SECTIONS 70900-70902 - California Statutes

EDUCATION CODE

SECTION 70900-70902

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.

70900.5. This part shall be known, and may be cited, as the "Walter
Stiern Act."

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) (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) 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 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) (A) Review and approve all educational programs offered by
community college districts. The board of governors shall adopt
regulations defining the conditions under which a community college
district may offer, without the need for approval by the board of
governors, a credit course that is not part of an approved
educational program. Regulations adopted under this paragraph shall
ensure that appropriate safeguards involving training and monitoring
are in place, and shall ensure that the authority to offer credit
courses that are not part of an approved educational program does not
have the effect of permitting community college districts to operate
educational programs without the approval of the board of governors.
(B) In a manner that is consistent with the regulations adopted by
the board of governors under this paragraph, the chancellor shall
monitor courses approved pursuant to the act that adds this
subparagraph. The chancellor shall prepare and submit a report to the
chairpersons of the appropriate policy and fiscal committees of the
Legislature on or before January 1, 2012. This report shall include,
but not necessarily be limited to, a description of the results of
the monitoring and the extent to which community college districts
have complied with applicable regulations of 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 remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

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) 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 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, 2013.

70901.1. 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.

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) 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.

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
"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) 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 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) 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) (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 or activity, or may
otherwise act, in any manner that is not in conflict with,
inconsistent with, or preempted by, any law, and that is not in
conflict with the purposes for which community college districts are
established.
(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) In furtherance 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) (A) Establish policies for and approve credit courses of
instruction and educational programs. The educational programs shall
be submitted to the board of governors for approval. A credit course
of instruction that is not offered in an approved educational program
may be offered without the approval of the board of governors only
under conditions authorized by regulations adopted by the board of
governors.
(B) 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, 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, 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) 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. 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) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

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) 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 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 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) 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. 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) This section shall become operative on January 1, 2013.