California Legislature—2013–14 Regular Session

Assembly Bill No. 1942

Introduced by Assembly Member Bonta

February 19, 2014

An act to amend Section 70901 of, and to add Section 72208 to, the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 1942, as introduced, Bonta. Community colleges: accreditation.

Existing law requires the Board of Governors of the California Community Colleges, to among other things, to establish minimum conditions entitling a community college district to receive state aid for the support of the community colleges.

This bill would require the board of governors to adopt minimum conditions that meet specified requirements and would require the board of governors, when establishing these minimum conditions, to seek and consider input from community college districts and related institutions, students, and academic and nonacademic employees. The bill would provide that the accreditation status of a community college is not dispositive of the determination regarding the compliance of a community college district with the minimum conditions.

Existing law establishes the California Community Colleges under the Board of Governors of the California Community Colleges. Under its existing regulatory authority, the Board of Governors of the California Community Colleges requires each community college to be accredited and has designated the Accrediting Commission for Community and Junior Colleges as the accrediting agency.

This bill would authorize the governing board of a community college district to designate a federally recognized accrediting agency for community colleges within its jurisdiction. The bill would require the accrediting agency of a community college to base its accreditation decision on compliance with the minimum conditions specified above. The bill would require the selected accrediting agency to comply various requirements, including, among other things, the Bagley-Keene Open Meeting Act and California Public Records Act.

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

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

SECTION 1.  

Section 70901 of the Education Code is amended
to read:

70901.  

(a) The Board of Governors of the California
Community Colleges shall provide leadership and direction in the
continuing development of the California Community Colleges as
an integral and effective element in the structure of public higher
education in the state. The work of the board of governors shall at
all times be directed to maintaining and continuing, to the
maximum degree permissible, local authority and control in the
administration of the California Community Colleges.

(b) Subject to, and in furtherance of, subdivision (a), and in
consultation with community college districts and other interested
parties as specified in subdivision (e), the board of governors shall
provide general supervision over community college districts, and
shall, in furtherance of those purposes, perform the following
functions:

(1) Establish minimum standards as required by law, including,
but not limited to, the following:

(A) Minimum standards to govern student academic standards
relating to graduation requirements and probation, dismissal, and
readmission policies.

(B) Minimum standards for the employment of academic and
administrative staff in community colleges.

(C) Minimum standards for the formation of community colleges
and districts.

(D) Minimum standards for credit and noncredit classes.

(E) Minimum standards governing procedures established by
governing boards of community college districts to ensure faculty,
staff, and students the right to participate effectively in district and
college governance, and the opportunity to express their opinions
at the campus level and to ensure that these opinions are given
every reasonable consideration, and the right of academic senates
to assume primary responsibility for making recommendations in
the areas of curriculum and academic standards.

(2) Evaluate and issue annual reports on the fiscal and
educational effectiveness of community college districts according
to outcome measures cooperatively developed with those districts,
and provide assistance when districts encounter severe management
difficulties.

(3) Conduct necessary systemwide research on community
colleges and provide appropriate information services, including,
but not limited to, definitions for the purpose of uniform reporting,
collection, compilation, and analysis of data for effective planning
and coordination, and dissemination of information.

(4) Provide representation, advocacy, and accountability for the
California Community Colleges before state and national legislative
and executive agencies.

(5) Administer state support programs, both operational and
capital outlay, and those federally supported programs for which
the board of governors has responsibility pursuant to state or federal
law. In so doing, the board of governors shall do the following:

(A) (i) Annually prepare and adopt a proposed budget for the
California Community Colleges. The proposed budget shall, at a
minimum, identify the total revenue needs for serving educational
needs within the mission, the amount to be expended for the state
general apportionment, the amounts requested for various
categorical programs established by law, the amounts requested
for new programs and budget improvements, and the amount
requested for systemwide administration.

(ii) The proposed budget for the California Community Colleges
shall be submitted to the Department of Finance in accordance
with established timelines for development of the annual Budget
Bill.

(B) To the extent authorized by law, establish the method for
determining and allocating the state general apportionment.

(C) Establish space and utilization standards for facility planning
in order to determine eligibility for state funds for construction
purposes.

(6)  begin insert (A) end insert begin insert   end insert Establish minimum conditions entitling districts to
receive state aid for support of community colleges. In so doing,
the board of governors shall establish and carry out a periodic
review of each community college district to determine whether
it has met the minimum conditions prescribed by the board of
governors.

begin insert

(B) The minimum conditions established pursuant to this
paragraph shall meet all of the following requirements:

end insert begin insert

(i) Be relevant and material to standards required pursuant to
federal law.

end insert begin insert

(ii) Be relevant and material to establishing the quality of
education of a community college.

end insert begin insert

(iii) Be widely accepted as determined by their acceptance by
educators and comparable agencies.

end insert begin insert

(iv) Be consistent with state law and policies.

end insert begin insert

(v) Be validated by a neutral analysis as measuring the quality
of education of a community college.

end insert begin insert

(C) In establishing the minimum conditions described in this
paragraph, the Board of Governors shall comply with the
requirements of the Administrative Procedures Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code) and shall seek and consider input from
the community college districts and other related institutions,
students, and academic and nonacademic employees.

end insert begin insert

(D) In determining whether a community college district meets
the minimum conditions established pursuant to this paragraph,
the accreditation status of a community college within that district
is not dispositive of the determination. The board of governors
may give due consideration to the accreditation status of
community colleges within that district by a federally recognized
accrediting agency as evidence that the district is in compliance
with the minimum conditions, unless the board of governors finds
good cause to not rely on the accreditation status. Good cause
includes, but is not limited to, any of the following:

end insert begin insert

(i) An accrediting agency’s failure to comply with its written
policies or procedures in the course of its evaluation of the
community college.

end insert begin insert

(ii) A determination by the United States Department of
Education that the accrediting agency has failed to comply with
the Criteria for Recognition of Accrediting Agencies of the United
States Secretary of Education.

end insert begin insert

(iii) An accrediting agency’s failure to comply with federal or
state laws or regulations in the course of its evaluation of the
community college.

end insert begin insert

(iv) A conflict of interest, or the appearance of conflict of
interest, on the part of the accrediting agency in the course of its
evaluation of the community college.

end insert begin insert

(E) Before determining that a community college district has
failed to meet the minimum conditions established pursuant to this
paragraph, the board of governors shall evaluate evidence and
undertake independent investigation to determine whether a
community college district is in compliance with the minimum
conditions.

end insert begin insert

(F) Before finalizing its determination of a community college
district’s compliance with the minimum conditions established
pursuant to this paragraph, the Board of Governors shall do both
of the following:

end insert begin insert

(i) Provide, in writing, to the chancellor of the community
college district and the public its conclusion and the basis of its
conclusion.

end insert begin insert

(ii) Provide a reasonable opportunity for the community college
district to respond and for the public to provide comments.

end insert

(7) Coordinate and encourage interdistrict, regional, and
statewide development of community college programs, facilities,
and services.

(8) Facilitate articulation with other segments of higher
education with secondary education.

(9) Review and approve comprehensive plans for each
community college district. The plans shall be submitted to the
board of governors by the governing board of each community
college district.

(10) Review and approve all educational programs offered by
community college districts, and all courses that are not offered
as part of an educational program approved by the board of
governors.

(11) Exercise general supervision over the formation of new
community college districts and the reorganization of existing
community college districts, including the approval or disapproval
of plans therefor.

(12) Notwithstanding any other provision of law, be solely
responsible for establishing, maintaining, revising, and updating,
as necessary, the uniform budgeting and accounting structures and
procedures for the California Community Colleges.

(13) Establish policies regarding interdistrict attendance of
students.

(14) Advise and assist governing boards of community college
districts on the implementation and interpretation of state and
federal laws affecting community colleges.

(15) Contract for the procurement of goods and services, as
necessary.

(16) Carry out other functions as expressly provided by law.

(c) Subject to, and in furtherance of, subdivision (a), the board
of governors shall have full authority to adopt rules and regulations
necessary and proper to execute the functions specified in this
section as well as other functions that the board of governors is
expressly authorized by statute to regulate.

(d) Wherever in this section or any other statute a power is
vested in the board of governors, the board of governors, by a
majority vote, may adopt a rule delegating that power to the
chancellor, or any officer, employee, or committee of the California
Community Colleges, or community college district, as the board
of governors may designate. However, the board of governors
shall not delegate any power that is expressly made nondelegable
by statute. Any rule delegating authority shall prescribe the limits
of delegation.

(e) In performing the functions specified in this section, the
board of governors shall establish and carry out a process for
consultation with institutional representatives of community college
districts so as to ensure their participation in the development and
review of policy proposals. The consultation process shall also
afford community college organizations, as well as interested
individuals and parties, an opportunity to review and comment on
proposed policy before it is adopted by the board of governors.

(f) This section shall become operative on January 1, 2014.

SEC. 2.  

Section 72208 is added to the Education Code, to read:

72208.  

(a) Notwithstanding any other law or regulations and
to the extent authorized by federal law, the governing board of a
community college district may designate a federally recognized
accrediting agency to accredit community colleges under its
jurisdiction.

(b) The accrediting agency for the community colleges
designated by Section 51016 of Title 5 of the California Code of
Regulations shall remain the accrediting agency for a community
college district until the governing board of the community college
district exercises its discretion pursuant to subdivision (a).

(c) The accrediting agency for the community colleges
designated pursuant to subdivision (a) or (b) shall base its
accrediting decision solely on compliance with the minimum
conditions established pursuant to paragraph (6) of subdivision
(b) of Section 70901.

(d) The accrediting agency designated pursuant to subdivision
(a) shall comply with all of the following requirements:

(1) Meetings containing subject matters related to the
accreditation of a community college shall be held in compliance
with the Bagley-Keene Open Meeting Act (Article 9 (commencing
with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title
2 of the Government Code).

(2) Documents related to the accreditation of a community
college are subject to public disclosure pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250)
of Division 7 of Title 1 of the Government Code).

(3) The accrediting agency shall provide to a community college
copies of evaluations and recommendations for the accreditation
decision sufficiently in advance of a meeting regarding the
accreditation of that institution to permit adequate preparation for
the meeting.

(4) The accrediting agency shall provide a community college
and the public with a reasonable opportunity to present evidence
and argument in regard to the accreditation decision.

(5) To impose a sanction that includes the revocation,
suspension, limitation, or conditioning of an accreditation of a
community college, the accrediting agency shall comply with all
of the following requirements:

(A) Initiate the proceeding for the imposition of the sanction
on a community college by filing a written accusation with the
Office of Administrative Law setting forth, in ordinary and concise
language, the standards or rules alleged to have been violated and
the acts or omissions that constitute the violation.

(B) Provide to the community college and the governing board
of the accrediting agency reasonable notice of documents
considered by the staff of the accrediting agency.

(C) (i) Conduct a public hearing before a neutral hearing officer
from the Office of Administrative Law.

(ii) The hearing officer shall issue to the governing body of the
accrediting agency its findings of fact and recommendations
regarding the imposition of sanction.

(iii) The Office of Administrative Law may charge the
accrediting agency a reasonable fee to reimburse its costs in
conducting the hearing.

(D) Provide written notification to that community college
within a reasonable time in advance of the hearing before the
governing board of the accrediting agency prior to imposing the
sanction against that community college. The notification may be
given with the notice of hearing required pursuant to the
Bagley-Keene Open Meeting Act.

(E) Afford the members of the public a reasonable opportunity
to present to the governing board their views, orally and in writing,
before the imposition of the sanction.

(6) The governing board of the accrediting agency shall support
its decision to impose a sanction by adequate findings of fact and
conclusions.

(7) The accrediting agency, in its instructional documentation,
shall clearly describe the minimum conditions established pursuant
to paragraph (6) of subdivision (b) of Section 70901, including a
clear description of both the substance of the conditions and the
standards that are required to be demonstrated in a community
college’s performance to show that the conditions have been met,
and shall adopt an effective procedure to ensure that the conditions
established pursuant to paragraph (6) of subdivision (b) of Section
70901 are applied consistently and are applied consistent with due
process requirements.

(8) (A) To the extent authorized by federal law, the accrediting
agency shall impose sanctions for a violation of the minimum
conditions adopted pursuant to paragraph (6) of subdivision (b) of
Section 70901 in a progressive manner from less severe to more
severe.

(B) In assessing the sanctions, the accrediting agency shall
consider all of the following:

(i) The length of time the community college has not been in
substantial compliance with the minimum conditions after
notification by the accrediting agency.

(ii) The seriousness of the deficiencies with respect to their
impact on the quality of education.

(iii) Any other relevant consideration.

(9) Before imposing a sanction pursuant to paragraph (8), the
accrediting agency shall provide a community college with an
adequate time period for the institution to come into compliance
with the standards of the accrediting agency.

(10) In evaluating a community college, the accrediting agency
shall employ an evaluation team that meets both of the following
requirements:

(A) Members shall consist of the following:

(i) Teachers at a community college or related institutions, who
shall compose 50 percent of the team.

(ii) Counselor and other nonsupervisory, nonmanagerial
academic employees of a community college or related institutions.

(iii) Classified employees of a community college or related
institutions.

(iv) Administrative employees of a community college or related
institutions.

(B) The team shall be independent of the accrediting agency
and the community college being evaluated, and no member of
the team shall be either of the following:

(i) A member of the governing body of, or an employee of, the
accrediting agency during the prior six years.

(ii) A near relative of a person described in clause (i). For the
purposes of this clause, “near relative” means a spouse, including
a registered domestic partner, child, parent, sibling, person in an
in-law relationship, and step relatives in those relationships.

(11) The accrediting agency shall have defined conflict of
interest rules and procedures that are implemented by a neutral
and objective body that is independent of the accrediting agency.

(12) The accrediting agency shall disclose annually the salaries
and benefits of employees who are involved in the accreditation
of a community college, any membership charges imposed on a
community college, incomes derived from a community college,
and expenditures for activities related to a community college.

(13) (A)   Members of the governing body of the accrediting
agency shall be nominated by a fair procedure and shall not be
nominated by the officers or employees of the accrediting agency.

(B) Members of the governing body of the accrediting agency
shall serve no more than two consecutive terms of three years each.

(14) (A) Except as provided in subparagraph (B), the accrediting
agency shall preserve all documents generated during the
accreditation-related review of a community college for a period
of not less than 10 years.

(B) All reports, evaluations, recommendations, and decisions
regarding a community college shall be preserved indefinitely.

(d) Provisions of this section requiring due process procedures
and compliance with the Bagley-Keene Opening Meeting Act by
an accrediting agency is declarative of existing law and apply to
all accreditation meetings and proceedings that are currently
pending before the accrediting agency and all those that are subject
to pending judicial review.

(e) This section does not affect the accreditation status of a
community college on January 1, 2015.

(f) This section does not apply to the accrediting agency’s
activities that are related to private educational institutions in the
state or educational institutions outside of the state.

(g) This section does not affect the authority of the United States
Department of Education regarding educational institutions.

(h) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.