Amended in Senate July 2, 2014

Amended in Senate June 18, 2014

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 begin delete Governors, end delete begin insert governors, end insert in determining whether a community college district satisfies those minimum conditions, to review the accreditation status of the community colleges within that district.

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

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.

(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:

72208.  

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

(b) 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 subdivision (a).

begin delete

(c) After January 1, 2015, an agreement with the accrediting
agency for the community colleges, as designated by law, shall
include all of the following provisions:

(1) (A) The accrediting agency shall afford public participation
for all meetings regarding the accreditation process or status for a
community college. All persons shall be permitted to attend those
meetings, and the accreditor shall provide an opportunity for
members of the public to directly address the body on each agenda
item before or during the body’s discussion or consideration of
the item at those meetings.

(B) The accrediting agency shall not prohibit public criticism
of its policies, programs, or services, or any acts or omissions of
the accreditor, relating to the accreditation process or status for a
community college.

(C) It is the intent of this agreement that the accrediting agency’s
proceedings relating to the accreditation process or status for a
community college be conducted openly so that the public may
remain informed and participate.

(2) No person shall be required, as a condition to attendance at
a meeting of the accrediting agency relating to the accreditation
process or status for a community college, to register his or her
name, to provide other information, to complete a questionnaire,
or otherwise to fulfill any condition precedent to his or her
attendance. If an attendance list, register, questionnaire, or other
similar document is posted at or near the entrance to the room
where the meeting is to be held, or is circulated to persons present
during the meeting, it shall state clearly that the signing, registering,
or completion of the document is voluntary, and that all persons
may attend the meeting regardless of whether a person signs,
registers, or completes the document.

(3) (A) The accrediting agency shall provide notice of a meeting
relating to the accreditation process or status for a community
college to any person who requests that notice in writing. Notice
shall also be given on the accrediting agency’s Internet Web site
at least 14 days in advance of the meeting, and shall include the
name, address, and telephone number of a person who can provide
further information prior to the meeting.

(B) The notice described in paragraph (1) shall include a specific
agenda for the meeting, containing a brief description of the items
to be discussed or deliberated.

(4) The accrediting agency shall ensure that all documents
generated during a meeting related to the accreditation process or
status for a community college shall be preserved for no less than
six years. All reports, evaluations, recommendations, and decision
documents shall be retained in a manner that complies with federal
standards and practices employed by the United States Department
of Education in matters related to the accreditation of institutions
of higher education.

(d) When imposing a sanction of revocation or show cause, the
Legislature recommends that the accrediting agency, to the
maximum extent feasible, delineate a path to compliance with
specificity, and allow adequate time in a manner that complies
with the accrediting agency policies and federal guidelines.

(e) For purposes of this section, the following terms have the
following meanings:

(1) “Accrediting agency” is the accrediting body, including the
agency’s subordinate bodies and delegated authority, for the
California Community Colleges.

(2) “Meeting” includes any congregation of a majority of the
members of the governing body of the accrediting agency for the
community colleges at the same time and place to hear, discuss,
or deliberate.

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