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 18, 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  







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          Forces of the United States.  More specifically, this bill:

          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  







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                    and services. The CCCCO partnered with the High Tech  
                    Center Training 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  







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                    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 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  







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               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, 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  







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               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 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  







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               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 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. 







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                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, attempts to provide for a  
               diverse BOG that is representative of as many of the  
               unique demographic groups of persons found in  
               California, including but not limited to: disabled  
               persons, veterans, racial and gender.  In addition,  
               include language clarifying that all 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 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