Legal Interpretation of AB 705 (Irwin, 2017)

Spring
2018
Resolution Number: 
07.05
Contact: 
Assigned to : 
Category: 
Consultation with the Chancellor's Office
Status: 
Assigned

Whereas, The changes to California Education Code Section §78213(d)(1)(E) resulting from the passage of AB 705 (Irwin, 2017) stipulate regarding multiple measures that “The board of governors may establish regulations governing the use of these and other measures, instruments, and placement models to ensure that the measures, instruments, and placement models selected by a community college demonstrate that they guide English and mathematics placements to achieve the goal of maximizing the probability that a student will enter and complete transfer-level coursework in English and mathematics within a one-year timeframe and credit English as a Second Language (ESL) students will complete transfer-level coursework in English within a timeframe of three years”; and

Whereas, The California Community Colleges Chancellor’s Office has released AB 705 guidelines for English placement[1] and will soon be releasing guidelines for mathematics placement, although no regulations have been established, and genuine and meaningful collegial consultation with the Academic Senate for California Community Colleges as the legally recognized voice of faculty in academic and professional matters has not occurred;

Resolved, That the Academic Senate for California Community Colleges work with system partners, and legislative entities as appropriate, to obtain a legal opinion to determine whether or not AB 705 (Irwin, 2017) allows students to be placed into courses below transfer-level if local faculty determine, based on local research, that these students would be best served by such placement;

Resolved, That the Academic Senate for California Community Colleges work with system partners and legislative entities to obtain a legal opinion to determine whether the California Community Colleges Chancellor’s Office AB 705 Guidelines are consistent with existing law; and

Resolved, That the Academic Senate for California Community Colleges (ASCCC) urge the California Community Colleges Chancellor’s Office to delay implementation of the AB 705 Guidelines until a legal opinion has been received and additional consultation with the ASCCC has occurred.

MSU


1. https://asccc.org/sites/default/files/English705Guidance_CCCCO_03_22_18.pdf