Amended in Senate May 7, 2014

Amended in Senate March 24, 2014

Senate Bill No. 1068

Introduced by Senator Beall

February 18, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

SB 1068, as amended, Beall. Community colleges: accreditation.

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. 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.

This bill begin delete 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 end delete would require the board of governors, on or before January 1, 2016, to report to the Legislature begin delete on end delete begin insert (1) end insert the feasibility of creating an independent accrediting agency to accredit the California Community Colleges and begin delete other end delete 2-year private postsecondary educational institutions for purposes of the federal Higher Education Act of 1965 and state-authorized financial aid, begin insert (2) based on a thorough examination of community college accreditation nationwide, a recommendation of whether the state would be best served by using a specified accrediting agency for all California public postsecondary educational institutions, and (3) the potential for using multiple accrediting agencies to ensure that the California Community Colleges are of the highest quality, end insert as provided.

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

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

begin delete

SECTION 1.  

Section 72209 is added to the Education Code,
to read:

72209.  

(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 delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 72210 is added to the Education Code,
to read:

72210.  

(a) The Board of Governors of the California
Community Colleges, on or before January 1, 2016, shall report
begin insert all of the following end insert to the begin delete Legislature on the end delete begin insert Legislature: end insert

begin insert (1) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert The end insert feasibility of creating an independent accrediting
agency to accredit the California Community Colleges and begin delete other end delete
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.

begin delete

(b)

end delete

begin insert (B) end insert  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.

begin insert

(2) Based on a thorough examination of community college
accreditation nationwide, a recommendation of whether the state
would be best served by using the Western Association of Schools
and Colleges (WASC) Senior College and University Commission,
commonly known as WASC Senior, as the single accrediting agency
for all California public postsecondary educational institutions.

end insert begin insert

(3) The potential for using multiple accrediting agencies as a
means to ensure that the California Community Colleges are of
the highest quality.

end insert begin delete

(c)

end delete

begin insert (b) end insert  (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.