Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1942

Introduced by Assembly Member Bonta

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(Principal coauthor: Assembly Member Ammiano)

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February 19, 2014

An act to amend begin delete Section end delete begin insert Sections end insert 70901 begin insert and 71000 end insert of, and to add Section 72208 to, the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law begin insert establishes the California Community Colleges under the Board of Governors of the California Community Colleges, which consists of 16 voting members and one nonvoting member, as specified. Existing law end insert requires the Board of Governors of the California Community Colleges begin delete , to among other things, end delete to establish minimum conditions entitling a community college district to receive state aid for the support of the community colleges.

This bill would begin insert expand the board of governors to 22 voting members with the addition of 3 members appointed by the Senate Committee on Rules and 3 members appointed by the Speaker of the Assembly. The bill would end insert 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.

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Existing law establishes the California Community Colleges under the Board of Governors of the California Community Colleges. Under

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begin insert Under end insert 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 begin insert with end insert 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) (A) Establish minimum conditions entitling districts to
receive state aid for support of community begin delete colleges. end delete begin insert colleges as
well as standards that are required to be met to show that these
conditions have been met. end insert 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.

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

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

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

(iii) Be widely accepted begin delete as determined by their acceptance end delete by
educators begin insert , educational institutions, licensing bodies, practitioners, end insert
and begin delete comparable agencies. end delete begin insert employers in the professional or
vocational fields for which the community college prepare their
students. end insert

(iv) Be consistent with state law and policies.

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

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(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 begin delete districts and other related institutions, end delete
begin insert districts, end insert students, and academic and nonacademic employees.

(D) In determining whether a community college district meets
the minimum conditions established pursuant to this begin delete paragraph, end delete
begin insert section, end insert 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:

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

(ii)  begin delete A end delete begin insert Any finding or end insert 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.

(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.

(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.

(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.

(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:

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

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

(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.

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

end delete

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begin insert SEC. 2. end insert   

end insert

begin insert Section 71000 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

71000.  

There is in the state government a Board of Governors
of the California Community Colleges, consisting of begin delete 16 end delete begin insert 22 end insert voting
members and one nonvoting member, as follows:

(a) Twelve members, each appointed by the Governor with the
advice and consent of two-thirds of the membership of the Senate
to six-year staggered terms. Two of these members shall be current
or former elected members of local community college district
governing boards.

(b) (1) (A) One voting student member, and one nonvoting
student member, who exercise their duties in accordance with the
procedure set forth in paragraph (3).

(B) A student member shall be enrolled in a community college
with a minimum of five semester units, or its equivalent, at the
time of the appointment and throughout the period of his or her
term, or until a replacement has been named. A student member
shall be enrolled in a community college at least one semester
before his or her appointment, and shall meet and maintain the
minimum standards of scholarship prescribed for community
college students.

(C) Each student member shall be appointed by the Governor
from a list of names of at least three eligible persons submitted to
the Governor by the student organization recognized by the board
of governors.

(2) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year, and expire on
June 30 two years thereafter. The term of office of the other student
member of the board shall commence on July 1 of an
odd-numbered year, and expire on June 30 two years thereafter.
Notwithstanding paragraph (1), a student member who graduates
from his or her college on or after January 1 of the second year of
his or her term of office may serve the remainder of the term.

(3) During the first year of a student member’s term, a student
member shall be a member of the board and may attend all
meetings of the board and its committees. At these meetings, a
student member may fully participate in discussion and debate,
but shall not vote. During the second year of a student member’s
term, a student member may exercise the same right to attend
meetings of the board, and its committees, and shall have the same
right to vote as the members appointed pursuant to subdivisions
(a) and (c).

(4) Notwithstanding paragraph (3), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member’s term, the remaining student
member shall immediately assume the office created by the vacancy
and all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.

(c) Two voting tenured faculty members from a community
college, who shall be appointed by the Governor for two-year
terms. The Governor shall appoint each faculty member from a
list of names of at least three eligible persons furnished by the
Academic Senate of the California Community Colleges. Each
seat designated as a tenured faculty member seat shall be filled by
a tenured faculty member from a community college pursuant to
this section and Section 71003.

(d) One voting classified employee, who shall be appointed by
the Governor for a two-year term. The Governor shall appoint the
classified employee member from a list of at least three eligible
persons furnished by the exclusive representatives of classified
employees of the California Community Colleges.

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(e) Three members appointed by the Senate Committee on Rules
to six-year staggered terms, except that the members first appointed
to the board of governors pursuant to this subdivision shall classify
themselves by lot so that one member’s term of office expires two
years after the initial appointment and one member’s term of office
expires four years after the initial appointment.

end insert begin insert

(f) Three members appointed by the Speaker of the Assembly
to six-year staggered terms, except that the members first appointed
to the board of governors pursuant to this subdivision shall classify
themselves by lot so that the one member’s term of office expires
two years of the initial appointment and one member’s term of
office expires four years of the initial appointment.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 begin insert as end insert
designated by Section 51016 of Title 5 of the California Code of
Regulations begin insert as of December 31, 2014, end insert 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 begin delete (a). end delete begin insert (a) to select a different accrediting agency. end insert

(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 begin insert and the standards end insert 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:

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(1) The accrediting agency shall make available to a community
college the minimum conditions established pursuant to paragraph
(6) of subdivision (b) of Section 70901, as well as a clear
description of both the substance of the conditions and the
standards that are required to be demonstrated 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.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Meetings begin delete containing end delete begin insert at which end insert subject matters related to the
accreditation of a community college begin insert are addressed end insert 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).

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(2)

end delete

begin insert (3) end insert  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).

begin insert

(4) (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.

end insert begin insert

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

end insert begin insert

(5) 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.

end insert begin insert

(6) (A)   Members of the governing body of the accrediting agency
shall not be nominated by the officers or employees of the
accrediting agency.

end insert begin insert

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

end insert begin insert

(7) The accrediting agency shall have defined conflict of interest
rules and procedures.

end insert begin insert

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

end insert begin insert

(A) The evaluation team shall be comprised as follows:

end insert begin insert

(i) Fifty percent of the evaluation team shall be academic
teaching personnel at a community college.

end insert begin insert

(ii) The remaining 50 percent shall include counselors and other
nonsupervisory, nonmanagerial academic employees, classified
employees, and administrative employees of a community college.

end insert begin insert

(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:

end insert begin insert

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

end insert begin insert

(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.

end insert begin insert

(9) In assessing whether to impose any sanctions, the accrediting
agency shall consider both of the following:

end insert begin insert

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

end insert begin insert

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

end insert begin delete

(3)

end delete

begin insert (10) end insert  The accrediting agency shall provide to a community
college copies of begin insert all documents, including, but not limited to, end insert
evaluations and recommendations begin delete for the accreditation decision
sufficiently end delete begin insert considered by the accrediting agency with respect to
the accreditation of the community college, at least 14 days end insert in
advance of begin delete a end delete begin insert any end insert meeting regarding the accreditation of that
begin delete institution to permit adequate preparation for the meeting. end delete
begin insert institution. end insert

begin delete

(4)

end delete

begin insert (11) end insert  The accrediting agency shall provide a community college
and the public with a reasonable opportunity to present begin insert written
and oral end insert evidence and argument in regard to begin delete the end delete begin insert any end insert accreditation
begin delete decision. end delete begin insert decision regarding the community college. end insert

begin insert

(12) The accrediting agency shall support its decision to impose
any sanction with findings and conclusions.

end insert begin delete

(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.

end delete begin insert

(13) (A) If the accrediting agency intends to impose a sanction
more severe than that recommended by the evaluation team, or
finds a deficiency not noted in the evaluation team report, the
hearing on the imposition of sanction shall be adjourned to afford
the community college and the public sufficient time to respond
orally and in writing to the accrediting agency before it reaches
a final decision. The accrediting agency shall provide to the
community college and the public a notice that succinctly
summarizes the facts in support of, and rationale for, the decision
to impose the more severe sanction.

end insert begin insert

(B) The accrediting agency shall resume consideration of a
sanction at a subsequent hearing, at which time the community
college and the public may submit oral and written evidence and
argument relevant to the matter. This subsequent hearing shall
occur no latter than the next regularly scheduled meeting of the
accrediting agency. If the accrediting agency determines to hold
a special hearing on the matter, it shall be held in the county of
the community college, upon notice of no less than 14 days.

end insert begin insert

(C) At the conclusion of the subsequent hearing, the accrediting
agency shall make a determination on the imposition of sanction
as it deems proper.

end insert begin delete

(9)

end delete

begin insert (14) end insert  Before imposing begin delete a end delete begin insert any end insert sanction begin delete pursuant to paragraph (8), end delete
begin insert that would revoke or suspend a community college’s accreditation, end insert
the accrediting agency shall provide a community college with an
adequate time period for the institution to come into compliance
with the begin insert minimum conditions and the end insert standards begin delete of the accrediting
agency. end delete begin insert established pursuant to paragraph (6) of subdivision (b)
of Section 70901. end insert

begin delete

(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.

end delete begin insert

(15) The accrediting agency shall participate in an appellate
proceeding regarding its decision to impose a sanction as set forth
in this paragraph.

end insert begin insert

(A) Within 30 days of receipt of a notice of decision from the
accrediting agency, a community college subject to a sanction may
file with the accrediting agency and the Office of the Chancellor
of the California Community Colleges a notice of appeal
challenging the decision.

end insert begin insert

(B) (i) Within 30 days of the filing of the notice of appeal, the
community college shall file with the accrediting agency and the
Chancellor of the California Community Colleges a statement of
grounds for the appeal succinctly setting forth the substance of
each ground for appeal. Except as provided by law, the grounds
for appeal shall be any of the following:

end insert begin insert

(I) Errors or omissions were committed by the accrediting
agency or the evaluation team that prejudicially affected the
accrediting agency’s action or the community college’s right to a
fair evaluation.

end insert begin insert

(II) There was a conflict of interest or bias on the part of one
or more members of the evaluation team or the accrediting agency.

end insert begin insert

(III) Evidence considered by the accrediting agency was
materially in error.

end insert begin insert

(IV) The decision of the accrediting agency is not supported by
substantial evidence.

end insert begin insert

(V) The decision of the accrediting agency is arbitrary,
capricious, and unreasonable.

end insert begin insert

(VI) The decision of the accrediting agency is inconsistent with
the policies, standards, established practices or requirements to
which the accrediting agency is subject, or is inconsistent with
other decisions of the accrediting agency.

end insert begin insert

(ii) The community college may amend its statement of grounds
for appeal at anytime that is not less than 15 days prior to the
commencement of a hearing held pursuant to this paragraph.

end insert begin insert

(iii) The community college may amend its statement of grounds
for appeal during the hearing for good cause shown.

end insert begin insert

(C) (i) The appeal shall be heard by an arbitrator or hearing
officer if the community college and the accrediting agency, within
30 days of the filing of the notice of appeal, mutually agreed to
the arbitrator or hearing officer.

end insert begin insert

(ii) (I) If the community college and the accrediting agency fail
to agree upon an arbitrator or hearing officer, an appeals
committee consisting of three community college administrators,
three community college teachers, and one member of the public
shall hear the appeal. The expenses incurred by the committee
shall be paid by the community college district in which the
appellant community college is located.

end insert begin insert

(II) Members of the appeals committee shall be chosen by lot
by the Chancellor of the California Community Colleges from an
appeal panel established pursuant to subdivision (e). The
committee shall select one of its members as the presiding officer.

end insert begin insert

(D) Upon the request of the community college or the
accrediting agency, the parties shall exchange lists of witnesses
expected to testify and copies of all documents expected to be
introduced at the hearing.

end insert begin insert

(E) Except as provided in subparagraph (F), the hearing shall
commence within 60 days of the appointment of the appeal
committee, arbitrator, or hearing officer.

end insert begin insert

(F) The hearing may be continued upon agreement of the
community college and the accrediting agency, or by the presiding
officer of the appeal committee, arbitrator, or hearing officer upon
a showing of good cause.

end insert begin insert

(G) For the appellate process, the community college and the
accrediting agency shall have all of the following rights:

end insert begin insert

(i) To be provided with all information made available to the
appeal committee, arbitrator, or hearing officer.

end insert begin insert

(ii) To have a record made of the proceedings.

end insert begin insert

(iii) To call, examine, and cross-examine witnesses.

end insert begin insert

(iv) To present and rebut evidence determined to be relevant
by the presiding officer of the appeals committee, arbitrator, or
hearing officer.

end insert begin insert

(v) To submit a written statement at the close of the hearing.

end insert begin insert

(H) The burden of presenting evidence and proof in the appeal
shall be as follows:

end insert begin insert

(i) The accrediting agency shall have the initial duty to present
evidence that supports the recommended action.

end insert begin insert

(ii) The accrediting agency shall bear the burden of persuading
the trier of fact by clear and convincing evidence that the
recommendation is reasonable and warranted.

end insert begin insert

(I) The appeals committee, arbitrator, or hearing officer may
adopt reasonable rules and procedures for conducting the hearing.

end insert begin insert

(J) The community college may submit new or additional
evidence that was unavailable at the time of evaluation by the
accrediting agency and that is material to the matters under
consideration on appeal.

end insert begin insert

(K) At the conclusion of the presentation of evidence by the
community college and the accrediting agency, members of the
public shall be afforded a reasonable opportunity to present
relevant evidence and to submit written statements.

end insert begin insert

(L) Within 45 calendar days of the completion of the hearing,
the appeals committee, arbitrator, or hearing officer shall issue
a written decision, including the findings and conclusions
articulating the connection between the evidence presented at the
hearing and the decision reached. An aggrieved party may seek
judicial review of the decision as provided by law.

end insert begin insert

(M) The community college shall be deemed accredited during
the pendency of the appeal pursuant to this paragraph and for not
less than two semesters or three quarters following the issuance
of the decision by the appeals committee, arbitrator, or hearing
officer.

end insert begin insert

(N) Except for the deliberations of the appeals committee, all
hearings before the appeals committee, arbitrator, or hearing
officer shall be open to the public.

end insert begin insert

(16) The accrediting agency shall comply with the due process
requirements of the United States Constitution and the California
Constitution.

end insert begin insert

(e) Upon a failure of the community college and the accrediting
agency to agree upon an arbitrator or a hearing officer for the
purposes of paragraph (15) of subdivision (d), the Chancellor of
the California Community Colleges shall appoint an appeal panel
consisting of at least five community college administrators, five
community college teachers, and five members of the public. Each
administrator and teacher appointed to the panel shall have at
least five years of experience working as an administrator or
teacher in California community colleges within 10 years of the
appointment and shall be employed full-time by a community
college at the time of the hearing.

end insert begin delete

(d)

end delete

begin insert (f) end insert  Provisions of this section requiring due process procedures
and compliance with the Bagley-Keene Opening Meeting Act by
an accrediting agency begin delete is end delete begin insert are end insert 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.

begin delete

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

end delete begin delete

(f)

end delete

begin insert (g) end insert  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.

begin delete

(g)

end delete

begin insert (h) end insert  This section does not affect the authority of the United States
Department of Education regarding educational institutions.

begin delete

(h)

end delete

begin insert (i) end insert  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.