Amended in Assembly May 6, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1942

Introduced by Assembly Member Bonta

(Principal coauthor: Assembly Member Ammiano)

February 19, 2014

An act to amend begin delete Sections end delete begin insert Section end insert 70901 begin delete and 71000 end delete 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 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 requires the Board of Governors of the California Community Colleges to establish minimum conditions entitling a community college district to receive state aid for the support of the community colleges.

This bill would begin delete 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 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. end delete begin insert require the board of Governors, in determining whether a community college district satisfies those minimum conditions, to review the accreditation status of the community colleges within that district. This bill would require the board to establish a task force to review the appropriateness of allowing a community college district to receive state aid, on a limited basis, for a community college within the district that is unaccredited and seeking accreditation. If the task force determines that state aid to be appropriate, this bill would require the task force to recommend conditions for receipt of the state aid, and would require the Chancellor of the California Community Colleges to report on the task force’s findings to the Legislature on or before March 31, 2015. end insert

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 begin delete 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 end delete require begin insert a contract with end insert the accrediting agency of begin delete a end delete begin insert the end insert community begin delete college end delete begin insert colleges end insert to begin delete base its accreditation decision on compliance with the minimum conditions specified above. The bill would require the selected accrediting agency to end delete comply with various requirements, begin delete including, among other things, the Bagley-Keene Open Meeting Act and California Public Records Act. end delete begin insert and to require the accrediting agency to report to the appropriate subcommittees of the Legislature upon the agency’s issuance of a decision that affects the accreditation status of a community college and, on a biannual basis, any accreditation policy changes that affect the accreditation process or status for a community college. end insert

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 70901 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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) In determining whether a community college district satisfies
the minimum conditions established pursuant to this section, the
board of governors shall review the accreditation status of the
community colleges within that district.

end insert begin insert

(C) (i) The board of governors shall establish a task force to
review the appropriateness of allowing a community college district
to continue to receive state aid, on a limited term basis, for the
support of a community college that is unaccredited and seeking
accreditation within the district. If the task force determines state
aid to be appropriate, the task force shall recommend minimum
conditions for receipt of that aid. The Chancellor of the California
Community Colleges shall report on the task force’s findings to
the Legislature on or before March 31, 2015.

end insert begin insert

(ii) The requirement for submitting a report under clause (i) is
inoperative on January 1, 2019, pursuant to Section 10231.5 of
the Government Code.

end insert begin insert

(iii) A report submitted pursuant to clause (i) shall be submitted
in compliance with Section 9795 of the Government Code.

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.

begin delete

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

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 72208 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 72208. end insert   

(a) After January 1, 2015, any agreement with the
accrediting agency for the community colleges, as designated by
law, shall require the accrediting agency to do all of the following:

(1) Establish standards that are relevant and material to the
standards required pursuant to federal law, relevant and material
to the quality of education of a community college, widely accepted
by educators, educational institutions, licensing bodies,
practitioners, and employers in the profession or vocational fields
for which the community college prepares students, and in
compliance with applicable state laws and policies.

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

(A) The evaluation team’s membership should proportionately
reflect the shared governance structure of community colleges by
including faculty, classified employees, and administrative
employees of the community colleges.

(B) The team shall be independent of the accrediting agency
and the community college being evaluated, and the accrediting
agency shall establish and ensure compliance with a defined
conflict of interest policy.

(3) In assessing whether to impose a sanction of show cause or
revocation, the accrediting agency shall consider all of the
following:

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

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

(C) If the accrediting agency intends to impose a sanction more
severe than the recommendation of the evaluation team, or finds
a deficiency not noted in the evaluation team’s report, the hearing
on the imposition of that proposed 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.

(4) Allow an institution proposed for a sanction of show cause
or revocation by the accrediting agency to file an appeal to be
heard by an arbitrator or hearing officer mutually agreed upon
by the community college and the accrediting agency. The parties
shall have the right to present and rebut relevant evidence, to call
and examine witnesses, and to present a written argument at the
close of the hearing. The accrediting agency shall bear the burden
of persuading the trier of facts by clear and convincing evidence
that the sanction is reasonable and warranted.

(5) The accrediting agency shall provide for public hearings in
matters regarding a California community college, including
providing adequate public notice of the hearing and opportunity
for public participation or comment prior to accreditation
decisions. Accrediting agency deliberations regarding
accreditation decisions may occur in a closed session meeting
following public participation or comment. The accrediting agency
shall announce the accreditation decision to the public.

(b) (1) An agreement pursuant to subdivision (a) shall require
the accrediting agency to report to the appropriate policy and
budget subcommittees of the Legislature upon the issuance of a
decision that affects the accreditation status of a community college
and, on a biannual basis, any accreditation policy changes that
affect the accreditation process or status for a community college.

(2) The Office of the Chancellor of the California Community
Colleges shall ensure that the appropriate policy and budget
subcommittees of the Legislature are provided the information
required in paragraph (1).

(c) For purposes of this section, a sanction of “show cause”
occurs if the accrediting agency finds a community college to be
in substantial noncompliance with its eligibility requirements,
accreditation standards, or policies, or if the community college
has not responded to the conditions imposed by the accrediting
agency.

end insert

begin delete

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 colleges as well as
standards that are required to be met to show that these conditions
have been met. 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 the quality of education of a
community college.

(iii) Be widely accepted by educators, educational institutions,
licensing bodies, practitioners, and employers in the professional
or vocational fields for which the community college prepare their
students.

(iv) Be consistent with state law and policies.

(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, students, and academic and
nonacademic employees.

(D) In determining whether a community college district meets
the minimum conditions established pursuant to this section, 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) Any finding or 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.

SEC. 2.  

Section 71000 of the Education Code is amended to
read:

71000.  

There is in the state government a Board of Governors
of the California Community Colleges, consisting of 22 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.

(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.

(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.

SEC. 3.  

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

(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 and the standards 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) 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.

(2) Meetings at which subject matters related to the accreditation
of a community college are addressed 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).

(3) 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).

(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.

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

(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.

(6) (A)   Members of the governing body of the accrediting
agency 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.

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

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

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

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

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

(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 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.

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

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

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

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

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

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

(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.

(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.

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

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

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

(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.

(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:

(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.

(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.

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

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

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

(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.

(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.

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

(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.

(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.

(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.

(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.

(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.

(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.

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

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

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

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

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

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

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

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

(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.

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

(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.

(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.

(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.

(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.

(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.

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

(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.

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

(g) 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.

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

(i) 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.

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