BILL ANALYSIS                                                                                                                                                                                                    �






                           SENATE COMMITTEE ON EDUCATION
                                 Carol Liu, Chair
                             2013-2014 Regular Session
                                         

          BILL NO:       AB 1557
          AUTHOR:        Holden
          AMENDED:       March 24, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 11, 2014
          URGENCY:       No             CONSULTANT:Daniel Alvarez

           SUBJECT  :  Board of Governors of the California Community  
          Colleges: veteran 
                    voting members.
          
           SUMMARY  

          This bill requires two voting members of the California  
          Community Colleges Board of Governors (CCC BOG) be current or  
          former members of the United States Armed Forces by (1)  
          requiring one of the 12 public BOG members appointed by the  
          Governor be a current or former member of the Armed Forces of  
          the United States, and (2) adding another voting student  
          member who is a current or former member of the Armed Forces  
          of the United States. 

          In addition, the bill expands the number of non-voting members  
          of the CCC BOG from one to two, and requires this additional  
          member be a current or former member of the Armed Forces of  
          the United States.

          BACKGROUND  

          Current law establishes the membership of the CCC BOG to  
          consist of  a total of 17 members, appointed by the Governor,  
          of which 16 are voting members and one non-voting member  
          (Education Code � 71000).

             1)   Twelve (12) public members appointed by the Governor  
               with the advice and consent of two-thirds of the  
               membership of the Senate.  These members serve for  
               six-year (staggered) terms.  Two of the 12 members shall  
               be current or former elected members of local CCC  
               district governing boards.

             2)   One (1) voting student member and one non-voting  






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               student member, as specified, to be appointed from a list  
               of names of at least three persons submitted to the  
               Governor by the California Student Association of  
               Community Colleges.

             3)   Two (2) tenured faculty members, for two-year terms,  
               appointed from a list of names of at least three persons  
               furnished by the Academic Senate of the CCCs.

             4)   One (1) classified employee, for a two-year term,  
               appointed from a list of at least three persons furnished  
               by the exclusive representatives of classified employees  
               of the CCCs.

          Current law also specifies that the qualifications of Board of  
          Governor members be selected from outstanding lay citizens of  
          California who have a strong interest in the further  
          development and improvement of the public community colleges.  
          (EC � 71002)

          Specifies that except for student members, the faculty  
          members, and the classified employee member appointed by the  
          Governor, any vacancy in an appointed position on the board  
          shall be filled by appointment by the Governor, subject to  
          confirmation by two-thirds of the membership of the Senate;  
          and, that a vacancy in the office of a student member, a  
          faculty member, or the classified employee member shall be  
          filled by appointment by the Governor 
          (EC � 71003).

           ANALYSIS

           This bill requires two voting members of the California  
          Community Colleges Board of Governors (CCC BOG) be former  
          members of the United States Armed Forces by (a) requiring one  
          of the 12 board members appointed by the Governor be a current  
          or former member of the Armed Forces of the United States, and  
          (b) adding another voting student member who is a current or  
          former member of the Armed Forces of the United States. 

          In addition, the bill expands the number of non-voting members  
          of the CCC BOG from one to two, and requires this additional  
          member be a current or former member of the Armed Forces of  
          the United States.  More specifically, this bill:







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          1)   Expands the number of voting members of the CCC BOG from  
               16 to 17.

          2)   Requires at least one of the 12 BOG members appointed by  
               the Governor and subject to confirmation by the Senate be  
               a current or former member of the Armed Forces of the  
               United States with demonstrated expertise and leadership  
               in veterans' affairs.  The bill requires the next  
               non-student vacancy to be filled with a member or former  
               member of the Armed Forces of the United States, as  
               specified.  

          3)   Adds a voting and non-voting student member each of who  
               are current or former members of the Armed Forces to the  
               CCC BOG.

           STAFF COMMENTS  

           1)   Need for the bill.   According to the author, these voting  
               veterans would advocate for the unique educational and  
               emotional / social needs of veterans seeking higher  
               education in the California Community Colleges.  There  
               are approximately 44,300 students who identified as  
               veterans in the California Community Colleges for the  
               2011-12 fiscal year.  According to the California  
               Department of Veteran Affairs, the number will likely  
               increase, since California is expected to absorb  
               approximately 40,000 veterans each year for the next  
               several years due to drawdown of troops. Veterans on the  
               board will provide first-hand insight as the Board  
               develops veteran-specific educational policies. 

           2)   According the California Community College Chancellor's  
               Office  , the CCCs are providing more services to a growing  
               population of student veterans; the CCCCO recognizes the  
               need for continued support of student veterans and as  
               such has been the lead on several statewide projects,  
               including, but not limited to:

                  a)        Veterans Resource Center Project:  At Veterans  
                    Resource Centers (VRCs) student veterans can interact  
                    with one another and obtain information and services.  
                    The CCCCO partnered with the High Tech Center Training  







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                    Unit at De Anza College (in Cupertino, CA) to offer  
                    free hardware, software and onsite training in  
                    assistive technology to colleges that promb)ote  
                    academics, camaraderie, and wellness, provide a  
                    dedicated space for student veterans, and offer  
                    coordinated services such as financial aid and  
                    counseling to veterans.  As a result, 24 additional  
                    colleges have established a VRC on their campus. 

                  c)        Zellerbach Family Foundation Project:   
                    "Welcome Home: Creating a Campus Community of Wellness  
                    for Returning Veterans."  In March 2010, the CCCCO  
                    received a $75,000 grant from the Zellerbach Family  
                    Foundation to support the development and  
                    implementation of a training program for faculty and  
                    staff to increase awareness on military culture,  
                    posttraumatic stress disorder, traumatic brain injury,  
                    and depression in order that faculty and staff can  
                    better understand the challenges faced by many  
                    community college studed)nt veterans.  The training  
                    has been provided at 13 colleges and six statewide  
                    conferences since its inception and is scheduled to be  
                    delivered at an additional eight colleges in 2014.

                  e)        Veterans Summit:  In December 2013, the CCCCO  
                    co-hosted the third Veterans Summit held in Newport  
                    Beach, CA.  Topics at the summit included:  VA  
                    Benefits and education plans, creating VRCs, women  
                    veterans, academic counseling, best practices in  
                    serving student veterans, mental health issues  
                    confronting veterans, and accessing federal, state and  
                    local resources.  For the first time in the three year  
                    history of this event, veteran service professionals  
                    from the UC and CSU systems participated.  

                  f)        Regional Representation Structure:  The CCCCO  
                    has organized a Veteran Services Regional Advisory  
                    Committee (Committee) and hosts regular meetings of  
                    this group to better identify student veteran needs  
                    across the system and encourage the exchange of  
                    innovative ideas and effective practices for serving  
                    them.  The Committee met twice in 2012, three times in  
                    2013 and is scheduled to meet four times in 2014.  In  
                    addition to meeting in person quarterly, the Committee  







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                    now holds recurring monthly conference calls.

           1)   Veterans and related issues seem to be well represented  
               on the Board of Governors (BOG) of the California  
               Community Colleges  .  The BOG sets policy and provides  
               guidance for the 72 districts and 112 colleges which  
               constitute the system. The 17-member board is appointed  
               by the governor and formally interacts with state and  
               federal officials and other state organizations. The  
               Board of Governors selects a chancellor for the system.  
               The chancellor, through a formal process of consultation,  
               brings recommendations to the board, which has the  
               legislatively granted authority to develop and implement  
               policy for the colleges.

               Additionally, each of the 72 community college districts  
               in the state has a locally-elected Board of Trustees,  
               responsive to local community needs and charged with the  
               operations of the local colleges. The governance system  
               of the California Community Colleges is one which uses  
               processes of shared governance.

               According to information on the CCC Chancellor's Office  
               website, as of 2014, there are approximately four sitting  
               members of the BOG with a background or arguably a  
               perspective that is based on either direct military  
               experience or a depth of understanding issues related to  
               veterans.  Multiple members of the BOG have extensive  
               experience either by way of direct military service or  
               relative to issues of veterans.  For example, the current  
               Board President is a veteran of the US Armed Forces; the  
               current Vice-President was personnel to the Army, Navy,  
               and Air Force Times, publications geared toward current  
               and former members of the Armed Forces which likely  
               provided a unique base of understanding veteran related  
               issues.  In addition, there is a board member who is a  
               president of the advisory board for the U.S. Army's  
               Sacramento Recruiting Battalion and serves on the  
               executive committee of the advisory board for the U.S.  
               Army's Los Angeles Recruiting Battalion.  Finally,  
               another BOG member has served in multiple positions in  
               the U.S. Air Force and Air National Guard from 1981 to  
               2012, including colonel and staff sergeant and is  
               actively engaged in assisting the veteran population,  







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               assisting with resume writing and resolving gaps in  
               service such as access to education. 

           2)   Current selection process seems to be working  .  As  
               addressed above a good portion of the BOG members have  
               experiences related to veteran issues.  Arguing for a  
               specific BOG members based on a specific demographic  
               grouping, as this measure does, infers that there is a  
               deficiency in the current appointment and approval  
               process that then translates into harmful or negligent  
               policies, practices, or approaches related to veteran  
               issues or a blatant discriminatory approach that  
               precludes active and meaningful engagement of veteran  
               students and accompanying issues.   

               First, is there a deficiency in the current appointment  
               and approval process?  Current law, broadly states the  
               general qualifications for members of the BOG is that  
               they are outstanding lay citizens of California who have  
               a strong interest in the further development and  
               improvement of the public community colleges, leaving it  
               to the discretion of the Governor to select, and the  
               State Senate to confirm such individuals.   As specified  
               above, and within the construct of the current  
               qualifications of appointees, there are many current and  
               former BOG members that have either direct or strongly  
               related military experience. Have veteran advocacy groups  
               requested or submitted for, gubernatorial appointment  
               consideration, individuals meeting the primary criteria  
               of military experience?  In addition, have these same  
               advocacy groups provided clear and compelling testimony  
               in Senate Rules Committee that indicates Governor  
               appointees to the BOG lack necessary sensitivity or  
               experience in dealing with veteran issues in a community  
               college setting?  Based on information available to the  
               committee, there does not seem to be an issue with the  
               current process.

               Second, is there a history of harmful or negligent  
               policies, practices, or approaches that preclude  
               meaningful engagement of issues impacting veterans? As  
               identified above, there a number of activities currently  
               under way at a statewide level that recognizes the need  
               for continued support of student veterans and as such the  







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               BOG (via the Chancellor's Office) has been the lead on  
               several statewide projects. Can more be done?  More can  
               always be done; however, this is the case for a multitude  
               of specific demographic populations that need enhanced  
               instruction or support services. At statewide level,  
               discretionary funding resources are limited and this must  
               be taken into account.  At a policy level, the BOG has  
               clearly shown interest and support of programs and  
               services for veterans. The BOG continues to lead by  
               example, but they do not control the local funding  
               mechanism to mandate specific approaches, local governing  
               boards have great latitude and discretion on targeting  
               funding for programs and services.

           3)   Requiring additional voting and nonvoting student slots.    
               Under current law, one voting student member and one  
               non-voting student member, as specified, are appointed  
               from a list of names of at least three persons submitted  
               to the Governor by the California Student Association of  
               Community Colleges.  This measure requires additional  
               voting and nonvoting student members of the BOG, however,  
               these individuals must be current or former members of  
               the Armed Forces. As with the 12 at-large gubernatorial  
               appointees, it is not clear that there is a problem or  
               issue with either the internal selection process or  
               overall representation of students within the BOG.   
               Veterans by virtue of their experience with government  
               may provide meaningful insight to educational and support  
               service needs of veteran students; however, is this  
               enough to warrant requiring an additional voting and  
               nonvoting student representative?  The author's office  
               has argued that an additional student BOG member - as  
               required in this bill, whose only selection criteria  
               would be their military status - would be representative  
               of all students and that students would broadly benefit  
               from this representation.  However, would not the  
               converse also be true, a non-veteran student could  
               appropriately and adequately represent not only veterans  
               but the larger student body?

           4)   Slippery slope of appointees advocating on behalf of a  
               specific demographic category of students  . The general  
               concept is that the BOG represents broad constituencies -  
               the colleges, faculty, staff, instructional and support  







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               programs, local governing boards, and the public - the  
               CCC system as a whole.  At present, about 44,000 veterans  
               are currently enrolled in the CCC; this represents only  
               about two percent of total CCC enrollment.  Would the  
               designation and addition of veterans to the BOG encourage  
               other CCC student interest groups to likewise seek  
               specific BOG representation, for example disabled  
               students and balanced gender representation?  Moreover,  
               is it necessary, or desirable, given the broad range of  
               issues for the board's consideration, to have individual  
               board members with a particular focus or interest? 

           5)   An alternative approach.   The author believes having an  
               active or former veteran member on the BOG is necessary  
               for consistency and continuity of the unique perspectives  
               that a veteran will bring to policies and direction  
               provided to local community college governing boards.   
               However, as pointed out in the above analysis there is  
               little evidence that veterans as a subset of the  
               community college student body have not been given due  
               consideration within the constraints of fiscal resources  
               or priorities of the CCC system or local community  
               college districts.  Nonetheless, a broader issue has been  
               raised by this measure, the concept of diverse  
               representation on the BOG; with this in mind, if it is  
               the desire of the committee to move this measure, staff  
               recommends amendments that would replace the current  
               contents of the measure and amend the current  
               "qualifications" of BOG members under Education Code  
               Section 71002.  At present, this section of law specifies  
               that individuals be selected from outstanding lay  
               citizens of California who have a strong interest in the  
               further development and improvement of the public  
               community colleges. This section of law, with the  
               assistance of Legislative Counsel in drafting,  should be  
               expanded to include consideration of appointments to the  
               BOG that, to the greatest extent possible, attempt to  
               balance the wide range of demographic groups that may be  
               underrepresented within the current BOG, as well as  
               ensure appointments embrace the basic role and  
               responsibility of a member of the Board of Governors to  
               bring his or her own best thinking and personal views to  
               the Board's discussion, determining his or her own  
               positions on the issues rather than being bound to  







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               represent or advocate the positions of a particular  
               organization or constituency.
           
          SUPPORT  

          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officer
          Veterans of Foreign Wars, Department of California
          Veterans Caucus of the California Democratic Party

           OPPOSITION

           Community College League of California
          Faculty Association of the California Community Colleges