Bill Text: CA AB2542 | 2009-2010 | Regular Session | Introduced
Bill Title: Community colleges: Accelerating Student Success College
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-20 - In committee: Set second hearing. Failed passage. Reconsideration granted. [AB2542 Detail]
Download: California-2009-AB2542-Introduced.html
BILL NUMBER: AB 2542 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Conway
FEBRUARY 19, 2010
An act to add Article 7 (commencing with Section 72700) to Chapter
6 of Part 45 of Division 7 of Title 3 of the Education Code,
relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 2542, as introduced, Conway. Community colleges: Accelerating
Student Success College Initiative of 2010.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law requires the Board of Governors
to appoint a chief executive officer, to be known as the Chancellor
of the California Community Colleges. Existing law establishes
community college districts, administered by a governing board,
throughout the state, and authorizes these districts to provide
instruction to students at the community college campuses maintained
by the districts.
This bill would establish the Accelerating Student Success College
Initiative of 2010 and authorize the governing board of a community
college district to petition the chancellor for designation as an
accelerating student success college. The bill would authorize the
chancellor to designate up to 5 community colleges as Accelerating
Student Success Colleges. The bill would require a governing board to
submit a strategic plan that identifies specified strategies and
authorize the governing board to request relief from specified
provisions of law when petitioning for designation as an accelerating
student success college.
The bill would provide a specified method for computing the units
of full-time equivalent student for apportionment purposes for credit
courses offered by accelerating student success colleges and would
allow for an additional allocation in specified circumstances. The
bill would require the governing board of an accelerating student
success college to annually submit a report to specified persons that
includes a description of specified progress. The bill would require
an accelerating student success college that has been granted relief
from specified provisions of law to prepare and submit a report to
the chancellor within 5 years of being granted the relief.
By requiring community college districts to perform specified
functions to become an accelerating student success college, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7 (commencing with Section 72700) is added to
Chapter 6 of Part 45 of Division 7 of Title 3 of the Education Code,
to read:
Article 7. Accelerating Student Success College Initiative of
2010
72700. This article shall be known, and may be cited as, the
Accelerating Student Success College Initiative of 2010.
72701. It is the intent of the Legislature, in enacting this
article, to provide an opportunity for up to five colleges, after
being recognized by the Chancellor of the California Community
Colleges as accelerating student success colleges, to apply for
relief from requirements in various sections of this code and
regulations in Title 5 of the California Code of Regulations as a
method to accomplish all of the following:
(a) Improve student success.
(b) Encourage flexibility for college leaders and faculty to
accomplish existing state objectives in statutes and regulations from
which relief is being sought relating to community colleges.
(c) Hold the colleges accountable for meeting measurable student
outcomes, and to provide the colleges with a method to change from a
rule-based to a performance-based accountability system.
(d) Provide for funding based on student completion of educational
courses and programs rather than class attendance at the third week
of enrollment.
72702. (a) The governing board of a community college district,
after collegial consultation with the academic senate of the college,
may petition the chancellor for designation as an accelerating
student success college. The petition shall include the strategic
plan adopted pursuant to Section 72705.
(b) Before submitting a petition for designation to the
chancellor, the governing board shall hold at least one public
hearing at which the board will consider the views of the students,
employees, recognized employee organizations, and representatives of
the college community.
(c) The chancellor may authorize no more than five community
colleges to be designated as an accelerating student success college.
In the event a community college district with more than one college
submits a petition, it shall nominate no more than one college for
designation.
(d) Designation as an accelerating student success college shall
be for an initial term of five years. During the first three years,
an accelerated student success college may elect to receive
apportionment based on existing statutory and regulatory provisions,
or as provided for in Section 72706.
(e) The chancellor shall evaluate the strategic plan adopted
pursuant to Section 72705 as the primary basis for determining
whether to grant the petition for designation as an accelerating
student success college.
72703. (a) At the time a governing board files a petition for
designation as an accelerating student success college, the governing
board may request the chancellor to accept the district's strategic
plan adopted pursuant to Section 72705 in lieu of adherence to all or
part of Sections 48800, 66738, 66739.5, 78213, 78214, and 78216 of
this code, and Sections 53415, 55003, and 58170 of Title 5 of the
California Code of Regulations.
(b) Any request for relief submitted by the governing board
pursuant to subdivision (a) shall include a written statement as to
both of the following:
(1) Whether the exclusive representative, if any, as provided in
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, participated in the development of the
strategic plan adopted pursuant to Section 72705.
(2) The exclusive representative's position regarding the
strategic plan adopted pursuant to Section 72705.
(c) The governing board of an accelerating student success college
requesting relief pursuant to subdivision (a) shall provide written
notice of any public hearing it conducted pursuant to subdivision (b)
of Section 72702, at least 30 days prior to the hearing, to each
exclusive representative.
(d) The chancellor shall approve any and all requests for relief
made pursuant to subdivision (a), except in those cases where the
chancellor specifically finds any of the following:
(1) The educational needs of the students are not adequately
addressed.
(2) The request would substantially increase state costs.
(3) The exclusive representative, if any, as provided in Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, was not a participant in the development of the
strategic plan adopted pursuant to Section 72705.
(e) If formal action by the chancellor on a petition and request
for relief made pursuant to subdivision (a) is not taken within 60
days following receipt of a complete and documented petition and
request for relief by the office of the chancellor, the petition and
request for relief shall be deemed approved for five years,
commencing on the first day of the following month.
72704. The governing board of an accelerating student success
college shall annually submit a report to the Governor, the
Legislature, the Board of Governors of the California Community
Colleges, and the Chancellor of the California Community Colleges.
This report shall include a description of the progress made toward
fulfilling the intent of this article and the strategic plan adopted
pursuant to Section 72705.
72705. (a) As a condition of being designated an accelerating
student success college, the governing board, after collegial
consultation with the college's academic senate, shall adopt a
strategic plan designed to demonstrate how the community college
intends to make specified progress on the outcome measures specified
in subdivision (c) of Section 84754.5.
(b) The strategic plan shall identify the strategy that the
community college will adopt to attain the state's specific objective
or objectives for the statute or regulation from which relief is
being sought pursuant to subdivision (c) of Section 72703, along with
measurable objectives, metrics to be reported, and benchmark levels
of results to be obtained.
72706. (a) Except as provided for in subdivision (b), the method
of computing the units of full-time equivalent student for
apportionment purposes for credit courses offered by accelerating
student success colleges shall be as follows:
(1) For credit courses that are scheduled regularly with respect
to the number of days of the week and the number of hours the course
meets each week, inclusive of holidays, and scheduled coterminously
with the college's primary term, the units of full-time equivalent
student, exclusive of independent study and cooperative
work-experience education courses, shall be computed, pursuant to
subdivision (b) of Section 58003.1 of Title 5 of the California Code
of Regulations, by using the student contact hours of students
receiving an evaluative academic record symbol other than F (Failing)
or NP (No Pass), as defined by the Board of Governors of the
California Community Colleges.
(2) For credit courses scheduled to meet for five or more days and
scheduled regularly with respect to the number of hours during each
scheduled day, but not scheduled coterminously with the college's
primary term, or scheduled during the summer or other intersession,
the units of full-time equivalent student, exclusive of independent
study and cooperative work-experience education courses, shall be
computed, pursuant to subdivision (c) of Section 58003.1 of Title 5
of the California Code of Regulations, by using the student contact
hours of students receiving an evaluative academic record symbol
other than F (Failing) or NP (No Pass), as defined by the Board of
Governors of the California Community Colleges.
(b) An accelerating student success college that calculates less
units of full-time equivalent student for apportionment purposes than
is required by subdivision (a) may be allocated an additional one
thousand dollars ($1,000) per student reported annually as completing
an associate degree or certificate in an occupational program
approved by the office of the chancellor up to, but not exceeding,
the allowed full-time equivalent student base funding as reported to
the office of the chancellor during the last full academic year
preceding designation as an accelerating student success college.
72707. (a) The approval by a governing board of a community
college district to petition for designation as an accelerating
student success college pursuant to subdivision (a) of Section 72702
shall not be deemed to be within the scope of bargaining, otherwise
controlled by a collective bargaining agreement, or subject to review
or regulation by the Public Employment Relations Board.
(b) Notwithstanding subdivision (a), a request for relief made
pursuant to subdivision (a) of Section 72703 that reasonably and
directly relates to any provision of an existing labor agreement must
have the concurrence of the exclusive representative of the
bargaining unit.
(c) The Public Employment Relations Board shall take into account
the intent of the Accelerating Student Success College Initiative of
2010 when deciding cases brought before it related to accelerating
student success colleges.
72708. No later than five years from the date an accelerated
student success college has been granted relief pursuant to Section
72703, the college shall prepare and submit a report to the
chancellor that evaluates whether the relief, in whole or in part,
has contributed to achieving the intent of the Legislature as set
forth in Section 72701 and whether Section 72703 should be amended to
authorize relief from additional provisions of law.
SEC. 2. 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.
