Bill Text: CA AB1942 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Community colleges: accreditation.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2014-09-17 - Chaptered by Secretary of State - Chapter 382, Statutes of 2014. [AB1942 Detail]
Download: California-2013-AB1942-Amended.html
Bill Title: Community colleges: accreditation.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2014-09-17 - Chaptered by Secretary of State - Chapter 382, Statutes of 2014. [AB1942 Detail]
Download: California-2013-AB1942-Amended.html
BILL NUMBER: AB 1942 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Bonta
(Principal coauthor: Assembly Member Ammiano)
FEBRUARY 19, 2014
An act to amend Sections Section
70901 and 71000 of, and to add Section 72208 to,
the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 1942, as amended, Bonta. Community colleges: accreditation.
Existing law establishes the California Community Colleges under
the Board of Governors of the California Community Colleges, which
consists of 16 voting members and one nonvoting member, as specified.
Existing law requires the Board of Governors of the California
Community Colleges to establish minimum conditions entitling a
community college district to receive state aid for the support of
the community colleges.
This bill would expand the board of governors to 22
voting members with the addition of 3 members appointed by the Senate
Committee on Rules and 3 members appointed by the Speaker of the
Assembly. The bill would require the board of governors to adopt
minimum conditions that meet specified requirements and would require
the board of governors, when establishing these minimum conditions,
to seek and consider input from community college districts and
related institutions, students, and academic and nonacademic
employees. The bill would provide that the accreditation status of a
community college is not dispositive of the determination regarding
the compliance of a community college district with the minimum
conditions. require the board of Governors, in
determining whether a community college district satisfies those
minimum conditions, to review the accreditation status of the
community colleges within that district. This bill would
require the board to establish a task force to review the
appropriateness of allowing a community college district to
receive state aid, on a limited basis, for a community college
within the district that is unaccredited and seeking accreditation.
If the task force determines that state aid to be appropriate, this
bill would require the task force to recommend conditions for receipt
of the state aid, and would require the Chancellor of the California
Community Colleges to report on the task force's findings to the
Legislature on or before March 31, 2015.
Under its existing regulatory authority, the Board of Governors of
the California Community Colleges requires each community college to
be accredited and has designated the Accrediting Commission for
Community and Junior Colleges as the accrediting agency.
This bill would authorize the governing board of a
community college district to designate a federally recognized
accrediting agency for community colleges within its jurisdiction.
The bill would require a contract with the
accrediting agency of a the community
college colleges to base its
accreditation decision on compliance with the minimum conditions
specified above. The bill would require the selected accrediting
agency to comply with various requirements,
including, among other things, the Bagley-Keene Open Meeting Act and
California Public Records Act. and to require the
accrediting agency to report to the appropriate subcommittees of the
Legislature upon the agency's issuance of a decision that affects the
accreditation status of a community college and, on a biannual
basis, any accreditation policy changes that affect the accreditation
process or status for a community college.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70901 of the
Education Code is amended to read:
70901. (a) The Board of Governors of the California Community
Colleges shall provide leadership and direction in the continuing
development of the California Community Colleges as an integral and
effective element in the structure of public higher education in the
state. The work of the board of governors shall at all times be
directed to maintaining and continuing, to the maximum degree
permissible, local authority and control in the administration of the
California Community Colleges.
(b) Subject to, and in furtherance of, subdivision (a), and in
consultation with community college districts and other interested
parties as specified in subdivision (e), the board of governors shall
provide general supervision over community college districts, and
shall, in furtherance of those purposes, perform the following
functions:
(1) Establish minimum standards as required by law, including, but
not limited to, the following:
(A) Minimum standards to govern student academic standards
relating to graduation requirements and probation, dismissal, and
readmission policies.
(B) Minimum standards for the employment of academic and
administrative staff in community colleges.
(C) Minimum standards for the formation of community colleges and
districts.
(D) Minimum standards for credit and noncredit classes.
(E) Minimum standards governing procedures established by
governing boards of community college districts to ensure faculty,
staff, and students the right to participate effectively in district
and college governance, and the opportunity to express their opinions
at the campus level and to ensure that these opinions are given
every reasonable consideration, and the right of academic senates to
assume primary responsibility for making recommendations in the areas
of curriculum and academic standards.
(2) Evaluate and issue annual reports on the fiscal and
educational effectiveness of community college districts according to
outcome measures cooperatively developed with those districts, and
provide assistance when districts encounter severe management
difficulties.
(3) Conduct necessary systemwide research on community colleges
and provide appropriate information services, including, but not
limited to, definitions for the purpose of uniform reporting,
collection, compilation, and analysis of data for effective planning
and coordination, and dissemination of information.
(4) Provide representation, advocacy, and accountability for the
California Community Colleges before state and national legislative
and executive agencies.
(5) Administer state support programs, both operational and
capital outlay, and those federally supported programs for which the
board of governors has responsibility pursuant to state or federal
law. In so doing, the board of governors shall do the following:
(A) (i) Annually prepare and adopt a proposed budget for the
California Community Colleges. The proposed budget shall, at a
minimum, identify the total revenue needs for serving educational
needs within the mission, the amount to be expended for the state
general apportionment, the amounts requested for various categorical
programs established by law, the amounts requested for new programs
and budget improvements, and the amount requested for systemwide
administration.
(ii) The proposed budget for the California Community Colleges
shall be submitted to the Department of Finance in accordance with
established timelines for development of the annual Budget Bill.
(B) To the extent authorized by law, establish the method for
determining and allocating the state general apportionment.
(C) Establish space and utilization standards for facility
planning in order to determine eligibility for state funds for
construction purposes.
(6) (A) Establish minimum conditions
entitling districts to receive state aid for support of community
colleges. In so doing, the board of governors shall establish and
carry out a periodic review of each community college district to
determine whether it has met the minimum conditions prescribed by the
board of governors.
(B) In determining whether a community college district satisfies
the minimum conditions established pursuant to this section, the
board of governors shall review the accreditation status of the
community colleges within that district.
(C) (i) The board of governors shall establish a task force to
review the appropriateness of allowing a community college district
to continue to receive state aid, on a limited term basis, for the
support of a community college that is unaccredited and seeking
accreditation within the district. If the task force determines state
aid to be appropriate, the task force shall recommend minimum
conditions for receipt of that aid. The Chancellor of the California
Community Colleges shall report on the task force's findings to the
Legislature on or before March 31, 2015.
(ii) The requirement for submitting a report under clause (i) is
inoperative on January 1, 2019, pursuant to Section 10231.5 of the
Government Code.
(iii) A report submitted pursuant to clause (i) shall be submitted
in compliance with Section 9795 of the Government Code.
(7) Coordinate and encourage interdistrict, regional, and
statewide development of community college programs, facilities, and
services.
(8) Facilitate articulation with other segments of higher
education with secondary education.
(9) Review and approve comprehensive plans for each community
college district. The plans shall be submitted to the board of
governors by the governing board of each community college district.
(10) Review and approve all educational programs offered by
community college districts, and all courses that are not offered as
part of an educational program approved by the board of governors.
(11) Exercise general supervision over the formation of new
community college districts and the reorganization of existing
community college districts, including the approval or disapproval of
plans therefor.
(12) Notwithstanding any other provision of law, be solely
responsible for establishing, maintaining, revising, and updating, as
necessary, the uniform budgeting and accounting structures and
procedures for the California Community Colleges.
(13) Establish policies regarding interdistrict attendance of
students.
(14) Advise and assist governing boards of community college
districts on the implementation and interpretation of state and
federal laws affecting community colleges.
(15) Contract for the procurement of goods and services, as
necessary.
(16) Carry out other functions as expressly provided by law.
(c) Subject to, and in furtherance of, subdivision (a), the board
of governors shall have full authority to adopt rules and regulations
necessary and proper to execute the functions specified in this
section as well as other functions that the board of governors is
expressly authorized by statute to regulate.
(d) Wherever in this section or any other statute a power is
vested in the board of governors, the board of governors, by a
majority vote, may adopt a rule delegating that power to the
chancellor, or any officer, employee, or committee of the California
Community Colleges, or community college district, as the board of
governors may designate. However, the board of governors shall not
delegate any power that is expressly made nondelegable by statute.
Any rule delegating authority shall prescribe the limits of
delegation.
(e) In performing the functions specified in this section, the
board of governors shall establish and carry out a process for
consultation with institutional representatives of community college
districts so as to ensure their participation in the development and
review of policy proposals. The consultation process shall also
afford community college organizations, as well as interested
individuals and parties, an opportunity to review and comment on
proposed policy before it is adopted by the board of governors.
(f) This section shall become operative on January 1, 2014.
SEC. 2. Section 72208 is added to the
Education Code , to read:
72208. (a) After January 1, 2015, any agreement with the
accrediting agency for the community colleges, as designated by law,
shall require the accrediting agency to do all of the following:
(1) Establish standards that are relevant and material to the
standards required pursuant to federal law, relevant and material to
the quality of education of a community college, widely accepted by
educators, educational institutions, licensing bodies, practitioners,
and employers in the profession or vocational fields for which the
community college prepares students, and in compliance with
applicable state laws and policies.
(2) In evaluating a community college, the accrediting agency
shall employ an evaluation team that satisfies both of the following
requirements:
(A) The evaluation team's membership should proportionately
reflect the shared governance structure of community colleges by
including faculty, classified employees, and administrative employees
of the community colleges.
(B) The team shall be independent of the accrediting agency and
the community college being evaluated, and the accrediting agency
shall establish and ensure compliance with a defined conflict of
interest policy.
(3) In assessing whether to impose a sanction of show cause or
revocation, the accrediting agency shall consider all of the
following:
(A) The length of time the community college has not been in
substantial compliance with the minimum conditions after notification
by the accrediting agency.
(B) The seriousness of the deficiencies with respect to their
impact on the quality of education at the community college.
(C) If the accrediting agency intends to impose a sanction more
severe than the recommendation of the evaluation team, or finds a
deficiency not noted in the evaluation team's report, the hearing on
the imposition of that proposed sanction shall be adjourned to afford
the community college and the public sufficient time to respond
orally and in writing to the accrediting agency before it reaches a
final decision.
(4) Allow an institution proposed for a sanction of show cause or
revocation by the accrediting agency to file an appeal to be heard by
an arbitrator or hearing officer mutually agreed upon by the
community college and the accrediting agency. The parties shall have
the right to present and rebut relevant evidence, to call and examine
witnesses, and to present a written argument at the close of the
hearing. The accrediting agency shall bear the burden of persuading
the trier of facts by clear and convincing evidence that the sanction
is reasonable and warranted.
(5) The accrediting agency shall provide for public hearings in
matters regarding a California community college, including providing
adequate public notice of the hearing and opportunity for public
participation or comment prior to accreditation decisions.
Accrediting agency deliberations regarding accreditation decisions
may occur in a closed session meeting following public participation
or comment. The accrediting agency shall announce the accreditation
decision to the public.
(b) (1) An agreement pursuant to subdivision (a) shall require the
accrediting agency to report to the appropriate policy and budget
subcommittees of the Legislature upon the issuance of a decision that
affects the accreditation status of a community college and, on a
biannual basis, any accreditation policy changes that affect the
accreditation process or status for a community college.
(2) The Office of the Chancellor of the California Community
Colleges shall ensure that the appropriate policy and budget
subcommittees of the Legislature are provided the information
required in paragraph (1).
(c) For purposes of this section, a sanction of "show cause"
occurs if the accrediting agency finds a community college to be in
substantial noncompliance with its eligibility requirements,
accreditation standards, or policies, or if the community college has
not responded to the conditions imposed by the accrediting agency.
SECTION 1. Section 70901 of the Education Code
is amended to read:
70901. (a) The Board of Governors of the California Community
Colleges shall provide leadership and direction in the continuing
development of the California Community Colleges as an integral and
effective element in the structure of public higher education in the
state. The work of the board of governors shall at all times be
directed to maintaining and continuing, to the maximum degree
permissible, local authority and control in the administration of the
California Community Colleges.
(b) Subject to, and in furtherance of, subdivision (a), and in
consultation with community college districts and other interested
parties as specified in subdivision (e), the board of governors shall
provide general supervision over community college districts, and
shall, in furtherance of those purposes, perform the following
functions:
(1) Establish minimum standards as required by law, including, but
not limited to, the following:
(A) Minimum standards to govern student academic standards
relating to graduation requirements and probation, dismissal, and
readmission policies.
(B) Minimum standards for the employment of academic and
administrative staff in community colleges.
(C) Minimum standards for the formation of community colleges and
districts.
(D) Minimum standards for credit and noncredit classes.
(E) Minimum standards governing procedures established by
governing boards of community college districts to ensure faculty,
staff, and students the right to participate effectively in district
and college governance, and the opportunity to express their opinions
at the campus level and to ensure that these opinions are given
every reasonable consideration, and the right of academic senates to
assume primary responsibility for making recommendations in the areas
of curriculum and academic standards.
(2) Evaluate and issue annual reports on the fiscal and
educational effectiveness of community college districts according to
outcome measures cooperatively developed with those districts, and
provide assistance when districts encounter severe management
difficulties.
(3) Conduct necessary systemwide research on community colleges
and provide appropriate information services, including, but not
limited to, definitions for the purpose of uniform reporting,
collection, compilation, and analysis of data for effective planning
and coordination, and dissemination of information.
(4) Provide representation, advocacy, and accountability for the
California Community Colleges before state and national legislative
and executive agencies.
(5) Administer state support programs, both operational and
capital outlay, and those federally supported programs for which the
board of governors has responsibility pursuant to state or federal
law. In so doing, the board of governors shall do the following:
(A) (i) Annually prepare and adopt a proposed budget for the
California Community Colleges. The proposed budget shall, at a
minimum, identify the total revenue needs for serving educational
needs within the mission, the amount to be expended for the state
general apportionment, the amounts requested for various categorical
programs established by law, the amounts requested for new programs
and budget improvements, and the amount requested for systemwide
administration.
(ii) The proposed budget for the California Community Colleges
shall be submitted to the Department of Finance in accordance with
established timelines for development of the annual Budget Bill.
(B) To the extent authorized by law, establish the method for
determining and allocating the state general apportionment.
(C) Establish space and utilization standards for facility
planning in order to determine eligibility for state funds for
construction purposes.
(6) (A) Establish minimum conditions entitling districts to
receive state aid for support of community colleges as well as
standards that are required to be met to show that these conditions
have been met. In so doing, the board of governors shall establish
and carry out a periodic review of each community college district to
determine whether it has met the minimum conditions prescribed by
the board of governors.
(B) The minimum conditions established pursuant to this paragraph
shall meet all of the following requirements:
(i) Be relevant and material to standards required pursuant to
federal law.
(ii) Be relevant and material to the quality of education of a
community college.
(iii) Be widely accepted by educators, educational institutions,
licensing bodies, practitioners, and employers in the professional or
vocational fields for which the community college prepare their
students.
(iv) Be consistent with state law and policies.
(C) In establishing the minimum conditions described in this
paragraph, the Board of Governors shall comply with the requirements
of the Administrative Procedures Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code) and shall seek and consider input from the community college
districts, students, and academic and nonacademic employees.
(D) In determining whether a community college district meets the
minimum conditions established pursuant to this section, the
accreditation status of a community college within that district is
not dispositive of the determination. The board of governors may give
due consideration to the accreditation status of community colleges
within that district by a federally recognized accrediting agency as
evidence that the district is in compliance with the minimum
conditions, unless the board of governors finds good cause to not
rely on the accreditation status. Good cause includes, but is not
limited to, any of the following:
(i) An accrediting agency's failure to comply with its written
policies or procedures in the course of its evaluation of the
community college.
(ii) Any finding or determination by the United States Department
of Education that the accrediting agency has failed to comply with
the Criteria for Recognition of Accrediting Agencies of the United
States Secretary of Education.
(iii) An accrediting agency's failure to comply with federal or
state laws or regulations in the course of its evaluation of the
community college.
(iv) A conflict of interest, or the appearance of conflict of
interest, on the part of the accrediting agency in the course of its
evaluation of the community college.
(E) Before determining that a community college district has
failed to meet the minimum conditions established pursuant to this
paragraph, the board of governors shall evaluate evidence and
undertake independent investigation to determine whether a community
college district is in compliance with the minimum conditions.
(F) Before finalizing its determination of a community college
district's compliance with the minimum conditions established
pursuant to this paragraph, the Board of Governors shall do both of
the following:
(i) Provide, in writing, to the chancellor of the community
college district and the public its conclusion and the basis of its
conclusion.
(ii) Provide a reasonable opportunity for the community college
district to respond and for the public to provide comments.
(7) Coordinate and encourage interdistrict, regional, and
statewide development of community college programs, facilities, and
services.
(8) Facilitate articulation with other segments of higher
education with secondary education.
(9) Review and approve comprehensive plans for each community
college district. The plans shall be submitted to the board of
governors by the governing board of each community college district.
(10) Review and approve all educational programs offered by
community college districts, and all courses that are not offered as
part of an educational program approved by the board of governors.
(11) Exercise general supervision over the formation of new
community college districts and the reorganization of existing
community college districts, including the approval or disapproval of
plans therefor.
(12) Notwithstanding any other provision of law, be solely
responsible for establishing, maintaining, revising, and updating, as
necessary, the uniform budgeting and accounting structures and
procedures for the California Community Colleges.
(13) Establish policies regarding interdistrict attendance of
students.
(14) Advise and assist governing boards of community college
districts on the implementation and interpretation of state and
federal laws affecting community colleges.
(15) Contract for the procurement of goods and services, as
necessary.
(16) Carry out other functions as expressly provided by law.
(c) Subject to, and in furtherance of, subdivision (a), the board
of governors shall have full authority to adopt rules and regulations
necessary and proper to execute the functions specified in this
section as well as other functions that the board of governors is
expressly authorized by statute to regulate.
(d) Wherever in this section or any other statute a power is
vested in the board of governors, the board of governors, by a
majority vote, may adopt a rule delegating that power to the
chancellor, or any officer, employee, or committee of the California
Community Colleges, or community college district, as the board of
governors may designate. However, the board of governors shall not
delegate any power that is expressly made nondelegable by statute.
Any rule delegating authority shall prescribe the limits of
delegation.
(e) In performing the functions specified in this section, the
board of governors shall establish and carry out a process for
consultation with institutional representatives of community college
districts so as to ensure their participation in the development and
review of policy proposals. The consultation process shall also
afford community college organizations, as well as interested
individuals and parties, an opportunity to review and comment on
proposed policy before it is adopted by the board of governors.
SEC. 2. Section 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 22 voting members
and one nonvoting member, as follows:
(a) Twelve members, each appointed by the Governor with the advice
and consent of two-thirds of the membership of the Senate to
six-year staggered terms. Two of these members shall be current or
former elected members of local community college district governing
boards.
(b) (1) (A) One voting student member, and one nonvoting student
member, who exercise their duties in accordance with the procedure
set forth in paragraph (3).
(B) A student member shall be 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, or
until a replacement has been named. A student member shall be
enrolled in a community college at least one semester before his or
her appointment, and shall meet and maintain the minimum standards of
scholarship prescribed for community college students.
(C) Each student member shall be appointed by the Governor from a
list of names of at least three eligible persons submitted to the
Governor by the student organization recognized by the board of
governors.
(2) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year, and expire on June 30
two years thereafter. The term of office of the other student member
of the board shall commence on July 1 of an odd-numbered year, and
expire on June 30 two years thereafter. Notwithstanding paragraph
(1), a student member who graduates from his or her college on
or after January 1 of the second
year of his or her term of office may serve the remainder of the
term.
(3) During the first year of a student member's term, a student
member shall be a member of the board and may attend all meetings of
the board and its committees. At these meetings, a student member may
fully participate in discussion and debate, but shall not vote.
During the second year of a student member's term, a student member
may exercise the same right to attend meetings of the board, and its
committees, and shall have the same right to vote as the members
appointed pursuant to subdivisions (a) and (c).
(4) Notwithstanding paragraph (3), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member's term, the remaining student
member shall immediately assume the office created by the vacancy and
all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.
(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 eligible persons furnished by the Academic Senate of the
California Community Colleges. Each seat designated as a tenured
faculty member seat shall be filled by a tenured faculty member from
a community college pursuant to this section and Section 71003.
(d) One voting classified employee, who shall be appointed by the
Governor for a two-year term. The Governor shall appoint the
classified employee member from a list of at least three eligible
persons furnished by the exclusive representatives of classified
employees of the California Community Colleges.
(e) Three members appointed by the Senate Committee on Rules to
six-year staggered terms, except that the members first appointed to
the board of governors pursuant to this subdivision shall classify
themselves by lot so that one member's term of office expires two
years after the initial appointment and one member's term of office
expires four years after the initial appointment.
(f) Three members appointed by the Speaker of the Assembly to
six-year staggered terms, except that the members first appointed to
the board of governors pursuant to this subdivision shall classify
themselves by lot so that the one member's term of office expires two
years of the initial appointment and one member's term of office
expires four years of the initial appointment.
SEC. 3. Section 72208 is added to the Education
Code, to read:
72208. (a) Notwithstanding any other law or regulations and to
the extent authorized by federal law, the governing board of a
community college district may designate a federally recognized
accrediting agency to accredit community colleges under its
jurisdiction.
(b) The accrediting agency for the community colleges as
designated by Section 51016 of Title 5 of the California Code of
Regulations as of December 31, 2014, shall remain the accrediting
agency for a community college district until the governing board of
the community college district exercises its discretion pursuant to
subdivision (a) to select a different accrediting agency.
(c) The accrediting agency for the community colleges designated
pursuant to subdivision (a) or (b) shall base its accrediting
decision solely on compliance with the minimum conditions and the
standards established pursuant to paragraph (6) of subdivision (b) of
Section 70901.
(d) The accrediting agency designated pursuant to subdivision (a)
shall comply with all of the following requirements:
(1) The accrediting agency shall make available to a community
college the minimum conditions established pursuant to paragraph (6)
of subdivision (b) of Section 70901, as well as a clear description
of both the substance of the conditions and the standards that are
required to be demonstrated to show that the conditions have been
met, and shall adopt an effective procedure to ensure that the
conditions established pursuant to paragraph (6) of subdivision (b)
of Section 70901 are applied consistently and are applied consistent
with due process requirements.
(2) Meetings at which subject matters related to the accreditation
of a community college are addressed shall be held in compliance
with the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
(3) Documents related to the accreditation of a community college
are subject to public disclosure pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
(4) (A) Except as provided in subparagraph (B), the accrediting
agency shall preserve all documents generated during the
accreditation-related review of a community college for a period of
not less than 10 years.
(B) All reports, evaluations, recommendations, and decisions
regarding a community college accreditation shall be preserved
indefinitely.
(5) The accrediting agency shall disclose annually the salaries
and benefits of employees who are involved in the accreditation of a
community college, any membership charges imposed on a community
college, incomes derived from a community college, and expenditures
for activities related to a community college.
(6) (A) Members of the governing body of the accrediting agency
shall not be nominated by the officers or employees of the
accrediting agency.
(B) Members of the governing body of the accrediting agency shall
serve no more than two consecutive terms of three years each.
(7) The accrediting agency shall have defined conflict of interest
rules and procedures.
(8) In evaluating a community college, the accrediting agency
shall employ an evaluation team that meets both of the following
requirements:
(A) The evaluation team shall be comprised as follows:
(i) Fifty percent of the evaluation team shall be academic
teaching personnel at a community college.
(ii) The remaining 50 percent shall include counselors and other
nonsupervisory, nonmanagerial academic employees, classified
employees, and administrative employees of a community college.
(B) The team shall be independent of the accrediting agency and
the community college being evaluated, and no member of the team
shall be either of the following:
(i) A member or an employee of the accrediting agency during the
prior six years.
(ii) A near relative of a person described in clause (i). For the
purposes of this clause, "near relative" means a spouse, including a
registered domestic partner, child, parent, sibling, person in an
in-law relationship, and step relatives in those relationships.
(9) In assessing whether to impose any sanctions, the accrediting
agency shall consider both of the following:
(A) The length of time the community college has not been in
substantial compliance with the minimum conditions after notification
by the accrediting agency.
(B) The seriousness of the deficiencies with respect to their
impact on the quality of education.
(10) The accrediting agency shall provide to a community college
copies of all documents, including, but not limited to, evaluations
and recommendations considered by the accrediting agency with respect
to the accreditation of the community college, at least 14 days in
advance of any meeting regarding the accreditation of that
institution.
(11) The accrediting agency shall provide a community college and
the public with a reasonable opportunity to present written and oral
evidence and argument in regard to any accreditation decision
regarding the community college.
(12) The accrediting agency shall support its decision to impose
any sanction with findings and conclusions.
(13) (A) If the accrediting agency intends to impose a sanction
more severe than that recommended by the evaluation team, or finds a
deficiency not noted in the evaluation team report, the hearing on
the imposition of sanction shall be adjourned to afford the community
college and the public sufficient time to respond orally and in
writing to the accrediting agency before it reaches a final decision.
The accrediting agency shall provide to the community college and
the public a notice that succinctly summarizes the facts in support
of, and rationale for, the decision to impose the more severe
sanction.
(B) The accrediting agency shall resume consideration of a
sanction at a subsequent hearing, at which time the community college
and the public may submit oral and written evidence and argument
relevant to the matter. This subsequent hearing shall occur no latter
than the next regularly scheduled meeting of the accrediting agency.
If the accrediting agency determines to hold a special hearing on
the matter, it shall be held in the county of the community college,
upon notice of no less than 14 days.
(C) At the conclusion of the subsequent hearing, the accrediting
agency shall make a determination on the imposition of sanction as it
deems proper.
(14) Before imposing any sanction that would revoke or suspend a
community college's accreditation, the accrediting agency shall
provide a community college with an adequate time period for the
institution to come into compliance with the minimum conditions and
the standards established pursuant to paragraph (6) of subdivision
(b) of Section 70901.
(15) The accrediting agency shall participate in an appellate
proceeding regarding its decision to impose a sanction as set forth
in this paragraph.
(A) Within 30 days of receipt of a notice of decision from the
accrediting agency, a community college subject to a sanction may
file with the accrediting agency and the Office of the Chancellor of
the California Community Colleges a notice of appeal challenging the
decision.
(B) (i) Within 30 days of the filing of the notice of appeal, the
community college shall file with the accrediting agency and the
Chancellor of the California Community Colleges a statement of
grounds for the appeal succinctly setting forth the substance of each
ground for appeal. Except as provided by law, the grounds for appeal
shall be any of the following:
(I) Errors or omissions were committed by the accrediting agency
or the evaluation team that prejudicially affected the accrediting
agency's action or the community college's right to a fair
evaluation.
(II) There was a conflict of interest or bias on the part of one
or more members of the evaluation team or the accrediting agency.
(III) Evidence considered by the accrediting agency was materially
in error.
(IV) The decision of the accrediting agency is not supported by
substantial evidence.
(V) The decision of the accrediting agency is arbitrary,
capricious, and unreasonable.
(VI) The decision of the accrediting agency is inconsistent with
the policies, standards, established practices or requirements to
which the accrediting agency is subject, or is inconsistent with
other decisions of the accrediting agency.
(ii) The community college may amend its statement of grounds for
appeal at anytime that is not less than 15 days prior to the
commencement of a hearing held pursuant to this paragraph.
(iii) The community college may amend its statement of grounds for
appeal during the hearing for good cause shown.
(C) (i) The appeal shall be heard by an arbitrator or hearing
officer if the community college and the accrediting agency, within
30 days of the filing of the notice of appeal, mutually agreed to the
arbitrator or hearing officer.
(ii) (I) If the community college and the accrediting agency fail
to agree upon an arbitrator or hearing officer, an appeals committee
consisting of three community college administrators, three community
college teachers, and one member of the public shall hear the
appeal. The expenses incurred by the committee shall be paid by the
community college district in which the appellant community college
is located.
(II) Members of the appeals committee shall be chosen by lot by
the Chancellor of the California Community Colleges from an appeal
panel established pursuant to subdivision (e). The committee shall
select one of its members as the presiding officer.
(D) Upon the request of the community college or the accrediting
agency, the parties shall exchange lists of witnesses expected to
testify and copies of all documents expected to be introduced at the
hearing.
(E) Except as provided in subparagraph (F), the hearing shall
commence within 60 days of the appointment of the appeal committee,
arbitrator, or hearing officer.
(F) The hearing may be continued upon agreement of the community
college and the accrediting agency, or by the presiding officer of
the appeal committee, arbitrator, or hearing officer upon a showing
of good cause.
(G) For the appellate process, the community college and the
accrediting agency shall have all of the following rights:
(i) To be provided with all information made available to the
appeal committee, arbitrator, or hearing officer.
(ii) To have a record made of the proceedings.
(iii) To call, examine, and cross-examine witnesses.
(iv) To present and rebut evidence determined to be relevant by
the presiding officer of the appeals committee, arbitrator, or
hearing officer.
(v) To submit a written statement at the close of the hearing.
(H) The burden of presenting evidence and proof in the appeal
shall be as follows:
(i) The accrediting agency shall have the initial duty to present
evidence that supports the recommended action.
(ii) The accrediting agency shall bear the burden of persuading
the trier of fact by clear and convincing evidence that the
recommendation is reasonable and warranted.
(I) The appeals committee, arbitrator, or hearing officer may
adopt reasonable rules and procedures for conducting the hearing.
(J) The community college may submit new or additional evidence
that was unavailable at the time of evaluation by the accrediting
agency and that is material to the matters under consideration on
appeal.
(K) At the conclusion of the presentation of evidence by the
community college and the accrediting agency, members of the public
shall be afforded a reasonable opportunity to present relevant
evidence and to submit written statements.
(L) Within 45 calendar days of the completion of the hearing, the
appeals committee, arbitrator, or hearing officer shall issue a
written decision, including the findings and conclusions articulating
the connection between the evidence presented at the hearing and the
decision reached. An aggrieved party may seek judicial review of the
decision as provided by law.
(M) The community college shall be deemed accredited during the
pendency of the appeal pursuant to this paragraph and for not less
than two semesters or three quarters following the issuance of the
decision by the appeals committee, arbitrator, or hearing officer.
(N) Except for the deliberations of the appeals committee, all
hearings before the appeals committee, arbitrator, or hearing officer
shall be open to the public.
(16) The accrediting agency shall comply with the due process
requirements of the United States Constitution and the California
Constitution.
(e) Upon a failure of the community college and the accrediting
agency to agree upon an arbitrator or a hearing officer for the
purposes of paragraph (15) of subdivision (d), the Chancellor of the
California Community Colleges shall appoint an appeal panel
consisting of at least five community college administrators, five
community college teachers, and five members of the public. Each
administrator and teacher appointed to the panel shall have at least
five years of experience working as an administrator or teacher in
California community colleges within 10 years of the appointment and
shall be employed full-time by a community college at the time of the
hearing.
(f) Provisions of this section requiring due process procedures
and compliance with the Bagley-Keene Opening Meeting Act by an
accrediting agency are declarative of existing law and apply to all
accreditation meetings and proceedings that are currently pending
before the accrediting agency and all those that are subject to
pending judicial review.
(g) This section does not apply to the accrediting agency's
activities that are related to private educational institutions in
the state or educational institutions outside of the state.
(h) This section does not affect the authority of the United
States Department of Education regarding educational institutions.
(i) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
