Amended in Assembly July 1, 2015

Amended in Senate April 7, 2015

Senate BillNo. 42


Introduced by Senator Liu

December 2, 2014


An act to begin delete 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, 67002, 67003, 67312, 67382, 68052, 69562, 69655, 69966, 74292, 81004, 81005, 89002, 89011, 89070.35, 89070.40, 89720, 92605, 94155, 99151, 99181, 99182, and 99202 of, to amend the heading of Chapter 11 (commencing with Section 66900) of Part 40 of Division 5 of Title 3 of, to add Section 66941 to, 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 Institutionsend delete begin insert add Sections 66010.96, 66010.97, and 66010.98 to the Educationend insert Code, relating to postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert

Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 public segments of postsecondary education in this state.

end insert
begin insert

Existing law states the intent of the Legislature that budget and policy decisions regarding postsecondary education generally adhere to 3 specified goals and that appropriate metrics be identified, defined, and formally adopted, based upon metrics recommended by a working group, to monitor progress toward the achievement of the goals.

end insert

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.begin insert The annual state Budget Acts from the 2011-12 fiscal year to the 2015-16 fiscal year, inclusive, have provided no funding for CPEC.end insert

This bill wouldbegin delete change the composition of, and rename, CPEC as the California Commission onend deletebegin insert end insertbegin insertestablish the Office ofend insert Higher Education Performance andbegin delete 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.end deletebegin insert Accountability as the statewide postsecondary education and planning entity. The bill would provide for the appointment by the Governor, subject to confirmation by a majority of the membership of the Senate, of an executive director of the office. The bill would establish a 6-member advisory board to the office for the purpose of reviewing and commenting on any recommendations made by the office to the Governor and the Legislature.end insert

begin insert

The bill would specify the functions and responsibilities of the office, which would include, among other things, the articulation and monitoring of state performance objectives for higher education, advising the Legislature and the Governor regarding the need for, and the location of, new institutions and campuses of public higher education, acting as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies, and reviewing all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education.

end insert
begin insert

The bill would require the office to report to the Legislature and the Governor on or before December 31 of each year regarding its progress in achieving specified objectives and responsibilities.

end insert

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

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

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 66010.96 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert66010.96.end insert  

(a) The Office of Higher Education Performance
4and Accountability is hereby established as the statewide
5postsecondary education coordination and planning entity. The
6office shall be established in state government within the
7Governor’s office, and shall be under the direct control of an
8executive director.

9(b) The Governor shall appoint the Executive Director of the
10Office of Higher Education Performance and Accountability, who
11shall perform all duties, exercise all powers, assume and discharge
12all responsibilities, and carry out and effect all purposes vested
13by law in the office, including contracting for professional or
14consultant services in connection with the work of the office. The
15appointment of the executive director shall be subject to
16confirmation by the affirmative vote of a majority of the
17membership of the Senate. The executive director shall appoint
18persons to any staff positions the Governor may authorize.

19(c) The Governor may appoint the executive director at a salary
20that shall be fixed pursuant to Section 12001 of the Government
21Code.

22(d) An advisory board to the office is established for the purpose
23of reviewing and commenting on any recommendations made by
24the Office to the Governor and the Legislature. The advisory board
25shall consist of six public members with experience in
26postsecondary education, appointed as follows:

27(1) Three members of the advisory board shall be appointed by
28the Senate Committee on Rules.

29(2) Three members of the advisory board shall be appointed by
30the Speaker of the Assembly.

31(e) The office may consult with the higher education segments,
32as appropriate, in the conduct of its duties and responsibilities.

end insert
P4    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 66010.97 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert66010.97.end insert  

The Office of Higher Education Performance and
4Accountability shall exist for the purpose of advising the Governor,
5the Legislature, and other appropriate governmental officials and
6institutions of postsecondary education. The office shall have the
7following functions and responsibilities in its capacity as the
8statewide postsecondary education planning and coordinating
9agency and advisor to the Legislature and the Governor:

10(a) It shall articulate and monitor state performance objectives
11for higher education.

12(b) It shall advise the Legislature and the Governor regarding
13the need for, and the location of, new institutions and campuses
14of public higher education.

15(c) It shall review proposals by the public segments for new
16programs, the priorities that guide the public segments, and the
17degree of coordination by those segments with nearby public,
18independent, and private postsecondary educational institutions,
19and shall make recommendations regarding those proposals to
20the Legislature and the Governor.

21(d) (1) It shall act as a clearinghouse for postsecondary
22education information and as a primary source of information for
23the Legislature, the Governor, and other agencies. It shall develop
24and maintain a comprehensive database that does all of the
25following:

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

27(B) Supports longitudinal studies of individual students as they
28progress through the state's postsecondary educational institutions
29through the use of a unique student identifier.

30(C) Maintains compatability with California School Information
31Services and the student information systems developed and
32maintained by the public segments of higher education, as
33appropriate.

34(D) Provides Internet access to data, as appropriate, to the
35sectors of higher education.

36(E) Provides each of the educational segments access to the
37data made available to the commission for purposes of the
38database, in order to support, most efficiently and effectively,
39statewide, segmental, and individual campus educational research
40information needs.

P5    1(2) The office, in implementing paragraph (1), shall comply
2with the federal Family Educational Rights and Privacy Act of
31974 (20 U.S.C. Sec. 1232g) as it relates to the disclosure of
4personally identifiable information concerning students.

5(3) The office may not make available any personally identifiable
6information received from a postsecondary educational institution
7concerning students for any regulatory purpose unless the
8institution has authorized the office to provide that information
9on behalf of the institution.

10(4) The office shall provide 30-day notification to the
11chairpersons of the appropriate policy and budget committees of
12the Legislature, to the Director of Finance, and to the Governor
13before making any significant changes to the student information
14contained in the database.

15(e) It shall review all proposals for changes in eligibility pools
16for admission to public institutions and segments of postsecondary
17 education, and shall make recommendations to the Legislature,
18the Governor, and institutions of postsecondary education. In
19carrying out this subdivision, the office periodically shall conduct
20a study of the percentages of California public high school
21graduates estimated to be eligible for admission to the University
22of California and the California State University.

23(f) It shall, through its use of information and its analytic
24capacity, inform the identification and periodic revision of state
25goals and priorities for higher education in a manner that is
26consistent with the goals outlined in Section 66010.91 and the
27metrics outlined in Sections 89295 and 92675. It shall, biennially,
28interpret and evaluate both statewide and institutional performance
29in relation to these goals and priorities.

30(g) It shall submit reports to the Legislature in compliance with
31Section 9795 of the Government Code.

32(h) It shall manage data systems and maintain programmatic,
33policy, and fiscal expertise to receive and aggregate information
34reported by the institutions of higher education in this state.

end insert
35begin insert

begin insertSEC. end insertbegin insert3.end insert  

end insert

begin insertSection 66010.98 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
36read:end insert

begin insert
37

begin insert66010.98.end insert  

On or before December 31 of each year, the office
38shall report to the Legislature and the Governor regarding its
39progress in achieving the objectives and responsibilities set forth
40in subdivision (a) of Section 66010.97.

end insert
begin delete
P6    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.

30(5) Two representatives of the California State University, to
31be appointed by the Chancellor of the California State University,
32at least one of whom shall be a faculty member.

33(6) Two representatives of the University of California,
34appointed by the President of the University of California, at least
35one of whom shall be a faculty member.

36(7) One representative, appointed by the Director of the
37California Commission on Higher Education Performance and
38Accountability.

P7    1(b) Faculty appointments to the advisory committee shall be
2made by the appropriate appointing authority through consultation
3with the faculty senate.

4

SEC. 3.  

Section 11005 of the Education Code is amended to
5read:

6

11005.  

Based upon evaluations conducted pursuant to former
7Section 11004, the California Commission on Higher Education
8Performance and Accountability may identify projects that are
9ineffective or not cost-effective for termination. Funds made
10available as a result of that termination shall be reallocated for the
11awarding of new grants pursuant to Section 11003.

12

SEC. 4.  

Section 11700 of the Education Code is amended to
13read:

14

11700.  

(a) It is the intent of the Legislature that the Center for
15International Education Synergy be established through a joint
16powers agreement, entered into pursuant to Chapter 5 (commencing
17with Section 6500) of Division 7 of Title 1 of the Government
18Code, between the Sweetwater Union High School District, the
19Southwestern Community College District, and San Diego State
20University. It is the intent of the Legislature that a joint powers
21agency created pursuant to the joint powers agreement own and
22maintain the land and facilities for the Center for International
23Education Synergy at the Southwestern College Higher Education
24Center at Otay Mesa.

25(b) In addition to funding appropriated by the Legislature for
26purposes of the Center for International Education Synergy, entities
27participating in the establishment and operation of the center are
28encouraged to seek supplemental funding, including, but not limited
29to, funding from foundations, corporations, and other public
30entities.

31(c) Any postsecondary education facilities and programs
32developed pursuant to this section shall be subject to the
33requirements of Section 66903 as they apply to the governing
34boards of public postsecondary educational institutions.

35(d) The Center for International Education Synergy shall be
36established only upon approval by the California Commission on
37Higher Education Performance and Accountability based on a
38needs study and subsequent approval from the Department of
39Finance.

P8    1

SEC. 5.  

Section 12200 of the Education Code is amended to
2read:

3

12200.  

(a) The state board is vested with all necessary power
4and authority to perform all acts necessary to authorize governing
5boards of districts maintaining community colleges to receive the
6benefits and to expend the funds provided by any acts of Congress
7under which districts maintaining community colleges may be
8eligible to receive benefits, including, but not limited to, Title VII
9of the National Housing Act of 1961 (Public Law 87-70), as
10amended, and any of the acts of Congress referred to in this chapter.
11The state board is vested with all necessary power and authority
12to authorize districts maintaining community colleges to cooperate
13with the government of the United States, or any agency or
14agencies thereof, for the purpose of receiving the benefits and
15expending the funds provided by those acts of Congress, or any
16rules or regulations adopted under those acts, or any state plan or
17rules or regulations of the California Commission on Higher
18Education Performance and Accountability adopted in accordance
19with any of those acts of Congress under which the California
20Commission on Higher Education Performance and Accountability
21is designated in this chapter as the state educational agency.
22Whenever necessary to secure the full benefits of those acts of
23Congress, the governing board may give such security as may be
24required and may comply with such conditions as may be imposed
25by the federal government. The funds received by the district under
26the provisions of those acts of Congress shall be deposited in the
27county treasury, as provided for in Section 84001.

28(b) This section is applicable to only those acts of Congress that
29have been enacted before January 1, 1967.

30

SEC. 6.  

Section 32500 of the Education Code is amended to
31read:

32

32500.  

(a) In order to encourage greater involvement of
33educational institutions in planning and developing prison-based
34educational programs, the Secretary of the Department of
35Corrections and Rehabilitation, the Chancellor of the California
36State University, the Chancellor of the California Community
37Colleges, and the Superintendent, with the advice of the California
38Commission on Higher Education Performance and Accountability,
39shall enter into interagency agreements. These agreements shall
40provide for, but not be limited to, all of the following:

P9    1(1) A determination of the roles of the Department of
2Corrections and Rehabilitation, the Office of the Chancellor of the
3California State University, the Office of the Chancellor of the
4California Community Colleges, and the State Department of
5Education, in developing policy for prison-based educational
6programs.

7(2) Joint policy and program planning.

8(b) The Secretary of the Department of Corrections and
9Rehabilitation, the Chancellor of the California State University,
10the Chancellor of the California Community Colleges, and the
11Superintendent shall appoint an advisory committee to do, but not
12be limited to doing, all of the following:

13(1) Making recommendations on the use of instructional
14television in these programs.

15(2) Reviewing and making recommendations relating to any
16proposed budgets for these programs.

17(3) Reviewing and making recommendations relating to the
18implementation of the interagency agreement.

19(c) Notwithstanding the other provisions of this section, the
20Secretary of the Department of Corrections and Rehabilitation
21shall administer all prison-based education programs.

22

SEC. 7.  

Section 44212 of the Education Code, as amended by
23Section 37 of Chapter 71 of the Statutes of 2014, is amended to
24read:

25

44212.  

(a) The Regents of the University of California, the
26Trustees of the California State University, the California
27Commission on Higher Education Performance and Accountability,
28and the Association of Independent California Colleges and
29Universities shall each appoint a representative to serve as member
30ex officio without vote in proceedings of the commission.

31(b) The ex officio members shall not vote in the proceedings of
32the commission or in any of its committees or subcommittees,
33except, by a majority vote of the commission, ex officio members
34may be permitted to vote in committees or subcommittees in order
35to establish a quorum or as otherwise determined by majority vote
36of the commission.

37

SEC. 8.  

Section 44784 of the Education Code is amended to
38read:

P10   1

44784.  

(a) The institution selected under Section 44782 shall
2be assisted by an advisory committee, the function of which shall
3be:

4(1) To review and comment on plans for the establishment of
5the resource centers.

6(2) To assist in determining criteria for local and private funding
7matches to be required for the operation of each resource center.

8(3) To advise the project on the selection of proposals for
9funding.

10(b) The advisory committee shall be composed of the following
11 members:

12(1) Ten members appointed by representatives of higher
13education, two each to be selected by the President of the
14University of California, the Chancellor of the California State
15University, the Chancellor of the California Community Colleges,
16the Association of Independent California Colleges and
17Universities, and the California Commission on Higher Education
18Performance and Accountability. At least one of the appointees
19of each of these appointing entities shall be an elementary or
20secondary school classroom teacher with classroom experience in
21international studies instruction.

22(2) Four public members with special interest or competence
23in international affairs, representing business, community, and
24subject area educational organizations, one each to be selected by
25the Superintendent, the Governor, the Speaker of the Assembly,
26and the Senate Committee on Rules.

27(3) Three certificated school teachers, or other educators, with
28classroom experience in international studies instruction, to be
29designated by the institution selected to operate the project.

30

SEC. 9.  

Section 45351 of the Education Code is repealed.

31

SEC. 10.  

Section 52342 of the Education Code is amended to
32read:

33

52342.  

In the implementation of this article, the State
34Department of Education shall, on a regular basis, advise and
35consult with representatives of the Employment Development
36Department, the Board of Governors of the California Community
37Colleges, the California Commission on Higher Education
38Performance and Accountability, the University of California, the
39Chancellor of the California State University, the Commission on
40Teacher Credentialing, the Department of Industrial Relations, the
P11   1Department of Consumer Affairs, the California Advisory Council
2on Career Technical Education and Technical Training, and the
3State Personnel Board.

4

SEC. 11.  

Section 52957 of the Education Code is amended to
5read:

6

52957.  

The advisory committee shall include:

7(a) One representative selected by the California Commission
8on Higher Education Performance and Accountability.

9(b) Two representatives selected by the President of the
10University of California, one of whom has the responsibility for
11teaching science.

12(c) Two representatives selected by the Chancellor of the
13California State University, one of whom has the responsibility
14for teaching science.

15(d) Two representatives selected by the Chancellor of the
16California Community Colleges, one of whom has the
17responsibility for teaching science.

18(e) Four public school classroom teachers of science, and one
19additional representative, selected by the Superintendent.

20(f) One teacher of science plus a representative selected by the
21Association of Independent California Colleges and Universities.

22(g) One representative of business and industry selected by the
23Industry Education Council of California.

24(h) One representative of California labor, selected by the
25California branch of the American Federation of Labor-Congress
26of Industrial Organizations (AFL-CIO).

27(i) One representative of the National Science Supervisors
28Association.

29(j) One representative of a national laboratory, selected by the
30Regents of the University of California.

31

SEC. 12.  

Section 54703 of the Education Code is amended to
32read:

33

54703.  

The Superintendent shall prepare rules and regulations
34necessary to implement the provisions of this article, including
35rules and regulations that:

36(a) Prescribe the procedure by which a district shall identify
37pupils who are traditionally underrepresented in higher education.

38(b) Provide for the rendering of technical assistance that, upon
39request, shall be available to enable school districts and schools
P12   1to design, implement, or evaluate the University and College
2Opportunities Program authorized by this article.

3(c) Identify effective practices regarding, but not necessarily
4limited to, college and university opportunities programs, and
5disseminate information regarding these programs to each
6participating school district and county superintendent of schools.

7(d) Develop, in conjunction with the California Commission on
8Higher Education Performance and Accountability, common data
9elements that can be used by secondary and postsecondary
10educators to assess and improve program performance.

11

SEC. 13.  

Section 66010.4 of the Education Code is amended
12to read:

13

66010.4.  

The missions and functions of California’s public
14and independent segments, and their respective institutions of
15higher education shall be differentiated as follows:

16(a) (1) The California Community Colleges shall, as a primary
17mission, offer academic and vocational instruction at the lower
18division level for both younger and older students, including those
19persons returning to school. Public community colleges shall offer
20instruction through but not beyond the second year of college.
21These institutions may grant the associate in arts and the associate
22in science degree.

23(2) In addition to the primary mission of academic and
24vocational instruction, the community colleges shall offer
25instruction and courses to achieve all of the following:

26(A) The provision of remedial instruction for those in need of
27it and, in conjunction with the school districts, instruction in
28English as a second language, adult noncredit instruction, and
29support services that help students succeed at the postsecondary
30level are reaffirmed and supported as essential and important
31functions of the community colleges.

32(B) The provision of adult noncredit education curricula in areas
33defined as being in the state’s interest is an essential and important
34function of the community colleges.

35(C) The provision of community services courses and programs
36is an authorized function of the community colleges so long as
37their provision is compatible with an institution’s ability to meet
38its obligations in its primary missions.

39(3) A primary mission of the California Community Colleges
40is to advance California’s economic growth and global
P13   1competitiveness through education, training, and services that
2contribute to continuous workforce improvement.

3(4) The community colleges may conduct, to the extent that
4state funding is provided, institutional research concerning student
5learning and retention as is needed to facilitate their educational
6 missions.

7(b) The California State University shall offer undergraduate
8and graduate instruction through the master’s degree in the liberal
9arts and sciences and professional education, including teacher
10education. Presently established two-year programs in agriculture
11are authorized, but other two-year programs shall be permitted
12only when mutually agreed upon by the Trustees of the California
13State University and the Board of Governors of the California
14Community Colleges. The doctoral degree may be awarded jointly
15with the University of California, as provided in subdivision (c)
16and pursuant to Section 66904. The doctoral degree may also be
17awarded jointly with one or more independent institutions of higher
18education, provided that the proposed doctoral program is approved
19by the California Commission on Higher Education Performance
20and Accountability. Research, scholarship, and creative activity
21in support of its undergraduate and graduate instructional mission
22is authorized in the California State University and shall be
23supported by the state. The primary mission of the California State
24University is undergraduate and graduate instruction through the
25master’s degree.

26(c) The University of California may provide undergraduate
27and graduate instruction in the liberal arts and sciences and in the
28professions, including the teaching professions. It shall have
29exclusive jurisdiction in public higher education over instruction
30in the profession of law and over graduate instruction in the
31professions of medicine, dentistry, and veterinary medicine. It has
32the sole authority in public higher education to award the doctoral
33degree in all fields of learning, except that it may agree with the
34 California State University to award joint doctoral degrees in
35selected fields. The University of California shall be the primary
36state-supported academic agency for research.

37(d) The independent institutions of higher education shall
38provide undergraduate and graduate instruction and research in
39accordance with their respective missions.

P14   1

SEC. 14.  

Section 66010.6 of the Education Code is amended
2to read:

3

66010.6.  

(a) The missions of agencies charged with
4coordination, administration, or implementation of higher education
5policies and programs in California shall be as follows:

6(1) The California Commission on Higher Education
7Performance and Accountability is the statewide postsecondary
8education coordinating and planning agency. The commission
9shall serve as a principal fiscal and program advisor to the
10Governor and the Legislature on postsecondary educational policy.
11Consistent with Section 66903, the commission’s responsibilities
12shall include, but not be limited to, all of the following:

13(A) Analysis and recommendations related to long-range
14planning for public postsecondary education.

15(B) Analysis of state policy and programs involving the
16independent and private postsecondary educational sectors.

17(C)  Analysis and recommendations related to program and
18policy review.

19(D) Resource analysis.

20(E) Maintenance and publication of pertinent public information
21relating to all aspects of postsecondary education.

22 (2) The California Commission on Higher Education
23Performance and Accountability shall consult with the
24postsecondary educational segments and with relevant state
25agencies, including the Student Aid Commission, the
26Superintendent and other relevant parties, in its preparation of
27analyses and recommendations to the Governor and the Legislature.
28However, the commission shall remain an independent and
29nonpartisan body responsible for providing an integrated and
30segmentally unbiased view for purposes of state policy formulation
31and evaluation.

32(b) (1) The Student Aid Commission is the primary state agency
33for the administration of state-authorized student financial aid
34programs available to students attending all segments of
35postsecondary education. These programs include grant, work
36study, and loan programs supported by the state and the federal
37government.

38(2) Consistent with this responsibility, the Student Aid
39Commission shall provide, in consultation with the postsecondary
40education segments and relevant state agencies, policy leadership
P15   1on student financial aid issues, evaluate the effectiveness of its
2programs, conduct research and long-range planning as a
3foundation for program improvement, report on total state financial
4aid needs, and disseminate information to students and their
5families.

6(c) The Bureau for Private Postsecondary Education is the
7primary state agency responsible for approving and regulating
8private postsecondary and vocational educational institutions and
9for developing state policies for private postsecondary and
10vocational education in California. The bureau shall represent the
11private postsecondary and vocational education institutions in all
12state level planning and policy discussions about postsecondary
13and vocational education.

14

SEC. 15.  

Section 66010.7 of the Education Code is amended
15to read:

16

66010.7.  

(a) The Legislature, through the enactment of this
17section, expresses its commitment to encourage and support
18collaboration and coordination among all segments of education.

19(b) Within the differentiation of segmental functions outlined
20in this article, the institutions of higher education shall undertake
21intersegmental collaboration and coordination particularly when
22it can do any of the following:

23(1) Enhance the achievement of the institutional missions shared
24by the segments.

25(2) Provide more effective planning of postsecondary education
26on a statewide basis.

27(3) Facilitate achievement of the goals of educational equity.

28(4) Enable public and independent higher education to meet
29more effectively the educational needs of a geographic region.

30(5) Facilitate student progress from one segment to another,
31particularly with regard to preparation of students for higher
32education as well as the transfer from campuses of the California
33Community Colleges to four-year institutions.

34(c) The leaders responsible for public and independent
35institutions of higher education and the Superintendent shall work
36together to promote and facilitate the development of
37intersegmental programs and other cooperative efforts aimed at
38improving the progress of students through the educational systems
39and at strengthening the teaching profession at all levels.

P16   1(d) The California Commission on Higher Education
2Performance and Accountability shall be responsible for reviewing
3and evaluating the effectiveness of intersegmental activities in
4accomplishing the established goals, and shall report its findings
5to the Governor and Legislature biennially.

6

SEC. 16.  

Section 66040.3 of the Education Code is amended
7to read:

8

66040.3.  

(a) Pursuant to Section 66040, and notwithstanding
9Section 66010.4, in order to meet specific educational leadership
10needs in the California public schools and community colleges,
11the California State University is authorized to award the Doctor
12of Education (Ed.D.) degree as defined in this section. The
13authority to award degrees granted by this article is limited to the
14discipline of education. The Doctor of Education degree offered
15by the California State University shall be distinguished from
16doctoral degree programs at the University of California.

17(b) The Doctor of Education degree offered by the California
18State University shall be focused on preparing administrative
19leaders for California public elementary and secondary schools
20and community colleges and on the knowledge and skills needed
21by administrators to be effective leaders in California public
22schools and community colleges. The Doctor of Education degree
23offered by the California State University shall be offered through
24partnerships through which the California public elementary and
25secondary schools and community colleges shall participate
26substantively in program design, candidate recruitment and
27admissions, teaching, and program assessment and evaluation.
28This degree shall enable professionals to earn the degree while
29working full time.

30(c) This article does not limit or preclude the California
31 Commission on Higher Education Performance and Accountability
32from exercising its authority under Chapter 11 (commencing with
33Section 66900) to review, evaluate, and make recommendations
34relating to, any and all programs established under this article.

35

SEC. 17.  

Section 66742 of the Education Code is amended to
36read:

37

66742.  

(a) The governing boards of the three public segments
38of higher education shall present annual statistical reports on
39transfer patterns via the California Commission on Higher
40Education Performance and Accountability to the Governor and
P17   1Legislature. The reports shall include recent statistics on student
2enrollments by campus, segment, gender, ethnicity, and the ratio
3of upper division to lower division, including information on both
4freshman and transfer student access to the system. These reports
5should include, to the extent that data are available or become
6available, data on application, admission, and enrollment
7information for all students by sex, ethnicity, and campus. For
8transfer students, this data shall indicate the segment of origin for
9all students. In addition, data shall be separately identified for
10transfer students from California Community Colleges, and shall
11identify the subset of applications that are completed together with
12admission, enrollment, and declared major information for that
13group.

14(b) The reports shall describe the number of transfer agreements,
15if any, whose terms and conditions were not satisfied by either the
16California State University or the University of California, the
17number of California Community College transfer students denied
18either admission to the student's first choice of a particular campus
19of the California State University or the University of California
20or the student's first choice of a major field of study, and, among
21those students, the number of students who, upon denial of either
22of the student's first choices, immediately enrolled at another
23campus of the California State University or the University of
24California. The reports shall also include information by sex and
25ethnicity on retention and degree completion for transfer students
26as well as for native students, and the number and percentage of
27baccalaureate degree recipients who transferred from a community
28college campus.

29

SEC. 18.  

Section 66743 of the Education Code is amended to
30read:

31

66743.  

The California Commission on Higher Education
32Performance and Accountability is requested to convene an
33intersegmental advisory committee on transfer access and
34performance for purposes of presenting biennial reports to the
35Governor and the Legislature on the status of transfer policies and
36programs, the diligence of each segment's board, and the
37effectiveness of these programs in meeting the state's goals for
38transfer. The report shall include information about all of the
39following:

P18   1(a) The effectiveness of transfer agreement programs and
2activities in enhancing the transfer function overall as well as the
3extent to which transfer program activities have been directed at
4students who have been historically underrepresented in the
5University of California and the California State University.

6(b) The status of the implementation of the transfer core
7curriculum, as described in Section 66720, for each community
8college, including information about the extent to which sophomore
9level courses needed for transfer are available on all community
10college campuses.

11(c) Progress that has been made in achieving articulation
12agreements in those specific majors that have lower division
13prerequisites, and the dissemination of this information. The
14committee shall also explore methods to systematically measure
15the extent to which the state’s goals of freshmen and transfer
16student access are being met, including analyses of the number of
17fully eligible freshmen or transfer students who are denied access
18to the system, and the reasons for that denial. The committee shall
19also address ways in which sharing of information about transfer
20students among the segments can be improved, including early
21identification of potential transfer students for intensive recruitment
22purposes.

23(d) The Governor and the Legislature shall monitor the success
24of the University of California and the California State University
25in achieving their targeted enrollment levels and in implementing
26these reforms. A substantial failure to implement reform, to achieve
27the 60/40 ratio by the designated dates, or to improve the transfer
28rate of historically underrepresented groups significantly, shall
29precipitate legislative hearings to determine the reasons why any
30one or all of these goals have not been met.

31

SEC. 19.  

The heading of Chapter 11 (commencing with Section
3266900) of Part 40 of Division 5 of Title 3 of the Education Code
33 is amended to read:

34 

35Chapter  11. California Commission on Higher Education
36Performance and Accountability
37

 

38

SEC. 20.  

Section 66900 of the Education Code is repealed.

39

SEC. 21.  

Section 66900 is added to the Education Code, to
40read:

P19   1

66900.  

For purposes of this chapter, the following terms have
2the following meanings:

3(a) “Commission” means the California Commission on Higher
4Education Performance and Accountability, established pursuant
5to subdivision (a) of Section 66901.

6(b) “Director” means the Director of the California Commission
7on Higher Education Performance and Accountability, appointed
8by the commission pursuant to subdivision (m) of Section 66901.

9

SEC. 22.  

Section 66901 of the Education Code is amended to
10read:

11

66901.  

(a) There is hereby established the California
12Commission on Higher Education Performance and Accountability,
13which shall be advisory to the Governor, the Legislature, other
14appropriate governmental officials, and institutions of
15postsecondary education. The commission shall be composed of
16 17 members of the general public, appointed as follows:

17(1) Four members shall be appointed by the Speaker of the
18Assembly.

19(2) Four members shall be appointed by the Senate Committee
20on Rules.

21(3) Nine members, including a chairperson of the commission,
22shall be appointed by the Governor, subject to confirmation by the
23Senate.

24(b) A person who is employed by any institution of public or
25private postsecondary education shall not be appointed to or serve
26on the commission, except that a person who is not a permanent,
27full-time employee and who has part-time teaching duties that do
28not exceed six hours per week may be appointed to and serve on
29the commission.

30(c) Appointments to the commission shall be representative of
31civic, business, and public school leaders.

32(d) The commission members shall serve at the pleasure of their
33respective appointing authorities. The members appointed pursuant
34to paragraphs (1) and (2) of subdivision (a) shall each serve a
35six-year term. The members appointed pursuant to paragraph (3)
36of subdivision (a) shall initially serve a three-year term, and shall
37serve a six-year term thereafter. The respective appointing authority
38may appoint an alternate for each member who may, during the
39member’s absence, serve on the commission and vote on matters
40before the commission. When vacancies occur prior to expiration
P20   1of terms, the respective appointing authority may appoint a member
2for the remainder of the term.

3(e) Any person appointed pursuant to this section may be
4reappointed to serve additional terms.

5(f) All terms subsequent to the initial appointments shall begin
6on January 1 of the year in which the respective terms are to start.

7(g) Any person appointed pursuant to this section who no longer
8has the position that made him or her eligible for appointment may
9nonetheless complete his or her term of office on the commission.

10(h) A person appointed pursuant to this section shall not, with
11respect to any matter before the commission, vote for or on behalf
12of, or in any way exercise the vote of, any other member of the
13commission.

14(i) The commission shall meet as often as it deems necessary
15to carry out its duties and responsibilities.

16(j) Any member of the commission who in any calendar year
17misses more than one-third of the meetings of the full commission
18forfeits his or her office, thereby creating a vacancy.

19(k) There is established an advisory committee to the
20commission and the director, consisting of the chief executive
21officers of each of the public segments, or their designees, the
22Superintendent or his or her designee, one student representative
23who shall be enrolled at a California postsecondary educational
24institution at the time of appointment and during the term of
25service, one executive officer from among the independent
26California colleges and universities that are formed and operated
27as nonprofit corporations in this state and are accredited by a
28regional association that is recognized by the United States
29Department of Education, and one executive officer of the Council
30for Private Postsecondary and Vocational Education to be
31designated by the commission. Commission meeting agenda items
32and associated documents shall be provided to the committee in a
33timely manner for its consideration and comments.

34(l) The commission may appoint any subcommittees or advisory
35committees it deems necessary to advise the commission on matters
36of educational policy. The advisory committees may consist of
37commission members or nonmembers, or both, including students,
38faculty members, segmental representatives, governmental
39representatives, and representatives of the public.

P21   1(m) The commission shall appoint a director, subject to
2confirmation by the Senate. The director shall appoint persons to
3any staff positions the commission may authorize.

4(n) The commission shall prescribe rules for the transaction of
5its own affairs, subject to all the following requirements and
6limitations:

7(1) The votes of all representatives shall be recorded.

8(2) Effective action shall require the affirmative vote of a
9majority of all the duly appointed members of the commission,
10not including vacant commission seats.

11(3) The affirmative votes of two-thirds of all the duly appointed
12members of the commission, not including vacant commission
13seats, shall be necessary to appoint the director.

14

SEC. 23.  

Section 66902.5 of the Education Code is repealed.

15

SEC. 24.  

Section 66903 of the Education Code is amended to
16read:

17

66903.  

The commission has the following functions and
18responsibilities in its capacity as the statewide postsecondary
19education planning and coordinating agency and adviser to the
20Legislature and the Governor:

21(a) It shall articulate and monitor state performance objectives
22for higher education.

23(b) It shall advise the Legislature and the Governor regarding
24the need for, and location of, new institutions and campuses of
25public higher education.

26(c)  It shall review proposals by the public segments for new
27programs, the priorities that guide them, and the degree of
28coordination with nearby public, independent, and private
29postsecondary educational institutions, and shall make
30recommendations regarding those proposals to the Legislature and
31the Governor.

32(d) (1) It shall act as a clearinghouse for postsecondary
33education information and as a primary source of information for
34the Legislature, the Governor, and other agencies. It shall develop
35and maintain a comprehensive database that does all of the
36following:

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

38(B) Supports longitudinal studies of individual students as they
39progress through the state’s postsecondary educational institutions,
P22   1based upon the commission’s existing student database through
2the use of a unique student identifier.

3(C) Is compatible with California School Information Services
4and the student information systems developed and maintained by
5the public segments of higher education, as appropriate.

6(D) Provides Internet access to data, as appropriate, to the sectors
7of higher education.

8(E) Provides each of the educational segments access to the data
9made available to the commission for purposes of the database, in
10order to support, most efficiently and effectively, statewide,
11segmental, and individual campus educational research information
12needs.

13(2) The commission, in implementing paragraph (1), shall
14comply with the federal Family Educational Rights and Privacy
15Act of 1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of
16personally identifiable information concerning students.

17(3) The commission may not make available any personally
18identifiable information received from a postsecondary educational
19institution concerning students for any regulatory purpose unless
20the institution has authorized the commission to provide that
21information on behalf of the institution.

22(4) The commission shall provide 30-day notification to the
23chairpersons of the appropriate legislative policy and budget
24committees of the Legislature, to the Director of Finance, and to
25the Governor before making any significant changes to the student
26information contained in the database.

27(e) It shall review all proposals for changes in eligibility pools
28for admission to public institutions and segments of postsecondary
29education, and shall make recommendations to the Legislature,
30the Governor, and institutions of postsecondary education. In
31carrying out this subdivision, the commission periodically shall
32conduct a study of the percentages of California public high school
33graduates estimated to be eligible for admission to the University
34of California and the California State University.

35(f) It shall, through its use of information and its analytic
36capacity, inform the identification and periodic revision of state
37goals and priorities for higher education in a manner that is
38consistent with the goals outlined in Section 66010.91 and the
39metrics outlined in Sections 89295 and 92675. It shall, biennially,
P23   1interpret and evaluate both statewide and institutional performance
2in relation to these goals and priorities.

3(g) It shall submit reports to the Legislature in compliance with
4Section 9795 of the Government Code.

5(h) It shall manage data systems and maintain programmatic,
6policy, and fiscal expertise to receive and aggregate information
7reported by the institutions of higher education in this state.

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

9

SEC. 25.  

Section 66903.1 of the Education Code is repealed.

10

SEC. 26.  

Section 66903.2 of the Education Code is repealed.

11

SEC. 27.  

Section 66903.2 is added to the Education Code, to
12read:

13

66903.2.  

On or before December 31 of each year, the
14commission shall report to the Legislature and the Governor
15regarding its progress in achieving the objectives and
16responsibilities set forth in subdivision (a) of Section 66903.

17

SEC. 28.  

Section 66903.3 of the Education Code is amended
18to read:

19

66903.3.  

The commission may delegate to the director any
20power, duty, purpose, function, or jurisdiction that the commission
21may lawfully delegate, including the authority to enter into and
22sign contracts on behalf of the commission. The director may
23redelegate any of those powers, duties, purposes, functions, or
24jurisdictions to his or her designee, unless by statute, or rule or
25regulation, the director is expressly required to act personally.

26

SEC. 29.  

Section 66905 of the Education Code is amended to
27read:

28

66905.  

It is the intent of the Legislature that the commission
29annually review and fix the salary of its director according to a
30methodology established by the commission. This methodology
31shall take into consideration the salary of directors of coordinating
32boards for higher education in states with postsecondary education
33systems comparable to California’s in size, complexity, and level
34of state expenditures. The comparison states shall include seven
35major industrial states, including Illinois, New Jersey, New York,
36Ohio, and Texas. The commission shall notify the Chairperson of
37the Joint Legislative Budget Committee of this annual salary
38amount. Notwithstanding Section 19825 of the Government Code,
39the salary shall become effective no sooner than 30 days after
40written notice of the salary is provided to the chairperson of the
P24   1committee, or no sooner than a lesser time as the chairperson, or
2his or her designee, may determine.

3

SEC. 30.  

Section 66941 is added to the Education Code, to
4read:

5

66941.  

(a) The Legislature finds and declares that access to a
6high quality education is the primary goal for the use of educational
7technology in higher education. All students in California’s public
8schools and colleges and all adults in the state shall have access
9to educational opportunities for which they are qualified, regardless
10of their income level, geographic location, or the size of the school
11they attend.

12(b) Pursuant to its statutory planning and coordination functions
13and responsibilities identified in Section 66903, the California
14Commission on Higher Education Performance and Accountability
15shall convene an intersegmental working group to determine state
16funding priorities consistent with the institutional missions of the
17systems of higher education.

18(c) The intersegmental working group shall observe all of the
19following principles to guide the development of priorities and the
20proposed expenditure of state revenues on technology infrastructure
21and applications:

22(1) Development of a statewide infrastructure that provides
23compatible connectivity between all levels of education to reduce
24redundancy and increase efficiency.

25(2) Adherence to nationally and internally accepted protocols
26and standards.

27(3) Assurance that the standards for course and program quality
28applied to distance education are rigorous in meeting accreditation
29standards, Universal Design standards, and standards currently
30applied to traditional classroom instruction at higher educational
31institutions in the areas of course content, student achievement
32levels, and coherence of the curriculum.

33(4) Collaboration between the private sector and educational
34institutions in the availability and use of technology in high-priority
35schools and underserved areas.

36(5) Collaboration across departments, institutions, states, and
37countries in the use of technology.

38(6) Use of technology to contain costs, improve student
39outcomes, and enhance quality in instructional and noninstructional
P25   1functions, such as student services, libraries, and administrative
2support.

3(d) The intersegmental working group shall be composed of
4representatives from public elementary and secondary education,
5the California State University, the California Community
6Colleges, the University of California, independent accredited
7universities and colleges, state-approved schools and colleges,
8private sector providers of distance education, the Office of the
9Secretary of Education, and the private sector.

10(e) The commission shall facilitate the development of statewide
11funding priorities for technology in higher education.

12

SEC. 31.  

Section 67002 of the Education Code is amended to
13read:

14

67002.  

The California Commission on Higher Education
15Performance and Accountability is designated as the state
16educational agency to carry out the purposes and provisions of the
17federal Education Amendments of 1972 (Public Law 92-318), the
18federal Education Amendments of 1976 (Public Law 94-482), and
19subsequent enactments amendatory or supplementary thereto, as
20follows:

21(a) The commission is designated as the state commission
22required to be established pursuant to Section 1202 of Title X of
23the federal Higher Education Act of 1965 (Public Law 89-329) as
24amended by the federal Education Amendments of 1972 (Public
25Law 92-318).

26(b) The commission is designated as the state administrative
27agency required to be established pursuant to Section 1055 of Title
28X of the federal Higher Education Act of 1965 (Public Law 89-329)
29as amended by the federal Education Amendments of 1972 (Public
30Law 92-318), unless that designation is determined by the federal
31government to be in conflict with federal law or regulations.

32(c) The commission is designated as the state administrative
33agency required to be established pursuant to Section 105 of Title
34I, Section 122 of Title III, Section 603 of Title VI, and Section
35704 of Title VII of the federal Higher Education Act of 1965
36(Public Law 89-329), as amended by the federal Education
37Amendments of 1972 (Public Law 92-318). The California
38 Commission on Higher Education Performance and Accountability
39is hereby vested with authority to prepare and submit to the United
40States Commissioner of Education any state plan required by that
P26   1act of Congress, to prepare and submit amendments to those state
2plans, and to administer those state plans or amendments thereto,
3in accordance with that act of Congress and any rules and
4regulations adopted under that act. Any such state plan or
5amendment thereto prepared by the California Commission on
6Higher Education Performance and Accountability shall be subject
7to the approval of the Department of Finance to the extent required
8by Section 13326 of the Government Code. The California
9Commission on Higher Education Performance and Accountability
10is hereby vested with all necessary power and authority to
11cooperate with the government of the United States, or any agency
12or agencies thereof in the administration of the act of Congress
13and the rules and regulations adopted under that act.

14

SEC. 32.  

Section 67003 of the Education Code is amended to
15read:

16

67003.  

The Trustees of the California State University on behalf
17of the California State University, the Regents of the University
18of California on behalf of the university, the Board of Governors
19of the California Community Colleges on behalf of the community
20colleges, and the Board of Governors of the California Maritime
21Academy on behalf of the California Maritime Academy, are vested
22with all power and authority to perform all acts necessary to receive
23the benefits and to expend the funds provided by the acts of
24Congress described in Section 67000 and with all necessary power
25and authority to cooperate with the government of the United
26States, or any agency or agencies thereof, and with the California
27 Commission on Higher Education Performance and Accountability
28for the purpose of receiving the benefits and expending the funds
29provided by the act of Congress, in accordance with the act, or any
30rules or regulations adopted thereunder, or any state plan or rules
31or regulations of the California Commission on Higher Education
32Performance and Accountability adopted in accordance with the
33act of Congress. Whenever necessary to secure the full benefits of
34the act of Congress for loans or grants for academic facilities, the
35trustees, regents, or boards of governors may give any required
36security and may comply with any conditions imposed by the
37federal government.

38

SEC. 33.  

Section 67312 of the Education Code is amended to
39read:

P27   1

67312.  

(a) The Board of Governors of the California
2Community Colleges and the Trustees of the California State
3University shall, for their respective systems, and the Regents of
4the University of California may, do the following:

5(1) Work with the California Commission on Higher Education
6Performance and Accountability and the Department of Finance
7to develop formulas or procedures for allocating funds authorized
8under this chapter.

9(2) Adopt rules and regulations necessary to the operation of
10programs funded pursuant to this chapter.

11(3) Maintain the present intersegmental efforts to work with the
12California Commission on Higher Education Performance and
13Accountability and other interested parties, to coordinate the
14planning and development of programs for students with
15disabilities, including, but not necessarily limited to, the
16establishment of common definitions for students with disabilities
17and uniform formats for reports required under this chapter.

18(4) Develop and implement, in consultation with students and
19staff, a system for evaluating state-funded programs and services
20for disabled students on each campus at least every five years. At
21a minimum, these systems shall provide for the gathering of
22outcome data, staff and student perceptions of program
23effectiveness, and data on the implementation of the program and
24physical accessibility requirements of the federal Rehabilitation
25Act of 1973 (Public Law 93-112) contained in Section 794 of Title
2629 of the United States Code.

27(b) Commencing in January 1990, and every two years
28thereafter, the Board of Governors of the California Community
29Colleges shall submit a report to the Governor, the education policy
30committees of the Legislature, and the California Commission on
31Higher Education Performance and Accountability describing its
32efforts to serve students with disabilities. These biennial reports
33shall also include a review on a campus-by-campus basis of the
34enrollment, retention, transition, and graduation rates of disabled
35students, including categorical funding of those programs.

36

SEC. 34.  

Section 67382 of the Education Code is amended to
37read:

38

67382.  

(a) (1)  On or before January 1, 2004, and every three
39years thereafter, the State Auditor shall report the results of an
40audit of a sample of not less than six institutions of postsecondary
P28   1education in California that receive federal student aid, to evaluate
2the accuracy of their statistics and the procedures used by the
3institutions to identify, gather, and track data for publishing,
4disseminating, and reporting accurate crime statistics in compliance
5with the requirements of the federal Jeanne Clery Disclosure of
6Campus Security Policy and Campus Crime Statistics Act (20
7U.S.C. Sec. 1092 (f)(1) and (5)).

8(2) The results of the audits described in paragraph (1) shall be
9submitted to the respective chairs of the Assembly Committee on
10Higher Education and the Senate Committee on Education.

11(b) The California Commission on Higher Education
12Performance and Accountability shall provide on its Internet Web
13site a link to the Internet Web site of each California institution of
14higher education that includes on that Internet Web site the
15institution’s criminal statistics information.

16(c) The Legislature finds and declares that institutions of higher
17education that are subject to the federal Jeanne Clery Disclosure
18of Campus Security Policy and Campus Crime Statistics Act (20
19U.S.C. Sec. 1092(f)(1) and (5)), should establish and publicize a
20policy that allows victims or witnesses to report crimes to the
21campus police department or to a specified campus security
22authority, on a voluntary, confidential, or anonymous basis.

23

SEC. 35.  

Section 68052 of the Education Code is amended to
24read:

25

68052.  

(a) It is the intent of the Legislature that California’s
26public institutions of higher education shall establish nonresident
27student tuition policies that are consistent with their resident student
28fee policies. Nonresident student tuition shall be determined by
29each of the public postsecondary segments through the adoption
30of a methodology that annually establishes the nonresident student
31tuition rate. It is further the intent of the Legislature that, while the
32public institutions are to be provided flexibility in establishing
33their nonresident tuition, under no circumstances shall the level
34of nonresident tuition plus required fees fall below the marginal
35cost of instruction for that segment.

36(b) The following state policies regarding nonresident student
37tuition are hereby established:

38(1) Unless otherwise prescribed by statute, an admission fee
39and rate of tuition fixed by each public postsecondary governing
40board shall be required of each nonresident student. Each public
P29   1postsecondary education governing body shall develop its own
2methodology for establishing the nonresident tuition level and its
3annual adjustment level of nonresident student tuition, unless
4otherwise prescribed by statute.

5(2) As California’s public postsecondary education segments
6annually adjust the level of nonresident tuition they charge
7out-of-state students, the nonresident tuition methodologies they
8develop and use should take into consideration, at minimum, the
9following two factors:

10(A) For the University of California and the California State
11 University, the total nonresident charges imposed by each of their
12public comparison institutions, as identified by the California
13Commission on Higher Education Performance and Accountability.

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

15(3) It is the intent of the Legislature that under no circumstances
16shall an institution’s level of nonresident tuition plus required
17student fees fall below the marginal cost of instruction for that
18segment.

19(4) The University of California, the California State University,
20the Hastings College of the Law, and the California Maritime
21Academy should endeavor to ensure that increases in the level of
22nonresident tuition are gradual, moderate, and predictable by
23providing nonresident students with a minimum of a 10-month
24notice of tuition increases.

25(c) This section does not apply to the California Community
26Colleges.

27(d) In the event that state revenues and expenditures are
28substantially imbalanced due to factors unforeseen by the Governor
29and the Legislature, including, but not limited to, initiative
30measures, natural disasters, or sudden deviations from expected
31economic trends, the nonresident student tuition at the University
32of California, the California State University, the Hastings College
33of the Law, and the California Maritime Academy, shall not be
34subject to this section.

35

SEC. 36.  

Section 69562 of the Education Code is amended to
36read:

37

69562.  

The Student Aid Commission shall establish a
3812-member project grant advisory committee to advise project
39directors and the commission on the development and operation
40of the projects, and consisting of the following:

P30   1(a) Three representatives of outreach programs, representing
2the University of California, the California State University, and
3the California Community Colleges, appointed by their respective
4governing boards.

5(b) One representative of private colleges and universities,
6appointed by the Association of California Independent Colleges
7and Universities.

8(c) One representative of the California Commission on Higher
9Education Performance and Accountability, appointed by the
10Student Aid Commission.

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

12(e) Two persons representing the general public, one appointed
13by the Speaker of the Assembly and the other by the Senate
14 Committee on Rules.

15(f) Two postsecondary students, both appointed annually by the
16California Commission on Higher Education Performance and
17Accountability.

18(g) One college campus financial aid officer, appointed by the
19Student Aid Commission.

20

SEC. 37.  

Section 69655 of the Education Code is amended to
21read:

22

69655.  

(a) Pursuant to Section 69648, the Chancellor of the
23California Community Colleges shall determine the elements of
24a statewide database for the Community College Extended
25Opportunity Programs and Services, which shall be used for
26periodic evaluation of the programs and services. The database
27shall include all information necessary to demonstrate the statewide
28progress towards achieving the program goals identified in Section
2969640, and program objectives adopted pursuant to Section 69648
30including, but not limited to, all of the following:

31(1) The annual number of extended opportunity programs and
32services (EOPS) students and non-EOPS students who complete
33degree or certificate programs, transfer programs, or other
34programs, as determined by state and local matriculation policies.

35(2) The annual number of EOPS and non-EOPS students who
36transfer to institutions that award the baccalaureate degree. In
37implementing this paragraph, the chancellor shall work in
38cooperation with the California Commission on Higher Education
39Performance and Accountability, the President of the University
40of California, the Chancellor of the California State University,
P31   1and the Association of Independent Colleges and Universities to
2establish methods for obtaining the necessary data.

3(3) (A) The annual number of EOPS and non-EOPS students
4completing occupational programs who find career employment.

5(B) In implementing this paragraph, the chancellor shall
6integrate the data collection with existing data collection
7requirements pertaining to vocational education.

8(b) Beginning in January 1987, the chancellor shall annually
9report to the Legislature regarding the number of students served
10by the Community College Extended Opportunity Programs and
11Services and the number of EOPS students who achieve their
12educational objectives.

13

SEC. 38.  

Section 69966 of the Education Code is amended to
14read:

15

69966.  

The Student Aid Commission shall administer the
16California State Work-Study Program in consultation with an
17advisory committee. The membership of the advisory committee,
18which may be an existing advisory committee established by the
19commission, shall be representative of, but need not be limited to,
20financial aid and student employment administrators from each
21segment of postsecondary education, students, public schools,
22employers, the California Commission on Higher Education
23Performance and Accountability, and experiential education
24personnel.

25

SEC. 39.  

Section 74292 of the Education Code is amended to
26read:

27

74292.  

Notwithstanding any other law, the following steps
28shall be taken to address the imminent risk that Compton
29Community College’s accreditation will be terminated by the
30regional accrediting body recognized by the Board of Governors
31of the California Community Colleges:

32(a) The Chancellor of the California Community Colleges is
33authorized to oversee all actions at the Compton Community
34College District related to the loss of the college’s accreditation
35and efforts described in this article to address that situation. The
36Compton Community College District shall reimburse the Board
37of Governors of the California Community Colleges for any
38expenses incurred by the chancellor or his or her staff in carrying
39out this oversight responsibility.

P32   1(b) The Compton Community College District shall complete
2the provision of instruction for all classes for which it intends to
3claim apportionment prior to the date of its loss of accreditation.

4(c) Notwithstanding any other law, the Compton Community
5College District shall continue to be eligible to receive state funding
6as provided in this article even if its accreditation is terminated.

7(d) (1) The Compton Community College District shall identify
8a partner district that will agree to provide accredited instructional
9programs to students residing in the Compton Community College
10District. The special trustee assigned to the Compton Community
11College District pursuant to Section 71093 and the partner district
12are authorized to enter into one or more agreements to provide
13instructional services or other services, and to make any other
14necessary preparations to implement the educational programs
15described in this article, as well as any related necessary
16administrative or support services, in a timely manner so as to
17ensure that services to Compton Community College students will
18not be interrupted and that those students will remain eligible for
19federal financial assistance. The agreement or agreements shall
20provide that the partner district is entitled to receive a reasonable
21administrative fee to be fixed by the mutual agreement of the
22parties.

23(2) The partner district shall be a district in good standing with
24the Accrediting Commission for Community and Junior Colleges
25(ACCJC), and shall have successfully completed the accreditation
26cycle and secured accreditation for its colleges. A district with a
27college that is on warning, probation, or show-cause status with
28the ACCJC, or that is being monitored for fiscal stability by the
29chancellor’s office is not considered a district in good standing for
30purposes of this article.

31(e) The partner district may offer any programs or courses for
32which it has secured applicable approvals. In addition, any
33programs and courses that were previously approved by the board
34of governors to be offered by the Compton Community College
35District may continue to be offered by the partner district in the
36territory of the Compton Community College District without
37additional state approval until June 30, 2011.

38(f) No later than 30 days after Compton Community College’s
39loss of accreditation, the board of governors shall approve the
40facilities of Compton Community College as an off-campus
P33   1educational center of the partner district. The center shall be known
2as the Compton Community Educational Center. The board of
3governors shall give notice of its approval to the county committee
4and county superintendent having jurisdiction over any territory
5affected by the action.

6(g) The board of governors may permanently or temporarily
7waive any of its regulatory requirements necessary to effectuate
8this article, including, but not necessarily limited to, its regulations
9regarding educational centers.

10(h) The partner district is eligible to provide instruction at the
11center without the recommendation of the California Commission
12on Higher Education Performance and Accountability under
13Section 66904 until the district secures the commission’s
14recommendation for the facility to operate as an off-campus
15educational center or until June 30, 2011, whichever occurs first.

16(i) The partner district shall comply with all federal requirements
17to ensure that students taking classes offered by the partner district
18at the Compton Community Educational Center remain eligible
19for federal financial assistance.

20(j) Students enrolled in the Compton Community College
21District as of January 31, 2006, shall be subject to the following
22conditions:

23(1) The partner district shall ensure that any student who, by
24the end of the Spring 2006 term, has completed at least 75 percent
25of the courses required for the degree or certificate he or she is
26pursuing will be able to complete that program. Every reasonable
27effort shall be made to allow other students who have begun work
28toward a certificate or degree, but who have not completed 75
29percent of the required coursework, to continue and complete their
30programs.

31(2) Students enrolling in classes provided by the partner district
32pursuant to this section shall be considered students of the partner
33district, shall receive credit from the partner district for classes
34they successfully complete, shall receive certificates or degrees
35they earn from the partner district, and shall receive financial aid
36through the partner district if they meet all applicable eligibility
37requirements.

38(3) The partner district shall maintain student records related to
39the attendance of students in classes it offers pursuant to this
40section in accordance with all applicable state and federal laws.

P34   1(4) The partner district shall consider each student who enrolls
2for classes no later than the Spring 2007 term to be a continuing
3student for purposes of enrollment priorities.

4(5) Any regulations of the board of governors relating to
5minimum residence at the college granting a degree shall not be
6applicable.

7(k) The board of governors shall adopt any regulations necessary
8to implement this article. These regulations may be adopted as
9emergency regulations that may remain in effect for up to one year
10from the date of adoption, and shall not be subject to paragraph
11(5) or (6) of subdivision (a) of Section 70901.5 or to Chapter 3.5
12(commencing with Section 11340) of Part 1 of Division 3 of Title
132 of the Government Code.

14(l) (1) The partner district shall provide the services described
15in this article for a minimum of five years from the date those
16services commence pursuant to subdivision (d), and shall thereafter
17provide the services for any additional period determined necessary
18by the board of governors. In addition, the board of governors may
19require, in its sole discretion, that the services described herein be
20modified or terminated at an earlier date based on the best interests
21of the California Community Colleges system and its students.

22(2) Notwithstanding paragraph (1), either the partner district or
23the special trustee appointed pursuant to Section 71093 may initiate
24termination of the agreements described in subdivision (d) by
25giving 180 days’ written notice to the other party and to the board
26of governors. No termination pursuant to this subdivision may take
27effect until the end of the semester following the notice provided
28under this paragraph, so as to protect students from a mid-term
29interruption of educational services. Should the partner district
30provide notice of a desire to terminate any agreements at a time
31when the trustee determines that services provided under those
32agreements are still necessary to serve the interests of Compton
33students and residents or at a time when the Compton Community
34College District is not fully accredited and bonds issued pursuant
35to Section 41329.52 are outstanding, the partner district shall
36continue the services until it can secure a district to provide
37uninterrupted comparable services to the satisfaction of the special
38trustee.

39(m) (1) The Compton Community College District shall
40continue to be responsible for ensuring that all of its permanent
P35   1records are retained and stored as required by state law and that
2all records related to its administration of programs under Title IV
3of the federal Higher Education Act are retained for a minimum
4of three years after the conclusion of its participation in those
5programs.

6(2) The Compton Community College District shall be
7responsible for institutional actions related to the loss of
8accreditation, including actions that are required under Section
9688.26 of Title 34 of the Code of Federal Regulations, related to
10the ending of the participation of the Compton Community College
11District in programs under Title IV of the federal Higher Education
12Act of 1965, refunding any students’ unearned tuition and fees,
13refunding to the federal government any unexpended federal
14student financial aid funds, returning to lenders any loan proceeds
15not distributed to students, or the collection of outstanding student
16debts to the Compton Community College District.

17(n) In addition to addressing the ongoing educational needs of
18the students of the Compton Community College District, the
19partner district and the special trustee appointed pursuant to Section
2071093 shall take steps aimed at achieving the goal of seeking
21renewed accreditation for Compton Community College at the
22earliest feasible date. Progress toward achieving this goal shall be
23periodically reported to the board of governors.

24(o) A person, firm, or organization shall not, without the
25permission of the Compton Community College District, use the
26name “Compton Community College,” or any name of which these
27words are a part, or any abbreviation thereof.

28

SEC. 40.  

Section 81004 of the Education Code is amended to
29read:

30

81004.  

(a) A community college may develop a public-private
31partnership for the purpose of constructing education buildings or
32education centers. The facilities may be constructed on a site
33donated through the public-private partnership agreement between
34the community college and the private sector. The construction of
35any education building or education center is subject to approval
36by the Board of Governors of the California Community Colleges
37if the education building or education center is eligible for state
38funding for construction, equipment, or ongoing maintenance.
39Community colleges shall not be eligible to receive state funds for
40off-campus centers unless recommended by the California
P36   1 Commission on Higher Education Performance and Accountability
2pursuant to Section 66904.

3(b) (1) If a community college requests state funding for an
4education building or education center constructed through a
5public-private partnership, funding for that facility shall not
6supersede community college facilities that have been previously
7prioritized by the board of governors and are awaiting state
8funding. These facilities shall be subject to the board of governors’
9annual prioritization process and shall not receive higher priority
10for state funding solely because the facilities are constructed
11through a public-private partnership.

12(2) Any state funding to reimburse a community college for
13construction of a facility pursuant to this subdivision shall not
14exceed that community college’s share of costs.

15(c) A community college may request state funding for
16instructional equipment for an education building or education
17center that is constructed through a public-private partnership or
18that is acquired without state funding. However, funding for that
19equipment shall be provided in the same manner as for other
20community college facilities, provided that the construction or
21acquisition of the facility otherwise would have qualified as a
22priority project for state funding.

23(d) On or before January 1, 1999, the board of governors shall
24adopt regulations to implement this section. However, prior to
25adopting these regulations, the Chancellor of the California
26Community Colleges shall consult with the Department of Finance
27and the Legislative Analyst.

28

SEC. 41.  

Section 81005 of the Education Code is amended to
29read:

30

81005.  

(a) State funds provided for the capital outlay financing
31needs of the California Community Colleges may be used to
32acquire an existing government-owned or privately-owned building
33and for the necessary costs of converting that building to
34community college use. A community college district that is
35eligible for state funding for capital outlay financing may purchase
36an existing government-owned or privately-owned building and
37convert it to community college use with state funds if all of the
38following criteria apply:

39(1) The building to be purchased was constructed as, and
40continues to qualify as, a school building pursuant to Article 7
P37   1(commencing with Section 81130), or the building is determined
2to have, or is rehabilitated to an extent that it is determined to have,
3a pupil safety performance standard that is equivalent to that of a
4building constructed pursuant to Article 7 (commencing with
5Section 81130). In making the determination of the pupil safety
6performance standard as required in this paragraph, all of the
7requirements of paragraphs (1) and (2) of subdivision (a) of Section
881149 shall be met.

9(2) The total cost of purchasing and converting the existing
10building to community college use is not greater than the estimated
11cost of constructing an equivalent building.

12(3) The land associated with a building to be purchased will be
13owned by, or controlled through a long-term lease by, the
14community college district. As used in this section, “long-term
15lease” means a lease with a term of at least 50 years.

16(4) The district has complied with facility site review procedures
17and guideline recommendations of the California Commission on
18Higher Education Performance and Accountability pursuant to
19Section 66904.

20(b) Funding for a building to be purchased under this section
21shall not supersede funding for community college facilities that
22have previously been prioritized by the board of governors and
23are awaiting state funding. Buildings purchased under this section
24shall be subject to the annual prioritization process of the board
25of governors, and shall not receive higher priority for state funding
26because they are existing buildings rather than buildings proposed
27to be constructed.

28(c) A community college district that purchases an existing
29building under this section may request state funding for
30instructional equipment. Funding for that instructional equipment
31shall be provided in accordance with Chapter 4.8 (commencing
32with Section 84670) of Part 50, provided that the chancellor
33determines that the purchase of this equipment qualifies as a
34priority for state funding.

35

SEC. 42.  

Section 87482.4 of the Education Code is repealed.

36

SEC. 43.  

Section 89002 of the Education Code is amended to
37read:

38

89002.  

The campuses authorized in paragraphs (19), (21), and
39(22) of subdivision (a) of Section 89001 shall commence
40construction only upon resolution of the trustees, approved by the
P38   1California Commission on Higher Education Performance and
2Accountability.

3

SEC. 44.  

Section 89011 of the Education Code is amended to
4read:

5

89011.  

(a) It is the intent of the Legislature that public
6programs of postsecondary education be made available to qualified
7persons throughout this state, including areas of substantial existing
8or projected population that are isolated from any campus of the
9California State University.

10(b) The Trustees of the California State University shall consider
11the establishment of a permanent, state-supported off-campus
12center on state-owned property in Contra Costa County, the purpose
13of which shall be to continue to offer education programs at the
14upper division and graduate levels.

15(c) Pursuant to the establishment of a permanent, state-supported
16off-campus center as provided by subdivision (b), the trustees shall
17contract for the preparation of a master plan for physical
18development, and a detailed survey of Contra Costa County, as
19follows:

20(1) The master plan for the physical development of the center
21shall project major land uses, including open space, and the
22development of physical facilities, including those relating to
23lecture and laboratory use, and other instructional activities, site
24work, plant operations, and adjunct operations. The master plan
25shall be subject to the approval of the Trustees of the California
26State University.

27(2) The detailed survey of Contra Costa County shall include,
28but not be limited to, official population projections, an industry
29and income profile, an analysis of specific education program
30requirements of potentially qualified students, an assessment of
31the need for educational services at the upper division and graduate
32levels, and an assessment of the services currently provided by
33other public and private institutions of postsecondary education,
34including the University of California and the California
35Community Colleges.

36(d) The trustees shall review the results of the master plan and
37survey and shall forward the results to the California Commission
38on Higher Education Performance and Accountability for its review
39pursuant to Section 66904.

P39   1

SEC. 45.  

Section 89070.35 of the Education Code is amended
2to read:

3

89070.35.  

(a) The intersegmental advisory committee shall
4consist of the following members:

5(1) Two members, one of whom shall be a mathematics faculty
6member, appointed by each of the following:

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

8(B) The President of the University of California, if he or she
9chooses to serve as a member.

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

11(D) The Superintendent.

12(2) One member appointed by each of the following:

13(A) The Chair of the Association of Independent California
14Colleges and Universities.

15(B) The Director of the California Commission on Higher
16Education Performance and Accountability.

17(C) The Chair of the California Academic Partnership Program
18Advisory Committee.

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

20(b) The intersegmental advisory committee may recommend
21that the trustees increase its size by the appointment of public,
22corporate, or other members.

23

SEC. 46.  

Section 89070.40 of the Education Code is amended
24to read:

25

89070.40.  

The Trustees of the California State University shall
26work with the University of California, the California Commission
27on Higher Education Performance and Accountability, and the
28advisory committee to develop a comprehensive program
29evaluation. This evaluation shall be conducted in 1993, and every
30three years thereafter to determine the success of the program.

31

SEC. 47.  

Section 89720 of the Education Code, as amended
32by Section 4 of Chapter 511 of the Statutes of 2014, is amended
33to read:

34

89720.  

(a) The trustees may accept on behalf of the state any
35gift, bequest, devise, or donation of real or personal property
36whenever the gift and the terms and conditions thereof will aid in
37carrying out the primary functions of the California State
38University as specified in subdivision (b) of Section 66010.4.
39Neither Section 11005 of the Government Code, nor any other law
40requiring approval by a state officer of gifts, bequests, devises, or
P40   1donations, shall apply to these gifts, bequests, devises, or donations.
2These gifts, bequests, devises, or donations, and the disposition
3thereof, shall be annually reported to the California Commission
4on Higher Education Performance and Accountability, the Joint
5Legislative Budget Committee, and the Department of Finance by
6January 31 of each year.

7(b) Notwithstanding Sections 11005.2 and 14664 of the
8Government Code or any other law to the contrary, the trustees
9may sell or exchange interests in real property received pursuant
10to this section when, in the judgment of the trustees, the sale or
11exchange is in the best interests of the California State University.
12No sale or exchange of an interest in real property made pursuant
13to this section shall exceed ten million dollars ($10,000,000) per
14transaction.

15(c) Notwithstanding Sections 11005 and 15853 of the
16Government Code or any other law to the contrary, the trustees
17may purchase interests in real property from moneys received
18pursuant to this section, including those moneys received from the
19sale or exchange of interests in real property pursuant to this
20section. Any such purchase shall be consistent with any restrictions
21placed upon the gift, bequest, devise, or donation and shall be in
22the best interests of the California State University, as determined
23by the trustees.

24(d) No interest in any real property that is part of a main campus
25of any of the institutions of the California State University listed
26in Section 89001 shall be sold or exchanged pursuant to this
27section.

28(e) Any sale or exchange of interests in real property carried
29out pursuant to this section shall be reported annually to the
30California Commission on Higher Education Performance and
31Accountability or a successor agency, the Joint Legislative Budget
32Committee, and the Department of Finance by January 31 of each
33year.

34

SEC. 48.  

Section 92605 of the Education Code is amended to
35read:

36

92605.  

(a) The regents are hereby requested to consider, as a
37component of the University of California’s current systemwide
38medical education program assessment, the expansion of the
39Charles R. Drew/UCLA Undergraduate Medical Education
40Program.

P41   1(b) The regents are further requested to submit, not later than
2June 30, 2003, a report summarizing their findings regarding the
3Charles R. Drew/UCLA Undergraduate Medical Education
4Program to the Governor, the Legislature, and the California
5Commission on Higher Education Performance and Accountability.

6

SEC. 49.  

Section 94155 of the Education Code is amended to
7read:

8

94155.  

On or before March 31 in each year, the authority shall
9make an annual report of its activities for the preceding calendar
10year to the Governor and the Legislature. Each report shall set
11forth a complete operating and financial statement covering the
12authority’s operations during the year. The authority shall cause
13an audit of its books and accounts to be made at least once in each
14year by certified public accountants. The authority shall also
15consult with the California Commission on Higher Education
16Performance and Accountability and the Student Aid Commission
17with respect to the need for additional financing of student loan
18projects.

19

SEC. 50.  

Section 99151 of the Education Code is amended to
20read:

21

99151.  

(a) “Admissions data assembly service” means any
22summary or report of grades, grade point averages, standardized
23test scores, or any combination of grades and test scores, of a test
24subject used by any test score recipient.

25(b) “Commission” means the California Commission on Higher
26Education Performance and Accountability.

27(c) “Score reporting service” means the reporting of a test
28subject’s standardized score to a test score recipient by a test
29agency.

30(d) “Secure test” means any test that contains items not available
31 to the public and that, to allow the further use of test items and to
32protect the validity and reliability of the test, is subject to special
33security procedures in its publication, distribution, and
34administration.

35(e) (1) “Standardized test” or “test” means any test administered
36in California at the expense of the test subject that is used for the
37purposes of admission to, or class placement in, postsecondary
38educational institutions or their programs, or any test used for
39preliminary preparation for those tests.

P42   1(2) “Standardized test” or “test” includes, but is not limited to,
2the Preliminary Scholastic Aptitude Test, the Scholastic Aptitude
3 Test, the College Board Achievement Tests and Advanced
4Placement Tests, the ACT Assessment, the Graduate Record
5Examination, the Medical College Admission Test, the Law School
6Admission Test, the Dental Admission Testing Program, the
7Graduate Management Admission Test, and the Miller Analogies
8Test.

9(3) A standardized test does not include a test, or part of a test,
10 that has been in use for less than five years, or that is administered
11to a selected group of individuals principally for research, pretest,
12equating, guidance, counseling, or for purposes of meeting
13graduation requirements of secondary schools and postsecondary
14educational institutions.

15(4) Tests that are administered as supplements or auxiliaries to
16another test, or that form a specialized component of a test, may
17be combined for purposes of this chapter.

18(f) “Testing year” means the 12 calendar months that the test
19agency considers either its operational cycle or its fiscal year.

20(g) “Test preparation course” means any curriculum, course of
21study, plan of instruction, or method of preparation given for a fee
22 that is specifically designed or constructed to prepare or improve
23a test subject’s score on a standardized test.

24(h) “Test program” means all of the administrations of a test of
25the same name during a testing year.

26(i) “Test score” or “score” means the value given to the test
27subject’s performance on a standardized test, administered by the
28test agency, whether reported in numerical, percentile, or any other
29form.

30(j) “Test score recipient” means any person, organization,
31association, corporation, postsecondary education institution, or
32governmental agency or subdivision to which the test subject
33requests or designates that a test agency report a test score.

34(k) “Test sponsor” or “test agency” means an individual,
35partnership, corporation, association, company, firm, institution,
36society, trust, or joint stock company that develops, sponsors, or
37administers standardized tests.

38(l) “Test subject” or “subject” means an individual who takes
39a standardized test.

P43   1

SEC. 51.  

Section 99181 of the Education Code is amended to
2read:

3

99181.  

The University of California, the California State
4University, and the California Community Colleges shall each
5prepare a list of reports required to be submitted on a regular basis
6to the Legislature and to state agencies. The purpose of each report
7shall be identified, as well as the costs associated with production
8of the report. This information shall be submitted to the education
9policy and fiscal committees of the Legislature, the Department
10of Finance, and the California Commission on Higher Education
11Performance and Accountability. The California Commission on
12Higher Education Performance and Accountability shall review
13and comment on the utility of the required reports identified by
14the educational institutions, and offer recommendations for
15consolidating or eliminating existing reporting requirements in
16order to reduce operating expenses and streamline reporting
17provisions.

18

SEC. 52.  

Section 99182 of the Education Code is amended to
19read:

20

99182.  

(a) On or before November 15 of each year, the
21California Commission on Higher Education Performance and
22Accountability shall submit a higher education report to the
23Legislature and the Governor that provides information to the
24citizens of the state on the significant indicators of performance
25of the public colleges and universities. This annual report shall be
26presented in a readable format. Prior to publication, the commission
27shall distribute a draft of the report to all public colleges and
28universities for comment.

29(b) The commission, in cooperation with the public colleges
30and universities, shall develop and adopt a format for the higher
31education report specified in subdivision (a) and the information
32to be included. The following types of information shall be
33considered for inclusion in the report with respect to public
34universities:

35(1) The retention rate of students.

36(2) The proportion of lower division instructional courses taught
37by tenured and tenure-track faculty.

38(3) The minimum number of hours per semester required to be
39spent by faculty in student advisement.

P44   1(4) The proportion of graduate and undergraduate students
2participating in sponsored research programs.

3(5) Placement data on graduates.

4(6) The proportional changes in the participation and graduation
5rates of students from groups historically underrepresented in
6higher education.

7(7) The proportion of graduate students who received
8undergraduate degrees (A) at the institution, (B) within the state,
9(C) within the United States, and (D) from other nations.

10(8) The number of full-time students who have transferred from
11 a California community college.

12(9) Demonstrable evidence of improvements in student
13knowledge, capacities, and skills between entrance and graduation,
14where this evidence exists.

15(10) Results of surveys of students regarding student attitudes
16and experiences, where these surveys exist.

17(c) The following types of information shall be considered for
18inclusion in the report with respect to public community colleges:

19(1) The retention rate of students.

20(2) The proportion of remedial or developmental education
21courses taught by full-time faculty.

22(3) The number of hours per student per semester spent by
23faculty in student advisement.

24(4) Placement data on graduates.

25(5) The proportional change in the participation and graduation
26rate of students from groups historically underrepresented in higher
27education.

28(6) The number of students who have transferred into a
29four-year, postsecondary educational institution, by ethnicity and
30gender.

31(7) Demonstrable evidence of improvements in student
32knowledge, capacities, and skills between entrance and graduation,
33where this evidence exists.

34(8) Results of surveys of students regarding student attitudes
35and experiences, where these surveys exist.

36

SEC. 53.  

Section 99202 of the Education Code is amended to
37read:

38

99202.  

(a) Within each subject matter project, a project
39advisory board shall be established to do all of the following:

40(1) Set guidelines for project sites.

P45   1(2) Review and recommend site proposals for funding.

2(3) Monitor project activities to ensure that they adequately
3reflect the priorities of the project and that projects comply with
4the requirements of this chapter.

5(4) Perform other duties as determined by the Concurrence
6Committee rules and regulations adopted pursuant to subdivision
7(b) of Section 99200.

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

9(1) One representative selected by the California Commission
10on Higher Education Performance and Accountability.

11(2) Two representatives selected by the President of the
12University of California, one of whom is a member of the faculty
13in the discipline addressed by the project.

14(3) Two representatives selected by the Chancellor of the
15California State University, one of whom is a member of the faculty
16in the discipline addressed by the project.

17(4) Three representatives selected by the Superintendent, one
18of whom is a classroom teacher in the subject areas addressed by
19the project.

20(5) Two representatives of the state board, one of whom is a
21classroom teacher in the subject areas addressed by the subject.

22(6) One representative selected by the Governor.

23(7) One representative selected by the Commission on Teacher
24Credentialing.

25(8) One representative of the statewide professional organization
26of teachers in the subject matter addressed by the project, to be
27selected by the president of that organization. If there is more than
28one statewide professional organization of teachers in that subject
29area, the members of the advisory board may choose which
30organization shall select the representative and may choose to
31include a representative of one or more of the other organizations
32as nonvoting members of the advisory board.

33(9) Two representatives of the California Community Colleges
34selected by the Chancellor of the California Community Colleges,
35one of whom is a faculty member in the subject matter area
36addressed by the project.

37(10) Two representatives of an independent postsecondary
38educational institution selected by the Association of Independent
39California Colleges and Universities, one of whom is a member
40of the faculty in the discipline addressed by the project.

P46   1

SEC. 54.  

Section 11126 of the Government Code is amended
2to read:

3

11126.  

(a) (1) This article does not prevent a state body from
4holding closed sessions during a regular or special meeting to
5consider the appointment, employment, evaluation of performance,
6or dismissal of a public employee or to hear complaints or charges
7brought against that employee by another person or employee
8unless the employee requests a public hearing.

9(2) As a condition to holding a closed session on the complaints
10or charges to consider disciplinary action or to consider dismissal,
11the employee shall be given written notice of his or her right to
12have a public hearing, rather than a closed session, and that notice
13shall be delivered to the employee personally or by mail at least
1424 hours before the time for holding a regular or special meeting.
15If notice is not given, any disciplinary or other action taken against
16any employee at the closed session shall be null and void.

17(3) The state body also may exclude from any public or closed
18session, during the examination of a witness, any or all other
19witnesses in the matter being investigated by the state body.

20(4) Following the public hearing or closed session, the body
21may deliberate on the decision to be reached in a closed session.

22(b) For purposes of this section, “employee” does not include
23any person who is elected to, or appointed to a public office by,
24any state body. However, officers of the California State University
25who receive compensation for their services, other than per diem
26and ordinary and necessary expenses, shall, when engaged in that
27capacity, be considered employees. Furthermore, for purposes of
28this section, the term employee includes a person exempt from
29civil service pursuant to subdivision (e) of Section 4 of Article VII
30of the California Constitution.

31(c) Nothing in this article shall be construed to do any of the
32following:

33(1) Prevent state bodies that administer the licensing of persons
34engaging in businesses or professions from holding closed sessions
35to prepare, approve, grade, or administer examinations.

36(2) Prevent an advisory body of a state body that administers
37the licensing of persons engaged in businesses or professions from
38conducting a closed session to discuss matters that the advisory
39body has found would constitute an unwarranted invasion of the
40privacy of an individual licensee or applicant if discussed in an
P47   1open meeting, provided the advisory body does not include a
2quorum of the members of the state body it advises. Those matters
3may include review of an applicant’s qualifications for licensure
4and an inquiry specifically related to the state body’s enforcement
5program concerning an individual licensee or applicant where the
6inquiry occurs prior to the filing of a civil, criminal, or
7administrative disciplinary action against the licensee or applicant
8by the state body.

9(3) Prohibit a state body from holding a closed session to
10deliberate on a decision to be reached in a proceeding required to
11be conducted pursuant to Chapter 5 (commencing with Section
1211500) or similar provisions of law.

13(4) Grant a right to enter any correctional institution or the
14grounds of a correctional institution where that right is not
15otherwise granted by law, nor shall anything in this article be
16construed to prevent a state body from holding a closed session
17when considering and acting upon the determination of a term,
18parole, or release of any individual or other disposition of an
19individual case, or if public disclosure of the subjects under
20discussion or consideration is expressly prohibited by statute.

21(5) Prevent any closed session to consider the conferring of
22honorary degrees, or gifts, donations, and bequests that the donor
23or proposed donor has requested in writing to be kept confidential.

24(6) Prevent the Alcoholic Beverage Control Appeals Board from
25holding a closed session for the purpose of holding a deliberative
26conference as provided in Section 11125.

27(7) (A) Prevent a state body from holding closed sessions with
28its negotiator prior to the purchase, sale, exchange, or lease of real
29property by or for the state body to give instructions to its
30negotiator regarding the price and terms of payment for the
31purchase, sale, exchange, or lease.

32(B) However, prior to the closed session, the state body shall
33hold an open and public session in which it identifies the real
34property or real properties that the negotiations may concern and
35the person or persons with whom its negotiator may negotiate.

36(C) For purposes of this paragraph, the negotiator may be a
37member of the state body.

38(D) For purposes of this paragraph, “lease” includes renewal or
39renegotiation of a lease.

P48   1(E) Nothing in this paragraph shall preclude a state body from
2holding a closed session for discussions regarding eminent domain
3proceedings pursuant to subdivision (e).

4(8) Prevent the California Commission on Higher Education
5Performance and Accountability from holding closed sessions to
6consider matters pertaining to the appointment or termination of
7the Director of the California Commission on Higher Education
8Performance and Accountability.

9(9) Prevent the Council for Private Postsecondary and
10Vocational Education from holding closed sessions to consider
11matters pertaining to the appointment or termination of the
12Executive Director of the Council for Private Postsecondary and
13Vocational Education.

14(10) Prevent the Franchise Tax Board from holding closed
15sessions for the purpose of discussion of confidential tax returns
16or information the public disclosure of which is prohibited by law,
17or from considering matters pertaining to the appointment or
18removal of the Executive Officer of the Franchise Tax Board.

19(11) Require the Franchise Tax Board to notice or disclose any
20confidential tax information considered in closed sessions, or
21documents executed in connection therewith, the public disclosure
22of which is prohibited pursuant to Article 2 (commencing with
23Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
24Revenue and Taxation Code.

25(12) Prevent the Corrections Standards Authority from holding
26closed sessions when considering reports of crime conditions under
27Section 6027 of the Penal Code.

28(13) Prevent the State Air Resources Board from holding closed
29sessions when considering the proprietary specifications and
30performance data of manufacturers.

31(14) Prevent the State Board of Education or the Superintendent
32of Public Instruction, or any committee advising the board or the
33Superintendent, from holding closed sessions on those portions of
34its review of assessment instruments pursuant to Chapter 5
35(commencing with Section 60600) of, or pursuant to Chapter 9
36(commencing with Section 60850) of, Part 33 of Division 4 of
37Title 2 of the Education Code during which actual test content is
38reviewed and discussed. The purpose of this provision is to
39maintain the confidentiality of the assessments under review.

P49   1(15) Prevent the California Integrated Waste Management Board
2or its auxiliary committees from holding closed sessions for the
3purpose of discussing confidential tax returns, discussing trade
4secrets or confidential or proprietary information in its possession,
5or discussing other data, the public disclosure of which is
6prohibited by law.

7(16) Prevent a state body that invests retirement, pension, or
8endowment funds from holding closed sessions when considering
9investment decisions. For purposes of consideration of shareholder
10voting on corporate stocks held by the state body, closed sessions
11for the purposes of voting may be held only with respect to election
12of corporate directors, election of independent auditors, and other
13financial issues that could have a material effect on the net income
14of the corporation. For the purpose of real property investment
15decisions that may be considered in a closed session pursuant to
16this paragraph, a state body shall also be exempt from the
17provisions of paragraph (7) relating to the identification of real
18properties prior to the closed session.

19(17) Prevent a state body, or boards, commissions,
20administrative officers, or other representatives that may properly
21be designated by law or by a state body, from holding closed
22sessions with its representatives in discharging its responsibilities
23under Chapter 10 (commencing with Section 3500), Chapter 10.3
24(commencing with Section 3512), Chapter 10.5 (commencing with
25Section 3525), or Chapter 10.7 (commencing with Section 3540)
26of Division 4 of Title 1 as the sessions relate to salaries, salary
27schedules, or compensation paid in the form of fringe benefits.
28For the purposes enumerated in the preceding sentence, a state
29body may also meet with a state conciliator who has intervened
30in the proceedings.

31(18) (A) Prevent a state body from holding closed sessions to
32consider matters posing a threat or potential threat of criminal or
33terrorist activity against the personnel, property, buildings,
34facilities, or equipment, including electronic data, owned, leased,
35or controlled by the state body, where disclosure of these
36considerations could compromise or impede the safety or security
37of the personnel, property, buildings, facilities, or equipment,
38including electronic data, owned, leased, or controlled by the state
39body.

P50   1(B) Notwithstanding any other law, a state body, at any regular
2or special meeting, may meet in a closed session pursuant to
3subparagraph (A) upon a two-thirds vote of the members present
4at the meeting.

5(C) After meeting in closed session pursuant to subparagraph
6(A), the state body shall reconvene in open session prior to
7adjournment and report that a closed session was held pursuant to
8subparagraph (A), the general nature of the matters considered,
9and whether any action was taken in closed session.

10(D) After meeting in closed session pursuant to subparagraph
11(A), the state body shall submit to the Legislative Analyst written
12notification stating that it held this closed session, the general
13reason or reasons for the closed session, the general nature of the
14matters considered, and whether any action was taken in closed
15session. The Legislative Analyst shall retain for no less than four
16years any written notification received from a state body pursuant
17to this subparagraph.

18(d) (1) Notwithstanding any other law, any meeting of the
19Public Utilities Commission at which the rates of entities under
20the commission’s jurisdiction are changed shall be open and public.

21(2) Nothing in this article shall be construed to prevent the
22Public Utilities Commission from holding closed sessions to
23deliberate on the institution of proceedings, or disciplinary actions
24against any person or entity under the jurisdiction of the
25commission.

26(e) (1) Nothing in this article shall be construed to prevent a
27state body, based on the advice of its legal counsel, from holding
28a closed session to confer with, or receive advice from, its legal
29counsel regarding pending litigation when discussion in open
30session concerning those matters would prejudice the position of
31the state body in the litigation.

32(2) For purposes of this article, all expressions of the
33lawyer-client privilege other than those provided in this subdivision
34are hereby abrogated. This subdivision is the exclusive expression
35of the lawyer-client privilege for purposes of conducting closed
36session meetings pursuant to this article. For purposes of this
37subdivision, litigation shall be considered pending when any of
38the following circumstances exist:

39(A) An adjudicatory proceeding before a court, an administrative
40body exercising its adjudicatory authority, a hearing officer, or an
P51   1arbitrator, to which the state body is a party, has been initiated
2formally.

3(B) (i) A point has been reached where, in the opinion of the
4state body on the advice of its legal counsel, based on existing
5facts and circumstances, there is a significant exposure to litigation
6against the state body.

7(ii) Based on existing facts and circumstances, the state body
8is meeting only to decide whether a closed session is authorized
9pursuant to clause (i).

10(C) (i) Based on existing facts and circumstances, the state
11body has decided to initiate or is deciding whether to initiate
12litigation.

13(ii) The legal counsel of the state body shall prepare and submit
14to the state body a memorandum stating the specific reasons and
15legal authority for the closed session. If the closed session is
16pursuant to paragraph (1), the memorandum shall include the title
17of the litigation. If the closed session is pursuant to subparagraph
18(A) or (B), the memorandum shall include the existing facts and
19circumstances on which it is based. The legal counsel shall submit
20the memorandum to the state body prior to the closed session, if
21feasible, and in any case no later than one week after the closed
22session. The memorandum shall be exempt from disclosure
23pursuant to Section 6254.25.

24(iii) For purposes of this subdivision, “litigation” includes any
25adjudicatory proceeding, including eminent domain, before a court,
26administrative body exercising its adjudicatory authority, hearing
27officer, or arbitrator.

28(iv) Disclosure of a memorandum required under this
29subdivision shall not be deemed as a waiver of the lawyer-client
30privilege, as provided for under Article 3 (commencing with
31Section 950) of Chapter 4 of Division 8 of the Evidence Code.

32(f) In addition to subdivisions (a), (b), and (c), nothing in this
33article shall be construed to do any of the following:

34(1) Prevent a state body operating under a joint powers
35agreement for insurance pooling from holding a closed session to
36discuss a claim for the payment of tort liability or public liability
37losses incurred by the state body or any member agency under the
38joint powers agreement.

39(2) Prevent the examining committee established by the State
40Board of Forestry and Fire Protection, pursuant to Section 763 of
P52   1the Public Resources Code, from conducting a closed session to
2consider disciplinary action against an individual professional
3forester prior to the filing of an accusation against the forester
4pursuant to Section 11503.

5(3) Prevent an advisory committee established by the California
6Board of Accountancy pursuant to Section 5020 of the Business
7and Professions Code from conducting a closed session to consider
8disciplinary action against an individual accountant prior to the
9filing of an accusation against the accountant pursuant to Section
1011503. Nothing in this article shall be construed to prevent an
11examining committee established by the California Board of
12Accountancy pursuant to Section 5023 of the Business and
13Professions Code from conducting a closed hearing to interview
14an individual applicant or accountant regarding the applicant’s
15qualifications.

16(4) Prevent a state body, as defined in subdivision (b) of Section
1711121, from conducting a closed session to consider any matter
18that properly could be considered in closed session by the state
19body whose authority it exercises.

20(5) Prevent a state body, as defined in subdivision (d) of Section
2111121, from conducting a closed session to consider any matter
22that properly could be considered in a closed session by the body
23defined as a state body pursuant to subdivision (a) or (b) of Section
2411121.

25(6) Prevent a state body, as defined in subdivision (c) of Section
2611121, from conducting a closed session to consider any matter
27that properly could be considered in a closed session by the state
28body it advises.

29(7) Prevent the State Board of Equalization from holding closed
30sessions for either of the following:

31(A) When considering matters pertaining to the appointment or
32removal of the Executive Secretary of the State Board of
33Equalization.

34(B) For the purpose of hearing confidential taxpayer appeals or
35data, the public disclosure of which is prohibited by law.

36(8) Require the State Board of Equalization to disclose any
37action taken in closed session or documents executed in connection
38with that action, the public disclosure of which is prohibited by
39law pursuant to Sections 15619 and 15641 of this code and Sections
40833, 7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651,
P53   145982, 46751, 50159, 55381, and 60609 of the Revenue and
2Taxation Code.

3(9) Prevent the California Earthquake Prediction Evaluation
4Council, or other body appointed to advise the Director of the
5Office of Emergency Services or the Governor concerning matters
6relating to volcanic or earthquake predictions, from holding closed
7sessions when considering the evaluation of possible predictions.

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

9(1) The Teachers’ Retirement Board or the Board of
10Administration of the Public Employees’ Retirement System from
11holding closed sessions when considering matters pertaining to
12the recruitment, appointment, employment, or removal of the chief
13executive officer or when considering matters pertaining to the
14recruitment or removal of the Chief Investment Officer of the State
15Teachers’ Retirement System or the Public Employees’ Retirement
16System.

17(2) The Commission on Teacher Credentialing from holding
18closed sessions when considering matters relating to the
19recruitment, appointment, or removal of its executive director.

20(h) This article does not prevent the Board of Administration
21of the Public Employees’ Retirement System from holding closed
22sessions when considering matters relating to the development of
23rates and competitive strategy for plans offered pursuant to Chapter
2415 (commencing with Section 21660) of Part 3 of Division 5.

25(i) This article does not prevent the Managed Risk Medical
26Insurance Board from holding closed sessions when considering
27matters related to the development of rates and contracting strategy
28for entities contracting or seeking to contract with the board
29pursuant to Part 6.2 (commencing with Section 12693), Part 6.3
30(commencing with Section 12695), Part 6.4 (commencing with
31Section 12699.50), or Part 6.5 (commencing with Section 12700)
32of Division 2 of the Insurance Code.

33(j) This article does not prevent the board of the State
34Compensation Insurance Fund from holding closed sessions in the
35following circumstances:

36(1) When considering matters related to claims pursuant to
37Chapter 1 (commencing with Section 3200) of Part 1 of Division
384 of the Labor Code, to the extent that confidential medical
39information or other individually identifiable information would
40be disclosed.

P54   1(2) To the extent that matters related to audits and investigations
2that have not been completed would be disclosed.

3(3) To the extent that an internal audit containing proprietary
4information would be disclosed.

5(4) To the extent that the session would address the development
6of rates, contracting strategy, underwriting, or competitive strategy,
7pursuant to the powers granted to the board in Chapter 4
8(commencing with Section 11770) of Part 3 of Division 2 of the
9Insurance Code, when discussion in open session concerning those
10matters would prejudice the position of the State Compensation
11Insurance Fund.

12(k) The State Compensation Insurance Fund shall comply with
13the procedures specified in Section 11125.4 with respect to any
14closed session or meeting authorized by subdivision (j), and in
15addition shall provide an opportunity for a member of the public
16to be heard on the issue of the appropriateness of closing the
17meeting or session.

18

SEC. 55.  

Section 127785 of the Health and Safety Code is
19repealed.

20

SEC. 56.  

Section 128030 of the Health and Safety Code is
21amended to read:

22

128030.  

The office, in cooperation with the California
23Commission on Higher Education Performance and Accountability,
24shall administer the program established pursuant to this article
25and shall for this purpose, adopt regulations as it determines are
26reasonably necessary to carry out this article.

27

SEC. 57.  

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

29

24357.8.  

(a) In the case of a qualified research contribution,
30the amount otherwise allowed as a deduction under Section 24357,
31shall be reduced by that amount of the reduction provided by
32Section 24357.1 that is no greater than the sum of the following:

33(1) One-half of the amount computed pursuant to Section
3424357.1 (computed without regard to this paragraph).

35(2) The amount, if any, by which the charitable contribution
36deduction under this section for any qualified research contribution
37(computed by taking into account the amount determined by
38paragraph (1), but without regard to this paragraph) exceeds twice
39the basis of the property.

P55   1(b) For purposes of this section, “qualified research contribution”
2means a charitable contribution by a taxpayer of tangible personal
3property described in paragraph (1) of Section 1221 of the Internal
4Revenue Code, but only if all of the following conditions are met:

5(1) The contribution is to an educational organization that is
6described in subsection (b)(1)(A)(ii) of Section 170 of the Internal
7Revenue Code and that is an institution of higher education, as
8defined in Section 3304(f) of the Internal Revenue Code of 1954,
9in California.

10(2) The contribution is made not later than two years after the
11date the construction of the property is substantially completed.

12(3) The original use of the property is by the donee.

13(4) The property is scientific equipment or apparatus
14substantially all of the use of which by the donee is for research
15or experimentation, within the meaning of Section 24365, or for
16research training, in physical, applied, or biological sciences, or
17for instructional purposes.

18(5) The property is not transferred by the donee in exchange for
19money, other property, or services.

20(6) The taxpayer receives from the donee a written statement
21representing that its use and disposition of the property will be in
22accordance with this section, and with respect to property
23substantially all of the use of which is for instructional purposes,
24the taxpayer receives from the donee a written statement
25representing that the property will be used as an integral part of
26the instructional program. In the case of a computer, the statement
27shall also represent that the donee has acquired or will acquire,
28necessary basic operational software and the means to provide
29trained staff to utilize the property.

30(7) The contribution is made on or after July 1, 1983, and on or
31before December 31, 1993.

32(8) The taxpayer shall report to the Franchise Tax Board, on
33forms prescribed by the board, the name and address of the
34recipient educational organization, a description of the qualified
35charitable contribution, the fair market value of the contribution,
36and the date the contribution was made. The taxpayer shall forward
37a copy of the forms, along with the written statements prescribed
38in paragraph (6), to the following:

P56   1(A) The President of the University of California, in the case
2of contributions to institutions within the University of California
3system.

4(B) The California Commission on Higher Education
5Performance and Accountability, in the case of contributions to
6private institutions.

7(C) The Chancellor of the California State University, in the
8case of contributions to institutions within the California State
9University system.

10(D) The Chancellor of the California Community Colleges, in
11the case of contributions to institutions within the California
12Community College system.

13(c) For purposes of this section, the term “taxpayer” shall not
14include a service organization, as defined in Section 414(m)(3) of
15the Internal Revenue Code.

16

SEC. 58.  

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

18

10529.  

(a) The services provided by the existing labor market
19information system within the department shall include workforce
20and economic information that does all of the following:

21(1) Provides data and information to the state Workforce
22Investment Board created pursuant to Section 2821 of Title 29 of
23the United States Code, to enable the board to plan, operate, and
24evaluate investments in the state’s workforce preparation system
25that will make the California economy more productive and
26competitive.

27(2) Provides data and information for continuous strategic
28planning and the development of policies for the growth and
29competitiveness of the California economy.

30(3) Identifies and combines information from various state
31databases to produce useful, geographically based analysis and
32products, to the extent possible using existing resources.

33(4) Provides technical assistance related to accessing workforce
34and economic information to local governments, public-sector
35entities, research institutes, nonprofit organizations, and community
36groups that have various levels of expertise, to the extent possible
37using existing resources.

38(b) The department shall coordinate with the State Department
39of Education, the Chancellor of the California Community
40Colleges, the State Department of Social Services, the California
P57   1 Commission on Higher Education Performance and Accountability,
2the Department of Finance, and the Franchise Tax Board in
3developing economic and workforce information. The department
4shall also solicit input in the operation of the program from public
5and private agencies and individuals that make use of the labor
6market information provided by the department.

7

SEC. 59.  

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

9

4341.5.  

In order to ensure that there will be an adequate number
10of qualified psychiatrists and psychologists with forensic skills,
11the State Department of State Hospitals shall, to the extent
12resources are available, plan with the University of California,
13private universities, and the California Commission on Higher
14Education Performance and Accountability for the development
15of programs for the training of psychiatrists and psychologists with
16forensic skills, and recommend appropriate incentive measures,
17such as state scholarships.

18

SEC. 60.  

Section 4421 of the Welfare and Institutions Code is
19amended to read:

20

4421.  

In order to ensure that there will be an adequate number
21of qualified psychiatrists and psychologists with forensic skills,
22the State Department of Developmental Services shall plan with
23the University of California, private universities, and the California
24Commission on Higher Education Performance and Accountability
25for the development of programs for the training of psychiatrists
26and psychologists with forensic skills.

end delete


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