The people of the State of California
do enact as follows: SECTION 1. The Legislature finds
and declares as follows, with regard to the general
background and intent of this act:
(a) The California Community
Colleges face an unprecedented challenge in the
coming two decades, as California undergoes a
major demographic, social, and economic transformation.
The community colleges are at the center of this
change, and the state's future as a healthy and
free, diverse, and creative society depends in
major part upon the commitments expressed through
and in the community colleges.
(b) The community colleges educate
hundreds of thousands of Californians every year,
are the route to higher education for the majority
of our people, provide access to language and
citizenship for tens of thousands of immigrants
annually, retrain workers in an economy changing
more rapidly than any in history, and are the
last hope for older citizens seeking skills and
involvement in their communities. To do these
things well, to bring excitement and power into
the lives of students so diverse and needing so
much, to serve the economy and society through
its service of these students, requires a deep
commitment from all who teach and learn, from
those who administer and counsel, from those who
fund and regulate.
(c) The community colleges embody
an historic commitment to provide an opportunity
for college instruction for all Californians capable
of benefitting from instruction. The community
colleges have historically found their mission
in the statewide scheme for higher education,
the Master Plan for Higher Education, and in local
commitments to meet the needs of different communities:
urban and rural, middle class and poor. From these
sources have come the conviction, and the fact,
that the community colleges ought to provide high
quality lower division instruction for purposes
of transfer to baccalaureate institutions, and
a wide range of courses and programs to meet vocational
and basic education needs. The community colleges
have been notable because they are local and accessible,
diverse in their responsiveness to local needs,
and yet have maintained standards capable of placing
students in any of the state's universities or
in any of the state's industries.
(d) Since the development of
the original master plan, there has been a significant
change in the populations served by the community
colleges, and in the anticipated needs of the
state as we move into the 21st century. The state's
population will grow by 22 percent between 1986
and 2000, from 27 million to roughly 33 million.
By the turn of the century, California will have
a cultural and ethnic pluralism unknown elsewhere
in the mainland United States. Fifty-one percent
of the school age children in 1989 will be minorities;
the majority of the population will be nonwhite
in the following decade. However, there is no
one "minority community;" rather there will be
recent immigrants from Asia and Central America,
the children of today's urban ghettos, and members
of the "working poor." These communities of Californians
will turn increasingly to the community colleges
for language training, job reskilling, technical
education, or the liberal arts.
(e) By the year 2000, California
will be proportionally older; percent will be
senior citizens. California will have more elderly
citizens than any other state in the nation. These
citizens will turn, as they have already, to the
community colleges for continuing education and
job skills.
(f) By the turn of the century,
increasingly more working men and women will come
to the community colleges to acquire job skills
and retraining. In an economy of rapid change
and intense international competition, there will
be much job displacement, sometimes on a massive
scale. The periodic recessions and the unpredictable
collapse of one or more markets, or industries
will cause new students to matriculate to the
community colleges. But inside the economic center
not just at its margins the workers of the future
will need new literacy skills, and more ability
to communicate and learn on their own. When analysts
predict a labor shortage in California by 2000,
the real issue will not be numbers but quality.
The important questions will be whether working
men and women will have the skills required for
jobs of rapid transformation, and whether California
will be able to compete economically with other
states now making massive investment in their
educational systems.
(g) The convergence of these
tendencies--both demographic and economic--lead
to the possibility of an increasingly stratified
society. This can include what has been called
a ``permanent underclass;'' mostly minority, and
a semipermanent, semi-employable stratum of low-skilled
workers. The consequences of this development
would be dire: the permanent underutilization
of the energies and talents of our people, the
deepening of racial resentments and fears, and
the constant anxiety among more and more of us
that the future has no place for us.
(h) The Legislature is committed
to an alternative vision in which California remains
a place of opportunity and hope where innovation
and creativity mark our economy and our culture,
and where the minds and spirits of all our communities
contribute to our common future. The community
colleges will be at the heart of whatever effort
we make to insure that the future is equitable
and open, that California's economy remains healthy
and growing, and that both rural towns and rapidly
expanding urban centers have educational resources
close at hand. The community colleges are not
the only place in which Californians will make
their investment for an expansive and decent future,
but they will have to be one such essential place.
(i) The community colleges once
envisaged as "junior colleges" devoted primarily
to providing middle-class youth with a local option
to the lower-division years of college will be
called upon for the tasks of retraining workers,
teaching English to those recently among us, providing
skills and opportunities for the elderly, providing
a second chance to those who were failed by our
secondary schools, and still providing lower division
transfer education of quality and integrity for
all who want it.
(j) The majority of people in
California welcome this new epoch as a challenge
of unprecedented opportunity. The Legislature
shares this view, and expresses the intent that
sufficient funding and resources of this state
be provided to forge into a new range of educational
engagements for our people. It is important in
this regard to honor those who teach basic skills
and literacy, as well as those who teach Shakespeare
and Plato, to facilitate effective communication
between "vocational" and "liberal arts" departments
in an epoch where all vocations will require deeper
and more subtle forms of literacy, and to build
a new and diverse curriculum which engages all
our diverse students, and demands the best of
their minds and spirits.
(k) The people of California
should have the opportunity to be proud of a system
of community colleges which instills pride among
its students and faculty, where rigor and standards
are an assumed part of a shared effort to educate,
where the hugely diverse needs of students are
a challenge rather than a threat, where the community
colleges serve as models for the new curricula
and innovative teaching, where learning is what
we care about most.
(l) It is the intent of the
Legislature in enacting this act, to strengthen
the capacity of the community colleges to meet
the emerging needs of our state, and in particular,
to better ensure that all Californians are offered
a chance, challenged and taught with imagination
and inspiration, offered assistance and counseling,
and held to honest standards.
SEC. 2. The
Legislature finds and declares the following with
regard to the problems facing the California Community
Colleges, and their mission and functions in resolving
those problems:
(a) As the Commission for the
Review of the Master Plan for Higher Education
noted in its report, and as others have noted,
the decline in the number of students seeking
to transfer from the California Community Colleges
to four-year educational institutions is attributable
to a variety of factors, including, but not limited
to, a decreased number of high school graduates,
a lack of coordination among postsecondary segments
and between postsecondary and secondary institutions,
and the inadequate provision of student financial
aid. This decline represents a serious threat
to the historical objective of the community college
system to provide access to quality education
regardless of personal circumstance. The Legislature
finds and declares that transfer between the California
Community Colleges and California's four-year
public universities is a matter of statewide concern.
(b) If the community college
system is to fulfill its role in meeting the educational
needs of this state in future years, there is
a need for a reinvigorated transfer program in
that system, involving a closer articulation between
the community colleges and the other segments
of public postsecondary education as to educational
programs, expectations, and responsibilities,
and involving the communication of the respective
educational expectations of those segments to
the high schools. The provision of quality transfer
education is a primary mission of the community
colleges.
(c) There is also a growing
need in this state for quality courses and programs
of baccalaureate program quality in the community
college system for students who either do not
desire to transfer to a four-year educational
institution or who already possess a baccalaureate
degree.
(d) Vocational and technical
education is a primary mission of the California
Community Colleges, and programs of study leading
to employment meet the needs of both students
and society. The dramatic changes in California's
economy will require, however, an ongoing and
thorough review of the relevance and responsiveness
of current vocational education programs, as well
as the relationship between those programs throughout
the state.
(e) It is necessary that the
Board of Governors of the California Community
Colleges initiate, through the chancellor's office,
a detailed examination of the implications of
current economic developments and trends for the
development of vocational education programs.
In the agriculture, manufacturing, and services
sectors, new technologies, the reorganization
of production, and the shifting international
context require that review.
(f) Current vocational programs
in the California Community Colleges appropriately
include both academic certificate or degree programs
and short-term jobs skills and retraining programs.
Both are essential to meet the rapidly shifting
needs within the economy. Within many of those
programs, however, there is a need for greater
continuity between the high schools, the community
colleges, and the four-year colleges or universities.
(g) Vocational "tracks" should
have as much connection as possible with courses
in the liberal arts and general education. This
ensures the greatest variety of career options
for students, and addresses a growing conviction
on the part of industry that vocational training
must include a broad variety of literacy skills
beyond technical expertise. The chancellor's office
should initiate a review of the curricular relationships
between vocational and general education programs.
(h) As indicated by the Commission
for the Review of the Master Plan for Higher Education,
there exist patterns of gender and ethnic underrepresentation
in a number of vocational education programs.
For example, in 15 of the 30 largest community
college vocational education programs, over 80
percent of the students are of the same gender.
(i) There is a massive and growing
demand in this state for remedial education, resulting
from a decline in high school academic standards,
the increasing dropout rate, restrictions on funding
of adult education programs in the public schools,
and the growing number of adults seeking basic
skills, language, and literacy training. This
need exists in all ethnic groups, and affects
students from all socioeconomic backgrounds, whether
or not high school graduates. The provision of
remedial education is an essential and important
mission of the community colleges.
(j) The success of the assessment,
counseling, and placement system in the community
colleges depends upon the ability of community
college districts to provide a full range of courses
of remedial instruction and related support services.
(k) The effectiveness of a program
of remedial instruction in offering educational
opportunity to underprepared students requires
better coordination between adult education programs
and community college programs, based upon locally
negotiated agreements between those institutions
for the provision of remedial instruction.
(l) Courses in English as a
second language are vital to California's transition
to a future as a multicultural society in which
men and women of diverse backgrounds can share
a common language, and to the opportunity for
hundreds of thousands of recent immigrants to
become participants in our society. The provision
of English as a second language is an essential
and important mission of the community colleges.
(m) English as a second language
is needed by students having enormously varied
backgrounds as to place of origin and level of
preexisting educational skills, and is therefore
necessary as a means of applying their abilities
in an English-speaking culture, rather than as
an effort to provide remediation or retraining.
(n) Because the programs in
English as a second language currently offered
in the California Community Colleges and the adult
schools are inadequate to meet the growing need
in this state for those programs, it is essential
that the community colleges seek to coordinate
those programs with local adult education schools,
if any.
(o) Adult literacy training
and basic skills education are among the most
difficult challenges facing California education
in the next 15 years, based upon 1980 census figures
showing that over four million adults in this
state, and perhaps up to 25 percent of California's
adult population, may be illiterate.
(p) Illiteracy prevents those
Californians from reading newspapers, work manuals,
and labels on cans of poison, and results in incalculable
costs to this state in terms of lost economic
productivity, higher welfare and public assistance
expenditures, unemployment, crime, social isolation,
and personal exclusion.
(q) Whereas democracy depends
upon an informed and engaged population, the percentage
of our citizens voting in elections is among the
lowest of any democracy in the entire world, a
fact that may be related to our rate of literacy,
which is lower than that of any other industrial
democracy.
(r) Programs in noncredit adult
education, including adult literacy and citizenship
programs conducted in the California Community
Colleges are important and essential functions
of that system. The relationship between those
programs and similar programs offered by other
institutions, governed by a variety of authorities,
requires clarification.
(s) The Legislature should require
that local agreements be entered into between
various educational entities for the provision
of adult literacy training and basic skills education.
SEC. 3. It is
the intent of the Legislature that the California
Community Colleges be governed under an efficient
and flexible system, providing adequate fiscal
oversight and development of educational standards
at the state level, and incentive to design programs
meeting the particular needs of each district
at the local level. The Legislature recognizes
that the California Community Colleges is a statewide
system with common standards and practices governing
local initiative and control. The Legislature
therefore finds and declares that clarifying and
strengthening the respective roles of the Board
of Governors and the Chancellor of the California
Community Colleges will enhance the efficiency
and flexibility of the system.
SEC. 4. The
Legislature finds and declares the following with
regard to faculty, administrators, and staff of
the California Community Colleges:
(a) The California Community
Colleges will face a severe hiring crisis in the
next 15 years. It is estimated that fully 55 percent
of the current full-time faculty will retire in
that period. In this regard there are three major
interlocking issues which must be considered:
(1) There must be guarantees
that the full-time positions which become open
because of the retirement of these faculty members
not be divided into part-time positions that are
less expensive to fill than the full-time positions.
The division of full-time positions that become
vacant into part-time positions is currently occurring
all too frequently. The maintenance of a fully
staffed, full-time faculty is an essential element
of a coherent program.
(2) Competition for qualified
persons is intense, from both other sectors of
education and private business.
(3) Given the emerging turnover
in faculty vacancies, the next 15 years represent
the last major "window of opportunity" to significantly
change the ethnic mix of the faculty during the
next 30 years. It will be imperative for the faculty
to be sympathetic and sensitive to cultural diversity
in the colleges especially when the student body
is continually changing. One means of ensuring
this is for the faculty to be culturally balanced
and more representative of the state's diversity.
(b) If the community colleges
are to respond creatively to the challenges of
the coming decades, they must have a strong and
stable core of full-time faculty with long-term
commitments to their colleges. There is proper
concern about the effect of an over-reliance upon
part-time faculty, particularly in the core transfer
curricula. Under current conditions, part-time
faculty, no matter how talented as teachers, rarely
participate in college programs, design departmental
curricula, or advise and counsel students. Even
if they were invited to do so by their colleagues,
it may be impossible if they are simultaneously
teaching at other colleges in order to make a
decent living.
(c) However, in many areas the
employment of part-time temporary faculty is both
appropriate and necessary, especially in vocational
programs where part-time faculty members may be
practicing professionals in the field.
(d) Decisions regarding the
appropriateness of part-time faculty should be
made on the basis of academic and program needs,
however, and not for financial savings. The Legislature's
concern about abuses in this regard led to the
establishment of the current statutory cap on
part-time employment.
(e) There is widespread concern
about the current tendency to fill "retiring"
full-time positions with multiple part-time positions,
and that there is a financial incentive to do
so. Under current formulae, part-time faculty
receive less money than do full-time faculty,
and do not receive benefits. Thus, proposals concerning
the status and conditions of part-time faculty
will depend upon changes in the pay structure
as well as the overall financing of the colleges.
(f) Changes in the governance
of the California Community Colleges will affect,
and be affected by, current collective bargaining
agreements and the statutes governing those agreements,
and that with regard to jurisdictional matters
and questions of process, there can be considerable
confusion regarding the relationship between collective
bargaining agents, academic units organized through
the colleges including departments and schools,
and the academic senates.
(g) Community college instructors,
recruited directly from graduate school or from
some form of employment other than teaching, may
not be prepared to deal effectively with the wide
range of student abilities and attitudes found
in community college classrooms. As larger numbers
of students from many different cultural backgrounds
and with significant English language and other
deficiencies are enrolled, the problem will become
more serious for both administrators and faculty.
The proposed establishment of a student assessment,
counseling, and placement program on each campus
will also require additional training and assistance
for both faculty and administrators.
(h) Professional development
for faculty, support staff, student services staff,
and administrators is vital. Further, the success
of the assessment, counseling, and placement programs
will depend upon the effectiveness of this training.
(i) The recruitment of faculty
into the community colleges, and the maintaining
of morale and enthusiasm among the faculty depends
in large part upon the intellectual and personal
environment within which faculty work. Much of
that environment is created by their own authority
over the substantive direction of the programs
and courses in which they work, through the quality
of their relationship with the college administration,
and in the quality of their interactions with
the communities of students they teach. At the
same time, it is apparent that faculty morale
comes from their engagement in the development
of new and innovative programs, from their engagement
in professional and discipline-based associations,
and from an active, intellectual life as scholars
and teachers.
(j) Community colleges have
less resources available for faculty professional
and intellectual development than do other segments
of the system of higher education, and this disparity
may become a substantial barrier to the future
recruitment of quality faculty. Yet, faculty in
the community colleges should be no less intellectually
engaged than their colleagues in the other segments.
Their primary commitment to teaching makes it
imperative that they have a vibrant and rich intellectual
life.
(k) The success of the assessment,
counseling, and placement system in the California
Community Colleges will depend upon the commitment
and dedication of trained student services staff.
The importance of their role stretches across
all aspects of community college life including:
counseling, reading and computational assessment
and evaluation, financial aid assistance, providing
and directing tutorial services, providing outreach
into the local community, providing information
to continuing students, and assisting the faculty
in designing and providing courses of study which
meet the particular needs of very different students.
It is essential that the college have adequate
service staff, and that they be superbly trained,
especially in view of the current diversity of
student educational needs in the community colleges.
(l) The tenure system is an
important prerequisite for the maintenance of
academic freedom, continuity in academic and vocational
programs, and development of a faculty committed
to the long-term health of the community colleges.
At the same time, the tenure system is a central
part of the governance of the colleges. Thus,
the determination of standards for tenure, procedures
governing tenure, and the actual granting of tenure
determine in large part the substantive direction
of the colleges.
(m) The current tenure system
lacks adequate participation by the faculty, provides
an inadequate probationary period for the evaluation
of permanent faculty, and does not provide uniform
systemwide procedures for due process and grievance.
(n) It is a general purpose
of this act to improve academic quality, and to
that end the Legislature specifically intends
to authorize more responsibility for faculty members
in duties that are incidental to their primary
professional duties. It is the intent of the Legislature
that, in exercising these increased responsibilities,
faculty members are not deprived of their status
as employees under Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the
Government Code. It is also the intent of the
Legislature that the exercise of this increased
responsibility shall not make these faculty members
managerial or supervisory employees, as those
terms are defined in that chapter. There has been
a great deal of uncertainty as a result of the
decision of the United States Supreme Court in
National Labor Relations Board v. Yeshiva University,
444 U.S. 672, 63 L. Ed. 2d 115, regarding whether
increased faculty involvement in institutional
governance and decision making might subject the
faculty members to legal challenges in connection
with their rights of collective bargaining. This
act is intended to enable faculty members who
perform the duties described in subdivision (e)
of Section 87610.1 of the Education Code to avoid
having to choose between collective bargaining
and greater participation in these functions by
ensuring that increased participation in the tenure
system, which occurs as an outgrowth of this act,
shall not subject faculty members to losing their
status as employees under Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of
the Government Code.
(o) Any set of laws, regulations,
directives, or guidelines regarding community
college faculty and administrator qualifications,
evaluation, hiring, or retention should promote
the efforts of local community colleges to ensure
that their faculty and administration consists
of:
(1) Teachers who can teach and
who are experts in the subject matter of their
curriculum.
(2) Counselors, librarians,
and other instructional and student service faculty
who can foster college effectiveness and who are
experts in the subject matter of their specialty.
(3) Administrators who can lead,
organize, plan, and supervise; who understand
the needs of faculty and the learning process;
and who value institutional governance based upon
a genuine sharing of responsibility with faculty
colleagues.
(p) (1) The laws, regulations,
directives, or guidelines should help the community
colleges ensure that the faculty and administrators
they hire and retain are people who are sympathetic
and sensitive to the racial and cultural diversity
in the colleges, are themselves representative
of that diversity, and are well prepared by training
and temperament to respond effectively to the
educational needs of all the special populations
served by community colleges.
(2) All state and local policies,
rules, and regulations regarding community college
faculty and administrator qualifications, evaluation,
hiring, or retention should strengthen faculty,
administration, and board cooperation in matters
related to those topics. They should also strengthen
the role of the faculty as an authoritative, professional
collegiate body.
(q) (1) In general, the appropriate
focus of minimum qualifications is in helping
the colleges to ensure that they will select faculty
who are competent in subject matter and possess
the basic academic preparation needed to work
effectively at the college level. The minimum
qualifications for all faculty should be the same
except where the application of qualifications
without differentiation would be clearly unreasonable
or impractical.
(2) The minimum qualifications
for administrators should help the colleges to
ensure that they will select individuals who are
competent to perform the kind of administrative
responsibilities that administrators are normally
required to assume, such as supervision, organizational
planning, and budget development and administration,
and who understand the needs of faculty and the
learning process.
(r) (1) The pool of underrepresented
individuals interested in faculty and administrative
positions in the community colleges should be
increased. Furthermore, practical and effective
ways of finding and recruiting those individuals
should be developed and maintained. The state's
leadership in this effort is appropriate and urgently
needed.
(2) The hiring process for administrators
and faculty
(both temporary and permanent)
should be designed so that both faculty and administrators
take real responsibility for meeting affirmative
action goals and ensuring that affirmative action
considerations effectively influence hiring decisions.
(s) (1) No single approach to
hiring faculty can guarantee attainment of the
colleges' affirmative action goals and consistent
selection of qualified individuals. Nevertheless,
any hiring process adopted by a college should
require the joint and cooperative exercise of
responsibility by the faculty, administration,
and board and should reflect the differing source
of each participant's authority and the kind of
responsibility that authority conveys.
(2) The governing board of a
community college district derives its authority
from statute and from its status as the entity
holding the institution in trust for the benefit
of the public. As a result, the governing board
and the administrators it appoints have the principal
legal and public responsibility for ensuring an
effective hiring process.
(3) Faculty members derive their
authority from their expertise as teachers and
subject matter specialists and from their status
as professionals. As a result, the faculty has
an inherent professional responsibility in the
development and implementation of policies and
procedures governing the hiring process.
(4) Beyond requiring a joint
and cooperative exercise of responsibility, the
hiring process should be focused on ensuring that
the community colleges will select teachers who
can teach and who are experts in the subject matter
of their curriculum; and counselors, librarians,
and other instructional and student services faculty
who can foster community college effectiveness
and who are experts in the subject matter of their
specialty. This means that the colleges may establish
criteria for hiring that go well beyond the minimum
qualifications set by regulation. The establishment
of additional criteria of this sort should be
expected and encouraged.
(5) The focus of the hiring
process for administrators is slightly different
from the focus in hiring teachers. In hiring teachers,
the goal is to find people who can teach, but
in hiring administrators the goal is to ensure
that the community colleges will select administrators
who are competent to perform the kind of administrative
responsibilities that administrators are normally
required to assume in the context of the operation
and programs of the community colleges.
(t) The state should provide
the community colleges with enough resources and
a sufficiently stable funding environment to enable
them to predict their staffing needs and to establish
highly effective hiring processes. While the precise
nature of the hiring process for faculty should
be subject to local definition and control, each
community college should, in a way that is appropriate
to its circumstances, establish a hiring process
that ensures that:
(1) Emphasis is placed on the
responsibility of the faculty to ensure the quality
of their faculty peers.
(2) Both faculty members and
administrators participate effectively in all
appropriate phases of the process.
(3) Positions to be filled are
normally identified through a well defined, thoughtful,
planning process.
(4) The time between the announcement
of each position and the selection of a candidate
for hire is long enough to allow a thorough, complete,
and thoughtful search.
(5) Clear and complete job descriptions,
including all job-related skills requirements
and any additional qualifications recommended
by the faculty when appropriate, are prepared
for each position, and these job descriptions
are reviewed before each position is announced,
to ensure conformity with the community college's
affirmative action and nondiscrimination commitments.
(6) All participants in the
process are given appropriate training in affirmative
action procedures and the affirmative action goals
and timetables of the community college so that
success in reaching those goals is better assured.
(7) Individuals, preferably
minorities or women, who are knowledgeable about
and responsible to the community college's affirmative
action goals are included on all selection committees
or similar groups.
(8) Final hiring decisions are,
whenever reasonably possible, made during the
regular academic year and promptly communicated
to the faculty; the expectation that faculty recommendations
regarding the hiring of faculty will normally
be accepted is reinforced; and only in exceptional
circumstances, and for compelling reasons communicated
to the selection committee and to the president
of the academic senate of the college, will someone
be hired as a faculty member who has not been
found to be among the best qualified by the faculty.
(u) The state should provide
the community colleges with enough resources and
a sufficiently stable funding environment to enable
them to predict their staffing needs and to establish
highly effective hiring processes. While the precise
nature of the hiring process for administrators
should be subject to local definition and control,
each community college should, in a way that is
appropriate to its circumstances, establish a
hiring process which ensures that:
(1) Representatives of the faculty
and other employees whose circumstances at work
will be directly affected by the employment of
the administrator participate effectively in all
appropriate phases of the process.
(2) Positions to be filled are
normally identified through a well defined, thoughtful,
planning process.
(3) The time between the announcement
of each position and the selection of a candidate
for hire is long enough to allow a thorough, complete,
and thoughtful search.
(4) Clear and complete job descriptions
that include all job-related skills requirements
are prepared for each position and these job descriptions
are reviewed before each position is announced,
to ensure conformity with the community college's
affirmative action and nondiscrimination commitments.
(5) All participants in the
process are given appropriate training in affirmative
action procedures and goals and timetables of
the community college, so that success in reaching
those goals is better assured.
(6) Individuals, preferably
minorities or women, who are knowledgeable about
and responsive to the college's affirmative action
goals are included on all selection committees
or similar groups.
(7) Final hiring decisions are,
whenever reasonably possible, made during the
regular academic year and promptly communicated
to the faculty and staff.
(v) (1) The evaluation process
should promote professionalism, enhance performance,
and be closely linked with staff development efforts.
(2) The evaluation process should
be effective in yielding a genuinely useful and
substantive assessment of performance. Among other
things, this requires an articulation of clear,
relevant criteria on which evaluations will be
based.
(3) The evaluation process should
be timely. This requires that evaluations be performed
regularly at reasonable intervals.
(4) The specific purposes for
which evaluations are conducted should be clear
to everyone involved. This requires recognition
that the principal purposes of the evaluation
process are to recognize and acknowledge good
performance, to enhance satisfactory performance
and help employees who are performing satisfactorily
further their own growth, to identify weak performance
and assist employees in achieving needed improvement,
and to document unsatisfactory performance.
(5) A faculty member's students,
administrators, and peers should all contribute
to his or her evaluation, but the faculty should,
in the usual case, play a central role in the
evaluation process and, together with appropriate
administrators, assume principal responsibility
for the effectiveness of the process.
(6) The procedures defined by
negotiations should foster a joint and cooperative
exercise of responsibility by the faculty, administration,
and governing board of the community college and
should reflect faculty and administrator expertise
and authority in evaluating professional work
as well as the governing board's legal and public
responsibility for the process.
(w) Faculty tenure fosters academic
freedom and should be maintained. For administrators,
the need for job security justifies appointments
of reasonable duration, but no one should obtain
tenure or permanent status in an administrative
position. A person should be granted tenure as
a faculty member only after it has been determined
through a process of evaluation that he or she
is, and will likely continue to be, a positive
asset to the community college. In other words,
the award of tenure should be an affirmative act,
rather than the result of default. The faculty's
inherent professional responsibility to ensure
the quality of their faculty peers requires faculty
review to be at the heart of the evaluation process
leading to tenure decisions.
SEC. 4.5.
It is the intent of the Legislature that the Board
of Governors of the California Community Colleges
be broadly and equitably representative of the
general public and that appointments to the board
of governors include adequate representation on
the basis of sex and on the basis of the major
racial, ethnic, and economic groups in the state.
SEC. 5. The
Legislature finds and declares the following with
regard to access to the California Community Colleges,
and the importance and value of success to those
who participate in the system:
(a) It is the responsibility
of this state to provide to every Californian
the opportunity to realize his or her intellectual,
emotional, and vocational potential. To fulfill
this responsibility, and to ensure that California
enjoys a healthy economy and society, open access
to a quality community college system must be
affirmed for a diverse student population, which
includes, but is not limited to, recent high school
graduates, senior citizens, persons who are Caucasian,
Black, Asian, and Hispanic, disabled men and women,
persons at a variety of income levels, businessmen
and businesswomen, single parents, women reentering
the work force, high school dropouts, and persons
with baccalaureate degrees.
(b) It is the joint responsibility
of the student and the community college to realize
the student's goals and aspirations, which often
change during the educational experience and which
include such diverse purposes as literacy training,
English acquisition and development both for persons
whose primary language is English and persons
having other primary languages, vocational training,
job reskilling, skills enhancement, and education
oriented toward transfer to a four-year college
or university.
(c) Open access to community
colleges must be assured for all adults who can
benefit from instruction, which access is meaningful
only if supported by a system of assessment, counseling,
and placement that assists students in identifying
their talents and abilities, directs them to courses
that meet their needs, and maintains standards
designed to ensure their success.
SEC. 6. Section
66701 of the Education Code is amended to read:
66701. (a) Public community
colleges shall offer instruction through but not
beyond the second year of college. These institutions
may grant the associate in arts and the associate
in science degree.
(b) Authorized instruction in
the community colleges shall include standard
collegiate courses for transfer to other institutions,
vocational and technical courses leading to or
upgrading, or leading to and upgrading, employment,
general or liberal arts courses, adult noncredit
courses, and community services programs and courses.
However, priorities in the instructional programs
shall be as follows:
(1) The primary mission of the
community colleges is the provision of rigorous,
high quality degree and certificate curricula
in lower division arts and sciences and in vocational
and occupational fields.
(2) The provision of remedial
instruction, English as a second language instruction,
and support services which help students succeed
at the postsecondary level are essential and important
functions of the community colleges.
(3) The provision of adult noncredit
education curricula in areas defined as being
in the state's interest is an essential and important
function of the community colleges.
(4) The provision of community
services courses and programs is an authorized
function of the community colleges so long as
their provision is compatible with an institution's
ability to meet its obligations in its primary
missions.
SEC. 7. Chapter
9.2 (commencing with Section 66720) is added to
Part of the Education Code, to read:
66720. The Board of Governors
of the California Community Colleges, the Regents
of the University of California, and the Trustees
of the California State University, with appropriate
consultation with the Academic Senates of the
respective segments, shall jointly develop, maintain,
and disseminate a common core curriculum in general
education courses for the purposes of transfer.
Any person who has successfully completed the
transfer core curriculum, shall be deemed to have
thereby completed all lower division general education
requirements for the University of California
and the California State University.
66721. Upon development of the
transfer core curriculum pursuant to Section 66720,
and upon any subsequent joint revision of that
curriculum, the Board of Governors of the California
Community Colleges, the Regents of the University
of California, and the Trustees of the California
State University shall jointly cause the curriculum
to be published and distributed to each public
school in this state that provides instruction
in any of the grades 7 to 12, inclusive, and to
each community college in this state, with an
emphasis on the communication of that information
to each school or college having a high proportion
of students who are members of one or more ethnic
minorities. In addition, the Board of Governors
shall distribute that transfer core curriculum
to the State Board of Education, which shall apply
that information to ensure, through its curriculum
development activities, that public school pupils
enrolled in any of the grades 9 to 12, inclusive,
are aware of the academic requirements for preparation
for higher education and may receive any necessary
academic remediation in a timely manner.
66723. No provision of this
chapter shall apply to the University of California
except to the extent that the Regents of the University
of California, by appropriate resolution, makes
that provision applicable.
SEC. 8. Part
43.5 (commencing with Section 70900) is added
to Division 7 of the Education Code, to read:
PART 43.5. THE CALIFORNIA COMMUNITY
COLLEGES
70900. There is hereby created
the California Community Colleges, a postsecondary
education system consisting of community college
districts heretofore and hereafter established
pursuant to law and the Board of Governors of
the California Community Colleges. The board of
governors shall carry out the functions specified
in Section 70901 and local districts shall carry
out the functions specified in Section 70902.
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 thereof, 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) 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. 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
inter-district, 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
inter-district 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) 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.
70901.5. (a) The board of governors
shall establish procedures for the adoption of
rules and regulations governing the California
Community Colleges. Among other matters, the procedures
shall implement the following requirements:
(1) Written notice of a proposed
action shall be provided to each community college
district and to all other interested parties and
individuals, including the educational policy
and fiscal committees of the Legislature and the
Department of Finance, at least 45 days in advance
of adoption. The regulations shall become effective
no earlier than 30 days after adoption.
(2) The proposed regulations
shall be accompanied by an estimate, prepared
in accordance with instructions adopted by the
Department of Finance, of the effect of the proposed
regulations with regard to the costs or savings
to any state agency, the cost of any state-mandated
local program as governed by Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of
the Government Code, any other costs or savings
of local agencies, and the costs or savings in
federal funding provided to state agencies.
(3) The board of governors shall
ensure that all proposed regulations of the board
meet the standards of "necessity," "authority,"
"clarity," "consistency," "reference," and "non-duplication,"
as those terms are defined in Section 11349 of
the Government Code. A district governing board
or any other interested party may challenge any
proposed regulatory action regarding the application
of these standards.
(4) Prior to the adoption of
regulations, the board of governors shall consider
and respond to all written and oral comments received
during the comment period.
(5) The effective date for a
regulation shall be suspended if, within 30 days
after adoption by the board of governors, at least
two-thirds of all governing boards vote, in open
session, to disapprove the regulation. With respect
to any regulation so disapproved, the board of
governors shall provide at least additional days
for review, comment, and hearing, including at
least one hearing before the board itself. After
the additional period of review, comment, and
hearing, the board may do any of the following:
(A) Reject or withdraw the regulation.
(B) Substantially amend the
regulation to address the concerns raised during
the additional review period, and then adopt the
revised regulation. The regulation shall be treated
as a newly adopted regulation, and shall go into
effect in accordance with those procedures.
(C) Readopt the regulation as
originally adopted, or with those nonsubstantive,
technical amendments deemed necessary to clarify
the intent of the original regulation. If the
board of governors decides to readopt a regulation,
with or without technical amendments, it shall
also adopt a written declaration and determination
regarding the specific state interests it has
found necessary to protect by means of the specific
language or requirements of the regulation. A
readopted regulation may then be challenged pursuant
to existing law in a court of competent jurisdiction,
and shall not be subject to any further appeal
within the California Community Colleges.
(6) As to any regulation which
the Department of Finance determines would create
a state-mandated local program cost, the board
of governors shall not adopt the regulation until
the Department of Finance has certified to the
board of governors and to the Legislature that
a source of funds is available to reimburse that
cost.
(7) Any district or other interested
party may propose a new regulation or challenge
any existing regulation.
(b) Except as expressly provided
by this section, and except as provided by resolution
of the board of governors, the provisions of Chapter
3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code
shall not apply to regulations adopted by the
board of governors.
70902. (a) Every community college
district shall be under the control of a board
of trustees, which is referred to herein as the
"governing board." The governing board of each
community college district shall establish, maintain,
operate, and govern one or more community colleges
in accordance with law. In so doing, the governing
board may initiate and carry on any program, activity,
or may otherwise act in any manner that is not
in conflict with or inconsistent with, or preempted
by, any law and that is not in conflict with the
purposes for which community college districts
are established. The governing board of each community
college district shall establish rules and regulations
not inconsistent with the regulations of the board
of governors and the laws of this state for the
government and operation of one or more community
colleges in the district.
(b) In furtherance of the provisions
of subdivision (a), the governing board of each
community college district shall do all of the
following:
(1) Establish policies for,
and approve, current and long-range academic and
facilities plans and programs and promote orderly
growth and development of the community colleges
within the district. In so doing, the governing
board shall, as required by law, establish policies
for, develop, and approve, comprehensive plans.
The governing board shall submit the comprehensive
plans to the board of governors for review and
approval.
(2) Establish policies for and
approve courses of instruction and educational
programs. The educational programs shall be submitted
to the board of governors for approval. Courses
of instruction that are not offered in approved
educational programs shall be submitted to the
board of governors for approval. The governing
board shall establish policies for, and approve,
individual courses that are offered in approved
educational programs without referral to the board
of governors.
(3) Establish academic standards,
probation and dismissal and readmission policies,
and graduation requirements not inconsistent with
the minimum standards adopted by the board of
governors.
(4) Employ and assign all personnel
not inconsistent with the minimum standards adopted
by the board of governors and establish employment
practices, salaries, and benefits for all employees
not inconsistent with the laws of this state.
(5) To the extent authorized
by law, determine and control the district's operational
and capital outlay budgets. The district governing
board shall determine the need for elections for
override tax levies and bond measures and request
that those elections be called.
(6) Manage and control district
property. The governing board may contract for
the procurement of goods and services as authorized
by law.
(7) Establish procedures not
inconsistent with minimum standards established
by the board of governors to ensure faculty, staff,
and students the opportunity to express their
opinions at the campus level and to ensure that
these opinions are given every reasonable consideration,
and the right to participate effectively in district
and college governance, and the right of academic
senates to assume primary responsibility for making
recommendations in the areas of curriculum and
academic standards.
(8) Establish rules and regulations
governing student conduct.
(9) Establish student fees as
it is required to establish by law, and, in its
discretion, fees as it is authorized to establish
by law.
(10) In its discretion, receive
and administer gifts, grants, and scholarships.
(11) Provide auxiliary services
as deemed necessary to achieve the purposes of
the community college.
(12) Within the framework provided
by law, determine the district's academic calendar,
including the holidays it will observe.
(13) Hold and convey property
for the use and benefit of the district. The governing
board may acquire by eminent domain any property
necessary to carry out the powers or functions
of the district.
(14) Participate in the consultation
process established by the board of governors
for the development and review of policy proposals.
(c) In carrying out the powers
and duties specified in subdivision (b) or other
provisions of statute, the governing board of
each community college district shall have full
authority to adopt rules and regulations, not
inconsistent with the regulations of the board
of governors and the laws of this state, that
are necessary and proper to executing these prescribed
functions.
(d) Wherever in this section
or any other statute a power is vested in the
governing board, the governing board of a community
college district, by majority vote, may adopt
a rule delegating the power to the district's
chief executive officer or any other employee
or committee as the governing board may designate;
provided, however, that the governing board shall
not delegate any power that is expressly made
nondelegable by statute. Any rule delegating authority
shall prescribe the limits of the delegation.
SEC. 9. 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 all of the following:
(a) Thirteen members, who are
appointed by the Governor with the advice and
consent of two-thirds of the Senate. Of the members
appointed by the Governor, two shall be current
or former elected members of local community college
district governing boards. The Governor shall
appoint the current or former members of the governing
board of a community college district for staggered
six-year terms. The voting members who are current
or former members of the governing board of a
community college district shall first be appointed
no later than January 15, 1990, and January 15,
1992, respectively.
(b) One voting student who is
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 of appointment, or until
a replacement has been named. A student member
shall be enrolled in a community college at least
one semester prior to his or her appointment and
shall meet and maintain the minimum standards
of scholarship prescribed for community college
students. The student member shall be appointed
by the Governor for a one-year term commencing
on June 1.
(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 persons
furnished by the Academic Senate of the California
Community Colleges. The first voting tenured faculty
member appointed to the board shall occupy the
seat on the board that is made available by the
next full-term vacancy of a four-year term that
exists after January 1, 1984. The first voting
tenured faculty member appointed to the additional
voting tenured faculty member seat on the board
provided by the amendments to this section enacted
by the Statutes of 1987 shall occupy the second
seat on the board that is made available by the
next full-term vacancies that exist after January
1, 1988. Thereafter, each seat shall be designated
as a voting tenured faculty member seat and shall
in the future be filled by a tenured faculty member
from a community college pursuant to this section
and Section 71003.
(d) Commencing with appointments
made on or after January 1, 1990, all members
of the board shall be appointed for staggered
six-year terms, except in the case of the faculty
appointments, which shall be two years, and the
student appointment, which shall be one year,
and the ex officio members, who shall serve during
the period of their tenure in their respective
state offices.
SEC. 9.5.
Section 71001 of the Education Code is amended
to read:
71001. (a) Except for the student
member and the faculty member, the terms of office
of the members of the board appointed by the Governor
shall be as follows:
(1) To the positions expiring
on December 1, 1985, the Governor shall appoint
two persons whose terms shall expire on January
15, 1989.
(2) To the positions expiring
on November 30, 1986, the Governor shall appoint
three persons whose terms shall expire on January
15, 1988; three persons whose terms shall expire
on January 15, 1990; and one person whose term
shall expire on January 15, 1991.
(3) To the position expiring
on January 2, 1987, the Governor shall appoint
one person whose term shall expire on January
15, 1991.
(4) Commencing January 15, 1987,
all terms of office of the members of the board,
except the terms of the student member and the
faculty members appointed by the Governor, shall
be four years, and, commencing January 1, 1990,
six years.
(b) Each term of office shall
commence at the expiration of the preceding term.
(c) A member whose term has
expired shall continue to discharge the duties
of office until his or her successor is appointed
by the Governor.
SEC. 10. Section
71020 of the Education Code is repealed.
SEC. 11. Section
71020 is added to the Education Code, to read:
71020. The board of governors
shall develop and submit to the Governor, every
three years, commencing July 1, 1989, an affirmative
action paper concerning its own membership, providing
the board's assessment of its role in statewide
representation of minorities, women, and the disabled.
SEC. 11.5.
Section 71020.5 is added to the Education Code,
to read:
71020.5. (a) It is the intent
of the Legislature in enacting this section to
foster the creation, implementation, and phase-in
of a comprehensive community college accountability
system which describes the performance of community
colleges in meeting the postsecondary educational
needs of students. This educational and fiscal
accountability system shall provide performance
data on students, programs, and institutions.
It is further the intent of the Legislature that
this accountability system assist all participants
in the community college system, including students,
faculty, staff, administrators, local governing
boards, the chancellor, the state board of governors,
the public, and other interested constituencies,
in identifying the educational and fiscal strengths
and weaknesses of colleges in order to improve
educational quality in community colleges.
(b) The board of governors shall
develop and implement a comprehensive community
college educational and fiscal accountability
system. In developing and implementing this system,
the board of governors shall solicit consultation
from institutional and organizational representatives
of the California Community Colleges, including
statewide faculty and staff organizations. At
a minimum, the system shall:
(1) Be consistent with the Legislature's
intent as expressed in this act, Chapter 136 of
the Statutes of 1987, and Chapter 1465 of the
Statutes of 1986.
(2) Draw from, and build upon,
the system proposed in the report entitled "AB
3409 Community College Accountability Report,"
prepared pursuant to Chapter 1465 of the Statutes
of 1986.
(3) Be designed to promote student
success in community colleges.
(4) Define and measure, quantitatively
and qualitatively, accountability information,
including:
(A) Student access to community
colleges.
(B) The extent to which the
community college student body reflects proportionately
the adult population of the state.
(C) Student transfer rates and
programs.
(D) Academic standards and student
achievement.
(E) Student goal satisfaction
and success in courses and programs.
(F) Completion rates of courses
and programs.
(G) Occupational preparation
relative to state and local workforce needs and
for entry-level employment, occupational advancement,
and career changes of students.
(H) Adequacy of basic skills
and English as a Second Language courses and instruction
in preparing students to succeed in collegiate
level work.
(I) Adequacy of and student
satisfaction with student services.
(J) The extent to which the
community college workforce reflects proportionately
the adult population of the state.
(K) Fiscal conditions of community
college districts.
(5) Be designed to streamline
the use of multiple performance measures from
appropriate sources of data, including, but not
limited to, matriculation evaluations, categorical
program evaluations, the community college management
information system, and other existing data collection
and evaluation systems.
(6) Provide feedback to individual
colleges in order to improve access to community
colleges, student performance, and educational
programs where needed.
(7) Produce a published report
of community college accountability.
(c) The Legislature finds and
declares that successful implementation of a comprehensive
educational and fiscal accountability system is,
in part, dependent upon an adequate data collection
and reporting system. The accountability system
developed and implemented pursuant to this section
shall be phased in, to the extent necessary, with
the funding and local implementation of the community
college management information system.
(d) The chancellor shall provide
a written report on the accountability system
developed pursuant to this section to the Legislature
and Governor on or before July 1, 1990. This report
shall not only delineate the accountability system
and how it would be phased in, but shall differentiate
between those portions of the system which can
be implemented without imposing additional mandates
on community college districts and those which
can be implemented when additional funds are provided
to reimburse the mandates on districts. It is
the intent of the Legislature that the accountability
system be implemented over a three-year period,
beginning not later than the 1991|92 academic
year, which will provide student performance,
program effectiveness, and institutional effectiveness
information so that the accountability system,
when fully implemented, will encompass the full
range of information for effective decision making,
planning and budgeting.
SEC. 12. Section
71023 of the Education Code is repealed.
SEC. 12.1. Section 71025 of
the Education Code is repealed.
SEC. 12.2. Section 71026 of
the Education Code is repealed.
SEC. 12.3. Section 71027 of
the Education Code is repealed.
SEC. 12.4. Section 71028 of
the Education Code is repealed.
SEC. 12.5. Section 71062 of
the Education Code is repealed.
SEC. 12.6. Section 71063 of
the Education Code is repealed.
SEC. 12.7. Section 71064 of
the Education Code is repealed.
SEC. 12.8. Section 71066 of
the Education Code is repealed.
SEC. 12.9. Section 71068 of
the Education Code is repealed.
SEC. 12.10. Section 71069 of
the Education Code is repealed.
SEC. 12.11. Section 71070 of
the Education Code is repealed.
SEC. 12.12. Section 71071 of
the Education Code is repealed.
SEC. 12.13. Section 71072 of
the Education Code is repealed.
SEC. 12.14. Section 71073 of
the Education Code is repealed.
SEC. 12.15. Section 71075 of
the Education Code is repealed.
SEC. 12.16. Section 71076 of
the Education Code is repealed.
SEC. 12.17. Section 71079 of
the Education Code is repealed.
SEC. 12.18. Section 71080 of
the Education Code is repealed.
SEC. 12.19. Section 71091 of
the Education Code is repealed.
SEC. 13. Section
71090.5 is added to the Education Code, to read:
71090.5. In addition to the
position authorized by subdivision (e) of Section
4 of Article VII of the California Constitution,
the Governor, with the recommendation of the board
of governors, shall appoint up to six deputy and
vice chancellors, who shall be exempt from state
civil service. These appointments shall not result
in any increase in funds, available for expenditure
by the board of governors in the 1989|90 fiscal
year, above the total amount available to the
board in the 1988|89 fiscal year. The appointments
shall not exceed an aggregate total of six, for
both the positions of deputy and vice chancellor.
SEC. 14. Section
72201 of the Education Code is repealed.
SEC. 14.2. Section 72230 of
the Education Code is repealed.
SEC. 14.3. Section 72231.5 of
the Education Code is repealed.
SEC. 14.4. Section 72233 of
the Education Code is repealed.
SEC. 14.5. Section 72282 of
the Education Code is repealed.
SEC. 14.6. Section 72284 of
the Education Code is repealed.
SEC. 14.7. Section 72285 of
the Education Code is repealed.
SEC. 14.8. Section 72286 of
the Education Code is repealed.
SEC. 14.9. Section 72287 of
the Education Code is repealed.
SEC. 14.10. Section 72288 of
the Education Code is repealed.
SEC. 14.11. Section 72289 of
the Education Code is repealed.
SEC. 14.12. Section 72290 of
the Education Code is repealed.
SEC. 14.13. Section 72291 of
the Education Code is repealed.
SEC. 14.14. Section 72292 of
the Education Code is repealed.
SEC. 14.15. Section 72300 of
the Education Code is repealed.
SEC. 15. Section
72411.5 of the Education Code is repealed.
SEC. 16. Section
72411.5 is added to the Education Code, to read:
72411.5. Every instructional
or student services administrator of a community
college district shall be employed, and all other
administrators of a community college may be employed,
by the governing board of the district by a contract
not to exceed four years. The contract may be
extended for periods of no more than four years
at the discretion of the governing board. However,
in the absence of an express agreement, every
administrator shall serve in his or her administrative
assignment at the pleasure of the governing board.
The dismissal of, and imposition of penalties
for cause on, an administrator employed by contract
pursuant to this section shall, if the administrator
does not have tenure as a faculty member, be in
accordance with the terms of the contract of employment.
If the administrator has tenure as a faculty member,
the dismissal of, and imposition of penalties
for cause on, the administrator shall be in accordance
with the provisions applicable to faculty members.
SEC. 16.5. Section 78200 of
the Education Code is repealed.
SEC. 17. Section
78205 of the Education Code is amended to read:
78205. The minimum requirement
for graduation from a two-year community college
course of study shall be 60 credit hours of work.
An associate degree shall be awarded to any student
who successfully completes the prescribed course
of study for the degree while maintaining the
requisite grade point average, the course of study
required for the student's major, and any required
academic elective courses.
SEC. 18. Section
78212.5 is added to the Education Code, to read:
78212.5. Each community college
district may develop and maintain all of the following
within each community college in the district:
(a) Career resource and placement
centers having the purposes of maintaining information
on vocational, technological and educational opportunities,
and facilitating career employment.
(b) Programs to instruct appropriate
staff and faculty members in the performance of
matriculation services.
(c) Orientation programs designed
to explain to new students academic requirements
and other regulations of the community college,
and the available student support services.
(d) A publicity program designed
to inform the community served by the community
college that the purposes of the mandatory matriculation
process are intended to facilitate, rather than
restrict, student access to community college
instruction, and to enhance each student's awareness
of his or her abilities, skills, and potential.
(e) A publicity program designed
to inform high schools in the community served
by the community college, through orientation
programs and other means, of student skill levels,
and of available student support services.
SEC. 19. Section
84381 of the Education Code is amended to read:
84381. There is hereby created
in the State Treasury the Community College Fund
for Instructional Improvement. The fund shall
consist of a revolving loan program and a direct
grant program to support alternative educational
programs and services within or on behalf of the
California Community Colleges, including:
(a) Nontraditional forms, content,
and methods of instruction, including, but not
limited to, the following:
(1) Instructional programs which
involve internships and experiential learning
opportunities.
(2) Individualized instructional
programs which require student development of
learning objectives through learning contracts.
(3) Instructional programs which
focus on the development of interpersonal skills.
(b) Programs for improving teaching
abilities of faculty members.
(c) Programs addressing special
learning needs of educationally disadvantaged
students.
(d) Educational services for
new clientele, including older, working adults.
(e) Efforts to improve traditional
instructional programs.
(f) Programs for the improvement
of the intellectual development of faculty and
staff, including, but not limited to, the following:
(1) Intersegmental summer programs
including research projects and seminars.
(2) College programs bringing
visiting scholars to local districts.
(3) Interdisciplinary programs
involving local non-college institutions in the
arts and sciences.
(4) Intersegmental research
and public information projects on topics of special
concern to rural and urban California regarding
the environment, social history, and culture.
(5) Summer ``bridge'' programs
for the transition period into college life.
SEC. 20. Section
847of the Education Code is amended to read:
84713. This article shall become
inoperative on July 1, 1991, and, as of January
1, 1992, is repealed, unless a later enacted statute,
which becomes effective on or before January 1,
1992, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 21. Section
84750 is added to the Education Code, to read:
84750. The board of governors,
in accordance with the statewide requirements
contained in subdivisions (a) to (j), inclusive,
and in consultation with institutional representatives
of the California Community Colleges and statewide
faculty and staff organizations, so as to ensure
their participation in the development and review
of policy proposals, shall develop criteria and
standards for the purposes of making the annual
budget request for the California Community Colleges
to the Governor and the Legislature, and for the
purpose of allocating the state general apportionment
revenues, beginning with the budget request for
the 1991|92 fiscal year. In developing the criteria
and standards, the board of governors shall utilize
and strongly consider the guidelines and work
products of the Task Force on Community College
Financing as established pursuant to Chapter 1465
of the Statutes of 1986, and shall complete the
development of these criteria and standards, accompanied
by the necessary procedures, processes, and formulas
for utilizing its criteria and standards, by March
1, 1990, and shall submit on or before that date
a report on these items to the Legislature and
the Governor. The board of governors shall develop
the criteria and standards within the following
statewide minimum requirements:
(a) The calculations of each
community college district's revenue level for
each fiscal year shall be based on the level of
general apportionment revenues (state and local)
the district received for the prior year plus
any amount attributed to a deficit of minimum
workload growth, with revenue adjustments being
made for increases or decreases in workload, for
program improvement as authorized by this section
or by any other provision of law, for inflation,
and for other purposes authorized by law.
(b) (1) For credit instruction,
the funding mechanism developed pursuant to this
section shall recognize the needs among the major
categories of operation of community colleges,
with categories established for instruction, instructional
services and libraries, student services, maintenance
and operations, and institutional support.
(2) The board of governors may
propose to the Legislature, for enactment by statute,
other cost categories when adequate data exist.
(3) Funding for noncredit classes
shall be determined as follows:
(A) The preliminary amount per
noncredit full-time equivalent student (FTES)
for 1991|92 shall be equal to the comparable amount
for 1990|91 with increases corresponding to the
cost of living adjustment (COLA) specified in
subdivision (e) and corresponding to any program
improvement provided to the maintenance and operations
category for 1991|92.
(B) Funds for maintenance and
operations shall be included in the funds derived
under paragraph (4) of subdivision (c).
(C) Funds for institutional
support will be derived as part of the computation
under paragraph (5) of subdivision (c).
(D) From the preliminary amount
described in subparagraph (A), a deduction shall
be made corresponding to the amounts derived in
subparagraphs (B) and (C), and the remainder shall
be the funded amount per noncredit FTES for 1991|92.
(E) Changes in noncredit FTES
shall result in adjustments to revenues as follows:
(i) Increases in noncredit FTES
shall result in an increase in revenues in the
year of the increase and at the average rate per
noncredit FTES.
(ii) Decreases in noncredit
FTES shall result in a revenue reduction as follows:
(I) District revenue shall be
adjusted at the average rate per noncredit FTES.
(II) Revenue adjustments shall
be over a three-year period beginning in the year
following the initial year of decrease in noncredit
FTES.
(iii) Districts shall be entitled
to restore any reductions in apportionment revenue
due to decrease in noncredit FTES during the three
years following the initial year of decrease in
noncredit FTES if there is a subsequent increase
in FTES.
(4) Except as otherwise provided
by statute, current categorical programs providing
direct services to students, including extended
opportunity programs and services, and disabled
students programs and services, shall continue
to be funded separately through the annual Budget
Act, and shall not be assumed under budget formulas
of program-based funding.
(5) District revenues shall
be determined based on systemwide funding standards
within the categories, and revenue adjustments
shall occur based on distinct measures of workload
applicable to each category.
(c) Workload measures applicable
to each category shall be established with the
following measures to be provided:
(1) For credit instruction,
the workload measure shall be the credit FTES.
Changes in credit FTES shall result in adjustments
in revenues as follows:
(A) Increases in FTES shall
result in an increase in revenues in the year
of the increase and at the statewide average per
FTES.
(B) Decreases in FTES shall
result in a revenue reduction as follows:
(i) High revenue districts (those
at the statewide average or higher) shall be adjusted
at the statewide average per FTES.
(ii) Low revenue districts (those
below the statewide average) shall be adjusted
at one-half of the district's average per FTES.
(iii) Revenue adjustments shall
be made over a three-year period beginning in
the year following the initial year of decrease
in FTES.
(C) Districts shall be entitled
to restore any reductions in apportionment revenue
due to decrease in FTES during the three years
following the initial year of decrease in FTES
if there is a subsequent increase in FTES.
(2) For instructional services
and libraries, the workload measure shall be the
credit FTES. Changes in credit FTES with respect
to instructional services and libraries shall
result in adjustments to revenues as follows:
(A) Increases in FTES shall
result in an increase in revenues in the year
of the increase and at the statewide average rate
per FTES.
(B) Decreases in FTES shall
result in a revenue reduction as follows:
(i) High revenue districts (those
at the statewide average or higher) shall be adjusted
at the full amount of the statewide average per
FTES.
(ii) Low revenue districts (those
below the statewide average) shall be adjusted
at one-half of the district's average per FTES.
(iii) Revenue adjustments shall
be made over a three-year period beginning in
the year following the initial year of decrease
in FTES.
(C) Districts shall be entitled
to restore any reductions in apportionment revenue
due to decreases in FTES during the three years
following the initial year of decreases in FTES
if there is a subsequent increase in FTES.
(3) For student services, the
workload measure shall be based on the numbers
of credit students enrolled (headcount). Changes
in headcount shall result in adjustments to revenues
as follows:
(A) Increases in headcount shall
result in an increase in revenues in the year
of the increase at the statewide average per headcount.
(B) Decreases in headcount shall
result in a revenue reduction as follows:
(i) High revenue districts (those
at the statewide average or higher) shall be adjusted
at the full amount of the statewide average per
headcount.
(ii) Low revenue districts (those
below the statewide average) shall be adjusted
at one-half of the district's average per headcount.
(iii) Revenue adjustments shall
be made over a three-year period beginning in
the year following the initial year of decrease
in headcount.
(C) Districts shall be entitled
to restore any reductions in apportionment revenue
due to decrease in headcount during the three
years following the initial year of decrease in
headcount if there is a subsequent increase in
headcount.
(4) For maintenance and operations,
the workload measure shall be based on the number
of square feet of owned or leased facilities.
Changes in the number of square feet shall be
adjusted as follows:
(A) Increases in the number
of square feet shall result in an increase in
revenue in the year that the increase occurs and
at the average per square foot.
(B) Decreases in the number
of square feet shall result in a decrease in revenue
beginning July 1 of the first full year in which
the square feet are no longer owned or leased
and at the average rate per square foot.
(5) For institutional support,
a single fixed percentage which shall apply to
all districts shall be established based on the
pattern from the most recent data. The percentage
shall be obtained from statewide data by comparing
expenditures for this category with the total
revenue for all five categories.
(d) Funding standards, subject
to the conditions and criteria of this section,
shall be established by the board for the various
categories of operation established pursuant to
subdivision (b). In consultation as required by
subdivision (e) of Section 70901, the board of
governors shall annually request program improvement
moneys to assist districts in meeting these standards.
(e) Annual revenue adjustments
shall be made to reflect cost changes, using the
Implicit Price Deflator for State and Local Government
Purchases of Goods and Services for the United
States as published by the United States Department
of Commerce, and using the ratio for the fourth
calendar quarter of the latest available year
to the fourth calendar quarter of the prior year
rounded up to the next hundredth.
(f) An adjustment for economies
of scale for districts and colleges shall be provided.
(g) The statewide increase in
workload of FTES and headcount shall be, at a
minimum, the rate of change of the adult population
as determined by the Department of Finance, and
may be increased through the budget process to
reflect such other factors as statewide priorities,
the unemployment rate, and the number of students
graduating from California high schools. The allocation
of changes on a district-by-district basis shall
be determined by the board of governors.
(h) For fiscal year 1991|92,
all districts shall receive at least the amount
of revenue to which they would have been entitled
pursuant to Article 1 (commencing with Section
84700) of Chapter 5 of Part 50. Thereafter, allocations
shall be made pursuant to this section, as implemented
by the board of governors pursuant to the annual
State Budget.
(i) Except as specifically provided
by statute, regulations of the board of governors
for determining and allocating the state general
apportionment to the community colleges shall
not require district governing boards to expend
the allocated revenues in specified categories
of operation or according to the workload measures
developed by the board of governors.
(j) As used in this section:
(1) "Criteria" means the definitions
of elements of institutional practice or activity
to be included in the categories of operation
of community college districts.
(2) "Program improvement" means
an increase in revenue which is allocated to all
districts to fund standards adopted pursuant to
subdivision (d). Program improvement also means
an increase in revenue allocated to low revenue
districts to bring them closer to the statewide
average.
(3) "Standard" means the appropriate
level of service in a category of operation of
the community college districts.
SEC. 21.7.
Section 84755 is added to the Education Code,
to read:
84755. (a) The Legislature finds
and declares that program-based funding, once
implemented, will more adequately and accountably
fund the costs of providing quality community
college education. Given that program-based funding
will not be implemented until fiscal year 1991|92,
given that community colleges will be entering
a period of major reform and incurrence of new
state mandates commencing in January 1989, and
given that community colleges will be entering
this period of reform having lost purchasing power
since the 1977|78 fiscal year, the Legislature
recognizes the need to create a transitional funding
mechanism for program improvement and mandate
funding that can operate until program-based funding
is implemented.
(b) For the purpose of improving
the quality of community college educational programs
and services, for the purpose of reimbursing state-mandated
local program costs imposed by this act, and for
the purposes of initially implementing specified
reforms, the board of governors shall, from amounts
appropriated for purposes of this section, allocate
program improvement revenues to each district
on the basis of an amount per unit of average
daily attendance generated in the 1987|88 fiscal
year. However, this amount shall be increased
or decreased to provide for equalization in a
manner determined by the Board of Governors, consistent
with the provisions of Sections 84703 to 84705,
inclusive. Each community college district shall
use its allocation to initially reimburse state-mandated
local program costs, and then to implement specified
reforms and make authorized program and service
improvements as follows:
(1) Developing articulated programs
provided for in Section 70 of Assembly Bill 1725
of the 1987|88 Regular Session of the Legislature
with school districts and campuses of the University
of California and California State University.
(2) Applying minimum qualifications
to all newly hired faculty and administrators,
including candidates for these positions as required
by Section 87356.
(3) Developing and administering
a process for waiver of minimum qualifications
as required by Section 87359.
(4) Establishing and applying
local hiring criteria as required by Section 87360.
(5) Establishing and applying
faculty service areas and competency criteria
as required by Sections 87743 to 87743.5, inclusive.
(6) Evaluating temporary employees,
instituting peer review evaluation, and widely
distributing evaluation procedures as required
by Section 87663.
(7) Establishing and applying
new processes for tenure evaluation required by
Section 87610.1.
(8) Establishing and applying
the tenure denial grievance procedure required
by Section 87610.1.
(9) Establishing and applying
a process for moving administrators into faculty
positions as required by Sections 87454 to 87458,
inclusive.
(10) Publishing and distributing
a report on the affirmative action success rate
as required by Section 87102.
(11) Improving instruction by
reducing the ratio of full-time equivalent students
to full-time equivalent instructors.
(12) Improving instruction by
increasing the hiring of full-time instructors
and limiting the practice of hiring part-time
instructors.
(13) Augmenting budgets for
college libraries and learning resources.
(14) Augmenting budgets for
plant maintenance and operations.
(15) Adding new courses or programs
to serve community need.
(16) Making progress towards
affirmative action goals and timetables established
by the district.
(17) Developing and maintaining
programs and services authorized by Section 78212.5.
(18) Augmenting budgets for
student services in the areas of greatest need.
(19) Providing for release time
for faculty and staff as deemed appropriate by
community college district governing boards, to
enable faculty and staff participation in implementing
reforms.
(c) Except as provided by Section
87482.6, and except as necessary to reimburse
the costs of new state mandates, district governing
boards shall have full authority to expend program
improvement allocations for any or all of the
authorized purposes specified in subdivision (b).
(d) As required by the board
of governors, the governing board of each community
college district shall submit to the board of
governors a plan for using the resources allocated
pursuant to this section. The board of governors
shall review each plan to ensure that proposed
expenditures are consistent with the listing of
authorized expenditures provided in this section,
and the board of governors shall approve all plans
to the full extent that expenditures are authorized
by this section. To the extent that a community
college district expends its program improvement
allocation consistent with its plan, the board
of governors shall include the district's allocation
as part of the district's base budget for subsequent
years.
(e) The board of governors,
through the annual systemwide budget submitted
pursuant to paragraph
(5) of subdivision (b) of Section
70901, shall request necessary resources for the
purposes of this section. It is the intent of
the Legislature that the appropriation and allocation
of program improvement money not otherwise provided
pursuant to subdivision (b) of this section shall
be accomplished through the annual state budget
process beginning with the 1989|90 fiscal year.
After June 30, 1991, if Section 84750 is implemented,
it is the intent of the Legislature to fund the
ongoing operations of community college districts
pursuant to the provisions of Section 84750.
SEC. 22. Section
87001 is added to the Education Code, to read:
87001. The board of governors
shall adopt regulations defining positions subject
to minimum qualifications as set forth in subdivisions
(a), (b), and (c). Unless and until amended pursuant
to Section 87357, the regulations shall initially
establish the definitions as the following:
(a) "Administrator" means any
person employed by the governing board of a community
college district in a supervisory or management
position as defined in Article 5 (commencing with
Section 3540) of Chapter 10.7 of Division 4 of
Title 1 of the Government Code.
(b) "Instructional or student
services administrator" means an administrator
who is employed in a position designated by the
governing board of the district as having direct
responsibility for supervising the operation of
or formulating policy regarding the instructional
or student services program of the college or
district. Instructional and student services administrators
include, but are not limited to, chancellors,
presidents, and instructional or student services
managers.
(c) "Faculty" means those employees
of a community college district who are employed
in positions that are not designed as supervisory
or management for the purposes of Article 5 (commencing
with Section 3540) of Chapter 10.7 of Division
4 of Title 1 of the Government Code and for which
minimum qualifications for hire have been specified
in the regulations of the board of governors adopted
pursuant to subdivision (a) of Section 87356.
Faculty include, but are not limited to, instructors,
librarians, counselors, community college health
services professionals, handicapped student programs
and services professionals, extended opportunity
programs and services professionals, and individuals
employed to perform a service that, before July
1, 1990, required non-supervisorial, non-management
certification qualifications.
SEC. 23. Section
87102 of the Education Code is amended to read:
87102. (a) The governing board
of each community college district shall periodically
submit, to the Board of Governors of the California
Community Colleges an affirmation of compliance
with the provisions of this article. The affirmative
action employment program shall have goals that
ensure participation in, and commitment to, the
program by district personnel, and timetables,
for its implementation. The affirmative action
plan shall include steps that the district will
take in meeting and improving hiring goals for
both full-time faculty and part-time faculty pursuant
to Section 87482.6, and the development of the
plan shall be a condition for receipt of allowances
pursuant to that section. The governing board
of each community college district shall be held
accountable pursuant to this article and other
applicable provisions of law for the success or
failure of its affirmative action employment program.
The plans shall be a public record within the
meaning of the California Public Records Act (Chapter
3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code).
(b) The governing board of each
community college district shall publish and distribute
a record of the success rate of measurable progress,
with respect to its goals and timetables, in hiring
employees through its affirmative action employment
program. This publication shall be a public record
within the meaning of the California Public Records
Act, and shall include data and information specified
by the board of governors.
SEC. 24. Section
87104 of the Education Code is amended to read:
87104. (a) The Board of Governors
of the California Community Colleges, out of funds
appropriated for these purposes,
(1) shall provide assistance
to local community colleges in adopting and maintaining
high-quality affirmative action programs;
(2) report to the Legislature
regarding the number of districts which have adopted
and are maintaining affirmative action programs,
including the effectiveness of the programs in
meeting the intent of this article;
(3) develop and disseminate
to public community college districts guidelines
to assist these agencies in developing and implementing
affirmative action employment programs; and
(4) shall establish a technical
assistance team to review the affirmative action
plan of each community college district which
fails to make measurable progress in meeting the
goals and timetables of its adopted plan. The
technical assistance team shall recommend appropriate
actions to assure reasonable progress in improving
success rates. The board of governors shall prescribe
those conditions necessary to assure reasonable
progress and otherwise meet the legal requirements
of affirmative action. The conditions may include
the withholding of allowances made pursuant to
Sections 87482.6 and 87107.
(b) The board of governors shall
establish, by July 1, 1989, within the chancellor's
office or through other means as deemed necessary,
a major service function to assist community college
districts in identifying, locating, and recruiting
qualified members of underrepresented groups,
and in establishing and maintaining effective
affirmative action hiring procedures.
(c) The board of governors shall,
by March 15, 1989, develop and adopt a systemwide
plan for strengthening faculty and staff affirmative
action policies and programs in the California
Community Colleges.
SEC. 25. Section
87107 is added to the Education Code, to read:
87107. (a) There is hereby created
in the State Treasury a fund which shall be known
as the Faculty and Staff Diversity Fund. The money
in the fund shall be available to the board of
governors upon appropriation by the Legislature
for the purpose of enabling the California Community
Colleges as a system to address the goal that
by the year 2005 the system's work force will
reflect proportionately the adult population of
the state. For the purpose of administering this
fund, the board of governors shall develop and
apply availability data and factors for measuring
district progress in contributing to this goal
for the system. Also for the purpose of administering
this fund, it is the intent of the Legislature
that the board of governors take the steps which
are necessary to reach the goal that by fiscal
year 1992|93, percent of all new hires in the
California Community Colleges as a system will
be ethnic minorities.
(b) By December 1, 1993, the
board of governors shall report upon and assess
the extent to which the California Community Colleges
as a system have met or begun to meet the goals
specified in this section. The report shall include
conclusions regarding any necessary revisions
to these goals. Unless provided otherwise by the
Legislature by statute, the board of governors
may, on or after September 30, 1994, adopt regulations
to revise these goals.
(c) The board of governors shall
utilize up to 25 percent of the fund to do all
of the following:
(1) Reimburse districts for
the costs of publishing, distributing, and reporting
affirmative action success rates as provided in
Section 87102.
(2) Reimburse districts for
the cost of preparing and updating affirmative
action plans.
(3) Carry out the assistance,
service, monitoring, and compliance functions
specified in Section 87104.
(d) The remainder of the fund
shall be allocated to districts, in accordance
with regulations of the board of governors, to
provide for extended outreach and recruitment
of underrepresented groups, for incentives to
hire members of underrepresented groups, for in-service
training and for other related staff diversity
programs.
(e) It is the intent of the
Legislature that the board of governors, in administering
this fund, shall, pursuant to the provisions of
this article, give funding priority and shall
afford flexibility and discretion in the use of
these funds to districts which have made or are
making reasonable progress in contributing to
the achievement of the goals of this fund.
SEC. 26. Article
5 (commencing with Section 87150) is added to
Chapter 1 of Part 51 of the Education Code, to
read:
Article 5. Community College
Faculty and Staff Development Fund
87150. There is hereby created
in the State Treasury the Community College Faculty
and Staff Development Fund, to be administered
by the Board of Governors of the California Community
Colleges, the purpose of which is to provide state
general funds to community colleges for supporting
locally developed and implemented faculty and
staff development programs.
87151. The Board of Governors
of the California Community Colleges shall annually
allocate funds appropriated for the purposes of
this article to each community college district
whose chief executive officer has submitted to
the chancellor an affidavit which includes:
(a) A statement that each campus
within the district has an advisory committee,
composed of administrators, faculty, and staff
representatives, which has assisted in the assessment
of the faculty and staff development needs and
in the design of the plan to meet those needs.
(b) A campus human development
resources plan has been completed for the current
and subsequent fiscal years.
(c) A report of the actual expenditures
for faculty and staff development for the preceding
year.
87152. (a) The initial allocation
to each district, from funds appropriated by the
Legislature therefor, shall be an amount equivalent
to one-half of one percent of the fiscal year
revenues, as defined by Section 84700, received
by the district, for the 1987|88 fiscal year.
(b) In subsequent fiscal years,
no district shall receive an allocation greater
than 2 percent of its fiscal year revenues, as
defined in Section 84700, for the prior fiscal
year.
87153. The authorized uses of
funds allocated under this article shall include
all of the following:
(a) Improvement of teaching.
(b) Maintenance of current academic
and technical knowledge and skills.
(c) In-service training for
vocational education and employment preparation
programs.
(d) Retraining to meet changing
institutional needs.
(e) Intersegmental exchange
programs.
(f) Development of innovations
in instructional and administrative techniques
and program effectiveness.
(g) Computer and technological
proficiency programs.
(h) Courses and training implementing
affirmative action and upward mobility programs.
(i) Other activities determined
to be related to educational and professional
development pursuant to criteria established by
the Board of Governors of the California Community
Colleges, including, but not necessarily limited
to, programs designed to develop self-esteem.
87154. This article shall be
operative during any fiscal year only if funds
are provided therefor in the annual Budget Act
for that fiscal year or other legislation.
SEC. 27. Chapter
2 (commencing with Section 87200) of Part 51 of
the Education Code is repealed.
SEC. 28. Chapter
2.5 (commencing with Section 87350) is added to
Part 51 of the Education Code, to read:
Article 1. General Provisions
87350. The plan for a new mechanism
of faculty qualifications being developed by the
Chancellor of the California Community Colleges
pursuant to Chapter 1465 of the Statutes of 1986
shall include all of the following:
(a) A transition provision which
would grandfather existing bargaining unit definitions.
(b) Consideration of projected
California demographics.
(c) Consideration of affirmative
action policies and programs.
Article 2. Minimum Qualifications
and Hiring Criteria
87355. Any person employed under
a credential as of June 30, 1990, including an
instructor, librarian, counselor, student personnel
worker, supervisor, administrator, or chief administrative
officer, shall be entitled to serve under the
terms of that credential until it terminates,
and during the period the credential is effective,
shall not be required to meet the minimum qualifications
applicable after July 1, 1990. The board of governors
shall adopt regulations as necessary to implement
this exemption within 120 days of the effective
date of this act.
87356. (a) The board of governors
shall adopt regulations to establish and maintain
the minimum qualifications for hire as a community
college faculty member. Unless and until amended
pursuant to the process described in Section 87357,
the regulations shall establish the minimum qualifications
for hire as a community college faculty member
teaching any credit course, as any of the following:
(1) Possession of a master's
degree from an accredited institution, or equivalent
foreign degree, in the discipline of the faculty
member's assignment.
(2) Possession of a master's
degree from an accredited institution, or equivalent
foreign degree, in a discipline reasonably related
to the faculty member's assignment and possession
of a bachelor's degree from an accredited institution,
or equivalent foreign degree, in the discipline
of the faculty member's assignment.
(3) For faculty assigned to
teach courses in disciplines where the master's
degree is not generally expected or available,
which are, generally, disciplines in specialized
technical, trade, or industrial fields, either
of the following:
(A) Possession of a bachelor's
degree from an accredited institution, or equivalent
foreign degree, in a discipline reasonably related
to the faculty member's assignment, plus two years
of professional experience, plus appropriate certification
to practice or licensure or its equivalent, if
available.
(B) Possession of an associate
degree from an accredited institution in a discipline
reasonably related to the faculty member's assignment,
plus six years of professional experience, plus
appropriate certification to practice or licensure
or its equivalent, if available.
(b) The board of governors shall
adopt regulations establishing appropriate minimum
qualifications for extended opportunity programs
and services workers, pursuant to Section 69648.7.
(c) The board of governors shall
adopt regulations establishing appropriate minimum
qualifications for handicapped student programs
and services workers, pursuant to Section 78440.5.
(d) The board of governors shall
adopt regulations to establish and maintain the
minimum qualifications for hire as an instructional
or student services administrator. Unless and
until amended pursuant to the process described
in Section 87357, the regulations shall establish
the minimum qualifications for hire as an instructional
or student services administrator as all of the
following:
(1) Possession of a master's
degree.
(2) One year of formal training,
internship, or leadership experience reasonably
related to the administrator's administrative
assignment, which may, but need not be, concurrent
with the required full-time service.
(e) The Legislature finds and
declares that this section does not create a state-mandated
local program cost because compensation of faculty
will continue to be determined through the collective
bargaining process or meet and confer sessions.
87357. (a) In establishing and
maintaining minimum qualifications pursuant to
Section 87356, the board of governors shall do
all of the following:
(1) With regard to minimum qualifications
for faculty, consult with, and rely primarily
on the advice and judgment of, the statewide Academic
Senate, and with regard to minimum qualifications
for instructional or student service administrators,
consult with, and rely primarily on the advice
and judgment of, an appropriate statewide organization
of administrators. In either case, the board of
governors shall provide a reasonable opportunity
for comment by other statewide representative
groups.
(2) The board of governors shall
establish a process to review at least every three
years the continued appropriateness of the minimum
qualifications, and the adequacy of the means
by which they are administered. The process shall
provide for the appointment of a representative
group of community college faculty, administrators,
students, and trustees to conduct or otherwise
assist in the review, including particularly,
representatives of academic senates, collective
bargaining organizations, and statewide faculty
associations. In addition, the group shall be
broadly representative of academic and vocational
programs in the curriculum from both urban and
rural districts, and representative of ethnic
minority communities.
(b) The board of governors,
relying primarily upon the advice and judgment
of the statewide Academic Senate, shall prescribe
by regulation a working definition of the term
"discipline" and shall prepare and maintain a
list of disciplines that are "reasonably related"
to one another, as that phrase is used in the
minimum qualifications. The initial list shall
be distributed to the community college districts
by July 1, 1989, for their use in applying the
minimum qualifications for hire. In formulating
advice and recommendations to the board of governors
regarding the definition of the term "discipline,"
the statewide Academic Senate shall consult with
appropriate statewide organizations representing
administrators and faculty collective bargaining
agents. The statewide Academic Senate shall incorporate
the advice of those groups into its recommendations
to the board of governors, particularly as it
relates to the practical ramifications of any
proposed definition of the term "discipline" on
issues of reassignment, transfer, and reduction
in force. The board of governors, relying primarily
upon the advice and judgment of the statewide
Academic Senate, shall prepare and maintain a
list of disciplines in which the master's degree
is not generally expected or available. The initial
list shall be distributed to the community college
districts by July 1, 1989, for their use in applying
the minimum qualifications for hire.
87358. The board of governors
shall periodically designate a team of community
college faculty, administrators, and trustees
to review each community college district's application
of minimum qualifications to faculty and administrators.
87359. The board of governors
shall adopt regulations setting forth a process
authorizing local governing boards to employ faculty
members, instructional administrators, and student
services administrators who do not meet the applicable
minimum qualifications specified in the regulations
adopted by the board pursuant to Section 87356.
Unless and until amended pursuant to the process
described in Section 87357, the regulations shall
require all of the following:
(a) No one may be hired to serve
as a community college faculty member, instructional
administrator, or student services administrator
under the authority granted by the regulations
unless the governing board determines that he
or she possesses qualifications that are at least
equivalent to the minimum qualifications specified
in regulations of the board adopted pursuant to
Section 87356. The criteria used by the governing
board in making the determination shall be reflected
in the governing board's action employing the
individual.
(b) The process, as well as
criteria and standards by which the governing
board reaches its determinations, shall be developed
and agreed upon jointly by representatives of
the governing board and the academic senate, and
approved by the governing board. The agreed upon
process shall include reasonable procedures to
ensure that the governing board relies primarily
upon the advice and judgment of the academic senate
to determine that each individual employed under
the authority granted by the regulations possesses
qualifications that are at least equivalent to
the applicable minimum qualifications specified
in regulations adopted by the board of governors.
The process shall further require that the governing
board provide the academic senate with an opportunity
to present its views to the governing board before
the board makes a determination; and that the
written record of the decision, including the
views of the academic senate, shall be available
for review pursuant to Section 87358.
(c) Until a joint agreement
is reached and approved pursuant to subdivision
(b), the district process in existence on January
1, 1989, shall remain in effect. 87359.5. By May
1, 1989, the board of governors shall have reviewed
or contracted for review of, the job relevance
of the requirements of Sections 87408, 87408.5,
87408.6, and any other physical fitness tests
or examinations, and other conditions of employment,
applicable to community college personnel.
Article 3. Hiring Criteria
87360. (a) In establishing hiring
criteria for faculty and administrators, district
governing boards shall, no later than July 1,
1990, develop criteria that include a sensitivity
to and understanding of the diverse academic,
socioeconomic, cultural, disability, and ethnic
backgrounds of community college students.
(b) No later than July 1, 1990,
hiring criteria, policies, and procedures for
new faculty members shall be developed and agreed
upon jointly by representatives of the governing
board, and the academic senate, and approved by
the governing board.
(c) Until a joint agreement
is reached and approved pursuant to subdivision
(b), the existing district process in existence
on January 1, 1989, shall remain in effect.
SEC. 29. Section
87454 of the Education Code is amended to read:
87454. A tenured employee, when
assigned from a faculty position to an administrative
position, or assigned any special or other type
of work, or given special classification or designation,
shall retain his or her status as a tenured faculty
member.
SEC. 30. Section
87455 of the Education Code is repealed.
SEC. 31. Section
87456 of the Education Code is repealed.
SEC. 32. Section
87457 of the Education Code is amended to read:
87457. Whenever a person employed
in an administrative position is assigned to a
faculty position, the governing board of the community
college district shall give the employee, when
requested by him or her, a written statement of
the reasons for the transfer.
SEC. 33. Section
87458 of the Education Code is repealed.
SEC. 34. Section
87458 is added to the Education Code, to read:
87458. A person employed in
an administrative position that is not part of
the classified service, who has not previously
acquired tenured status as a faculty member in
the same district, shall have the right to become
a first year probationary faculty member once
his or her administrative assignment expires or
is terminated if all of the following apply:
(a) The process by which the
governing board reaches the determination shall
be developed and agreed upon jointly by representatives
of the governing board and the academic senate,
and approved by the governing board. The agreed
upon process shall include reasonable procedures
to ensure that the governing board relies primarily
upon the advice and judgment of the academic senate
to determine that the administrator possesses
the minimum qualifications for employment as a
faculty member. The process shall further require
that the governing board provide the academic
senate with an opportunity to present its views
to the governing board before the board makes
a determination; and that the written record of
the decision, including the views of the academic
senate, shall be available for review pursuant
to Section 87358.
(b) Until a joint agreement
is reached pursuant to subdivision (a), the district
process in existence on January 1, 1989, shall
remain in effect.
(c) The administrator has completed
at least two years of satisfactory service, including
any time previously served as a faculty member,
in the district.
(d) The termination of the administrative
assignment is for any reason other than dismissal
for cause.
SEC. 35. Section
87482.6 is added to the Education Code, to read:
87482.6. (a) Until the provisions
of Section 84750 regarding program-based funding
are implemented by a standard adopted by the board
of governors that establishes the appropriate
percentage of hours of credit instruction that
should be taught by full-time instructors, the
Legislature wishes to recognize and make efforts
to address longstanding policy of the board of
governors that at least 75 percent of the hours
of credit instruction in the California Community
Colleges, as a system, should be taught by full-time
instructors. To this end, community college districts
which have less than 75 percent of their hours
of credit instruction taught by full-time instructors
shall apply a portion of the program improvement
allocation received pursuant to Section 84755
as follows:
(1) Districts which, in the
prior fiscal year, had between 67 percent and
75 percent of their hours of credit instruction
taught by full-time instructors shall apply up
to 33 percent of their program improvement allocation
as necessary to reach the 75 percent standard.
If a district in this category chooses instead
not to improve its percentage, the board of governors
shall withhold 33 percent of the district's program
improvement allocation.
(2) Districts which, in the
prior fiscal year, had less than 67 percent of
their hours of credit instruction taught by full-time
instructors shall apply up to percent of their
program improvement allocation as necessary to
reach the 75 percent standard. If a district in
this category chooses instead not to improve its
percentage, the board of governors shall withhold
percent of the district's program improvement
allocation. Districts which maintain 75 percent
or more of their hours of credit instruction taught
by full-time instructors shall otherwise be free
to use their program improvement allocation for
any of the purposes specified in Section 84755.
(b) The board of governors shall
adopt regulations for the effective administration
of this section. Unless and until amended by the
board of governors, the regulations shall provide
as follows:
(1) In computing the percentage
of hours of credit instruction taught by full-time
instructors, the hours of overload teaching by
full-time instructors shall be excluded from both
the total hours of credit instruction taught by
full-time and part-time instructors and the total
hours of instruction taught by full-time instructors.
(2) A full-time instructor shall
be defined as any regular and contract faculty
member teaching credit instruction.
(3) The chancellor shall compute
and report to each community college district
the number of full-time faculty (FTF) which are
to be secured through the use of the prescribed
portion of program improvement revenue allocated
to each district. This computation shall be made
by dividing the applicable portion of program
improvement revenue (0 percent, 33 percent, or
40 percent of the program improvement allocation),
by the statewide average "replacement cost" (a
figure which represents the statewide average
faculty salary plus benefits, minus the statewide
average hourly rate of compensation for part-time
instructors times the statewide average full-time
teaching load). If the quotient is not a whole
number, then the quotient shall be rounded down
to the nearest whole number. If this quotient,
once applied, will result in the district exceeding
the 75 percent standard, the chancellor shall
further reduce the quotient to a whole number
that will leave the district as close as possible
to, but in excess of, the 75 percent standard.
By March 15th of each year, the chancellor shall
report to each district an estimate of the number
of FTF to be secured based upon the appropriation
of revenues contained in the annual Budget Bill.
(4) On or before December 31,
1991, the chancellor shall determine the extent
to which each district, by September 30, 1991,
has hired the number of FTF determined pursuant
to paragraph (3) for the 1989|90 and 1990|91 fiscal
years. To the extent that the cumulative number
of FTF have not been retained, the chancellor
shall reduce the district's base budget for 1991|92
and subsequent fiscal years by an amount equivalent
to the average replacement cost times the deficiency
in the number of FTF.
SEC. 36. Section
87602 of the Education Code is amended to read:
87602. For the purposes of other
provisions of law:
(a) A contract employee is a
probationary employee.
(b) A regular or tenured employee
is a permanent employee.
SEC. 37. Section
87605 of the Education Code is repealed.
SEC. 38. Section
87605 is added to the Education Code, to read:
87605. The governing board of
a district shall employ faculty for the first
academic year of his or her employment by contract.
Any person who, at the time an employment contract
is offered to him or her by the district, is neither
a tenured employee of the district nor a probationary
employee then serving under a second or third
contract entered into pursuant to Section 87608
shall be deemed to be employed for "the first
academic year of his or her employment." A faculty
member shall be deemed to have completed his or
her first contract year if he or she provides
service for 75 percent of the first academic year.
SEC. 39. Section
87608 of the Education Code is repealed.
SEC. 40. Section
87608 is added to the Education Code, to read:
87608. If a contract employee
is working under his or her first contract, the
governing board, at its discretion and not subject
to judicial review except as expressly provided
in Sections 87610.1 and 87611, shall elect one
of the following alternatives:
(a) Not enter into a contract
for the following academic year.
(b) Enter into a contract for
the following academic year.
(c) Employ the contract employee
as a regular employee for all subsequent academic
years.
SEC. 41. Section
87608.5 is added to the Education Code, to read:
87608.5. If a contract employee
is working under his or her second contract, the
governing board, at its discretion and not subject
to judicial review except as expressly provided
in Sections 87610.1 and 87611, shall elect one
of the following alternatives:
(a) Not enter into a contract
for the following academic year.
(b) Enter into a contract for
the following two academic years.
(c) Employ the contract employee
as a regular employee for all subsequent academic
years.
SEC. 42. Section
87609 of the Education Code is repealed.
SEC. 43. Section
87609 is added to the Education Code, to read:
87609. If a contract employee
is employed under his or her third consecutive
contract entered into pursuant to Section 87608.5,
the governing board shall elect one of the following
alternatives:
(a) Employ the probationary
employee as a tenured employee for all subsequent
academic years.
(b) Not employ the probationary
employee as a tenured employee.
SEC. 44. Section
876of the Education Code is repealed.
SEC. 45. Section
876is added to the Education Code, to read: 87610.
(a) The governing board shall
give written notice of its decision under Section
87608 or 87608.5 and the reasons therefor to the
employee on or before March of the academic year
covered by the existing contract. The notice shall
be by registered or certified mail to the most
recent address on file with the district personnel
office. Failure to give the notice as required
to a contract employee under his or her first
or second contract shall be deemed an extension
of the existing contract without change for the
following academic year.
(b) The governing board shall
give written notice of its decision under Section
87609 and the reasons therefor to the employee
on or before March of the last academic year covered
by the existing contract. The notice shall be
by registered or certified mail to the most recent
address on file with the district personnel office.
Failure to give the notice as required to a contract
employee under his or her third consecutive contract
shall be deemed a decision to employ him or her
as a regular employee for all subsequent academic
years.
SEC. 46. Section
87610.1 is added to the Education Code, to read:
87610.1. (a) In those districts
where tenure evaluation procedures are collectively
bargained pursuant to Section 3543 of the Government
Code, the faculty's exclusive representative shall
consult with the academic senate prior to engaging
in collective bargaining on these procedures.
(b) Allegations that the community
college district, in a decision to grant tenure,
made a negative decision that to a reasonable
person was unreasonable, or violated, misinterpreted,
or misapplied, any of its policies and procedures
concerning the evaluation of probationary employees
shall be classified and procedurally addressed
as grievances. Allegations that the community
college district in a decision to reappoint a
probationary employee violated, misinterpreted,
or misapplied any of its policies and procedures
concerning the evaluation of probationary employees
shall be classified and procedurally addressed
as grievances. If there is no contractual grievance
procedure resulting in arbitration, these allegations
shall proceed to hearing in accordance with Section
87740. Arbitration as used in this section refers
to advisory arbitration, as well as final and
binding arbitration.
(c) Any grievance brought pursuant
to the provisions of subdivision (b) may be filed
by an employee on his or her behalf, or by the
exclusive bargaining representative on behalf
of an employee or a group of employees in accordance
with Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code.
The exclusive representative shall have no duty
of fair representation with respect to taking
any of these grievances to arbitration, and the
employee shall be entitled to pursue a matter
to arbitration with or without the representation
by the exclusive representative. However, if a
case proceeds to arbitration with representation
by the exclusive representative, the resulting
decision shall not be considered a precedent for
purposes of interpreting tenure procedures and
policies, or the collective bargaining agreement,
but instead shall affect only the result in that
particular case. When arbitrations are not initiated
by the exclusive representative, the district
shall require the employee submitting the grievance
to file with the arbitrator or another appropriate
party designated in the collective bargaining
agreement, adequate security to pay the employee's
share of the cost of arbitration.
(d) The arbitrator shall be
without power to grant tenure, except for failure
to give notice on or before March 15 pursuant
to subdivision (b) of Section 87610. The arbitrator
may issue an appropriate make-whole remedy, which
may include, but need not be limited to, back
pay and benefits, reemployment in a probationary
position, and reconsideration. Procedures for
reconsideration of decisions not to grant tenure
shall be agreed to by the governing board and
the exclusive representative of faculty pursuant
to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code.
(e) Any employees who are primarily
engaged in faculty or other bargaining unit duties,
who perform "supervisory" or "management" duties
incidental to their performance of primary professional
duties shall not be deemed supervisory or managerial
employees as those terms are defined in Section
3540.1 of the Government Code, because of those
duties. These duties include, but are not limited
to, serving on hiring, selection, promotion, evaluation,
budget development, and affirmative action committees,
and making effective recommendations in connection
with these activities. These employees whose duties
are substantially similar to those of their fellow
bargaining unit members shall not be considered
supervisory or management employees.
SEC. 47. Section
87611 of the Education Code is repealed.
SEC. 48. Section
87611 is added to the Education Code, to read:
87611. A final decision reached
following a grievance or hearing conducted pursuant
to subdivision
(b) of Section 87610.1 shall
be subject to judicial review pursuant to Section
1094.5 of the Code of Civil Procedure.
SEC. 49. Section
87615 is added to the Education Code, to read:
87615. Commencing July 1, 1990,
the minimum degree requirement for tenure as a
community college faculty member shall be a bachelor's
degree or equivalent from an accredited institution,
or an equivalent foreign degree, as determined
by the board of governors, except that in the
case of vocational faculty, this requirement shall
commence January 1, 1994. The board of governors
shall monitor the effects and anticipated effects
of this provision upon hiring practices within
the districts, analyze the results, and make a
report and recommendation to the Legislature no
later than January 1, 1993. The governing board
may grant tenure to faculty members who do not
meet the minimum degree requirement for tenure
specified in this section if both of the following
are met:
(a) The governing board determines
that rare and compelling reasons exist justifying
the action. The reasons for the governing board's
determination shall be reflected in its action
granting tenure to the individual.
(b) The process by which the
governing board reaches the determination has
been developed and agreed upon jointly by representatives
of the governing board and the academic senate,
and approved by the governing board. The agreed
upon process shall include reasonable procedures
to ensure that the governing board relies primarily
upon the advice and judgment of the academic senate
to determine that rare and compelling reasons
exist to grant tenure. The process shall further
require that the governing board provide the academic
senate with an opportunity to present its views
to the governing board before the board makes
a determination; and that the written record of
the decision, including the views of the academic
senate, shall be available for review pursuant
to Section 87358.
(c) Until a joint agreement
is reached pursuant to subdivision (b), the district
process in existence on January 1, 1989, shall
remain in effect.
SEC. 51. Section
87663 of the Education Code is amended to read:
87663. (a) Contract employees
shall be evaluated at least once in each academic
year. Regular employees shall be evaluated at
least once in every three academic years. Temporary
employees shall be evaluated within the first
year of employment. Thereafter, evaluation shall
be at least once every six regular semesters,
or once every nine regular quarters, as applicable.
(b) Whenever an evaluation is
required of a certificated employee by a community
college district, the evaluation shall be conducted
in accordance with the standards and procedures
established by the rules and regulations of the
governing board of the employing district.
(c) Evaluations shall include,
but not be limited to, a peer review process.
(d) The peer review process
shall be on a departmental or divisional basis,
and shall address the forthcoming demographics
of California, and the principles of affirmative
action. The process shall require that the peers
reviewing are both representative of the diversity
of California and sensitive to affirmative action
concerns, all without compromising quality and
excellence in teaching.
(e) The Legislature recognizes
that faculty evaluation procedures may be negotiated
as part of the collective bargaining process.
(f) In those districts where
faculty evaluation procedures are collectively
bargained, the faculty's exclusive representative
shall consult with the academic senate prior to
engaging in collective bargaining regarding those
procedures.
(g) It is the intent of the
Legislature that faculty evaluation include, to
the extent practicable, student evaluation.
(h) A probationary faculty member
shall be accorded the right to be evaluated under
clear, fair, and equitable evaluation procedures
locally defined through the collective bargaining
process where the faculty has chosen to elect
an exclusive representative. Those procedures
shall ensure good-faith treatment of the probationary
faculty member without according him or her de
facto tenure rights.
(i) Governing boards shall establish
and disseminate written evaluation procedures
for administrators. It is the intent of the Legislature
that evaluation of administrators include, to
the extent possible, faculty evaluation.
SEC. 51.5.
Section 87743of the Education Code is amended
to read:
87743. No tenured employee shall
be deprived of his or her position for causes
other than those specified in Sections 87453,
87467, and 87484, and Sections 87732 to 87739,
inclusive, and no probationary employee shall
be deprived of his or her position for cause other
than as specified in Section 87740 except in accordance
with the provisions of Section 87463 and Sections
87743 to 87762, inclusive.
Whenever in any school year
the average daily attendance in all of the schools
of a district for the first six months in which
school is in session shall have declined below
the corresponding period of either of the previous
two school years, or whenever a particular kind
of service is to be reduced or discontinued not
later than the beginning of the following school
year, and when in the opinion of the governing
board of the district it shall have become necessary
by reason of either of these conditions to decrease
the number of tenured employees in the district,
the governing board may terminate the services
of not more than a corresponding percentage of
the employees of the district, tenured as well
as probationary, at the close of the school year.
However, the services of no tenured employee may
be terminated under this section while any probationary
employee, or any other employee with less seniority,
is retained to render a service in a faculty service
area in which the records of the district maintained
pursuant to Section 87743.4 reflect that the tenured
employee possesses the minimum qualifications
prescribed by the board of governors and is competent
to serve under district competency criteria.
Notice of the termination of
services either for a reduction in attendance
or reduction or discontinuance of a particular
kind of service to take effect not later than
the beginning of the following school year, shall
be given before the 15th of May in the manner
prescribed in Section 87740 and services of the
employees shall be terminated in the inverse of
the order in which they were employed, as determined
by the board in accordance with Sections 87413
and 87414. In the event that a tenured or probationary
employee is not given the notices and a right
to a hearing as provided for in Section 87740,
he or she shall be deemed reemployed for the ensuing
school year.
The board shall make assignments
and reassignments in a manner that employees shall
be retained to render any service which their
seniority and qualifications entitle them to render.
SEC. 52. Section
87743.1 is added to the Education Code, to read:
87743.1. As used in this chapter,
"faculty service area" means a service or instructional
subject area or group of related services or instructional
subject areas performed by faculty and established
by a community college district.
SEC. 53. Section
87743.2 is added to the Education Code, to read:
87743.2. Not later than July
1, 1990, each community college district shall
establish faculty service areas. The establishment
of faculty service areas shall be within the scope
of meeting and negotiating pursuant to Section
3543.2 of the Government Code. The exclusive representative
shall consult with the academic senate in developing
its proposals.
SEC. 54. Section
87743.3 is added to the Education Code, to read:
87743.3. Each faculty member
shall qualify for one or more faculty service
areas at the time of initial employment. A faculty
member shall be eligible for qualification in
any faculty service area in which the faculty
member has met both minimum qualifications pursuant
to Section 87356 and district competency standards.
After initial employment, a faculty member may
apply to the district to add faculty service areas
for which the faculty member qualifies. The application
shall be received by the district on or before
February 15 in order to be considered in any proceeding
pursuant to Section 87743 during the academic
year in which the application is received. Any
dispute arising from an allegation that a faculty
member has been improperly denied a faculty service
area shall be classified and procedurally addressed
as a grievance. If the district has no grievance
procedure, fair and equitable procedures for the
resolution of the disputes shall be developed
by the academic senate and representatives of
the governing board.
SEC. 55. Section
87743.4 is added to the Education Code, to read:
87743.4. Each district shall
maintain a permanent record for each faculty member
employed by the district of each faculty service
area for which the faculty member possesses the
minimum qualifications for service and in which
he or she has established competency pursuant
to district competency standards. The record shall
be contained in the faculty member's personnel
file.
SEC. 56. Section
87743.5 is added to the Education Code, to read:
87743.5. To determine competency
to serve in a faculty service area for the purposes
of Section 87743, each community college district
shall, not later than July 1, 1990, establish
competency criteria for faculty members employed
by the district. The development and establishment
of such competency criteria shall be within the
scope of meeting and negotiating pursuant to Section
3543 of the Government Code.
SEC. 57. The
Board of Governors of the California Community
Colleges shall conduct a thorough review of all
statutes affecting the administration and operation
of the California Community Colleges, and recommend
to the Legislature the amendment or repeal of
those provisions affected by this act. The review
shall be submitted to the Legislature no later
than January 31, 1989.
SEC. 58. The
Board of Governors of the California Community
Colleges shall review the Education Employment
Relations Act, Chapter 10.7 (commencing with Section
3540) of Division 4 of Title 1 of the Government
Code, with regard to the delineation of roles
and responsibilities of the academic senate and
the faculty bargaining agents, especially in light
of proposed changes in the role of faculty concerning
hiring, peer review and evaluation, and curricular
design. The results of this review including the
recommendations of the board of governors shall
be submitted to the Legislature no later than
January 1, 1993. The board of governors shall
convene a committee, for the purpose of conducting
the review. The committee shall include representatives
from faculty and employee groups, collective bargaining
organizations, and academic senates. This section
shall become operative only if funds are specifically
appropriated to the board of governors for purposes
of this section.
SEC. 59. The
California Postsecondary Education Commission
and the State Department of Education shall jointly
agree on a coordinated research framework to be
utilized by each agency in a review of the programs
in English as a second language offered through
the California Community Colleges, the University
of California, the California State University,
and adult education programs, and of the future
educational needs in this area, and to report
its recommendations for programs of effective
cooperation between those institutions in this
respect. The California Postsecondary Education
Commission shall have responsibility for reviewing
the programs of the postsecondary segments and
the State Department of Education shall have responsibility
for reviewing the programs offered by school districts.
Both the commission and the State Department of
Education shall report the results of their review
to the Legislature no later than January 1, 1990.
The purpose of the study provided for under this
section shall be to assess the ongoing role of
the California Community Colleges, in relation
to the respective roles of the University of California
and the California State University in conducting
programs in English as a second language. This
section shall become operative only if funds are
specifically appropriated for the purposes of
conducting the work specified in this section.
SEC. 60. The
Chancellor of the California Community Colleges
shall conduct a study, with the participation
of one or more community college districts, on
the feasibility of establishing, on a pilot basis,
``interdisciplinary colleges'' within selected
community colleges with a special concern with
the integration of vocational and academic study.
The study shall include exploration of the possibilities,
through the establishment of these colleges, of
the integration of work experience and study,
and the provision of a more cooperative learning
environment as a model for all colleges. On or
before January 1, 1990, the chancellor shall submit
to the Legislature a report summarizing the findings
and recommendations which result from the study
conducted pursuant to this section. This section
shall become operative only if funds are specifically
appropriated for the purposes of this section.
SEC. 61. The
Board of Governors of the California Community
Colleges shall, by January 1, 1990, do all of
the following:
(a) Develop policies and guidelines
for strengthening the role of the academic senate
with regard to the determination and administration
of academic and professional standards, course
approval and curricula, and other academic matters.
(b) In cooperation with community
college district and student representatives,
develop a plan for encouraging greater student
participation in appropriate aspects of campus,
district, and statewide governance.
SEC. 62. The
Student Aid Commission shall conduct a study of
student aid programs which have as their purpose
increasing the number of students entering into
the teaching profession at the community college
level, and shall report the results of this study
to the Legislature and to the California Postsecondary
Education Commission on or before January 1, 1990.
Prior to March 15, 1990, the California Postsecondary
Education Commission shall review and comment
on this report to the Legislature, and shall propose
any recommendations for revisions to improve these
programs. This section shall become operative
only if funds are specifically appropriated for
purposes of this section.
SEC. 63. The
Board of Governors of the California Community
Colleges, on or before January 1, 1990, shall
provide ongoing information to community college
districts relative to the design and operation
of vocational education programs. This information
shall include, but is not necessarily limited
to, summaries and analyses of current economic
trends and employment projections, as indicated
by industry groups and other sources, and the
curriculum implications of that data. This section
shall become operative only if funds are specifically
appropriated for purposes of this section.
SEC. 64. The
Board of Governors of the California Community
Colleges and the State Board of Education shall
each determine the extent to which students are
underrepresented in vocational education programs
in the community colleges and in public schools,
respectively, on the basis of gender or ethnic
origin, and shall jointly undertake to encourage
students to enter those vocational education programs
in which they are underrepresented. On or before
July 1, 1990, the Board of Governors of the California
Community Colleges and the State Board of Education
jointly shall file a report with the education
policy committees of the Legislature on their
findings. This section shall become operative
only if funds are specifically appropriated for
purposes of this section.
SEC. 65. (a)
The Board of Governors of the California Community
Colleges shall develop a pilot program regarding
the employment of part-time temporary faculty
by option-rollover contracts in selected areas
of specialization. The board of governors shall
select three community college districts to implement
the two-year pilot program. Community college
districts eligible to participate in this pilot
program shall be those whose proposal for participation
has the concurrence of the local exclusive bargaining
representative. In districts having no exclusive
bargaining representative, the plan must have
the concurrence of the local academic senate.
(b) The community college districts
participating in the pilot program established
pursuant to subdivision (a) shall employ part-time
temporary faculty for a duration of two years
under an option-rollover contract. At the end
of the two-year period, the community college
district shall have, under the pilot program,
the option of retaining the part-time temporary
employee by rolling over the contract an additional
two years.
(c) The pilot program shall
be reviewed by the full-time faculty, the part-time
temporary employees participating in the pilot
program, and the students of the community college
district.
(d) Upon the completion of the
pilot program, the board of governors shall evaluate
the review conducted pursuant to subdivision (c)
and shall determine whether the pilot program
regarding the employment of part-time temporary
faculty under option-rollover contracts is beneficial
to the community college and its students.
(e) If the pilot program is
deemed to be beneficial to the community college
and its students, the board of governors, in consultation
with the faculty, shall establish policy directed
at, and shall develop standards for, employing
part-time temporary faculty under option-rollover
contracts for periods ranging from two to five
years. At the conclusion of the contractual period,
the employing community college district shall
have the option of retaining the employee for
a period equal to the duration of the original
contract by rolling over the contract for the
stated period.
(f) It is the intent of the
Legislature that the development of option-rollover
contracts for part-time temporary employees not
frustrate the policy of the community colleges
to strengthen the core of their full-time faculty,
including the recruitment and hiring of full-time
faculty members.
(g) The board of governors shall
develop standards requiring part-time temporary
employees who have contractual status under an
option-rollover contract to participate in student
advisement and curriculum-related development,
in addition to classroom instruction. Part-time
temporary employees shall be compensated according
to these standards. This section shall become
operative only if funds are specifically appropriated
for purposes of this section.
SEC. 66. (a)
The governing board of each district may determine
whether it would be beneficial for various community
college departments to enter into agreements with
the analogous graduate department at the University
of California or California State University campus
closest in proximity to the community college,
to provide part-time temporary teaching positions
in the district for advanced university graduate
students.
(b) In determining whether the
development of part-time temporary teaching positions
would be beneficial for the district, the governing
board shall consider that the part-time temporary
teaching positions, if implemented, would be limited
to the following individuals:
(1) Advanced graduate students
with prior proven teaching experience.
(2) Advanced graduate students
teaching in areas consistent with the subject
area of their graduate program.
(3) Advanced graduate students
who qualify for employment in positions requiring
certification.
(4) Advanced graduate students
selected by the pertinent community college department
and administrators from among a list of candidates
provided by the University of California or the
California State University graduate department.
(c) The governing board shall
also consider whether the following intended purposes
would be served by the development of part-time
temporary teaching positions:
(1) Be a form of financial aid
to the graduate students, especially for minority
and disadvantaged students.
(2) Provide access to graduate
students who wish to enter into the teaching profession
at the community college level.
(3) Guarantee community college
departments one or two part-time positions each
year.
(d) In the event that part-time
temporary teaching positions are established,
graduate students who would teach on a temporary
part-time basis shall not displace persons then
currently teaching part-time or full-time.
SEC. 67. Notwithstanding
Section 17610 of the Government Code, if the Commission
on State Mandates determines that this act contains
costs mandated by the state, reimbursement to
local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of
the Government Code. If the statewide cost of
the claim for reimbursement does not exceed five
hundred thousand dollars ($500,000), reimbursement
shall be made from the State Mandates Claims Fund.
SEC. 68. On
or before January 1, 1990, the Board of Governors
of the California Community Colleges shall adopt
regulations which substantially incorporate the
following policy:
No more than 30 semester units,
or 45 quarter units, in course credit may be assigned
to any student for remedial coursework, except
as to any student who is enrolled in one or more
courses in English as a second language or who
is identified as having a learning disability.
This limit may be waived by the community college
district pursuant to regulations of the board
of governors, based upon the student's showing
of significant, measurable progress toward the
development of skills appropriate to his or her
enrollment in college level courses. Students
needing remedial instruction beyond the course
credit restrictions set forth in this section
shall be referred to appropriate noncredit adult
basic education programs conducted by the community
college or an adult school, or to appropriate
community services.
The board of governors shall
examine and review the effects of the limit under
this regulation on the students taking remedial
courses, including their success rates, attrition
rates, and movement into other programs of study
or employment. The review shall include an analysis
of the composition by ethnicity and gender of
the students reaching this limit, as well as a
review of district efforts to use faculty and
support service personnel to promote the success
rate of students in remedial courses. A report
concerning this review shall be delivered to the
education policy committees of the Senate and
Assembly on or before December 31, 1991.
SEC. 69. Pursuant
to paragraph (8) of subdivision (b) of Section
70901 of the Education Code:
(a) The board of governors and
the State Board of Education shall jointly assist
school districts and community college districts
in the development and maintenance of articulated
programs that coordinate vocational education
over the final two years in high school and two
years in community college to effectively meet
student and employer needs.
(b) The Board of Governors of
the California Community Colleges and the Trustees
of the California State University, shall jointly
develop and maintain articulated programs that
expand upon the articulated programs developed
pursuant to subdivision (a) to include the attainment
of the baccalaureate degree where appropriate.
These programs shall provide for the transfer
of students in vocational education programs in
community colleges to the California State University.
(c) Plans for the implementation
of these programs shall be completed by July 1,
1991.
(d) This section shall become
operative only if funds are specifically appropriated
for purposes of this section.
SEC. 70. (a)
The Legislature finds and declares that the reforms
enacted through this act form a mutually dependent
and related set of provisions. While some few
provisions could be enacted independently, other
sections of this act depend upon adequate support
for the programs of the community colleges. There
is a direct linkage between those sections of
this act which constitute the further professionalization
of the faculty and the moneys required to enhance
the programs of the community colleges for "transitional
program improvement," as specified in Section
84755 of the Education Code.
For instance, the elimination
of credentials must be accompanied by the establishment
of minimum qualifications by the board of governors.
Minimum qualifications in turn must be implemented
by districts through the establishment of faculty
service areas, competency criteria, and various
waiver processes. The extension of the tenure
probationary period to four years as well as the
revisions to layoff procedures also depend upon
the establishment of tenure denial grievance processes
as well as the establishment of faculty service
areas and competency criteria. Similarly, because
so many of the reforms call for faculty involvement
in the determination and implementation of policy,
and because the quality, quantity, and composition
of full-time faculty have the most immediate and
direct impact on the quality of instruction, overall
reform cannot succeed without sufficient members
of full-time faculty with sufficient opportunities
for continued staff development, and with sufficient
opportunity for participation in institutional
governance.
The Legislature further finds
that, absent resources to reimburse the state-mandated
costs of this act, new full-time faculty to replace
part-time faculty, and expanded programs for staff
development, the viability or success, or both,
of many of the reforms in this act will be jeopardized.
The Legislature recognizes that due to unanticipated
fiscal conditions the State cannot immediately
fund all of the reforms contained in this act.
The Legislature also recognizes, however, that
if minimal funding is not soon provided that it
would be inappropriate to proceed with many reforms.
(b) The Legislature finds and
declares that the California Community Colleges
are entering a period of major reform, but require
further assistance in regaining prior purchasing
power in order to fully carry out major reforms.
The Legislature intends that the reform process
be phased in over a reasonable and logical period
of time, and that the institution of major reform
be based upon the community colleges' ability
to deliver enhanced quality in their programs.
Pursuant to this act, the Legislature finds and
declares that the transitional stage of reform
process shall consist of two phases:
(1) "Phase I of transitional
program improvement," as used in this section,
means a period of reform during which community
college programs are improved and enhanced to
prepare an appropriate environment for the subsequent
professionalization of faculty. In this connection,
the Legislature finds and declares that it would
be an unsound and wasteful policy to expend moneys
to professionalize faculty without first making
the program changes necessary to enable that faculty
to assume a more effective role in the educational
process. It is the intent of the Legislature that
those changes, combined in proper sequence with
the professional improvement of faculty, will
improve the overall quality of education within
the system. It is the intent of the Legislature
that moneys appropriated during Phase I fully
fund any state-mandates created pursuant to this
section.
(2) "Phase II of transitional
program improvement" means a period of reform
following initial program improvement and professionalization
of faculty. During that period, the new educational
environment created under Phase I, including such
reforms as innovative training programs, evaluation
procedures, and minimum qualifications, may be
utilized to the fullest extent in hiring new full-time
faculty. The Legislature finds that this latter
step is a major component of successful reform
and the eventual attainment of the highest possible
quality in the educational programs of the California
Community Colleges. It is the intent of the Legislature
that moneys appropriated during Phase II fully
fund any state-mandate created pursuant to this
section.
(c) The Legislature finds and
declares that the provisions of subdivisions (d)
and (e) address an essential policy issue at the
core of the system created by this act. The reforms
with delayed operative dates pursuant to subdivisions
(d) and (e) will be fiscally and substantively
meaningful only if other enumerated reforms, on
which the reforms with delayed operative dates
depend, are adequately funded as an initial step
in the process of improving the structure and
quality of the California Community Colleges.
(d) Sections 27 to 34, inclusive,
and Sections 51 to 56, inclusive, of this act
shall be implemented by the board of governors
and be mandatory with regard to implementation
by community college districts only if the board
of governors certifies in writing to the Governor
and to the Legislature that adequate funding has
been provided for Phase I of transitional program
improvement and for any applicable state mandates,
as authorized in Section 84755 of the Education
Code. If the board of governors so certifies,
each of these sections shall be implemented on
the date of certification, or upon any operative
date specified for the particular section in this
act, whichever is later. For purposes of this
subdivision, ``adequate funding'' means those
moneys required to provide an increased quality
of instruction and programs, and to carry out
applicable mandates of this act, within the California
Community Colleges. Based upon estimates provided
by the board of governors and exhaustive review
of the community colleges' operations by the Joint
Committee for the Review of the Master Plan for
Higher Education, the Legislature finds and declares
that its estimate of this funding amount is seventy
million dollars ($70,000,000).
(e) Sections 21, and 36 to 49,
inclusive, of this act shall be implemented by
the board of governors and be mandatory with regard
to implementation by community college districts
only if the board of governors certifies in writing
to the Governor and to the Legislature that adequate
funding has been provided for Phase II of transitional
program improvement and for any applicable state
mandates, as authorized in Section 84755. If the
board of governors so certifies, each of these
sections shall be implemented on the date of certification,
or upon any operative date specified for the particular
section in this act, whichever is later. For purposes
of this subdivision, ``adequate funding'' means
those moneys required to provide an increased
quality of instruction and programs, and to carry
out applicable state mandates of this act, within
the California Community Colleges. Based upon
estimates provided by the board of governors and
exhaustive review of the community colleges' operations
by the Joint Committee for the Review of the Master
Plan for Higher Education, the Legislature finds
and declares that its estimate of this funding
amount is seventy million dollars ($70,000,000),
in addition to the seventy million dollars ($70,000,000)
estimated under subdivision (d).
(f) Notwithstanding this section,
the board of governors, commencing January 1,
1989, may develop criteria and standards, as may
be necessary to prepare for implementation of
Section 84750 of the Education Code. However,
the board of governors may not implement that
section until the terms of this section have been
met.
SEC. 71. Section
70901.5 of the Education Code, as added by Section
8 of this act, shall become operative on January
1, 1990.
SEC. 72. The
sum of seven million two hundred fifty thousand
dollars ($7,250,000) is hereby appropriated from
the General Fund to the Board of Governors of
the California Community Colleges for expenditure
pursuant to this act in the 1988|89 fiscal year
in accordance with the following schedule: $5,000,000
(a) For expenditure pursuant
to Article 5 (commencing with Section 87150) of
Chapter 1 of Part of the Education Code. Notwithstanding
subdivision (a) of Section 87152, the board of
governors shall allocate these funds to community
college districts on a per average daily attendance
(ADA) basis, using the funded ADA levels for the
1987|88 fiscal year, so that seven dollars ($7)
per ADA, or as near thereto as possible, is allocated,
and so that each district receives at least five
thousand dollars
($5,000). Before computing the
per ADA amount the board of governors may set
aside up to 2 percent of the allocation of this
subdivision for statewide administration $5,000,000
(b) For expenditure pursuant
to Section 87107 of the Education Code $1,000,000
(c) For purposes of the administration
of this act, including the administration of Section
84755 of the Education Code, the adoption of regulations
as required by Sections 70901.5, 87356, 87359,
87107, and 87482.6 of the Education Code and Section
69 of this act, the development of a list of disciplines,
as required by Section 87357 of the Education
Code, and the review required by Section 87359.5
of the Education Code $300,000
(d) For purposes of commencing
implementation of Section 847of the Education
Code, during the period of January 1, 1989, through
June 30, 1990 $300,000
(e) For purposes of subdivision
(b) of Section 87104 of the Education Code $300,000
(f) For purposes of Section
71020.5 of the Education Code $150,000
(g) To the Community College
Fund for instructional improvement pursuant to
Section 84381 of the Education Code $200,000
(a) For expenditure pursuant
to Article 5 (commencing with Section 87150) of
Chapter 1 of Part of the Education Code. Notwithstanding
subdivision (a) of Section 87152, the board of
governors shall allocate these funds to community
college districts on a per average daily attendance
(ADA) basis, using the funded ADA levels for the
1987|88 fiscal year, so that seven dollars ($7)
per ADA, or as near there- to as possible, is
allocated, and so that each district receives
at least five thousand dollars ($5,000). Before
computing the per ADA amount the board of governors
may set aside up to 2 percent of the allocation
of this sub- division for statewide administration
$5,000,000
(b) For expenditure pursuant
to Section 87107 of the Education Code $1,000,000
(c) For purposes of the administration
of this act, including the administration of Section
84755 of the Education Code, the adoption of regulations
as required by Sections 70901.5, 87356, 87359,
87107, and 87482.6 of the Education Code and Section
69 of this act, the development of a list of disciplines,
as required by Section 87357 of the Education
Code, and the review required by Section 87359.5
of the Education Code $ 300,000
(d) For purposes of commencing
implementation of Section 84750 of the Education
Code, during the period of January 1, 1989, through
June 30, 1990 $ 300,000
(e) For purposes of subdivision
(b) of Section 87104 of the Education Code $ 300,000
(f) For purposes of Section
71020.5 of the Education Code $ 150,000
(g) To the Community College
Fund for Instructional Improvement pursuant to
Section 84381 of the Education Code $ 200,000
