Amended in Assembly May 23, 2014

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 Section 70901 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 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. begin delete 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 delete

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 require begin delete a contract with end delete the accrediting agency of the community colleges begin delete to comply with various requirements, and to require the accrediting agency end delete 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.

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 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.

(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.

begin delete

(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.

(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.

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

end delete

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

begin delete

72208.  

(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

end delete

begin insert

begin insert 72208. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The accrediting agency for the community colleges
shall end insert 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.

begin delete

(2)

end delete

begin insert (b) end insert  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 begin delete paragraph (1). end delete begin insert subdivision (a). end insert

begin delete

(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 delete