37forth a complete operating and financial statement covering the
38authority’s operations during the year. The authority shall cause
39an audit of its books and accounts to be made at least once in each
40year by certified public accountants. The authority shall also
P39   1consult with the California Commission on Higher Education
2Performance and Accountability and the Student Aid Commission
3with respect to the need for additional financing of student loan
4projects.

5

SEC. 50.  

Section 99151 of the Education Code is amended to
6read:

7

99151.  

(a) “Admissions data assembly service” means any
8summary or report of grades, grade point averages, standardized
9test scores, or any combination of grades and test scores, of a test
10subject used by any test score recipient.

11(b) “Commission” means the California Commission on Higher
12Education Performance and Accountability.

13(c) “Score reporting service” means the reporting of a test
14subject’s standardized score to a test score recipient by a test
15agency.

16(d) “Secure test” means any test that contains items not available
17 to the public and that, to allow the further use of test items and to
18protect the validity and reliability of the test, is subject to special
19security procedures in its publication, distribution, and
20administration.

21(e) (1) “Standardized test” or “test” means any test administered
22in California at the expense of the test subject that is used for the
23purposes of admission to, or class placement in, postsecondary
24educational institutions or their programs, or any test used for
25preliminary preparation for those tests.

26(2) “Standardized test” or “test” includes, but is not limited to,
27the Preliminary Scholastic Aptitude Test, the Scholastic Aptitude
28 Test, the College Board Achievement Tests and Advanced
29Placement Tests, the ACT Assessment, the Graduate Record
30Examination, the Medical College Admission Test, the Law School
31Admission Test, the Dental Admission Testing Program, the
32Graduate Management Admission Test, and the Miller Analogies
33Test.

34(3) A standardized test does not include a test, or part of a test,
35 that has been in use for less than five years, or that is administered
36to a selected group of individuals principally for research, pretest,
37equating, guidance, counseling, or for purposes of meeting
38graduation requirements of secondary schools and postsecondary
39educational institutions.

P40   1(4) Tests that are administered as supplements or auxiliaries to
2another test, or that form a specialized component of a test, may
3be combined for purposes of this chapter.

4(f) “Testing year” means the 12 calendar months that the test
5agency considers either its operational cycle or its fiscal year.

6(g) “Test preparation course” means any curriculum, course of
7study, plan of instruction, or method of preparation given for a fee
8 that is specifically designed or constructed to prepare or improve
9a test subject’s score on a standardized test.

10(h) “Test program” means all of the administrations of a test of
11the same name during a testing year.

12(i) “Test score” or “score” means the value given to the test
13subject’s performance on a standardized test, administered by the
14test agency, whether reported in numerical, percentile, or any other
15form.

16(j) “Test score recipient” means any person, organization,
17association, corporation, postsecondary education institution, or
18governmental agency or subdivision to which the test subject
19requests or designates that a test agency report a test score.

20(k) “Test sponsor” or “test agency” means an individual,
21partnership, corporation, association, company, firm, institution,
22society, trust, or joint stock company that develops, sponsors, or
23administers standardized tests.

24(l) “Test subject” or “subject” means an individual who takes
25a standardized test.

26

SEC. 51.  

Section 99181 of the Education Code is amended to
27read:

28

99181.  

The University of California, the California State
29University, and the California Community Colleges shall each
30prepare a list of reports required to be submitted on a regular basis
31to the Legislature and to state agencies. The purpose of each report
32shall be identified, as well as the costs associated with production
33of the report. This information shall be submitted to the education
34policy and fiscal committees of the Legislature, the Department
35of Finance, and the California Commission on Higher Education
36Performance and Accountability. The California Commission on
37Higher Education Performance and Accountability shall review
38and comment on the utility of the required reports identified by
39the educational institutions, and offer recommendations for
40consolidating or eliminating existing reporting requirements in
P41   1order to reduce operating expenses and streamline reporting
2provisions.

3

SEC. 52.  

Section 99182 of the Education Code is amended to
4read:

5

99182.  

(a) On or before November 15 of each year, the
6California Commission on Higher Education Performance and
7Accountability shall submit a higher education report to the
8Legislature and the Governor that provides information to the
9citizens of the state on the significant indicators of performance
10of the public colleges and universities. This annual report shall be
11presented in a readable format. Prior to publication, the commission
12shall distribute a draft of the report to all public colleges and
13universities for comment.

14(b) The commission, in cooperation with the public colleges
15and universities, shall develop and adopt a format for the higher
16education report specified in subdivision (a) and the information
17to be included. The following types of information shall be
18considered for inclusion in the report with respect to public
19universities:

20(1) The retention rate of students.

21(2) The proportion of lower division instructional courses taught
22by tenured and tenure-track faculty.

23(3) The minimum number of hours per semester required to be
24spent by faculty in student advisement.

25(4) The proportion of graduate and undergraduate students
26participating in sponsored research programs.

27(5) Placement data on graduates.

28(6) The proportional changes in the participation and graduation
29rates of students from groups historically underrepresented in
30higher education.

31(7) The proportion of graduate students who received
32undergraduate degrees (A) at the institution, (B) within the state,
33(C) within the United States, and (D) from other nations.

34(8) The number of full-time students who have transferred from
35 a California community college.

36(9) Demonstrable evidence of improvements in student
37knowledge, capacities, and skills between entrance and graduation,
38where this evidence exists.

39(10) Results of surveys of students regarding student attitudes
40and experiences, where these surveys exist.

P42   1(c) The following types of information shall be considered for
2inclusion in the report with respect to public community colleges:

3(1) The retention rate of students.

4(2) The proportion of remedial or developmental education
5courses taught by full-time faculty.

6(3) The number of hours per student per semester spent by
7faculty in student advisement.

8(4) Placement data on graduates.

9(5) The proportional change in the participation and graduation
10rate of students from groups historically underrepresented in higher
11education.

12(6) The number of students who have transferred into a
13four-year, postsecondary educational institution, by ethnicity and
14gender.

15(7) Demonstrable evidence of improvements in student
16knowledge, capacities, and skills between entrance and graduation,
17where this evidence exists.

18(8) Results of surveys of students regarding student attitudes
19and experiences, where these surveys exist.

20

SEC. 53.  

Section 99202 of the Education Code is amended to
21read:

22

99202.  

(a) Within each subject matter project, a project
23advisory board shall be established to do all of the following:

24(1) Set guidelines for project sites.

25(2) Review and recommend site proposals for funding.

26(3) Monitor project activities to ensure that they adequately
27reflect the priorities of the project and that projects comply with
28the requirements of this chapter.

29(4) Perform other duties as determined by the Concurrence
30Committee rules and regulations adopted pursuant to subdivision
31(b) of Section 99200.

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

33(1) One representative selected by the California Commission
34on Higher Education Performance and Accountability.

35(2) Two representatives selected by the President of the
36University of California, one of whom is a member of the faculty
37in the discipline addressed by the project.

38(3) Two representatives selected by the Chancellor of the
39California State University, one of whom is a member of the faculty
40in the discipline addressed by the project.

P43   1(4) Three representatives selected by the Superintendent, one
2of whom is a classroom teacher in the subject areas addressed by
3the project.

4(5) Two representatives of the state board, one of whom is a
5classroom teacher in the subject areas addressed by the subject.

6(6) One representative selected by the Governor.

7(7) One representative selected by the Commission on Teacher
8Credentialing.

9(8) One representative of the statewide professional organization
10of teachers in the subject matter addressed by the project, to be
11selected by the president of that organization. If there is more than
12one statewide professional organization of teachers in that subject
13area, the members of the advisory board may choose which
14organization shall select the representative and may choose to
15include a representative of one or more of the other organizations
16as nonvoting members of the advisory board.

17(9) Two representatives of the California Community Colleges
18selected by the Chancellor of the California Community Colleges,
19one of whom is a faculty member in the subject matter area
20addressed by the project.

21(10) Two representatives of an independent postsecondary
22educational institution selected by the Association of Independent
23California Colleges and Universities, one of whom is a member
24of the faculty in the discipline addressed by the project.

25

SEC. 54.  

Section 11126 of the Government Code is amended
26to read:

27

11126.  

(a) (1) This article does not prevent a state body from
28holding closed sessions during a regular or special meeting to
29consider the appointment, employment, evaluation of performance,
30or dismissal of a public employee or to hear complaints or charges
31brought against that employee by another person or employee
32unless the employee requests a public hearing.

33(2) As a condition to holding a closed session on the complaints
34or charges to consider disciplinary action or to consider dismissal,
35the employee shall be given written notice of his or her right to
36have a public hearing, rather than a closed session, and that notice
37shall be delivered to the employee personally or by mail at least
3824 hours before the time for holding a regular or special meeting.
39If notice is not given, any disciplinary or other action taken against
40any employee at the closed session shall be null and void.

P44   1(3) The state body also may exclude from any public or closed
2session, during the examination of a witness, any or all other
3witnesses in the matter being investigated by the state body.

4(4) Following the public hearing or closed session, the body
5may deliberate on the decision to be reached in a closed session.

6(b) For purposes of this section, “employee” does not include
7any person who is elected to, or appointed to a public office by,
8any state body. However, officers of the California State University
9who receive compensation for their services, other than per diem
10and ordinary and necessary expenses, shall, when engaged in that
11capacity, be considered employees. Furthermore, for purposes of
12this section, the term employee includes a person exempt from
13civil service pursuant to subdivision (e) of Section 4 of Article VII
14of the California Constitution.

15(c) Nothing in this article shall be construed to do any of the
16following:

17(1) Prevent state bodies that administer the licensing of persons
18engaging in businesses or professions from holding closed sessions
19to prepare, approve, grade, or administer examinations.

20(2) Prevent an advisory body of a state body that administers
21the licensing of persons engaged in businesses or professions from
22conducting a closed session to discuss matters that the advisory
23body has found would constitute an unwarranted invasion of the
24privacy of an individual licensee or applicant if discussed in an
25open meeting, provided the advisory body does not include a
26quorum of the members of the state body it advises. Those matters
27may include review of an applicant’s qualifications for licensure
28and an inquiry specifically related to the state body’s enforcement
29program concerning an individual licensee or applicant where the
30inquiry occurs prior to the filing of a civil, criminal, or
31administrative disciplinary action against the licensee or applicant
32by the state body.

33(3) Prohibit a state body from holding a closed session to
34deliberate on a decision to be reached in a proceeding required to
35be conducted pursuant to Chapter 5 (commencing with Section
3611500) or similar provisions of law.

37(4) Grant a right to enter any correctional institution or the
38grounds of a correctional institution where that right is not
39otherwise granted by law, nor shall anything in this article be
40construed to prevent a state body from holding a closed session
P45   1when considering and acting upon the determination of a term,
2parole, or release of any individual or other disposition of an
3individual case, or if public disclosure of the subjects under
4discussion or consideration is expressly prohibited by statute.

5(5) Prevent any closed session to consider the conferring of
6honorary degrees, or gifts, donations, and bequests that the donor
7or proposed donor has requested in writing to be kept confidential.

8(6) Prevent the Alcoholic Beverage Control Appeals Board from
9holding a closed session for the purpose of holding a deliberative
10conference as provided in Section 11125.

11(7) (A) Prevent a state body from holding closed sessions with
12its negotiator prior to the purchase, sale, exchange, or lease of real
13property by or for the state body to give instructions to its
14negotiator regarding the price and terms of payment for the
15purchase, sale, exchange, or lease.

16(B) However, prior to the closed session, the state body shall
17hold an open and public session in which it identifies the real
18property or real properties that the negotiations may concern and
19the person or persons with whom its negotiator may negotiate.

20(C) For purposes of this paragraph, the negotiator may be a
21member of the state body.

22(D) For purposes of this paragraph, “lease” includes renewal or
23renegotiation of a lease.

24(E) Nothing in this paragraph shall preclude a state body from
25holding a closed session for discussions regarding eminent domain
26proceedings pursuant to subdivision (e).

27(8) Prevent the California Commission on Higher Education
28Performance and Accountability from holding closed sessions to
29consider matters pertaining to the appointment or termination of
30the Director of the California Commission on Higher Education
31Performance and Accountability.

32(9) Prevent the Council for Private Postsecondary and
33Vocational Education from holding closed sessions to consider
34matters pertaining to the appointment or termination of the
35Executive Director of the Council for Private Postsecondary and
36Vocational Education.

37(10) Prevent the Franchise Tax Board from holding closed
38sessions for the purpose of discussion of confidential tax returns
39or information the public disclosure of which is prohibited by law,
P46   1or from considering matters pertaining to the appointment or
2removal of the Executive Officer of the Franchise Tax Board.

3(11) Require the Franchise Tax Board to notice or disclose any
4confidential tax information considered in closed sessions, or
5documents executed in connection therewith, the public disclosure
6of which is prohibited pursuant to Article 2 (commencing with
7Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
8Revenue and Taxation Code.

9(12) Prevent the Corrections Standards Authority from holding
10closed sessions when considering reports of crime conditions under
11Section 6027 of the Penal Code.

12(13) Prevent the State Air Resources Board from holding closed
13sessions when considering the proprietary specifications and
14performance data of manufacturers.

15(14) Prevent the State Board of Education or the Superintendent
16of Public Instruction, or any committee advising the board or the
17Superintendent, from holding closed sessions on those portions of
18its review of assessment instruments pursuant to Chapter 5
19(commencing with Section 60600) of, or pursuant to Chapter 9
20(commencing with Section 60850) of, Part 33 of Division 4 of
21Title 2 of the Education Code during which actual test content is
22reviewed and discussed. The purpose of this provision is to
23maintain the confidentiality of the assessments under review.

24(15) Prevent the California Integrated Waste Management Board
25or its auxiliary committees from holding closed sessions for the
26purpose of discussing confidential tax returns, discussing trade
27secrets or confidential or proprietary information in its possession,
28or discussing other data, the public disclosure of which is
29prohibited by law.

30(16) Prevent a state body that invests retirement, pension, or
31endowment funds from holding closed sessions when considering
32investment decisions. For purposes of consideration of shareholder
33voting on corporate stocks held by the state body, closed sessions
34for the purposes of voting may be held only with respect to election
35of corporate directors, election of independent auditors, and other
36financial issues that could have a material effect on the net income
37of the corporation. For the purpose of real property investment
38decisions that may be considered in a closed session pursuant to
39this paragraph, a state body shall also be exempt from the
P47   1provisions of paragraph (7) relating to the identification of real
2properties prior to the closed session.

3(17) Prevent a state body, or boards, commissions,
4administrative officers, or other representatives that may properly
5be designated by law or by a state body, from holding closed
6sessions with its representatives in discharging its responsibilities
7under Chapter 10 (commencing with Section 3500), Chapter 10.3
8(commencing with Section 3512), Chapter 10.5 (commencing with
9Section 3525), or Chapter 10.7 (commencing with Section 3540)
10of Division 4 of Title 1 as the sessions relate to salaries, salary
11schedules, or compensation paid in the form of fringe benefits.
12For the purposes enumerated in the preceding sentence, a state
13body may also meet with a state conciliator who has intervened
14in the proceedings.

15(18) (A) Prevent a state body from holding closed sessions to
16consider matters posing a threat or potential threat of criminal or
17terrorist activity against the personnel, property, buildings,
18facilities, or equipment, including electronic data, owned, leased,
19or controlled by the state body, where disclosure of these
20considerations could compromise or impede the safety or security
21of the personnel, property, buildings, facilities, or equipment,
22including electronic data, owned, leased, or controlled by the state
23body.

24(B) Notwithstanding any other law, a state body, at any regular
25or special meeting, may meet in a closed session pursuant to
26subparagraph (A) upon a two-thirds vote of the members present
27at the meeting.

28(C) After meeting in closed session pursuant to subparagraph
29(A), the state body shall reconvene in open session prior to
30adjournment and report that a closed session was held pursuant to
31subparagraph (A), the general nature of the matters considered,
32and whether any action was taken in closed session.

33(D) After meeting in closed session pursuant to subparagraph
34(A), the state body shall submit to the Legislative Analyst written
35notification stating that it held this closed session, the general
36reason or reasons for the closed session, the general nature of the
37matters considered, and whether any action was taken in closed
38session. The Legislative Analyst shall retain for no less than four
39years any written notification received from a state body pursuant
40to this subparagraph.

P48   1(d) (1) Notwithstanding any other law, any meeting of the
2Public Utilities Commission at which the rates of entities under
3the commission’s jurisdiction are changed shall be open and public.

4(2) Nothing in this article shall be construed to prevent the
5Public Utilities Commission from holding closed sessions to
6deliberate on the institution of proceedings, or disciplinary actions
7against any person or entity under the jurisdiction of the
8commission.

9(e) (1) Nothing in this article shall be construed to prevent a
10state body, based on the advice of its legal counsel, from holding
11a closed session to confer with, or receive advice from, its legal
12counsel regarding pending litigation when discussion in open
13session concerning those matters would prejudice the position of
14the state body in the litigation.

15(2) For purposes of this article, all expressions of the
16lawyer-client privilege other than those provided in this subdivision
17are hereby abrogated. This subdivision is the exclusive expression
18of the lawyer-client privilege for purposes of conducting closed
19session meetings pursuant to this article. For purposes of this
20subdivision, litigation shall be considered pending when any of
21the following circumstances exist:

22(A) An adjudicatory proceeding before a court, an administrative
23body exercising its adjudicatory authority, a hearing officer, or an
24arbitrator, to which the state body is a party, has been initiated
25formally.

26(B) (i) A point has been reached where, in the opinion of the
27state body on the advice of its legal counsel, based on existing
28facts and circumstances, there is a significant exposure to litigation
29against the state body.

30(ii) Based on existing facts and circumstances, the state body
31is meeting only to decide whether a closed session is authorized
32pursuant to clause (i).

33(C) (i) Based on existing facts and circumstances, the state
34body has decided to initiate or is deciding whether to initiate
35litigation.

36(ii) The legal counsel of the state body shall prepare and submit
37tobegin delete itend deletebegin insert the state bodyend insert a memorandum stating the specific reasons and
38legal authority for the closed session. If the closed session is
39pursuant to paragraph (1), the memorandum shall include the title
40of the litigation. If the closed session is pursuant to subparagraph
P49   1(A) or (B), the memorandum shall include the existing facts and
2circumstances on which it is based. The legal counsel shall submit
3the memorandum to the state body prior to the closed session, if
4feasible, and in any case no later than one week after the closed
5session. The memorandum shall be exempt from disclosure
6pursuant to Section 6254.25.

7(iii) For purposes of this subdivision, “litigation” includes any
8adjudicatory proceeding, including eminent domain, before a court,
9administrative body exercising its adjudicatory authority, hearing
10officer, or arbitrator.

11(iv) Disclosure of a memorandum required under this
12subdivision shall not be deemed as a waiver of the lawyer-client
13privilege, as provided for under Article 3 (commencing with
14Section 950) of Chapter 4 of Division 8 of the Evidence Code.

15(f) In addition to subdivisions (a), (b), and (c), nothing in this
16article shall be construed to do any of the following:

17(1) Prevent a state body operating under a joint powers
18agreement for insurance pooling from holding a closed session to
19discuss a claim for the payment of tort liability or public liability
20losses incurred by the state body or any member agency under the
21joint powers agreement.

22(2) Prevent the examining committee established by the State
23Board of Forestry and Fire Protection, pursuant to Section 763 of
24the Public Resources Code, from conducting a closed session to
25consider disciplinary action against an individual professional
26forester prior to the filing of an accusation against the forester
27pursuant to Section 11503.

28(3) Prevent an advisory committee established by the California
29Board of Accountancy pursuant to Section 5020 of the Business
30and Professions Code from conducting a closed session to consider
31disciplinary action against an individual accountant prior to the
32filing of an accusation against the accountant pursuant to Section
3311503. Nothing in this article shall be construed to prevent an
34examining committee established by the California Board of
35Accountancy pursuant to Section 5023 of the Business and
36Professions Code from conducting a closed hearing to interview
37an individual applicant or accountant regarding the applicant’s
38qualifications.

39(4) Prevent a state body, as defined in subdivision (b) of Section
4011121, from conducting a closed session to consider any matter
P50   1that properly could be considered in closed session by the state
2body whose authority it exercises.

3(5) Prevent a state body, as defined in subdivision (d) of Section
411121, from conducting a closed session to consider any matter
5that properly could be considered in a closed session by the body
6defined as a state body pursuant to subdivision (a) or (b) of Section
711121.

8(6) Prevent a state body, as defined in subdivision (c) of Section
911121, from conducting a closed session to consider any matter
10that properly could be considered in a closed session by the state
11body it advises.

12(7) Prevent the State Board of Equalization from holding closed
13sessions for either of the following:

14(A) When considering matters pertaining to the appointment or
15removal of the Executive Secretary of the State Board of
16Equalization.

17(B) For the purpose of hearing confidential taxpayer appeals or
18data, the public disclosure of which is prohibited by law.

19(8) Require the State Board of Equalization to disclose any
20action taken in closed session or documents executed in connection
21with that action, the public disclosure of which is prohibited by
22law pursuant to Sections 15619 and 15641 of this code and Sections
23833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651,
2445982, 46751, 50159, 55381, and 60609 of the Revenue and
25Taxation Code.

26(9) Prevent the California Earthquake Prediction Evaluation
27Council, or other body appointed to advise the Director of the
28Office of Emergency Services or the Governor concerning matters
29relating to volcanic or earthquake predictions, from holding closed
30sessions when considering the evaluation of possible predictions.

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

32(1) The Teachers’ Retirement Board or the Board of
33Administration of the Public Employees’ Retirement System from
34holding closed sessions when considering matters pertaining to
35the recruitment, appointment, employment, or removal of the chief
36executive officer or when considering matters pertaining to the
37recruitment or removal of the Chief Investment Officer of the State
38Teachers’ Retirement System or the Public Employees’ Retirement
39System.

P51   1(2) The Commission on Teacher Credentialing from holding
2closed sessions when considering matters relating to the
3recruitment, appointment, or removal of its executive director.

4(h) This article does not prevent the Board of Administration
5of the Public Employees’ Retirement System from holding closed
6sessions when considering matters relating to the development of
7rates and competitive strategy for plans offered pursuant to Chapter
815 (commencing with Section 21660) of Part 3 of Division 5.

9(i) This article does not prevent the Managed Risk Medical
10Insurance Board from holding closed sessions when considering
11matters related to the development of rates and contracting strategy
12for entities contracting or seeking to contract with the board
13pursuant to Part 6.2 (commencing with Section 12693), Part 6.3
14(commencing with Section 12695), Part 6.4 (commencing with
15Section 12699.50), or Part 6.5 (commencing with Section 12700)
16of Division 2 of the Insurance Code.

17(j) This article does not prevent the board of the State
18Compensation Insurance Fund from holding closed sessions in the
19followingbegin insert circumstancesend insert:

20(1) When considering matters related to claims pursuant to
21Chapter 1 (commencing with Section 3200) of Part 1 of Division
224 of the Labor Code, to the extent that confidential medical
23information or other individually identifiable information would
24be disclosed.

25(2) To the extent that matters related to audits and investigations
26that have not been completed would be disclosed.

27(3) To the extent that an internal audit containing proprietary
28information would be disclosed.

29(4) To the extent that the session would address the development
30of rates, contracting strategy, underwriting, or competitive strategy,
31pursuant to the powers granted to the board in Chapter 4
32(commencing with Section 11770) of Part 3 of Division 2 of the
33Insurance Code, when discussion in open session concerning those
34matters would prejudice the position of the State Compensation
35Insurance Fund.

36(k) The State Compensation Insurance Fund shall comply with
37the procedures specified in Section 11125.4 with respect to any
38closed session or meeting authorized by subdivision (j), and in
39addition shall provide an opportunity for a member of the public
P52   1to be heard on the issue of the appropriateness of closing the
2meeting or session.

3

SEC. 55.  

Section 127785 of the Health and Safety Code is
4repealed.

5

SEC. 56.  

Section 128030 of the Health and Safety Code is
6amended to read:

7

128030.  

The office, in cooperation with the California
8Commission on Higher Education Performance and Accountability,
9shall administer the program established pursuant to this article
10and shall for this purpose, adopt regulations as it determines are
11reasonably necessary to carry out this article.

12

SEC. 57.  

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

14

24357.8.  

(a) In the case of a qualified research contribution,
15the amount otherwise allowed as a deduction under Section 24357,
16shall be reduced by that amount of the reduction provided by
17Section 24357.1 that is no greater than the sum of the following:

18(1) One-half of the amount computed pursuant to Section
1924357.1 (computed without regard to this paragraph).

20(2) The amount, if any, by which the charitable contribution
21deduction under this section for any qualified research contribution
22(computed by taking into account the amount determined by
23paragraph (1), but without regard to this paragraph) exceeds twice
24the basis of the property.

25(b) For purposes of this section, “qualified research contribution”
26means a charitable contribution by a taxpayer of tangible personal
27property described in paragraph (1) of Section 1221 of the Internal
28Revenue Code, but only if all of the following conditions are met:

29(1) The contribution is to an educational organization that is
30described in subsection (b)(1)(A)(ii) of Section 170 of the Internal
31Revenue Code and that is an institution of higher education, as
32defined in Section 3304(f) of the Internal Revenue Code of 1954,
33in California.

34(2) The contribution is made not later than two years after the
35date the construction of the property is substantially completed.

36(3) The original use of the property is by the donee.

37(4) The property is scientific equipment or apparatus
38substantially all of the use of which by the donee is for research
39or experimentation, within the meaning of Section 24365, or for
P53   1research training, in physical, applied, or biological sciences, or
2for instructional purposes.

3(5) The property is not transferred by the donee in exchange for
4money, other property, or services.

5(6) The taxpayer receives from the donee a written statement
6representing that its use and disposition of the property will be in
7accordance with this section, and with respect to property
8substantially all of the use of which is for instructional purposes,
9the taxpayer receives from the donee a written statement
10representing that the property will be used as an integral part of
11the instructional program. In the case of a computer, the statement
12shall also represent that the donee has acquired or will acquire,
13necessary basic operational software and the means to provide
14trained staff to utilize the property.

15(7) The contribution is made on or after July 1, 1983, and on or
16before December 31, 1993.

17(8) The taxpayer shall report to the Franchise Tax Board, on
18forms prescribed by the board, the name and address of the
19recipient educational organization, a description of the qualified
20charitable contribution, the fair market value of the contribution,
21and the date the contribution was made. The taxpayer shall forward
22a copy of the forms, along with the written statements prescribed
23in paragraph (6), to the following:

24(A) The President of the University of California, in the case
25of contributions to institutions within the University of California
26system.

27(B) The California Commission on Higher Education
28Performance and Accountability, in the case of contributions to
29private institutions.

30(C) The Chancellor of the California State University, in the
31case of contributions to institutions within the California State
32University system.

33(D) The Chancellor of the California Community Colleges, in
34the case of contributions to institutions within the California
35Community College system.

36(c) For purposes of this section, the term “taxpayer” shall not
37include a service organization, as defined in Section 414(m)(3) of
38the Internal Revenue Code.

39

SEC. 58.  

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

P54   1

10529.  

(a) The services provided by the existing labor market
2information system within the department shall include workforce
3and economic information that does all of the following:

4(1) Provides data and information to the state Workforce
5Investment Board created pursuant to Section 2821 of Title 29 of
6the United States Code, to enable the board to plan, operate, and
7evaluate investments in the state’s workforce preparation system
8that will make the California economy more productive and
9competitive.

10(2) Provides data and information for continuous strategic
11planning and the development of policies for the growth and
12competitiveness of the California economy.

13(3) Identifies and combines information from various state
14databases to produce useful, geographically based analysis and
15products, to the extent possible using existing resources.

16(4) Provides technical assistance related to accessing workforce
17and economic information to local governments, public-sector
18entities, research institutes, nonprofit organizations, and community
19groups that have various levels of expertise, to the extent possible
20using existing resources.

21(b) The department shall coordinate with the State Department
22of Education, the Chancellor of the California Community
23Colleges, the State Department of Social Services, the California
24 Commission on Higher Education Performance and Accountability,
25the Department of Finance, and the Franchise Tax Board in
26developing economic and workforce information. The department
27shall also solicit input in the operation of the program from public
28and private agencies and individuals that make use of the labor
29market information provided by the department.

30

SEC. 59.  

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

32

4341.5.  

In order to ensurebegin insert that there will beend insert an adequate number
33of qualified psychiatrists and psychologists with forensic skills,
34the State Department of State Hospitals shall, to the extent
35resources are available, plan with the University of California,
36private universities, and the California Commission on Higher
37Education Performance and Accountability for the development
38of programs for the training of psychiatrists and psychologists with
39forensic skills, and recommend appropriate incentive measures,
40such as state scholarships.

P55   1

SEC. 60.  

Section 4421 of the Welfare and Institutions Code is
2amended to read:

3

4421.  

In order tobegin delete assureend deletebegin insert ensure that there will beend insert an adequate
4number of qualified psychiatrists and psychologists with forensic
5skills, the State Department of Developmental Services shall plan
6with the University of California, private universities, and the
7California Commission on Higher Education Performance and
8Accountability for the development of programs for the training
9of psychiatrists and psychologists with forensic skills.



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