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, local districts shall carry out the functions specified in Section 70902, and the California Online Community College shall carry out the functions specified in Section 75003.
Part 43THE CALIFORNIA COMMUNITY COLLEGES
Section § 70900
The California Community Colleges system is officially established as part of postsecondary education. It's made up of individual community college districts and the Board of Governors. The Board of Governors, local districts, and the California Online Community College each have their own specific duties and responsibilities as outlined in other sections.
California Community Colleges postsecondary education community college districts Board of Governors local districts California Online Community College educational system Section 70901 Section 70902 Section 75003 community college management responsibilities educational governance college functions educational law
Section § 70900.5
This section of the law is officially named the 'Walter Stiern Act.'
This part shall be known, and may be cited, as the “Walter Stiern Act.”
Walter Stiern Act naming citation law naming act title official name education statute legislative naming act citation California education statute designation legal naming convention
Section § 70901
This section outlines the responsibilities of the Board of Governors for California Community Colleges. They provide leadership and ensure local control remains strong. The Board sets minimum standards for various aspects, like academic requirements, staff employment, and district formation. They also oversee the fiscal and educational effectiveness of college districts and assist in management issues. They handle state support programs, budget proposals, and facility planning, and they coordinate with legislative bodies. The Board can establish rules and delegate powers to certain officers or committees but must consult with community college representatives. They also manage an online community college with specific staffing and budgeting rules. In this role, they handle contracts and collective bargaining agreements specifically for the online college.
(a)CA Education Code § 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)CA Education Code § 70901(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)CA Education Code § 70901(b)(1) Establish minimum standards as required by law, including, but not limited to, the following:
(A)CA Education Code § 70901(b)(1)(A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies.
(B)CA Education Code § 70901(b)(1)(B) Minimum standards for the employment of academic and administrative staff in community colleges.
(C)CA Education Code § 70901(b)(1)(C) Minimum standards for the formation of community colleges and districts.
(D)CA Education Code § 70901(b)(1)(D) Minimum standards for credit and noncredit classes.
(E)CA Education Code § 70901(b)(1)(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)CA Education Code § 70901(b)(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)CA Education Code § 70901(b)(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)Copy CA Education Code § 70901(b)(4)
(A)Copy CA Education Code § 70901(b)(4)(A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies.
(B)CA Education Code § 70901(b)(4)(A)(B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status.
(5)Copy CA Education Code § 70901(b)(5)
(A)Copy CA Education Code § 70901(b)(5)(A) 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:
(i)Copy CA Education Code § 70901(b)(5)(A)(i)
(I)Copy CA Education Code § 70901(b)(5)(A)(i)(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.
(ii)CA Education Code § 70901(b)(5)(A)(ii) To the extent authorized by law, establish the method for determining and allocating the state general apportionment.
(iii)CA Education Code § 70901(b)(5)(A)(iii) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes.
(B)CA Education Code § 70901(b)(5)(A)(B) The board of governors may enter into a direct contract with the Academic Senate for the California Community Colleges for the purpose of supporting statewide initiatives, projects, and programs within the purview of the Academic Senate for the California Community Colleges. If the board of governors elects to enter into a direct contract with the Academic Senate for the California Community Colleges, the contract shall specify the objectives
and the expected outcomes of the contract.
(6)Copy CA Education Code § 70901(b)(6)
(A)Copy CA Education Code § 70901(b)(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)CA Education Code § 70901(b)(6)(A)(B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district.
(7)CA Education Code § 70901(b)(7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services.
(8)CA Education Code § 70901(b)(8) Facilitate articulation with other segments of higher education with secondary education.
(9)CA Education Code § 70901(b)(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)CA Education Code § 70901(b)(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)CA Education Code § 70901(b)(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)CA Education Code § 70901(b)(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)CA Education Code § 70901(b)(13) Establish policies regarding interdistrict attendance of students.
(14)CA Education Code § 70901(b)(14) Advise and assist governing boards of community college districts on the implementation and interpretation of state and federal laws affecting community colleges.
(15)CA Education Code § 70901(b)(15) Contract for the procurement of goods and services, as necessary.
(16)CA Education Code § 70901(b)(16) Carry out other functions as expressly provided by law.
(c)CA Education Code § 70901(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)CA Education Code § 70901(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 power shall prescribe the limits of delegation.
(e)CA Education Code § 70901(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)Copy CA Education Code § 70901(f)
(1)Copy CA Education Code § 70901(f)(1) The board of governors shall administer the online community college established pursuant to subdivision (a) of Section 75001. In its capacity as the governing board of the online community college, the board of governors shall carry out the functions specified in Section 75003. Members of the board of governors shall receive their actual and necessary traveling expenses while on official business. Each member shall also receive one hundred dollars ($100) for each day he or she is attending to official business.
(2)Copy CA Education Code § 70901(f)(2)
(A)Copy CA Education Code § 70901(f)(2)(A) The board of governors shall contract with a community college district board of trustees for purposes of establishing a separate collective bargaining agreement with employees of the online community college pursuant to the Educational Employment Relations Act established in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. The Chancellor of the California Community Colleges shall designate the contract community college district. Employees represented by the collective bargaining agreement established pursuant to this paragraph shall be recruited, recommended for hire, and assigned and directed by the chief executive officer of the online community college appointed pursuant to subdivision (d) of Section 75005.
(B)CA Education Code § 70901(f)(2)(A)(B) Notwithstanding subdivision (d) of Section 75007, the contract entered into pursuant to subparagraph (A) shall be exempt from any provision of law relating to competitive
bidding, and shall be exempt from the review or approval of any division of the Department of General Services. For only the contract, or contracts, applicable to subparagraph (A) the chancellor’s office shall also be exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code.
(C)CA Education Code § 70901(f)(2)(A)(C) The chief executive officer of the online college or his or her designee shall participate in the collective bargaining process pursuant to subparagraph (A).
(3)CA Education Code § 70901(f)(3) The chief executive officer of the online college shall clarify the identity of the employer of record for all staff of the online college.
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Section § 70901.1
This law requires the Board of Governors of California Community Colleges to create rules allowing community colleges to accept admission applications, residency forms, and other documents online. It also mandates that colleges inform applicants and students about the security of electronically submitted information.
The Board of Governors of the California Community Colleges shall adopt regulations that permit the governing board of a community college district to allow applications for admission, student residency determination forms, and other documents to be submitted electronically. The regulations shall require that applicants and students be informed of the relative security of the information they submit electronically.
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Section § 70901.2
This law explains how representatives of classified staff (non-teaching employees like support staff) are appointed to serve on college or district task forces, committees, or other governance groups. If the classified staff have an exclusive representative, that representative appoints someone for the task force. However, the exclusive representative and the local governing board can agree on a different appointment method through a written agreement. Other employee organizations can discuss shared governance issues but don't get more participation rights than the exclusive representative.
If there's no exclusive representative, the local governing board has to decide how to choose a staff representative for these groups.
(a)CA Education Code § 70901.2(a) Notwithstanding any other provision of law, when a classified staff representative is to serve on a college or district task force, committee, or other governance group, the exclusive representative of classified employees of that college or district shall appoint the representative for the respective bargaining unit members. The exclusive representative of the classified employees and the local governing board may mutually agree to an alternative appointment process through a memorandum of understanding. A local governing board may consult with other organizations of classified employees on shared governance issues that are outside the scope of bargaining. These organizations shall not receive release time, rights, or representation on shared governance task forces, committees, or other governance groups exceeding that offered to the exclusive representative of classified employees.
(b)CA Education Code § 70901.2(b) A local governing board shall determine a process for the selection of a classified staff representative to serve on those task forces, committees, or other governance groups in a situation where no exclusive representative exists.
classified staff representative task force appointment exclusive representative memorandum of understanding local governing board alternative appointment process shared governance bargaining unit staff representation college governance district committees non-teaching employees support staff rights mutual agreement employee organizations
Section § 70901.5
This section outlines the process for the California Community Colleges' Board of Governors to adopt rules and regulations. They must notify districts and interested parties 45 days in advance of any regulatory change and ensure these rules meet certain standards for clarity and consistency.
An estimate of financial impacts must accompany proposed regulations. The board must consider public feedback before adopting rules. If a significant number of governing boards disapprove, the regulation's start date is paused for further review.
The board can modify, reaffirm, or withdraw regulations after additional comments and hearings. If a new rule mandates local costs, it won't pass without funding certification. New proposals or challenges can be made by any district or party. Some government procedural rules do not apply unless specified.
(a)CA Education Code § 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)CA Education Code § 70901.5(a)(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)CA Education Code § 70901.5(a)(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)CA Education Code § 70901.5(a)(3) The board of governors shall ensure that all proposed regulations of the board meet the standards of “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication,” 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)CA Education Code § 70901.5(a)(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)CA Education Code § 70901.5(a)(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 45 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)CA Education Code § 70901.5(a)(5)(A) Reject or withdraw the regulation.
(B)CA Education Code § 70901.5(a)(5)(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)CA Education Code § 70901.5(a)(5)(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)CA Education Code § 70901.5(a)(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)CA Education Code § 70901.5(a)(7) Any district or other interested party may propose a new regulation or challenge any existing regulation.
(b)CA Education Code § 70901.5(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.
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Section § 70902
This law outlines the responsibilities and powers of the governing board of each community college district in California. The board is tasked with managing community colleges, including setting rules, programs, and academic standards according to state laws. It must plan educational and facility growth, approve courses and programs, and establish employment and financial practices, including budgets, taxes, and bonds. The board also oversees property management, student conduct, and fee structures.
Additionally, the board is responsible for promoting participation from faculty, staff, and students in governance, managing gifts and scholarships, and determining the academic calendar. Authorities include contracting services and acquiring property by eminent domain. The board may delegate powers to officers or employees, but cannot delegate nondelegable powers defined by law. This law became effective on January 1, 2014.
(a)Copy CA Education Code § 70902(a)
(1)Copy CA Education Code § 70902(a)(1) 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.
(2)CA Education Code § 70902(a)(2) 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)CA Education Code § 70902(b) In furtherance of subdivision (a), the governing board of each community college district shall do all of the following:
(1)CA Education Code § 70902(b)(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)CA Education Code § 70902(b)(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)CA Education Code § 70902(b)(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)CA Education Code § 70902(b)(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)CA Education Code § 70902(b)(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)CA Education Code § 70902(b)(6) Manage and control district property. The governing board may contract for the procurement of goods and services as authorized by law.
(7)CA Education Code § 70902(b)(7) Establish procedures that are consistent 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, to ensure that these opinions are given every reasonable consideration, to ensure the right to participate effectively in district and college governance, and to ensure the right of academic senates to assume primary
responsibility for making recommendations in the areas of curriculum and academic standards.
(8)CA Education Code § 70902(b)(8) Establish rules and regulations governing student conduct.
(9)CA Education Code § 70902(b)(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)CA Education Code § 70902(b)(10) In its discretion, receive and administer gifts, grants, and scholarships.
(11)CA Education Code § 70902(b)(11) Provide auxiliary services as deemed necessary to achieve the purposes of the community college.
(12)CA Education Code § 70902(b)(12) Within the framework provided by law, determine the district’s academic calendar, including the holidays it will observe.
(13)CA Education Code § 70902(b)(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)CA Education Code § 70902(b)(14) Participate in the consultation process established by the board of governors for the development and review of policy proposals.
(c)CA Education Code § 70902(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)CA Education Code § 70902(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. However, 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.
(e)CA Education Code § 70902(e) This section shall become operative on January 1, 2014.
community college governance board of trustees academic standards college district management educational programs employment practices operational budgets student conduct rules property management eminent domain delegation of powers faculty participation staff governance student fees academic calendar
