Amended in Senate March 24, 2014

Senate Bill No. 1068

Introduced by Senator Beall

February 18, 2014

An act to begin delete amend Section 70901 of end delete begin insert add Section 72209 to, and to add and repeal Section 72210 of, end insert the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

SB 1068, as amended, Beall. Community colleges: begin delete Board of Governors of the California Community Colleges. end delete begin insert accreditation. end insert

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law specifies the duties of the board of governors, including, among other duties, establishing minimum standards for the formation of community colleges and districts. begin insert Under its existing regulatory authority, the board of governors requires each community college to be accredited and has designated the Accrediting Commission for Community and Junior Colleges as the accrediting agency. end insert

This bill begin delete would make nonsubstantive changes in the provision relating to the duties of the board of governors. end delete begin insert would, notwithstanding that designation, authorize the governing board of a community college district to designate a federally recognized accrediting agency to accredit community colleges under its jurisdiction. The bill would require the selected accrediting agency to comply with various requirements, including the California Public Records Act, obtaining approval from the board of governors for new accreditation policies or procedures that increase costs, and to not charge fees unrelated to the accreditation process, as provided. The bill would require the board of governors, on or before January 1, 2016, to report to the Legislature on the feasibility of creating an independent accrediting agency to accredit the California Community Colleges and other 2-year private postsecondary educational institutions for purposes of the federal Higher Education Act of 1965 and state-authorized financial aid, as provided. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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 72209 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 72209. end insert   

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

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

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

(1) 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).

(2) Obtain approval from the Board of Governors of the
California Community Colleges before implementing a new
accreditation policy or procedure that increases costs for a
community college, community college district, or the state.

(3) Not charge a community college or community college
district for costs unrelated to the accreditation process, including,
but not limited to, attorneys fees.

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

(e) 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.

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

(g) 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.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 72210 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 72210. end insert   

(a) The Board of Governors of the California
Community Colleges, on or before January 1, 2016, shall report
to the Legislature on the feasibility of creating an independent
accrediting agency to accredit the California Community Colleges
and other two-year private postsecondary educational institutions
for purposes of Title IV of the federal Higher Education Act of
1965 (20 U.S.C. Sec. 1070 et seq.), as amended, and
state-authorized financial aid.

(b) The independent accrediting agency would be separate from
state government and funded by fees or dues paid by those
postsecondary educational institutions seeking accreditation from
the accrediting agency.

(c) (1) The report to be submitted pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the
Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2020.

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 all of 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) 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.

(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 law, be solely responsible for
establishing, maintaining, revising, and updating, as necessary,
the uniform budgeting and accounting structures and procedures
for the California Community Colleges.

(13) Establish policies regarding interdistrict attendance of
students.

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

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

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

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

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

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

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

end delete