BILL NUMBER: SB 42 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
DECEMBER 2, 2014
An act to amend Section 27.6 of the Business and Professions Code,
to amend Sections 11001, 11005, 11700, 12200, 32500, 44212, 44784,
52342, 52957, 54703, 66010.4, 66010.6, 66010.7, 66040.3, 66742,
66743, 66901, 66903, 66903.3, 66905, 66941, 67002, 67003, 67312,
67382, 68052, 69562, 69655, 69966, 74292, 81004, 81005, 89002, 89011,
89070.35, 89070.40, 89720, 92605, 94155, 99151, 99181, 99182, and
99202 of, to amend the heading of Chapter 11 (commencing with Section
66900) of Part 40 of Division 5 of Title 3 of, to repeal Sections
45351, 66902.5, 66903.1, and 87482.4 of, and to repeal and add
Sections 66900 and 66903.2 of, the Education Code, to amend Section
11126 of the Government Code, to amend Section 128030 of, and to
repeal Section 127785 of, the Health and Safety Code, to amend
Section 24357.8 of the Revenue and Taxation Code, to amend Section
10529 of the Unemployment Insurance Code, and to amend Sections
4341.5 and 4421 of the Welfare and Institutions Code, relating to
postsecondary education.
LEGISLATIVE COUNSEL'S DIGEST
SB 42, as introduced, Liu. Postsecondary education: California
Commission on Higher Education Performance and Accountability.
Existing law establishes the California Postsecondary Education
Commission (CPEC) as the statewide postsecondary education
coordinating and planning agency, and provides for its functions and
responsibilities. Existing law also provides for the composition of
CPEC's membership.
This bill would change the composition of, and rename, CPEC as the
California Commission on Higher Education Performance and
Accountability, and would recast and revise its various functions and
responsibilities. The bill would make conforming changes to, delete
obsolete provisions of, and make numerous nonsubstantive changes to,
existing law.
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 27.6 of the Business and Professions Code is
amended to read:
27.6. The successor agency to the Bureau for Private
Postsecondary and Vocational Education shall transmit any available
data regarding school performance, including, but not limited to,
attendance and graduation rates, it receives from any schools under
its jurisdiction to the California Postsecondary Education
Commission. Commission on Higher Education Performance
and Accountability.
SEC. 2. Section 11001 of the Education Code is amended to read:
11001. (a) The Chancellor of the California
State University shall establish an advisory committee to assist in
selecting proposals to be funded and developing criteria for project
evaluation. The committee shall be composed of the following members:
(a)
(1) Two certificated secondary school teachers,
including at least one junior high or intermediate school teacher,
appointed by the Superintendent of Public Instruction.
Superintendent.
(b)
(2) Two certificated secondary school employees with
responsibility for curriculum administration, appointed by the
Superintendent of Public Instruction.
Superintendent.
(c)
(3) One director of a regional consortium participating
in the California Student Opportunity Access Program established
pursuant to Chapter 113 of the Statutes of 1978, appointed by the
Student Aid Commission.
(d)
(4) Two representatives of the California Community
Colleges, to be appointed by the Board of Governors of the California
Community Colleges, at least one of whom shall be a faculty member.
(e)
(5) Two representatives of the California State
University, to be appointed by the Chancellor of the California State
University, at least one of whom shall be a faculty member.
(f)
(6) Two representatives of the University of
California, appointed by the President of the University of
California, at least one of whom shall be a faculty member.
(g)
(7) One representative, appointed by the Director of
the California Postsecondary Education Commission.
Commission on Higher Education Performance and Accountability.
Faculty
(b) Faculty appointments to the
advisory committee shall be made by the appropriate appointing
authority through consultation with the faculty senate.
SEC. 3. Section 11005 of the Education Code is amended to read:
11005. Based upon evaluations conducted pursuant to former
Section 11004, the California Postsecondary Education
Commission Commission on Higher Education
Performance and Accountability may identify projects that are
ineffective or not cost-effective for termination. Funds made
available as a result of that termination shall be reallocated for
the awarding of new grants pursuant to Section 11003.
SEC. 4. Section 11700 of the Education Code is amended to read:
11700. (a) It is the intent of the Legislature that the Center
for International Education Synergy be established through a joint
powers agreement, entered into pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code,
between the Sweetwater Union High School District, the Southwestern
Community College District, and San Diego State University. It is the
intent of the Legislature that a joint powers agency created
pursuant to the joint powers agreement own and maintain the land and
facilities for the Center for International Education Synergy at the
Otay Mesa Off-Campus Center.
(b) In addition to funding appropriated by the Legislature for
purposes of the Center for International Education Synergy, entities
participating in the establishment and operation of the center are
encouraged to seek supplemental funding, including, but not limited
to, funding from foundations, corporations, and other public
entities.
(c) Any postsecondary education facilities and programs developed
pursuant to this section shall be subject to the requirements of
Section 66903 as they apply to the governing boards of public
postsecondary educational institutes.
institutions.
(d) The Center for International Education Synergy shall be
established only upon approval by the California
Postsecondary Education Commission Commission on
Higher Education Performance and Accountability based on a
needs study and subsequent approval from the Department of Finance.
SEC. 5. Section 12200 of the Education Code is amended to read:
12200. (a) The State Board of
Education state board is vested with all
necessary power and authority to perform all acts necessary to
authorize governing boards of districts maintaining community
colleges to receive the benefits and to expend the funds provided by
any acts of Congress under which districts maintaining community
colleges may be eligible to receive benefits, including, but not
limited to, Title VII of the National Housing Act of 1961
(Public Law 87-70), as amended, and any of the acts of Congress
referred to in this chapter. The state board is vested
with all necessary power and authority to authorize districts
maintaining community colleges to cooperate with the government of
the United States, or any agency or agencies thereof, for the purpose
of receiving the benefits and expending the funds provided by
said those acts of Congress, or any
rules or regulations adopted thereunder,
under those acts, or any state plan or rules or regulations of
the California Postsecondary Education Commission
Commission on Higher Education Performance and Accountability
adopted in accordance with any of said
those acts of Congress under which the California
Postsecondary Education Commission
Commission on Higher Education Performance and Accountability
is designated in this chapter as the state educational agency.
Whenever necessary to secure the full benefits of said
those acts of Congress, the governing board may
give such security as may be required and may comply with such
conditions as may be imposed by the federal government. The funds
received by the district under the provisions of said
those acts of Congress shall be deposited in the
county treasury treasury, as provided
for in Section 84001.
This
(b) This section shall
be is applicable to only those acts of Congress
which that have been enacted
prior to before January 1, 1967.
SEC. 6. Section 32500 of the Education Code is amended to read:
32500. (a) In order to encourage greater involvement of
educational institutions in planning and developing prison-based
educational programs, the Director Secretary
of the Department of Corrections and
Rehabilitation , the Chancellor of the California State
University and Colleges, University, the
Chancellor of the California Community Colleges, and the
Superintendent of Public Instruction, Superintendent,
with the advice of the California Postsecondary
Education Commission, Commission on Higher Education
Performance and Accountability, shall enter into interagency
agreements. Such These agreements shall
provide for, but not be limited to, all of the following:
(1) A determination of the roles of the Department of Corrections
and Rehabilitation , the office of the Chancellor of the
California State University and Colleges,
University the office of the Chancellor of the California
Community Colleges, and the State Department of Education,
in developing policy for prison-based educational programs.
(2) Joint policy and program planning.
(b) The Director Secretary of
the Department of Corrections and Rehabilitation ,
the Chancellor of the California State University and
Colleges, University, the Chancellor of the
California Community Colleges, and the Superintendent of
Public Instruction shall appoint an advisory committee to
do, but not be limited to doing, all of the following:
(1) Making recommendations on the use of instructional television
in these programs.
(2) Reviewing and making recommendations relating to any proposed
budgets for these programs.
(3) Reviewing and making recommendations relating to the
implementation of the interagency agreement.
(c) Notwithstanding the other provisions of this section, the
Director Secretary of the
Department of Corrections and Rehabilitation shall
administer all prison-based education programs.
SEC. 7. Section 44212 of the Education Code, as amended by Section
37 of Chapter 71 of the Statutes of 2014, is amended to read:
44212. (a) (1) The Regents
of the University of California, the Trustees of the California State
University, the California Postsecondary Education
Commission, Commission on Higher Education Performance
and Accountability, and the Association of Independent
California Colleges and Universities shall each appoint a
representative to serve as member ex officio without vote in
proceedings of the commission.
(2) The Board of Governors of the California Community Colleges
may appoint an alternate representative to serve as an ex officio
member in the absence of the California Postsecondary Education
Commission's representative.
(b) The ex officio members shall not vote in the proceedings of
the commission or in any of its committees or subcommittees, except,
by a majority vote of the commission, ex officio members may be
permitted to vote in committees or subcommittees in order to
establish a quorum or as otherwise determined by majority vote of the
commission.
SEC. 8. Section 44784 of the Education Code is amended to read:
44784. (a) The institution selected under Section 44782 shall be
assisted by an advisory committee, the function of which shall be:
(1) To review and comment on plans for the establishment of the
resource centers.
(2) To assist in determining criteria for local and private
funding matches to be required for the operation of each resource
center.
(3) To advise the project on the selection of proposals for
funding.
(b) The advisory committee shall contain
be composed of the following members:
(1) Ten members appointed by representatives of higher education,
two each to be selected by the President of the University of
California, the Chancellor of the California State University, the
Chancellor of the California Community Colleges, the Association of
Independent California Colleges and Universities, and the California
Postsecondary Education Commission.
Commission on Higher Education Performance and Accountability.
At least one of the appointees of each of these appointing entities
shall be an elementary or secondary school classroom teacher with
classroom experience in international studies instruction.
(2) Four public members with special interest or competence in
international affairs, representing business, community, and subject
area educational organizations, one each to be selected by the
Superintendent of Public Instruction,
Superintendent, the Governor, the Speaker of the Assembly, and
the Senate Committee on Rules.
(3) Three certificated school teachers, or other educators, with
classroom experience in international studies instruction, to be
designated by the institution selected to operate the project.
SEC. 9. Section 45351 of the Education Code is repealed.
45351. (a) No later than June 30, 1990, the Office of the
Chancellor of the California Community Colleges shall issue requests
for proposal from community college districts for the establishment
of an Associate of Arts, Teacher Assistant program. The requests for
proposal shall describe the requirements set forth in subdivision
(c), and shall be developed in consultation with representatives of
the Superintendent of Public Instruction, the President of the
University of California, the Chancellor of the California State
University, the Chancellor of the California Community Colleges, the
Executive Director of the California Postsecondary Education
Commission, the Commission on Teacher Credentialing, the statewide
Academic Senate for Community Colleges, and the President of the
Association of Independent Colleges and Universities. That program
shall include, but not necessarily be limited to, the two-year course
of study described in Section 45350 and the awarding of an Associate
of Arts, Teacher Assistant degree.
(b) The chancellor shall select two community college districts
from separate geographic areas of this state for the purposes of this
section, and shall allocate to each of those districts for the
1990-91 school year a planning grant of not less than twenty-five
thousand dollars ($25,000).
(c) Each of the community college districts selected and funded
under this section shall do all of the following:
(1) Implement the Associate of Arts, Teacher Assistant program in
one or more community colleges, commencing with the 1991-92 school
year.
(2) Ensure that each student enrolled in the program shall work
under the direct supervision of a credentialed classroom teacher.
(3) Design the program to ensure that credit hours earned under
the program at any community college are transferable to teacher
preparation programs conducted at California State University
campuses in the same region as that community college.
(4) No later than October 1, 1993, collect, and make available to
the California Postsecondary Education Commission for purposes of the
evaluation described in Section 45355, the following data for the
1991-92 and 1992-93 school years:
(A) The number of persons who enrolled in the program, and the
number of persons who completed the program.
(B) Demographic information concerning those persons.
(C) The number and percentage of graduates of the program who pass
the examination described in subdivision (c) of Section 45350.
(D) The number and percentage of graduates of the program who have
obtained employment as teacher assistants, as reported pursuant to
Section 45353.
SEC. 10. Section 52342 of the Education Code is amended to read:
52342. In the implementation of this article, the State
Department of Education shall, on a regular basis, advise and consult
with representatives of the Employment Development Department, the
Board of Governors of the California Community Colleges, the
California Postsecondary Education Commission,
Commission on Higher Education Performance and Accountability,
the University of California, the Chancellor of the California
State University, the Commission on Teacher Credentialing, the
Department of Industrial Relations, the Department of Consumer
Affairs, the California Advisory Council on Career Technical
Education and Technical Training, and the State Personnel Board.
SEC. 11. Section 52957 of the Education Code is amended to read:
52957. The advisory committee shall include:
(a) One representative selected by the California
Postsecondary Education Commission. Commission on
Higher Education Performance and Accountability.
(b) Two representatives selected by the President of the
University of California, one of whom has the responsibility for
teaching science.
(c) Two representatives selected by the Chancellor of the
California State University, one of whom has the responsibility for
teaching science.
(d) Two representatives selected by the Chancellor of the
California Community Colleges, one of whom has the responsibility for
teaching science.
(e) Four public school classroom teachers of science, and one
additional representative, selected by the Superintendent of
Public Instruction. Superintendent.
(f) One teacher of science plus a representative selected by the
Association of Independent California Colleges and Universities.
(g) One representative of business and industry selected by the
Industry Education Council of California.
(h) One representative of California labor, selected by the
California branch of the American Federation of Labor-Congress of
Industrial Organizations (AFL-CIO).
(i) One representative of the National Science Supervisors
Association.
(j) One representative of a national laboratory, selected by the
Regents of the University of California.
SEC. 12. Section 54703 of the Education Code is amended to read:
54703. The Superintendent of Public Instruction
shall prepare rules and regulations necessary to implement
the provisions of this article, including rules and regulations
which: that:
(a) Prescribe the procedure by which a district shall identify
pupils who are traditionally underrepresented in higher education.
(b) Provide for the rendering of technical assistance
which, that, upon request, shall be available to
enable school districts and schools to design, implement, or
evaluate the University and College Opportunities Programs authorized
by this article.
(c) Identify effective practices regarding, but not necessarily
limited to, University and College Opportunities Programs
and which college and university opportunities
programs, and disseminate information regarding these programs
to each participating school district and county superintendent of
schools.
(d) Develop, in conjunction with the California
Postsecondary Education Commission, Commission on
Higher Education Performance and Accountability, common data
elements, which elements that can be
used by secondary and postsecondary educators to assess and improve
program performance.
SEC. 13. Section 66010.4 of the Education Code is amended to read:
66010.4. The missions and functions of California's public and
independent segments, and their respective institutions of higher
education shall be differentiated as follows:
(a) (1) The California Community Colleges shall, as a primary
mission, offer academic and vocational instruction at the lower
division level for both younger and older students, including those
persons returning to school. Public community colleges shall offer
instruction through but not beyond the second year of college. These
institutions may grant the associate in arts and the associate in
science degree.
(2) In addition to the primary mission of academic and vocational
instruction, the community colleges shall offer instruction and
courses to achieve all of the following:
(A) The provision of remedial instruction for those in need of it
and, in conjunction with the school districts, instruction in English
as a second language, adult noncredit instruction, and support
services which that help students
succeed at the postsecondary level are reaffirmed and supported as
essential and important functions of the community colleges.
(B) The provision of adult noncredit education curricula in areas
defined as being in the state's interest is an essential and
important function of the community colleges.
(C) The provision of community services courses and programs is an
authorized function of the community colleges so long as their
provision is compatible with an institution's ability to meet its
obligations in its primary missions.
(3) A primary mission of the California Community Colleges is to
advance California's economic growth and global competitiveness
through education, training, and services that contribute to
continuous work force improvement.
(4) The community colleges may conduct
conduct, to the extent that state funding is provided,
institutional research concerning student learning and retention as
is needed to facilitate their educational missions.
(b) The California State University shall offer undergraduate and
graduate instruction through the master's degree in the liberal arts
and sciences and professional education, including teacher education.
Presently established two-year programs in agriculture are
authorized, but other two-year programs shall be permitted only when
mutually agreed upon by the Trustees of the California State
University and the Board of Governors of the California Community
Colleges. The doctoral degree may be awarded jointly with the
University of California, as provided in subdivision (c) and pursuant
to Section 66904. The doctoral degree may also be awarded jointly
with one or more independent institutions of higher education,
provided that the proposed doctoral program is approved by the
California Postsecondary Education Commission.
Commission on Higher Education Performance and Accountability.
Research, scholarship, and creative activity in support of its
undergraduate and graduate instructional mission is authorized in the
California State University and shall be supported by the state. The
primary mission of the California State University is undergraduate
and graduate instruction through the master's degree.
(c) The University of California may provide undergraduate and
graduate instruction in the liberal arts and sciences and in the
professions, including the teaching professions. It shall have
exclusive jurisdiction in public higher education over instruction in
the profession of law and over graduate instruction in the
professions of medicine, dentistry, and veterinary medicine. It has
the sole authority in public higher education to award the doctoral
degree in all fields of learning, except that it may agree with the
California State University to award joint doctoral degrees in
selected fields. The University of California shall be the primary
state-supported academic agency for research.
(d) The independent institutions of higher education shall provide
undergraduate and graduate instruction and research in accordance
with their respective missions.
SEC. 14. Section 66010.6 of the Education Code is amended to read:
66010.6. (a) The missions of agencies
charged with coordination, administration, or implementation of
higher education policies and programs in California shall be as
follows:
(a)
(1) The California Postsecondary Education
Commission Commission on Higher Education Performance
and Accountability is the statewide postsecondary education
coordinating and planning agency. The commission shall serve as a
principal fiscal and program advisor to the Governor and the
Legislature on postsecondary educational policy. Consistent with
Section 66903, the commission's responsibilities shall include, but
not be limited to, all of the following:
(1)
(A) Analysis and recommendations related to long-range
planning for public postsecondary education.
(2)
(B) Analysis of state policy and programs involving the
independent and private postsecondary educational sectors.
(3)
(C) Analysis and recommendations related to program
and policy review.
(4)
(D) Resource analysis.
(5)
(E) Maintenance and publication of pertinent public
information relating to all aspects of postsecondary education.
The commission
(2) The California Commission on Higher
Education Performance and Accountability shall consult with
the postsecondary educational segments and with relevant state
agencies, including the Student Aid Commission, the
Superintendent of Public Instruction, Superintendent
and other relevant parties, in its preparation of analyses and
recommendations to the Governor and the Legislature. However, the
commission shall remain an independent and nonpartisan body
responsible for providing an integrated and segmentally unbiased view
for purposes of state policy formulation and evaluation.
(b) The California (1)
The Student Aid Commission is the primary state agency for
the administration of state-authorized student financial aid
programs available to students attending all segments of
postsecondary education. These programs include grant, work study,
and loan programs supported by the state and the federal government.
Consistent
(2) Consistent with this
responsibility, the Student Aid Commission shall provide,
in consultation with the postsecondary education segments and
relevant state agencies, policy leadership on student financial aid
issues, evaluate the effectiveness of its programs, conduct research
and long-range planning as a foundation for program improvement,
report on total state financial aid needs, and disseminate
information to students and their families.
(c) The Council for Private Postsecondary and Vocational Education
is the primary state agency responsible for approving and regulating
private postsecondary and vocational educational institutions and
for developing state policies for private postsecondary and
vocational education in California. The council shall represent the
private postsecondary and vocational education institutions in all
state level planning and policy discussions about postsecondary and
vocational education.
SEC. 15. Section 66010.7 of the Education Code is amended to read:
66010.7. (a) The Legislature, through the enactment of this
section, expresses its commitment to encourage and support
collaboration and coordination among all segments of education.
(b) Within the differentiation of segmental functions outlined in
this article, the institutions of higher education shall undertake
intersegmental collaboration and coordination particularly when it
can do any of the following:
(1) Enhance the achievement of the institutional missions shared
by the segments.
(2) Provide more effective planning of postsecondary education on
a statewide basis.
(3) Facilitate achievement of the goals of educational equity.
(4) Enable public and independent higher education to meet more
effectively the educational needs of a geographic region.
(5) Facilitate student progress from one segment to another,
particularly with regard to preparation of students for higher
education as well as the transfer from campuses of the
California Community Colleges to four-year institutions.
(c) The leaders responsible for public and independent
institutions of higher education and the Superintendent of
Public Instruction shall work together to promote and
facilitate the
development of intersegmental programs and other cooperative efforts
aimed at improving the progress of students through the educational
systems and at strengthening the teaching profession at all levels.
(d) The California Postsecondary Education Commission
shall have responsibility Commission on Higher
Education Performance and Accountability shall be responsible
for reviewing and evaluating the effectiveness of intersegmental
activities in accomplishing the established goals, and shall report
its findings to the Governor and Legislature biennially.
SEC. 16. Section 66040.3 of the Education Code is amended to read:
66040.3. (a) Pursuant to Section 66040, and notwithstanding
Section 66010.4, in order to meet specific educational leadership
needs in the California public schools and community colleges, the
California State University is authorized to award the Doctor of
Education (Ed.D.) degree as defined in this section. The authority to
award degrees granted by this article is limited to the discipline
of education. The Doctor of Education degree offered by the
California State University shall be distinguished from doctoral
degree programs at the University of California.
(b) The Doctor of Education degree offered by the California State
University shall be focused on preparing administrative leaders for
California public elementary and secondary schools and community
colleges and on the knowledge and skills needed by administrators to
be effective leaders in California public schools and community
colleges. The Doctor of Education degree offered by the California
State University shall be offered through partnerships through which
the California public elementary and secondary schools and community
colleges shall participate substantively in program design, candidate
recruitment and admissions, teaching, and program assessment and
evaluation. This degree shall enable professionals to earn the degree
while working full time.
(c) Nothing in this article shall be construed to
This article does not limit or preclude the
California Postsecondary Education Commission
Commission on Higher Education Performance and Accountability
from exercising its authority under Chapter 11 (commencing with
Section 66900) to review, evaluate, and make recommendations relating
to, any and all programs established under this article.
SEC. 17. Section 66742 of the Education Code is amended to read:
66742. (a) The governing boards of the
three public segments of higher education shall present annual
statistical reports on transfer patterns via the California
Postsecondary Education Commission Commission on
Higher E ducation Performance and Accountability to
the Governor and Legislature. The reports shall include recent
statistics on student enrollments by campus, segment, gender,
ethnicity, and the ratio of upper division to lower division,
including information on both freshman and transfer student access to
the system. These reports should include, to the extent that data
are available or become available, data on application,
admission admission, and enrollment information
for all students by sex, ethnicity, and campus. For transfer
students, this data shall indicate the segment of origin for all
students. In addition, data shall be separately identified for
transfer students from California Community Colleges, and shall
identify the subset of applications which
that are completed together with admission, enrollment, and
declared major information for that group. The
(b) The reports shall describe
the number of transfer agreements, if any, whose terms and conditions
were not satisfied by either the California State University or the
University of California, the number of California Community College
transfer students denied either admission to the student's first
choice of a particular campus of the California State University or
the University of California or the student's first choice of a major
field of study, and, among those students, the number of students
who, upon denial of either of the student's first choices,
immediately enrolled at another campus of the California State
University or the University of California. The reports shall also
include information by sex and ethnicity on retention and degree
completion for transfer students as well as for native students, and
the number and percentage of baccalaureate degree recipients who
transferred from a community college campus .
SEC. 18. Section 66743 of the Education Code is amended to read:
66743. The California Postsecondary Education Commission
Commission on Higher Education Performance and
Accountability is requested to convene an intersegmental
advisory committee on transfer access and performance for
the purposes of presenting biennial reports to the Governor
and the Legislature on the status of transfer policies and programs,
the diligence of each segment's board, and the effectiveness of
these programs in meeting the state's goals for transfer. The report
shall include information about all of the following:
(a) The effectiveness of transfer agreement programs and
activities in enhancing the transfer function overall as well as the
extent to which transfer program activities have been directed at
students who have been historically underrepresented in the
University of California and the California State University.
(b) The status of the implementation of the transfer core
curriculum curriculum, as described in Section
66720 66720, for each community
college, including information about the extent to which sophomore
level courses needed for transfer are available on all community
college campuses.
(c) Progress that has been made in achieving articulation
agreements in those specific majors that have lower division
prerequisites, and the dissemination of this information. The
committee shall also explore methods to systematically measure the
extent to which the state's goals of freshmen and transfer student
access are being met, including analyses of the number of fully
eligible freshmen or transfer students who are denied access to the
system, and the reasons for that denial. The committee shall also
address ways in which sharing of information about transfer students
among the segments can be improved, including early identification of
potential transfer students for intensive recruitment purposes.
The
(d) The Governor and the
Legislature shall monitor the success of the University of California
and the California State University in achieving their targeted
enrollment levels and in implementing these reforms. A substantial
failure to implement reform, to achieve the 60/40 ratio by the
designated dates, or to improve the transfer rate of historically
underrepresented groups significantly, shall precipitate legislative
hearings to determine the reasons why any one or all of these goals
have not been met.
SEC. 19. The heading of Chapter 11 (commencing with Section 66900)
of Part 40 of Division 5 of Title 3 of the Education Code is amended
to read:
CHAPTER 11. CALIFORNIA POSTSECONDARY EDUCATION
COMMISSION ON HIGHER EDUCATION PERFORMANCE AND
ACCOUNTABILITY
SEC. 20. Section 66900 of the Education Code is repealed.
66900. (a) It is the intent of the Legislature that the
California Postsecondary Education Commission (CPEC) be responsible
for coordinating public, independent, and private postsecondary
education in California and providing independent policy analyses and
recommendations to the Legislature and the Governor on postsecondary
education issues. In this respect, the Legislature finds as follows:
(1) California, in its adoption of the 1960 Master Plan for Higher
Education, established the Coordinating Council for Higher
Education, the commission's predecessor as the statewide coordinating
and planning board for higher education.
(2) In 1973, the Legislature's Joint Committee on Higher Education
reviewed the 1960 Master Plan for Higher Education and ultimately
advanced a report that included recommendations for strengthening
California's higher education plan. The committee's work resulted in
the disestablishment of the Coordinating Council for Higher Education
and the establishment of the California Postsecondary Education
Commission.
(3) Assembly Bill 770 (Chapter 1187 of the Statutes of 1973)
strengthened the membership of the commission by having a majority of
its members represent the general public. That bill also increased
the commission's responsibilities with respect to advising the
Legislature and the Governor on issues related to governance,
operation, and financing of higher education in California.
(4) Since 1974, the commission has served as the state's
independent planning and coordination agency for postsecondary
education policy, responsible for providing analyses and
recommendations to the Legislature and the Governor related to
long-range planning for public postsecondary education and the state
policy and programs involving independent and private postsecondary
education sectors.
(5) In 1990, Senate Bill 1570 (Chapter 1587 of the Statutes of
1990) codified the commission's mission statement developed by the
1989 Joint Committee for the Review of the Master Plan for Higher
Education.
(6) The commission has administered specifically designated
federal programs and in July 1993, it was named the state's
designated agency to administer the new federal state postsecondary
review entity (SPRE).
(b) It is the intent of the Legislature that the commission
maintain the essential role it plays in coordinating all sectors of
postsecondary education, both public and private, given the size,
scope, and complexity of California's higher education system.
(c) It is further the intent of the Legislature, as follows:
(1) That the education policy recommendations of the commission
shall be a primary consideration in developing state policy and
funding for postsecondary education.
(2) That the commission shall develop and maintain a data
collection system capable of documenting the performance of
postsecondary education institutions in meeting the post high school
education and training needs of California's diverse population.
(3) That the commission, as the state's planning and coordinating
agency, shall ensure the effective utilization of public
postsecondary education resources, thereby eliminating waste and
unnecessary duplication, and shall promote diversity, innovation, and
responsiveness to student and societal needs.
(4) That the commission shall encourage the participation of
faculty members, students, administrators, and members of the general
public in carrying out its duties and responsibilities.
SEC. 21. Section 66900 is added to the Education Code, to read:
66900. For purposes of this chapter, the following terms have the
following meanings:
(a) "Commission" means the California Commission on Higher
Education Performance and Accountability, established pursuant to
subdivision (a) of Section 66901.
(b) "Director" means the Director of the California Commission on
Higher Education Performance and Accountability, appointed by the
commission pursuant to subdivision (m) of Section 66901.
SEC. 22. Section 66901 of the Education Code is amended to read:
66901. (a) There is hereby created
the California Postsecondary Education Commission,
established the California Commission on Higher Education Performance
and Accountability, which shall be advisory to the Governor,
the Legislature, other appropriate governmental officials, and
institutions of postsecondary education. The commission shall be
composed of the following 17 members
of the general public, appointed as follows :
(a) One representative of the Regents of the University of
California designated by the regents, one representative of the
Trustees of the California State University designated by the
trustees, and one representative of the Board of Governors of the
California Community Colleges designated by the board.
Representatives of the regents, the trustees, and the board of
governors shall be chosen from among the appointed members of their
respective boards, but in no instance shall an ex officio member of a
governing board serve on the commission.
(b) One representative of the independent California colleges and
universities that are formed and operated as nonprofit corporations
in this state and are accredited by a regional association that is
recognized by the United States Department of Education. This member
shall be appointed by the Governor from a list or lists submitted by
an association or associations of those institutions.
(c) The chair or the designee of the chair of the Council for
Private Postsecondary and Vocational Education.
(d) The President of the State Board of Education or his or her
designee from among the other members of the board.
(e) Nine representatives of the general public appointed as
follows: three by the Governor, three by the Senate Rules Committee,
and three by the Speaker of the Assembly. It is the intent of the
Legislature that the commission be broadly and equitably
representative of the general public in the appointment of its public
members and that the appointing authorities, therefore, shall confer
to assure that their combined appointments include adequate
representation on the basis of sex and on the basis of the
significant racial, ethnic, and economic groups in the state.
(f) Two student representatives, each of whom shall be enrolled at
a California postsecondary education institution at the time of
appointment and during the term of service, except that a student
member who graduates from an institution with no more than six months
of his or her term remaining shall be permitted to serve for the
remainder of the term. The Governor shall appoint the student members
from persons nominated by the appropriate student organizations of
each of the postsecondary education segments. For each student member
of the commission, the appropriate student organization may submit a
list of nominees. The list shall specify not less than three and not
more than five nominees. The appropriate student organization for
each segment shall be a composite group of at least five
representative student government associations, as determined by the
commission.
(g) The student member appointed to the commission shall not be
enrolled in the same segment as the outgoing student member or in the
same segment of the other sitting student member.
(1) Four members shall be appointed by the Speaker of the
Assembly.
(2) Four members shall be appointed by the Senate Committee on
Rules.
(3) Nine members, including a chairperson of the commission, shall
be appointed by the Governor, subject to confirmation by the Senate.
(h) No
(b) A person who is employed by
any institution of public or private postsecondary education shall
not be appointed to or serve on the commission, except
that a person who is not a permanent, full-time employee and who has
part-time teaching duties that do not exceed six hours per week may
be appointed to and serve on the commission.
(c) Appointments to the commission shall be representative of
civic, business, and public school leaders.
The
(d) The commission members
designated in subdivisions (a), (c), and (d) shall
serve at the pleasure of their respective appointing authorities.
The member designated in subdivision (b) shall serve a
three-year term. The members designated in subdivision (e) shall each
serve a six-year term. The members designated in subdivision (f)
shall each serve a two-year term. The members
appointed pursuant to paragraphs (1) and (2) of subdivision (a) shall
each serve a six-year term. The members appointed pursuant to
paragraph (3) of subdivision (a) shall initially serve a three-year
term, and shall serve a six-year term thereafter.
The respective appointing authority may appoint an alternate for each
member who may, during the member's absence, serve on the commission
and vote on matters before the commission. When vacancies occur
prior to expiration of terms, the respective appointing authority may
appoint a member for the remainder of the term.
Any
(e) Any person appointed pursuant
to this section may be reappointed to serve additional terms.
All
(f) All terms subsequent to the
initial appointments, which became effective on January 10,
1974, appointments shall begin on January 1 of
the year in which the respective terms are to start.
Any
(g) Any person appointed pursuant
to this section who no longer has the position that made him or her
eligible for appointment may nonetheless complete his or her term of
office on the commission.
No
(h) A person appointed pursuant
to this section shall not , with respect to any matter
before the commission, vote for or on behalf of, or in any way
exercise the vote of, any other member of the commission.
The
(i) The commission shall meet as
often as it deems necessary to carry out its duties and
responsibilities.
Any
(j) Any member of the commission
who in any calendar year misses more than one-third of the meetings
of the full commission forfeits his or her office, thereby creating a
vacancy.
The commission shall select a chair from among the members
representing the general public. The chair shall hold office for a
term of one year and may be selected to successive terms.
There
(k) There is established an
advisory committee to the commission and the director, consisting of
the chief executive officers of each of the public segments, or their
designees, the Superintendent of Public Instruction
or his or her designee, and an one
student representative who shall be enrolled at a California
postsecondary educational institution at the time of appointment and
during the term of service, one executive officer from
each of the groups of institutions designated in subdivisions (b)
and (c) among the independent California colleges and
universities that are formed and operated as nonprofit corporations
in this state and are accredited by a regional association that is
recognized by the United States Department of Education, and one
executive officer of the Council for Private Postsecondary and
Vocational Education to be designated by the
respective commission representative from these groups.
commission. Commission meeting agenda items and associated
documents shall be provided to the committee in a timely manner for
its consideration and comments.
The
(l) The commission may appoint
any subcommittees or advisory committees it deems necessary to advise
the commission on matters of educational policy. The advisory
committees may consist of commission members or nonmembers, or both,
including students, faculty members, segmental representatives,
governmental representatives, and representatives of the public.
The
(m) The commission shall appoint
and may remove a director in the manner hereafter specified.
a director, subject to confirmation by the Senate.
The director shall appoint persons to any staff positions the
commission may authorize.
The
(n) The commission shall
prescribe rules for the transaction of its own affairs,
subject, however, subject to all the following
requirements and limitations:
(1) The votes of all representatives shall be recorded.
(2) Effective action shall require the affirmative vote of a
majority of all the duly appointed members of the commission, not
including vacant commission seats.
(3) The affirmative votes of two-thirds of all the duly appointed
members of the commission, not including vacant commission seats,
shall be necessary to the appointment of the director.
SEC. 23. Section 66902.5 of the Education Code is repealed.
66902.5. Unless otherwise specified, reports submitted to the
Legislature by the California Postsecondary Education Commission
shall be delivered to the Senate and Assembly budget subcommittees on
education, the Senate education and Assembly higher education policy
committees, the Legislative Analyst's Office, the Office of the
Governor, and the Department of Finance. Unless otherwise specified,
these reports may be submitted in PDF format or comparable electronic
format.
SEC. 24. Section 66903 of the Education Code is amended to read:
66903. The commission has the following functions and
responsibilities in its capacity as the statewide postsecondary
education planning and coordinating agency and adviser to the
Legislature and the Governor:
(a) It shall require the governing boards of the segments of
public postsecondary education to develop and submit to the
commission institutional and systemwide long-range plans in a form
determined by the commission after consultation with the segments.
(b) It shall prepare a state plan for postsecondary education that
shall integrate the planning efforts of the public segments with
other pertinent plans. The commission shall seek to resolve conflicts
or inconsistencies among segmental plans in consultation with the
segments. If these consultations are unsuccessful, the commission
shall report the unresolved issues to the Legislature with
recommendations for resolution. In developing the plan, the
commission shall consider at least the following factors:
(1) The need for, and location of, new facilities.
(2) The range and kinds of programs appropriate to each
institution or system.
(3) The budgetary priorities of the institutions and systems of
postsecondary education.
(4) The impact of various types and levels of student charges on
students and on postsecondary education programs and institutions.
(5) The appropriate levels of state-funded student financial aid.
(6) The access and admission of students to postsecondary
education.
(7) The educational programs and resources of independent and
private postsecondary institutions.
(8) The provisions of this division differentiating the functions
of the public systems of higher education.
(c) It shall update the plan periodically, as appropriate.
(d) It shall participate in appropriate stages of the executive
and the legislative budget processes as requested by the executive
and the legislative branches, and shall advise the executive and the
legislative branches as to whether segmental programmatic budgetary
requests are compatible with the state plan. It is not intended that
the commission hold independent budget hearings.
(a) It shall articulate and monitor state performance objectives
for higher education.
(e)
(b) It shall advise the Legislature and the Governor
regarding the need for, and location of, new institutions and
campuses of public higher education.
(f)
(c) It shall review proposals by the public segments
for new programs, the priorities that guide them, and the degree of
coordination with nearby public, independent, and private
postsecondary educational institutions, and shall make
recommendations regarding those proposals to the Legislature and the
Governor.
(g) In consultation with the public segments, it shall establish a
schedule for segmental review of selected educational programs,
evaluate the program approval, review, and disestablishment processes
of the segments, and report its findings and recommendations to the
Legislature and the Governor.
(h) It shall serve as a stimulus to the segments and institutions
of postsecondary education by projecting and identifying societal and
educational needs and encouraging adaptability to change.
(i) It shall periodically collect or conduct, or both collect and
conduct, studies of projected manpower supply and demand, in
cooperation with appropriate state agencies, and disseminate the
results of those studies to institutions of postsecondary education
and to the public in order to improve the information base upon which
student choices are made.
(j) It shall periodically review and make recommendations
concerning the need for, and availability of, postsecondary programs
for adult and continuing education.
(k) It shall develop criteria for evaluating the effectiveness of
all aspects of postsecondary education.
( l ) It shall maintain and update annually an
inventory of all off-campus programs and facilities for education,
research, and community services operated by public and independent
institutions of postsecondary education.
(m)
(d) (1) It shall act as a clearinghouse for
postsecondary education information and as a primary source of
information for the Legislature, the Governor, and other agencies.
It shall develop and maintain
a comprehensive data base database
that does all of the following:
(A) Ensures comparability of data from diverse sources.
(B) Supports longitudinal studies of individual students as they
progress through the state's postsecondary educational institutions,
based upon the commission's existing student data base
database through the use of a unique student
identifier.
(C) Is compatible with the California School Information System
and the student information systems developed and maintained by the
public segments of higher education, as appropriate.
(D) Provides Internet access to data, as appropriate, to the
sectors of higher education.
(E) Provides each of the educational segments access to the data
made available to the commission for the purposes
of the data base, database, in order to
support, most efficiently and effectively, statewide, segmental, and
individual campus educational research information needs.
(2) The commission, in implementing paragraph (1), shall comply
with the federal Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Sec. 1232g) relating to the disclosure of personally
identifiable information concerning students.
(3) The commission may not make available any personally
identifiable information received from a postsecondary educational
institution concerning students for any regulatory purpose unless the
institution has authorized the commission to provide that
information on behalf of the institution.
(4) The commission shall provide 30-day notification to the
chairpersons of the appropriate legislative policy and budget
committees of the Legislature, to the Director of Finance, and to the
Governor prior to before making any
significant changes to the student information contained in the
data base. database.
(n) It shall establish criteria for state support of new and
existing programs, in consultation with the public segments, the
Department of Finance, and the Joint Legislative Budget Committee.
(o) It shall comply with the appropriate provisions of the federal
Education Amendments of 1972 (P.L. 92-318), as specified in Section
67000.
(p) It shall consider the relationship among academic education
and vocational education and job training programs, and shall
actively consult with representatives of public and private
education.
(q)
(e) It shall review all proposals for changes in
eligibility pools for admission to public institutions and segments
of postsecondary education education,
and shall make recommendations to the Legislature, the Governor, and
institutions of postsecondary education. In carrying out this
subdivision, the commission periodically shall conduct a study of the
percentages of California public high school graduates estimated to
be eligible for admission to the University of California and the
California State University. The changes made to this
subdivision during the 2001-02 Regular Session of the Legislature
shall be implemented only during those fiscal years for which funding
is provided for the purposes of those provisions in the annual
Budget Act or in another measure.
(r) It shall report periodically to the Legislature and the
Governor regarding the financial conditions of independent
institutions, their enrollment and application figures, the number of
student spaces available, and the respective cost of utilizing those
spaces as compared to providing additional public spaces. The
reports shall include recommendations concerning state policies and
programs having a significant impact on independent institutions.
(s) Upon request of the Legislature or the Governor, it shall
submit to the Legislature and the Governor a report on all matters so
requested that are compatible with its role as the statewide
postsecondary education planning and coordinating agency. Upon
request of individual Members of the Legislature or personnel in the
executive branch, the commission shall submit information or a report
on any matter to the extent that sufficient resources are available.
From time to time, it also may submit to the Legislature and the
Governor a report that contains recommendations as to necessary or
desirable changes, if any, in the functions, policies, and programs
of the several segments of public, independent, and private
postsecondary education.
(t) In consultation with the public segments, it shall consider
the development of facilities to be used by more than one segment of
public higher education, commonly called "joint-use facilities." It
shall recommend to the Legislature criteria and processes for
different segments to utilize bond funds for these intersegmental,
joint-use facilities.
(u) It may undertake other functions and responsibilities that are
compatible with its role as the statewide postsecondary education
planning and coordinating agency.
(f) It shall increase educational achievement in postsecondary
educational institutions, close educational achievement gaps, and
prepare citizens for the workforce.
(g) It shall, through its use of information and its analytic
capacity, inform the identification and periodic revision of state
goals and priorities for higher education. It shall, biennially,
interpret and evaluate both statewide and institutional performance
in relation to these goals and priorities.
(h) It shall submit reports to the Legislature in compliance with
Section 9795 of the Government Code.
(i) It shall manage data systems and maintain programmatic,
policy, and fiscal expertise to receive and aggregate information
reported by the institutions of higher education in this state.
(j) It shall perform all other duties assigned by the Legislature.
SEC. 25. Section 66903.1 of the Education Code is repealed.
66903.1. To the extent that the functions and tasks assigned to
the California Postsecondary Education Commission by state law cannot
all be performed with the funding provided in the annual Budget Act,
it is the intent of the Legislature that the commission prioritize
its workload to ensure, at a minimum, that the following
responsibilities are completed in a timely manner:
(a) All reviews and recommendations of the need for new
institutions for the public higher education segments, inclusive of
community colleges, pursuant to subdivision (e) of Section 66903.
(b) All reviews and recommendations of the need for new programs
for the public higher education segments, inclusive of community
colleges, pursuant to subdivision (f) of Section 66903.
(c) Consistent with the role of the commission pursuant to Section
67002, serve as the designated state educational agency to carry out
federal education programs, pursuant to subdivision (o) of Section
66903.
(d) All data management responsibilities pursuant to subdivision
(m) of Section 66903 and data reporting pursuant to the adoption of
legislation that establishes a higher education accountability
framework.
SEC. 26. Section 66903.2 of the Education Code is repealed.
66903.2. The Office of Statewide Health Planning and Development
shall consult with the commission in the development by the office of
its Health Manpower Plan and recommendations for meeting the needs
in California for health science personnel. This consultation shall
focus on whether health science education enrollment levels are
adequate to meet the state's health manpower needs by category and
specialty within each category.
SEC. 27. Section 66903.2 is added to the Education Code, to read:
66903.2. On or before December 31 of each year, the commission
shall report to the Legislature and the Governor regarding its
progress in achieving the objectives and responsibilities set forth
in subdivision (a) of Section 66903.
SEC. 28. Section 66903.3 of the Education Code is amended to read:
66903.3. The commission may delegate to the executive
director any power, duty, purpose, function, or
jurisdiction that the commission may lawfully delegate, including the
authority to enter into and sign contracts on behalf of the
commission. The executive director may redelegate
any of those powers, duties, purposes, functions, or jurisdictions to
his or her designee, unless by statute, or rule or regulation, the
executive director is expressly required to act
personally.
SEC. 29. Section 66905 of the Education Code is amended to read:
66905. It is the intent of the Legislature that the
California Postsecondary Education Commission
commission annually review and fix the salary of its director
according to a methodology established by the commission. This
methodology shall take into consideration the salary of directors of
coordinating boards for higher education in states with postsecondary
education systems comparable to California's in size, complexity,
and level of state expenditures. The comparison states shall include
seven major industrial states, including Illinois, New Jersey, New
York, Ohio, and Texas. The commission shall notify the Chairperson of
the Joint Legislative Budget Committee of this annual salary amount.
Notwithstanding the provisions of Section 19825
of the Government Code, the salary shall become effective no sooner
than 30 days after written notice of the salary is provided to the
chairperson of the committee, or no sooner than a lesser time as the
chairperson, or his or her designee, may determine.
SEC. 30. Section 66941 of the Education Code is amended to read:
66941. (a) The Legislature finds and declares that access to a
high quality education is the primary goal for the use of educational
technology in higher education. All students in California's public
schools and colleges and all adults in the state shall have access to
educational opportunities for which they are qualified, regardless
of their income level, geographic location, or the size of the school
they attend.
(b) Pursuant to its statutory planning and coordination functions
and responsibilities identified in Section 66900, the
California Postsecondary Education Commission 66903,
the California Commission on Higher Education Performance and
Accountability shall convene an intersegmental working group to
determine state funding priorities consistent with the institutional
missions of the systems of higher education.
(c) The intersegmental working group shall observe all of the
following principles to guide the development of priorities and the
proposed expenditure of state revenues on technology infrastructure
and applications:
(1) Development of a statewide infrastructure that provides
compatible connectivity between all levels of education to reduce
redundancy and increase efficiency.
(2) Adherence to nationally and internally accepted protocols and
standards.
(3) Assurance that the standards for course and program quality
applied to distance education are rigorous in meeting accreditation
standards, Universal Design Standards, and standards currently
applied to traditional classroom instruction at higher educational
institutions in the areas of course content, student achievement
levels, and coherence of the curriculum.
(4) Collaboration between the private sector and educational
institutions in the availability and use of technology in
high-priority schools and underserved areas.
(5) Collaboration across departments, institutions, states, and
countries in the use of technology.
(6) Use of technology to contain costs, improve student outcomes,
and enhance quality in instructional and noninstructional functions,
such as student services, libraries, and administrative support.
(d) The intersegmental working group shall be composed of
representatives from public, public
elementary and secondary education, the California State University,
the California Community Colleges, the University of California,
independent accredited universities and colleges, state approved
schools and colleges, private sector providers of distance education,
the Office of the Secretary of Education, and the private sector.
(e) The commission shall facilitate the development of statewide
funding priorities for technology in higher education, and
shall forward the recommendations of the working group to the
Legislature and the Governor on or before August 1, 2002.
education.
SEC. 31. Section 67002 of the Education Code is amended to read:
67002. The California Postsecondary Education Commission
Commission on Higher Education Per
formance and Accountability is designated as the state
educational agency to carry out the purposes and provisions of the
federal Education Amendments of 1972 (Public Law 92-318),
the federal Education Amendments of 1976 (Pulbic
(Public Law 94-482), and subsequent enactments
amendatory or supplementary thereto, as follows:
(a) The commission is designated as the state commission required
to be established pursuant to Section 1202 of Title X of the
federal Higher Education Act of 1965 (Public Law 89-329) as
amended by the federal Education Amendments of 1972
(Public Law 92-318); 92-318).
(b) The commission is designated as the state administrative
agency required to be established pursuant to Section 1055 of Title X
of the federal Higher Education Act of 1965 (Public Law
89-329) as amended by the federal Education Amendments of
1972 (Public Law 92-318), unless such that
designation is determined by the federal government to be in
conflict with federal law or regulations;
regulations.
(c) The commission is designated as the state administrative
agency required to be established pursuant to Section 105 of Title 1,
Section 122 of Title III, Section 603 of Title VI
VI, and Section 704 of Title VII of the federal
Higher Education Act of 1965 (Public Law 89-329)
89-329), as amended by the federal
Education Amendments of 1972 (Public law Law
92-318). The California Postsecondary Education
Commission Commission on Higher Education Performance
and Accountability is hereby vested with authority to prepare
and submit to the United States Commissioner of Education any state
plan required by said that act of
Congress, to prepare and submit amendments to such
those state plans, and to administer such
those state plans or amendments thereto, in
accordance with said that act of
Congress and any rules and regulations adopted thereunder.
under that act. Any such state plan or amendment
thereto prepared by the California Postsecondary Education
Commission Commission on Higher Education Performance
and Accountability shall be subject to the approval of the
Department of Finance to the extent required by Section 13326 of the
Government Code. The California Postsecondary Education
Commission Commission on Higher Education Perf
ormance and Accountability is hereby vested with all
necessary power and authority to cooperate with the government of the
United States, or any agency or agencies thereof in the
administration of the act of Congress and the rules and regulations
adopted thereunder. under that act.
SEC. 32. Section 67003 of the Education Code is amended to read:
67003. The Trustees of the California State University on behalf
of the California State University, the Regents of the University of
California on behalf of the university, the Board of Governors of the
California Community Colleges on behalf of the community colleges,
and the Board of Governors of the California Maritime Academy on
behalf of the California Maritime Academy, are vested with all power
and authority to perform all acts necessary to receive the benefits
and to expend the funds provided by the act
acts of Congress described in Section 67000 and with all
necessary power and authority to cooperate with the government of the
United States, or any agency or agencies thereof, and with the
California Postsecondary Education Commission
Commission on Higher Education Performance and Accountability
for the purpose of receiving the benefits and expending the funds
provided by the act of Congress, in accordance with the act, or any
rules or regulations adopted thereunder, or any state plan or rules
or regulations of the California Postsecondary Education
Commission Commission on Higher Education Performance
and Accountability adopted in accordance with the act of
Congress. Whenever necessary to secure the full benefits of the act
of Congress for loans or grants for academic facilities, the
trustees, regents, or boards of governors may give any required
security and may comply with any conditions imposed by the federal
government.
SEC. 33. Section 67312 of the Education Code is amended to read:
67312. (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
for their respective systems, and the Regents of the University of
California may, do the following:
(1) Work with the California Postsecondary Education
Commission Commission on Higher Education Performance
and Accountability and the Department of Finance to develop
formulas or procedures for allocating funds authorized under this
chapter.
(2) Adopt rules and regulations necessary to the operation of
programs funded pursuant to this chapter.
(3) Maintain the present intersegmental efforts to work with the
California Postsecondary Education Commission
Commission on Higher Education Performance and Accountability
and other interested parties, to coordinate the planning and
development of programs for students with disabilities, including,
but not necessarily limited to, the establishment of common
definitions for students with disabilities and uniform formats for
reports required under this chapter.
(4) Develop and implement, in consultation with students and
staff, a system for evaluating state-funded programs and services for
disabled students on each campus at least every five years. At a
minimum, these systems shall provide for the gathering of outcome
data, staff and student perceptions of program effectiveness, and
data on the implementation of the program and physical accessibility
requirements of Section 794 of Title 29 of the
Federal federal Rehabilitation Act of
1973 (Public Law 93-112) contained in Section 794 of Title 29 of
the United States Code .
(b) Commencing in January 1990, and every two years thereafter,
the Board of Governors of the California Community Colleges shall
submit a report to the Governor, the education policy committees of
the Legislature, and the California Postsecondary Education
Commission Commission on Higher Education Performance
and Acco untability describing its efforts to serve
students with disabilities. These biennial reports shall also include
a review on a campus-by-campus basis of the enrollment, retention,
transition, and graduation rates of disabled students, including
categorical funding of those programs.
SEC. 34. Section 67382 of the Education Code is amended to read:
67382. (a) (1) On or before January 1, 2004, and every three
years thereafter, the State Auditor shall report the results of an
audit of a sample of not less than six institutions of postsecondary
education in California that receive federal student aid, to evaluate
the accuracy of their statistics and the procedures used by the
institutions to identify, gather, and track data for publishing,
disseminating, and reporting accurate crime statistics in compliance
with the requirements of the federal Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act
(20 U.S.C. Sec. 1092 (f)(1) and (5)).
(2) The results of the annual audits described
in paragraph (1) shall be submitted to the respective chairs of the
Assembly Higher Education Committee Committee
on Higher Education and the Senate Education
Committee. Committee on Education.
(b) The California Postsecondary Education Commission
Commission on Higher Education Performance
and Accountability shall provide on its Internet Web site a
link to the Internet Web site of each California institution of
higher education that includes on that Internet Web site
the institution's criminal statistics information.
(c) The Legislature finds and declares that institutions of higher
education that are subject to the federal Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act
(20 U.S.C. Sec. 1092(f)(1) and (5)), should establish and publicize a
policy that allows victims or witnesses to report crimes to the
campus police department or to a specified campus security authority,
on a voluntary, confidential, or anonymous basis.
SEC. 35. Section 68052 of the Education Code is amended to read:
68052. (a) It is the intent of the Legislature that California's
public institutions of higher education shall establish nonresident
student tuition policies that are consistent with their resident
student fee policies. Nonresident student tuition shall be determined
by each of the public postsecondary segments through the adoption of
a methodology that annually establishes the nonresident student
tuition rate. It is further the intent of the Legislature that, while
the public institutions are to be provided flexibility in
establishing their nonresident tuition, under no circumstances shall
the level of nonresident tuition plus required fees fall below the
marginal cost of instruction for that segment.
(b) The following state policies regarding nonresident student
tuition are hereby established:
(1) Unless otherwise prescribed by statute, an admission fee and
rate of tuition fixed by each public postsecondary governing board
shall be required of each nonresident student. Each public
postsecondary education governing body shall develop its own
methodology for establishing the nonresident tuition level and its
annual adjustment level of nonresident student tuition, unless
otherwise prescribed by statute.
(2) As California's public postsecondary education segments
annually adjust the level of nonresident tuition they charge
out-of-state students, the nonresident tuition methodologies they
develop and use should take into consideration, at minimum, the
following two factors:
(A) For the University of California and the California State
University, the total nonresident charges imposed by each of their
public comparison institutions, as identified by the California
Postsecondary Education Commission.
Commission on Higher Education Performance and Accountability.
(B) The full average cost of instruction of their segment.
(3) It is the intent of the Legislature that under no
circumstances shall an institution's level of nonresident tuition
plus required student fees fall below the marginal cost of
instruction for that segment.
(4) The University of California, the California State University,
the Hastings College of the Law, and the California Maritime Academy
should endeavor to ensure that increases in the level of nonresident
tuition are gradual, moderate, and predictable by providing
nonresident students with a minimum of a 10-month notice of tuition
increases.
(c) No provision of this section shall be applicable
This section does not apply to the California
Community Colleges.
(d) In the event that state revenues and expenditures are
substantially imbalanced due to factors unforeseen by the Governor
and the Legislature, including, but not limited to, initiative
measures, natural disasters, or sudden deviations from expected
economic trends, the nonresident student tuition at the University of
California, the California State University, the Hastings College of
the Law, and the California Maritime Academy, shall not be subject
to this section.
SEC. 36. Section 69562 of the Education Code is amended to read:
69562. The Student Aid Commission shall establish a 12-member
project grant advisory committee to advise project directors and the
commission on the development and operation of the projects, and
consisting of the following:
(a) Three representatives of outreach programs, representing the
University of California, the California State University, and the
California Community Colleges, appointed by their respective
governing boards.
(b) One representative of private colleges and universities,
appointed by the Association of California Independent Colleges and
Universities.
(c) One representative of the California Postsecondary
Education Commission, Commission on Higher Education
Performance and Accountability, appointed by the
commission. Student Aid Commission.
(d) Two secondary school staff, appointed by the
Superintendent of Public Instruction. Superintendent.
(e) Two persons representing the general public, one appointed by
the Speaker of the Assembly and the other by the Senate
Rules Committee. Committee on Rules.
(f) Two postsecondary students, both appointed annually by the
California Postsecondary Education Commission.
Commission on Higher Education Performance and Accountability.
(g) One college campus financial aid officer, appointed by the
commission. Student Aid Commission.
SEC. 37. Section 69655 of the Education Code is amended to read:
69655. (a) Pursuant to Section 69648, the Chancellor of the
California Community Colleges shall determine the elements of a
statewide data base database for the
Community College Extended Opportunity Programs and Services, which
shall be used for periodic evaluation of the programs and services.
The data base database shall include
all information necessary to demonstrate the statewide progress
towards achieving the program goals
identified in Section 69640, and program objectives
adopted pursuant to Section 69648 including, but not limited to, all
of the following:
(1) The annual number of extended opportunity programs and
services (EOPS) students and non-EOPS students who complete degree or
certificate programs, transfer programs, or other programs, as
determined by state and local matriculation policies.
(2) The annual number of EOPS and non-EOPS students who transfer
to institutions which that award the
baccalaureate degree. In implementing this paragraph, the chancellor
shall work in cooperation with the California Postsecondary
Education Commission, Commission on Higher Education
Performance and Accountability, the President of the University
of California, the Chancellor of the California State University,
and the Association of Independent Colleges and Universities to
establish methods for obtaining the necessary data.
(3) (A) The annual number of EOPS and
non-EOPS students completing occupational programs who find career
employment.
In
(B) In implementing this
paragraph, the chancellor shall integrate the data collection with
existing data collection requirements pertaining to vocational
education.
(b) Beginning in January 1987, the chancellor shall annually
report to the Legislature regarding the number of students served by
the Community College Extended Opportunity Programs and Services and
the number of EOPS students who achieve their educational objectives.
SEC. 38. Section 69966 of the Education Code is amended to read:
69966. The Student Aid Commission shall administer the California
State Work-Study Program in consultation with an advisory committee.
The membership of the advisory committee, which may be an existing
advisory committee established by the commission, shall be
representative of, but need not be limited to, financial aid and
student employment administrators from each segment of postsecondary
education, students, public schools, employers, the California
Postsecondary Education Commission,
Commission on Higher Education Performance and Accountability,
and experiential education personnel.
SEC. 39. Section 74292 of the Education Code is amended to read:
74292. Notwithstanding any other provision of
law, the following steps shall be taken to address the imminent risk
that Compton Community College's accreditation will be terminated by
the regional accrediting body recognized by the Board of Governors of
the California Community Colleges:
(a) The Chancellor of the California Community Colleges is
authorized to oversee all actions at the Compton Community College
District related to the loss of the college's accreditation and
efforts described in this article to address that situation. The
Compton Community College District shall reimburse the Board of
Governors of the California Community Colleges for any expenses
incurred by the chancellor or his or her staff in carrying out this
oversight responsibility.
(b) The Compton Community College District shall complete the
provision of instruction for all classes for which it intends to
claim apportionment prior to the date of its loss of accreditation.
(c) Notwithstanding any other provision of law,
the Compton Community College District shall continue to be eligible
to receive state funding as provided in this article even if its
accreditation is terminated.
(d) (1) The Compton Community College District shall identify a
partner district that will agree to provide accredited instructional
programs to students residing in the Compton Community College
District. The special trustee assigned to the Compton Community
College District pursuant to Section 71093 and the partner district
are authorized to enter into one or more agreements to provide
instructional services or other services, and to make any other
necessary preparations to implement the educational programs
described in this article, as well as any related necessary
administrative or support services, in a timely manner so as to
ensure that services to Compton Community College students will not
be interrupted and that those students will remain eligible for
federal financial assistance. The agreement or agreements shall
provide that the partner district is entitled to receive a reasonable
administrative fee to be fixed by the mutual agreement of the
parties.
(2) The partner district shall be a district in good standing with
the Accrediting Commission for Community and Junior Colleges
(ACCJC), and shall have successfully completed the accreditation
cycle and secured accreditation for its colleges. A district with a
college that is on warning, probation, or show-cause status with the
ACCJC, or that is being monitored for fiscal stability by the
chancellor's office is not considered a district in good standing for
the purposes of this article.
(e) The partner district may offer any programs or courses for
which it has secured applicable approvals. In addition, any programs
and courses that were previously approved by the board of governors
to be offered by the Compton Community College District may continue
to be offered by the partner district in the territory of the Compton
Community College District without additional state approval until
June 30, 2011.
(f) No later than 30 days after Compton Community College's loss
of accreditation, the board of governors shall approve the facilities
of Compton Community College as an off-campus educational center of
the partner district. The center shall be known as the Compton
Community Educational Center. The board of governors shall give
notice of its approval to the county committee and county
superintendent having jurisdiction over any territory affected by the
action.
(g) The board of governors may permanently or temporarily waive
any of its regulatory requirements necessary to effectuate this
article, including, but not necessarily limited to, its regulations
regarding educational centers.
(h) The partner district is eligible to provide instruction at the
center without the recommendation of the California
Postsecondary Education Commission Commission on
Higher Education Performance and Accountability under Section
66904 until the district secures the commission's recommendation for
the facility to operate as an off-campus educational center or until
June 30, 2011, whichever occurs first.
(i) The partner district shall comply with all federal
requirements to ensure that students taking classes offered by the
partner district at the Compton Community Educational Center remain
eligible for federal financial assistance.
(j) Students enrolled in the Compton Community College District as
of January 31, 2006, shall be subject to the following conditions:
(1) The partner district shall ensure that any student who, by the
end of the Spring 2006 term, has completed at least 75 percent of
the courses required for the degree or certificate he or she is
pursuing will be able to complete that program. Every reasonable
effort shall be made to allow other students who have begun work
toward a certificate or degree, but who have not completed 75 percent
of the required coursework, to continue and complete their programs.
(2) Students enrolling in classes provided by the partner district
pursuant to this section shall be considered students of the partner
district, shall receive credit from the partner district for classes
they successfully complete, shall receive certificates or degrees
they earn from the partner district, and shall receive financial aid
through the partner district if they meet all applicable eligibility
requirements.
(3) The partner district shall maintain student records related to
the attendance of students in classes it offers pursuant to this
section in accordance with all applicable state and federal laws.
(4) The partner district shall consider each student who enrolls
for classes no later than the Spring 2007 term to be a continuing
student for purposes of enrollment priorities.
(5) Any regulations of the board of governors relating to minimum
residence at the college granting a degree shall not be applicable.
(k) The board of governors shall adopt any regulations necessary
to implement this article. These regulations may be adopted as
emergency regulations that may remain in effect for up to one year
from the date of adoption, and shall not be subject to paragraph (5)
or (6) of subdivision (a) of Section 70901.5 or to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.
(l) (1) The partner district shall provide the services described
in this article for a minimum of five years from the date those
services commence pursuant to subdivision (d), and shall thereafter
provide the services for any additional period determined necessary
by the board of governors. In addition, the board of governors may
require, in its sole discretion, that the services described herein
be modified or terminated at an earlier date based on the best
interests of the California Community Colleges system and its
students.
(2) Notwithstanding paragraph (1), either the partner district or
the special trustee appointed pursuant to Section 71093 may initiate
termination of the agreements described in subdivision (d) by giving
180 days' written notice to the other party and to the board of
governors. No termination pursuant to this subdivision may take
effect until the end of the semester following the notice provided
under this paragraph, so as to protect students from a mid-term
interruption of educational services. Should the partner district
provide notice of a desire to terminate any agreements at a time when
the trustee determines that services provided under those agreements
are still necessary to serve the interests of Compton students and
residents or at a time when the Compton Community College District is
not fully accredited and bonds issued pursuant to Section 41329.52
are outstanding, the partner district shall continue the services
until it can secure a district to provide uninterrupted comparable
services to the satisfaction of the special trustee.
(m) (1) The Compton Community College District shall continue to
be responsible for ensuring that all of its permanent records are
retained and stored as required by state law and that all records
related to its administration of programs under Title IV of the
federal Higher Education Act are retained for a minimum of three
years after the conclusion of its participation in those programs.
(2) The Compton Community College District shall be responsible
for institutional actions related to the loss of accreditation,
including actions that are required under Section 688.26 of Title 34
of the Code of Federal Regulations, related to the ending of the
participation of the Compton Community College District in programs
under Title IV of the federal Higher Education Act, refunding any
students' unearned tuition and fees, refunding to the federal
government any unexpended federal student financial aid funds,
returning to lenders any loan proceeds not distributed to students,
or the collection of outstanding student debts to the Compton
Community College District.
(n) In addition to addressing the ongoing educational needs of the
students of the Compton Community College District, the partner
district and the special trustee appointed pursuant to Section 71093
shall take steps aimed at achieving the goal of seeking renewed
accreditation for Compton Community College at the earliest feasible
date. Progress toward achieving this goal shall be periodically
reported to the board of governors.
(o) No A person, firm or
organization shall not , without the permission of the
Compton Community College District, use the name "Compton Community
College," or any name of which these words are a part, or any
abbreviation thereof.
SEC. 40. Section 81004 of the Education Code is amended to read:
81004. (a) A community college may develop a public-private
partnership for the purpose of constructing education buildings or
education centers. The facilities may be constructed on a site
donated through the public-private partnership agreement between the
community college and the private sector. The construction of any
education building or education center is subject to approval by the
Board of Governors of the California Community Colleges if the
education building or education center is eligible for state funding
for construction, equipment, or ongoing maintenance. Community
colleges shall not be eligible to receive state funds for off-campus
centers unless recommended by the California Postsecondary
Education Commission Commission on Higher Education
Performance and Accountability pursuant to Section 66904.
(b) (1) If a community college requests state funding for an
education building or education center constructed through a
public-private partnership, funding for that facility shall not
supersede community college facilities that have been previously
prioritized by the board of governors and are awaiting state funding.
These facilities shall be subject to the board of governors' annual
prioritization process and shall not receive higher priority for
state funding solely because the facilities are constructed through a
public-private partnership.
(2) Any state funding to reimburse a community college for
construction of a facility pursuant to this subdivision shall not
exceed that community college's share of costs.
(c) A community college may request state funding for
instructional equipment for an education building or education center
that is constructed through a public-private partnership or that is
acquired without state funding. However, funding for that equipment
shall be provided in the same manner as for other community college
facilities, provided that the construction or acquisition of the
facility otherwise would have qualified as a priority project for
state funding.
(d) On or before January 1, 1999, the board of governors shall
adopt regulations to implement this section. However, prior to
adopting these regulations, the Chancellor of the California
Community Colleges shall consult with the Department of Finance and
the Legislative Analyst.
SEC. 41. Section 81005 of the Education Code is amended to read:
81005. (a) State funds provided for the capital outlay financing
needs of the California Community Colleges may be used to acquire an
existing government-owned or privately-owned building and for the
necessary costs of converting that building to community college use.
A community college district that is eligible for state funding for
capital outlay financing may purchase an existing government-owned or
privately-owned building and convert it to community college use
with state funds if all of the following criteria apply:
(1) The building to be purchased was constructed as, and continues
to qualify as, a school building pursuant to Article 7 (commencing
with Section 81130), or the building is determined to have, or is
rehabilitated to an extent that it is determined to have, a pupil
safety performance standard that is equivalent to that of a building
constructed pursuant to Article 7 (commencing with Section 81130). In
making the determination of the pupil safety performance standard as
required in this paragraph, all of the requirements of paragraphs
(1) and (2) of subdivision (a) of Section 81149 shall be met.
(2) The total cost of purchasing and converting the existing
building to community college use is not greater than the estimated
cost of constructing an equivalent building.
(3) The land associated with a building to be purchased will be
owned by, or controlled through a long-term lease by, the community
college district. As used in this section, "long-term lease" means a
lease with a term of at least 50 years.
(4) The district has complied with facility site review procedures
and guideline recommendations of the California
Postsecondary Education Commission Commission on
Higher Education Performance and Accountability pursuant to
Section 66904.
(b) Funding for a building to be purchased under this section
shall not supersede funding for community college facilities that
have previously been prioritized by the board of governors and are
awaiting state funding. Buildings purchased under this section shall
be subject to the annual prioritization process of the board of
governors, and shall not receive higher priority for state funding
because they are existing buildings rather than buildings proposed to
be constructed.
(c) A community college district that purchases an existing
building under this section may request state funding for
instructional equipment. Funding for that instructional equipment
shall be provided in accordance with Chapter 4.8 (commencing with
Section 84670) of Part 50, provided that the chancellor determines
that the purchase of this equipment qualifies as a priority for state
funding.
SEC. 42. Section 87482.4 of the Education Code is repealed.
87482.4. (a) The Legislature finds and declares that, in the
state's community college system, teaching constitutes a greater
share of the faculty workload, as compared to the California State
University or the University of California systems. California's
community college system requires that a faculty member hold, as a
basic qualification, a master's degree. Furthermore, the community
college system uses a different professional review process, as
compared to the California State University or the University of
California systems.
(b) The California Postsecondary Education Commission shall
conduct a comprehensive study of the California Community College
system's part-time faculty employment, salary, and compensation
patterns as they relate to full-time community college faculty with
similar education credentials and work experience. The study shall
include a representative sample of urban, rural, and suburban
community colleges in California and shall also refer to similarly
situated community colleges in other states.
(c) The study specified in subdivision (b) shall include, but not
necessarily be limited to, the addressing of policy options available
to achieve pay equity between community college part-time faculty
and full-time faculty and shall also include both of the following:
(1) A quantitative analysis examining duties and tasks of
part-time faculty as compared to full-time faculty. The duties and
tasks examined shall include classroom teaching, preparation, office
hours, recordkeeping, student evaluations, recommendations, and other
professional practices that compare the similarities and differences
between a part-time and full-time faculty position. This
quantitative analysis shall also include both of the following:
(A) An examination of whether part-time faculty salaries vary
significantly among community colleges and the factors that are
associated with any salary differential.
(B) Data concerning the salary compensation pattern for part-time
community college faculty in California and in similarly situated
community colleges in other states, and the disparity between
part-time and full-time compensation for the equivalent education and
experience.
(2) An identification of specific policy and fiscal
recommendations that would enable the California Community Colleges
to achieve a compensation schedule that achieves pay equity for
part-time faculty.
(d) The California Postsecondary Education Commission shall, in
conducting the study required by this section, consult various
representatives of the education community, including the Board of
Governors of the California Community Colleges, community college
faculty groups, and other interested parties.
(e) Notwithstanding Section 7550.5 of the Government Code, the
California Postsecondary Education Commission shall release the
preliminary findings of the study required by this section to the
Legislature and the Governor, on or before March 31, 2000, and shall
transmit the study to the Legislature and the Governor on or before
July 1, 2000.
(f) It is the intent of the Legislature that funding for
conducting the study required by this section shall be made available
through an appropriation, either in future legislation or in the
annual Budget Act, in an amount of up to one hundred fifty thousand
dollars ($150,000).
SEC. 43. Section 89002 of the Education Code is amended to read:
89002. The campuses authorized in paragraphs (19), (21), and (22)
of subdivision (a) of Section 89001 shall commence construction only
upon resolution of the trustees, approved by the California
Postsecondary Education Commission. Commission on
Higher Education Performance and Accountabil ity.
This section shall become operative on July 1, 1995.
SEC. 44. Section 89011 of the Education Code is amended to read:
89011. (a) It is the intent of the Legislature that public
programs of postsecondary education be made available to qualified
persons throughout this state, including areas of substantial
existing or projected population that are isolated from any campus of
the California State University.
(b) The Trustees of the California State University shall consider
the establishment of a permanent, state-supported off-campus center
on state-owned property in Contra Costa County, the purpose of which
shall be to continue to offer education programs at the upper
division and graduate levels.
(c) Pursuant to the establishment of a permanent, state-supported
off-campus center as provided by subdivision (b), the trustees shall
contract for the preparation of a master plan for physical
development, and a detailed survey of Contra Costa County, as
follows:
(1) The master plan for the physical development of the center
shall project major land uses, including open space, and the
development of physical facilities, including those relating to
lecture and laboratory use, and other instructional activities, site
work, plant operations, and adjunct operations. The master plan shall
be subject to the approval of the Trustees of the California State
University.
(2) The detailed survey of Contra Costa County shall include, but
not be limited to, official population projections, an industry and
income profile, an analysis of specific education program
requirements of potentially qualified students, an assessment of the
need for educational services at the upper division and graduate
levels, and an assessment of the services currently provided by other
public and private institutions of postsecondary education,
including the University of California and the California Community
Colleges.
(d) The trustees shall review the results of the master plan and
survey and shall forward the results to the California
Postsecondary Education Commission Commission on
Higher Education Performance and Accoun tability for
its review pursuant to Section 66904.
SEC. 45. Section 89070.35 of the Education Code is amended to
read:
89070.35. (a) The intersegmental advisory committee shall consist
of the following members:
(1) Two members, one of whom shall be a mathematics faculty
member, appointed by each of the following:
(A) The Chancellor of the California State University.
(B) The President of the University of California, if he or she
chooses to serve as a member.
(C) The Chancellor of the California Community Colleges.
(D) The Superintendent of Public Instruction.
Superintendent.
(2) One member appointed by each of the following:
(A) The Chair of the Association of Independent California
Colleges and Universities.
(B) The Director of the California Postsecondary
Education Commission. Commission on Higher Education
Performance and Accountability.
(C) The Chair of the California Academic Partnership Program
Advisory Committee.
(D) The Director of the California Mathematics Project.
(b) The intersegmental advisory committee may recommend that the
trustees increase its size by the appointment of public, corporate,
or other members.
SEC. 46. Section 89070.40 of the Education Code is amended to
read:
89070.40. The Trustees of the California State University shall
work with the University of California, the California
Postsecondary Education Commission, Commission on
Higher Education Performance and Accountability, and the
advisory committee to develop a comprehensive program evaluation.
This evaluation shall be conducted in 1993, and every three years
thereafter to determine the success of the program.
SEC. 47. Section 89720 of the Education Code, as amended by
Section 4 of Chapter 511 of the Statutes of 2014, is amended to read:
89720. (a) The trustees may accept on
behalf of the state any gift, bequest, devise, or donation of real or
personal property whenever the gift and the terms and conditions
thereof will aid in carrying out the primary functions of the
California State University as specified in subdivision (b) of
Section 66010.4. Neither Section 11005 of the Government
Code Code, nor any other law requiring approval
by a state officer of gifts, bequests, devises, or donations
donations, shall apply to these gifts,
bequests, devises, or donations. These gifts, bequests, devises, or
donations, and the disposition thereof, shall be annually reported to
the California Postsecondary Education Commission,
Commission on Higher Education Performance and
Accountability, the Joint Legislative Budget Committee, and the
Department of Finance by January 31 of each year.
Notwithstanding
(b) Notwithstanding Sections
11005.2 and 14664 of the Government Code or any other law to the
contrary, the trustees may sell or exchange interests in real
property received pursuant to this section when, in the judgment of
the trustees, the sale or exchange is in the best interests of the
California State University. No sale or exchange of an interest in
real property made pursuant to this section shall exceed ten million
dollars ($10,000,000) per transaction.
Notwithstanding
(c) Notwithstanding Sections
11005 and 15853 of the Government Code or any other
provision of law to the contrary, the trustees may purchase
interests in real property from moneys received pursuant to this
section, including those moneys received from the sale or exchange of
interests in real property pursuant to this section. Any such
purchase shall be consistent with any restrictions placed upon the
gift, bequest, devise, or donation and shall be in the best interests
of the California State University, as determined by the trustees.
No
(d) No interest in any real
property that is part of a main campus of any of the institutions of
the California State University listed in Section 89001 shall be sold
or exchanged pursuant to this section.
Any
(e) Any sale or exchange of
interests in real property carried out pursuant to this section shall
be reported annually to the California Postsecondary
Education Commission Commission on Higher Education
Performance and Accountability or a successor agency, the Joint
Legislative Budget Committee, and the Department of
Finance, Finance by January 31 of each year.
SEC. 48. Section 92605 of the Education Code is amended to read:
92605. (a) The regents are hereby requested to consider, as a
component of the University of California's current systemwide
medical education program assessment, the expansion of the Charles R.
Drew/UCLA Undergraduate Medical Education Program.
(b) The regents are further requested to submit, not later than
June 30, 2003, a report summarizing their findings regarding the
Charles R. Drew/UCLA Undergraduate Medical Education Program to the
Governor, the Legislature, and the California Postsecondary
Education Commission. Commission on Higher Education
Performance and Accountability.
SEC. 49. Section 94155 of the Education Code is amended to read:
94155. On or before March 31 in each year
year, the authority shall make an annual report of its
activities for the preceding calendar year to the Governor and the
Legislature. Each such report shall set forth a
complete operating and financial statement covering the authority's
operations during the year. The authority shall cause an audit of its
books and accounts to be made at least once in each year by
certified public accountants. The authority shall also consult with
the California Postsecondary Education Commission
Commission on Higher Education Performance and Accountability
and the Student Aid Commission with respect to the need for
additional financing of student loan projects.
SEC. 50. Section 99151 of the Education Code is amended to read:
99151. (a) "Admissions data assembly service" means any summary
or report of grades, grade point averages, standardized test scores,
or any combination of grades and test scores, of a test subject used
by any test score recipient.
(b) "Commission" means the California Postsecondary
Education Commission. Commission on Higher Education
Performance and Accountability.
(c)
(c) "Score reporting service" means the reporting of a test
subject's standardized score to a test score recipient by a test
agency.
(d) "Secure test" means any test that contains items not available
to the public and that, to allow the further use of test items and
to protect the validity and reliability of the test, is subject to
special security procedures in its publication, distribution, and
administration.
(e) (1) "Standardized test" or
"test" means any test administered in California at the expense of
the test subject which that is used for
the purposes of admission to, or class placement in, postsecondary
educational institutions or their programs, or any test used for
preliminary preparation for those tests.
"Standardized
(2) "Standardized test" or "test"
includes, but is not limited to, the Preliminary Scholastic Aptitude
Test, the Scholastic Aptitude Test, the College Board Achievement
Tests and Advanced Placement Tests, the ACT Assessment, the Graduate
Record Examination, the Medical College Admission Test, the Law
School Admission Test, the Dental Admission Testing Program, the
Graduate Management Admission Test, and the Miller Analogies Test.
The
(3) A standardized test does not
include a test, or part of a test, which that
has been in use for less than five years, or which
that is administered to a selected group of
individuals principally for research, pre-test,
pretest, equating, guidance, counseling, or for
the purposes of meeting graduation requirements of
secondary schools and postsecondary educational institutions.
Tests which
(4) Tests that are administered
as supplements or auxiliaries to another test, or which
that form a specialized component of a test, may
be combined for the purposes of this chapter.
(d) "Secure test" means any test which contains items not
available to the public and which, to allow the further use of test
items and to protect the validity and reliability of the test, is
subject to special security procedures in its publication,
distribution, and administration.
(e) "Test subject" or "subject" means an individual who takes a
standardized test.
(f) "Test sponsor" or "test agency" means an individual,
partnership, corporation, association, company, firm, institution,
society, trust, or joint stock company which develops, sponsors, or
administers standardized tests.
(g)
(f) "Testing year" means the 12 calendar months
which that the test agency considers
either its operational cycle or its fiscal year.
(g) "Test preparation course" means any curriculum, course of
study, plan of instruction, or method of preparation given for a fee
that is specifically designed or constructed to prepare or improve a
test subject's score on a standardized test.
(h) "Test program" means all of the administrations of a test of
the same name during a testing year.
(h)
(i) "Test score" or "score" means the value given to
the test subject's performance on a standardized test, administered
by the test agency, whether reported in numerical, percentile, or any
other form.
(i)
(j) "Test score recipient" means any person,
organization, association, corporation, postsecondary education
institution, or governmental agency or subdivision to which the test
subject requests or designates that a test agency report a test
score.
(j) "Score reporting service" means the reporting of a test
subject's standardized score to a test score recipient by a test
agency.
(k) "Test preparation course" means any curriculum, course of
study, plan of instruction, or method of preparation given for a fee
which is specifically designed or constructed to prepare or improve a
test subject's score on a standardized test.
( l ) "Test program" means all of the
administrations of a test of the same name during a testing year.
(k) "Test sponsor" or "test agency" means an individual,
partnership, corporation, association, company, firm, institution,
society, trust, or joint stock company that develops, sponsors, or
administers standardized tests.
(l ) "Test subject" or "subject" means an individual who
takes a standardized test.
SEC. 51. Section 99181 of the Education Code is amended to read:
99181. The University of California, the California State
University, and the California Community Colleges shall each prepare
a list of reports required to be submitted on a regular basis to the
Legislature and to state agencies. The purpose of each report shall
be identified, as well as the costs associated with production of the
report. Prior to March 1, 1992, this This
information shall be submitted to the education policy and
fiscal committees of the Legislature, the Department of Finance, and
the California Postsecondary Education Commission.
Commission on High er Education Performance and
Accountability. The California Postsecondary Education
Commission Commission on Higher Education Performance
and Accountability shall review and comment on the utility of
the required reports identified by the educational institutions, and
offer recommendations for consolidating or eliminating existing
reporting requirements in order to reduce operating expenses and
streamline reporting provisions.
SEC. 52. Section 99182 of the Education Code is amended to read:
99182. (a) On or before November 15, 1994, and each
November 15 thereafter, 15 of each year, the
California Postsecondary Education Commission
Commission on Higher Education Performance and Accountability
shall submit a higher education report to the Legislature and the
Governor which that provides
information to the citizens of the state on the significant
indicators of performance of the public colleges and universities.
This annual report shall be presented in a readable format. Prior to
publication, the commission shall distribute a draft of the report to
all public colleges and universities for comment.
(b) The commission, in cooperation with the public colleges and
universities, shall develop and adopt a format for the higher
education report specified in subdivision (a) and the information to
be included. The following types of information shall be considered
for inclusion in the report with respect to public universities:
(1) The retention rate of students.
(2) The proportion of lower division instructional courses taught
by tenured and tenure-track faculty.
(3) The minimum number of hours per semester required to be spent
by faculty in student advisement.
(4) The proportion of graduate and undergraduate students
participating in sponsored research programs.
(5) Placement data on graduates.
(6) The proportional changes in the participation and graduation
rates of students from groups historically underrepresented in higher
education.
(7) The proportion of graduate students who received undergraduate
degrees (A) at the institution, (B) within the state, (C) within the
United States, and (D) from other nations.
(8) The number of full-time students who have transferred from a
California community college.
(9) Demonstrable evidence of improvements in student knowledge,
capacities, and skills between entrance and graduation, where this
evidence exists.
(10) Results of surveys of students regarding student attitudes
and experiences, where these surveys exist.
(c) The following types of information shall be considered for
inclusion in the report with respect to public community colleges:
(1) The retention rate of students.
(2) The proportion of remedial or developmental education courses
taught by full-time faculty.
(3) The number of hours per student per semester spent by faculty
in student advisement.
(4) Placement data on graduates.
(5) The proportional change in the participation and graduation
rate of students from groups historically underrepresented in higher
education.
(6) The number of students who have transferred into a four-year,
postsecondary educational institution, by ethnicity and
gender.
(7) Demonstrable evidence of improvements in student knowledge,
capacities, and skills between entrance and graduation, where this
evidence exists.
(8) Results of surveys of students regarding student attitudes and
experiences, where these surveys exist.
SEC. 53. Section 99202 of the Education Code is amended to read:
99202. (a) Within each subject matter project, a project advisory
board shall be established to do all of the following:
(1) Set guidelines for project sites.
(2) Review and recommend site proposals for funding.
(3) Monitor project activities to ensure that they adequately
reflect the priorities of the project and that projects comply with
the requirements of this chapter.
(4) Perform other duties as determined by the Concurrence
Committee rules and regulations adopted pursuant to subdivision (b)
of Section 99200.
(b) The composition of each advisory board shall be as follows:
(1) One representative selected by the California
Postsecondary Education Commission. Commission on
Higher Education Performance and Accountability.
(2) Two representatives selected by the President of the
University of California, one of whom is a member of the faculty in
the discipline addressed by the project.
(3) Two representatives selected by the Chancellor of the
California State University, one of whom is a member of the faculty
in the discipline addressed by the project.
(4) Three representatives selected by the Superintendent
of Public Instruction, Superintendent, one of
whom is a classroom teacher in the subject areas addressed by the
project.
(5) Two representatives of the State Board of Education,
state board, one of whom is a classroom teacher
in the subject areas addressed by the subject.
(6) One representative selected by the Governor.
(7) One representative selected by the Commission on Teacher
Credentialing.
(8) One representative of the statewide professional organization
of teachers in the subject matter addressed by the project, to be
selected by the president of that organization. If there is more than
one statewide professional organization of teachers in that subject
area, the members of the advisory board may choose which organization
shall select the representative and may choose to include a
representative of one or more of the other organizations as nonvoting
members of the advisory board.
(9) Two representatives of the California community
colleges Community Colleges selected by the
Chancellor of the California Community Colleges, one of whom is a
faculty member in the subject matter area addressed by the project.
(10) Two representatives of an independent postsecondary
educational institution selected by the Association of
Independent California Colleges and Universities, one of whom is a
member of the faculty in the discipline addressed by the project.
SEC. 54. Section 11126 of the Government Code is amended to read:
11126. (a) (1) Nothing in this article shall be
construed to This article does not prevent a
state body from holding closed sessions during a regular or special
meeting to consider the appointment, employment, evaluation of
performance, or dismissal of a public employee or to hear complaints
or charges brought against that employee by another person or
employee unless the employee requests a public hearing.
(2) As a condition to holding a closed session on the complaints
or charges to consider disciplinary action or to consider dismissal,
the employee shall be given written notice of his or her right to
have a public hearing, rather than a closed session, and that notice
shall be delivered to the employee personally or by mail at least 24
hours before the time for holding a regular or special meeting. If
notice is not given, any disciplinary or other action taken against
any employee at the closed session shall be null and void.
(3) The state body also may exclude from any public or closed
session, during the examination of a witness, any or all other
witnesses in the matter being investigated by the state body.
(4) Following the public hearing or closed session, the body may
deliberate on the decision to be reached in a closed session.
(b) For the purposes of this section, "employee"
does not include any person who is elected to, or appointed to a
public office by, any state body. However, officers of the California
State University who receive compensation for their services, other
than per diem and ordinary and necessary expenses, shall, when
engaged in that capacity, be considered employees. Furthermore, for
purposes of this section, the term employee includes a person exempt
from civil service pursuant to subdivision (e) of Section 4 of
Article VII of the California Constitution.
(c) Nothing in this article shall be construed to do any of the
following:
(1) Prevent state bodies that administer the licensing of persons
engaging in businesses or professions from holding closed sessions to
prepare, approve, grade, or administer examinations.
(2) Prevent an advisory body of a state body that administers the
licensing of persons engaged in businesses or professions from
conducting a closed session to discuss matters that the advisory body
has found would constitute an unwarranted invasion of the privacy of
an individual licensee or applicant if discussed in an open meeting,
provided the advisory body does not include a quorum of the members
of the state body it advises. Those matters may include review of an
applicant's qualifications for licensure and an inquiry specifically
related to the state body's enforcement program concerning an
individual licensee or applicant where the inquiry occurs prior to
the filing of a civil, criminal, or administrative disciplinary
action against the licensee or applicant by the state body.
(3) Prohibit a state body from holding a closed session to
deliberate on a decision to be reached in a proceeding required to be
conducted pursuant to Chapter 5 (commencing with Section 11500) or
similar provisions of law.
(4) Grant a right to enter any correctional institution or the
grounds of a correctional institution where that right is not
otherwise granted by law, nor shall anything in this article be
construed to prevent a state body from holding a closed session when
considering and acting upon the determination of a term, parole, or
release of any individual or other disposition of an individual case,
or if public disclosure of the subjects under discussion or
consideration is expressly prohibited by statute.
(5) Prevent any closed session to consider the conferring of
honorary degrees, or gifts, donations, and bequests that the donor or
proposed donor has requested in writing to be kept confidential.
(6) Prevent the Alcoholic Beverage Control Appeals Board from
holding a closed session for the purpose of holding a deliberative
conference as provided in Section 11125.
(7) (A) Prevent a state body from holding closed sessions with its
negotiator prior to the purchase, sale, exchange, or lease of real
property by or for the state body to give instructions to its
negotiator regarding the price and terms of payment for the purchase,
sale, exchange, or lease.
(B) However, prior to the closed session, the state body shall
hold an open and public session in which it identifies the real
property or real properties that the negotiations may concern and the
person or persons with whom its negotiator may negotiate.
(C) For purposes of this paragraph, the negotiator may be a member
of the state body.
(D) For purposes of this paragraph, "lease" includes renewal or
renegotiation of a lease.
(E) Nothing in this paragraph shall preclude a state body from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to subdivision (e).
(8) Prevent the California Postsecondary Education
Commission Commission on Higher Education Performance
and Accountability from holding closed sessions to consider
matters pertaining to the appointment or termination of the Director
of the California Postsecondary Education Commission.
California Commission on Higher Education Performance
and Accountability.
(9) Prevent the Council for Private Postsecondary and Vocational
Education from holding closed sessions to consider matters pertaining
to the appointment or termination of the Executive Director of the
Council for Private Postsecondary and Vocational Education.
(10) Prevent the Franchise Tax Board from holding closed sessions
for the purpose of discussion of confidential tax returns or
information the public disclosure of which is prohibited by law, or
from considering matters pertaining to the appointment or removal of
the Executive Officer of the Franchise Tax Board.
(11) Require the Franchise Tax Board to notice or disclose any
confidential tax information considered in closed sessions, or
documents executed in connection therewith, the public disclosure of
which is prohibited pursuant to Article 2 (commencing with Section
19542) of Chapter 7 of Part 10.2 of Division 2 of the Revenue and
Taxation Code.
(12) Prevent the Corrections Standards Authority from holding
closed sessions when considering reports of crime conditions under
Section 6027 of the Penal Code.
(13) Prevent the State Air Resources Board from holding closed
sessions when considering the proprietary specifications and
performance data of manufacturers.
(14) Prevent the State Board of Education or the Superintendent of
Public Instruction, or any committee advising the board or the
Superintendent, from holding closed sessions on those portions of its
review of assessment instruments pursuant to Chapter 5 (commencing
with Section 60600) of, or pursuant to Chapter 9 (commencing with
Section 60850) of, Part 33 of Division 4 of Title 2 of the Education
Code during which actual test content is reviewed and discussed. The
purpose of this provision is to maintain the confidentiality of the
assessments under review.
(15) Prevent the California Integrated Waste Management Board or
its auxiliary committees from holding closed sessions for the purpose
of discussing confidential tax returns, discussing trade secrets or
confidential or proprietary information in its possession, or
discussing other data, the public disclosure of which is prohibited
by law.
(16) Prevent a state body that invests retirement, pension, or
endowment funds from holding closed sessions when considering
investment decisions. For purposes of consideration of shareholder
voting on corporate stocks held by the state body, closed sessions
for the purposes of voting may be held only with respect to election
of corporate directors, election of independent auditors, and other
financial issues that could have a material effect on the net income
of the corporation. For the purpose of real property investment
decisions that may be considered in a closed session pursuant to this
paragraph, a state body shall also be exempt from the provisions of
paragraph (7) relating to the identification of real properties prior
to the closed session.
(17) Prevent a state body, or boards, commissions, administrative
officers, or other representatives that may properly be designated by
law or by a state body, from holding closed sessions with its
representatives in discharging its responsibilities under Chapter 10
(commencing with Section 3500), Chapter 10.3 (commencing with Section
3512), Chapter 10.5 (commencing with Section 3525), or Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 as the
sessions relate to salaries, salary schedules, or compensation paid
in the form of fringe benefits. For the purposes enumerated in the
preceding sentence, a state body may also meet with a state
conciliator who has intervened in the proceedings.
(18) (A) Prevent a state body from holding closed sessions to
consider matters posing a threat or potential threat of criminal or
terrorist activity against the personnel, property, buildings,
facilities, or equipment, including electronic data, owned, leased,
or controlled by the state body, where disclosure of these
considerations could compromise or impede the safety or security of
the personnel, property, buildings, facilities, or equipment,
including electronic data, owned, leased, or controlled by the state
body.
(B) Notwithstanding any other provision of law,
a state body, at any regular or special meeting, may meet in a closed
session pursuant to subparagraph (A) upon a two-thirds vote of the
members present at the meeting.
(C) After meeting in closed session pursuant to subparagraph (A),
the state body shall reconvene in open session prior to adjournment
and report that a closed session was held pursuant to subparagraph
(A), the general nature of the matters considered, and whether any
action was taken in closed session.
(D) After meeting in closed session pursuant to subparagraph (A),
the state body shall submit to the Legislative Analyst written
notification stating that it held this closed session, the general
reason or reasons for the closed session, the general nature of the
matters considered, and whether any action was taken in closed
session. The Legislative Analyst shall retain for no less than four
years any written notification received from a state body pursuant to
this subparagraph.
(d) (1) Notwithstanding any other provision of
law, any meeting of the Public Utilities Commission at which the
rates of entities under the commission's jurisdiction are changed
shall be open and public.
(2) Nothing in this article shall be construed to prevent the
Public Utilities Commission from holding closed sessions to
deliberate on the institution of proceedings, or disciplinary actions
against any person or entity under the jurisdiction of the
commission.
(e) (1) Nothing in this article shall be construed to prevent a
state body, based on the advice of its legal counsel, from holding a
closed session to confer with, or receive advice from, its legal
counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the state
body in the litigation.
(2) For purposes of this article, all expressions of the
lawyer-client privilege other than those provided in this subdivision
are hereby abrogated. This subdivision is the exclusive expression
of the lawyer-client privilege for purposes of conducting closed
session meetings pursuant to this article. For purposes of this
subdivision, litigation shall be considered pending when any of the
following circumstances exist:
(A) An adjudicatory proceeding before a court, an administrative
body exercising its adjudicatory authority, a hearing officer, or an
arbitrator, to which the state body is a party, has been initiated
formally.
(B) (i) A point has been reached where, in the opinion of the
state body on the advice of its legal counsel, based on existing
facts and circumstances, there is a significant exposure to
litigation against the state
body.
(ii) Based on existing facts and circumstances, the state body is
meeting only to decide whether a closed session is authorized
pursuant to clause (i).
(C) (i) Based on existing facts and circumstances, the state body
has decided to initiate or is deciding whether to initiate
litigation.
(ii) The legal counsel of the state body shall prepare and submit
to it a memorandum stating the specific reasons and legal authority
for the closed session. If the closed session is pursuant to
paragraph (1), the memorandum shall include the title of the
litigation. If the closed session is pursuant to subparagraph (A) or
(B), the memorandum shall include the existing facts and
circumstances on which it is based. The legal counsel shall submit
the memorandum to the state body prior to the closed session, if
feasible, and in any case no later than one week after the closed
session. The memorandum shall be exempt from disclosure pursuant to
Section 6254.25.
(iii) For purposes of this subdivision, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
(iv) Disclosure of a memorandum required under this subdivision
shall not be deemed as a waiver of the lawyer-client privilege, as
provided for under Article 3 (commencing with Section 950) of Chapter
4 of Division 8 of the Evidence Code.
(f) In addition to subdivisions (a), (b), and (c), nothing in this
article shall be construed to do any of the following:
(1) Prevent a state body operating under a joint powers agreement
for insurance pooling from holding a closed session to discuss a
claim for the payment of tort liability or public liability losses
incurred by the state body or any member agency under the joint
powers agreement.
(2) Prevent the examining committee established by the State Board
of Forestry and Fire Protection, pursuant to Section 763 of the
Public Resources Code, from conducting a closed session to consider
disciplinary action against an individual professional forester prior
to the filing of an accusation against the forester pursuant to
Section 11503.
(3) Prevent an administrative advisory
committee established by the California Board of Accountancy
pursuant to Section 5020 of the Business and Professions Code from
conducting a closed session to consider disciplinary action against
an individual accountant prior to the filing of an accusation against
the accountant pursuant to Section 11503. Nothing in this article
shall be construed to prevent an examining committee established by
the California Board of Accountancy pursuant to Section 5023 of the
Business and Professions Code from conducting a closed hearing to
interview an individual applicant or accountant regarding the
applicant's qualifications.
(4) Prevent a state body, as defined in subdivision (b) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in closed session by the state body
whose authority it exercises.
(5) Prevent a state body, as defined in subdivision (d) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the body defined
as a state body pursuant to subdivision (a) or (b) of Section 11121.
(6) Prevent a state body, as defined in subdivision (c) of Section
11121, from conducting a closed session to consider any matter that
properly could be considered in a closed session by the state body it
advises.
(7) Prevent the State Board of Equalization from holding closed
sessions for either of the following:
(A) When considering matters pertaining to the appointment or
removal of the Executive Secretary of the State Board of
Equalization.
(B) For the purpose of hearing confidential taxpayer appeals or
data, the public disclosure of which is prohibited by law.
(8) Require the State Board of Equalization to disclose any action
taken in closed session or documents executed in connection with
that action, the public disclosure of which is prohibited by law
pursuant to Sections 15619 and 15641 of this code and Sections 833,
7056, 8255, 9255, 11655, 30455, 32455, 38705, 38706, 43651, 45982,
46751, 50159, 55381, and 60609 of the Revenue and Taxation Code.
(9) Prevent the California Earthquake Prediction Evaluation
Council, or other body appointed to advise the Director of the Office
of Emergency Services or the Governor concerning matters relating to
volcanic or earthquake predictions, from holding closed sessions
when considering the evaluation of possible predictions.
(g) This article does not prevent either of the following:
(1) The Teachers' Retirement Board or the Board of Administration
of the Public Employees' Retirement System from holding closed
sessions when considering matters pertaining to the recruitment,
appointment, employment, or removal of the chief executive officer or
when considering matters pertaining to the recruitment or removal of
the Chief Investment Officer of the State Teachers' Retirement
System or the Public Employees' Retirement System.
(2) The Commission on Teacher Credentialing from holding closed
sessions when considering matters relating to the recruitment,
appointment, or removal of its executive director.
(h) This article does not prevent the Board of Administration of
the Public Employees' Retirement System from holding closed sessions
when considering matters relating to the development of rates and
competitive strategy for plans offered pursuant to Chapter 15
(commencing with Section 21660) of Part 3 of Division 5 of
Title 2. 5.
(i) This article does not prevent the Managed Risk Medical
Insurance Board from holding closed sessions when considering matters
related to the development of rates and contracting strategy for
entities contracting or seeking to contract with the board pursuant
to Part 6.2 (commencing with Section 12693), Part 6.3 (commencing
with Section 12695), Part 6.4 (commencing with Section 12699.50), or
Part 6.5 (commencing with Section 12700) of Division 2 of the
Insurance Code.
(j) Nothing in this article shall be construed to
This article does not prevent the
board of the State Compensation Insurance Fund from holding closed
sessions in the following:
(1) When considering matters related to claims pursuant to Chapter
1 (commencing with Section 3200) of Part 1 of Division 4
of the Labor Code, to the extent that confidential medical
information or other individually identifiable information would be
disclosed.
(2) To the extent that matters related to audits and
investigations that have not been completed would be disclosed.
(3) To the extent that an internal audit containing proprietary
information would be disclosed.
(4) To the extent that the session would address the development
of rates, contracting strategy, underwriting, or competitive
strategy, pursuant to the powers granted to the board in Chapter 4
(commencing with Section 11770) of Part 3 of Division 2 of the
Insurance Code, when discussion in open session concerning those
matters would prejudice the position of the State Compensation
Insurance Fund.
(k) The State Compensation Insurance Fund shall comply with the
procedures specified in Section 11125.4 of the Government
Code with respect to any closed session or meeting
authorized by subdivision (j), and in addition shall provide an
opportunity for a member of the public to be heard on the issue of
the appropriateness of closing the meeting or session.
SEC. 55. Section 127785 of the Health and Safety Code is repealed.
127785. The California Postsecondary Education Commission shall
furnish to the office, at least biennially, all information that the
commission has compiled pursuant to Section 66903.2 of the Education
Code, that constitutes basic data as to enrollees in public and
private educational institutions and programs preparing or training
health personnel. The office may request additional data from
licensing boards and agencies to supplement the data received from
the commission, as necessary to carry out the health personnel
planning and development activities of the office.
SEC. 56. Section 128030 of the Health and Safety Code is amended
to read:
128030. The office, in cooperation with the California
Postsecondary Education Commission, Commission on
Higher Education Performance and Accountability, shall
administer the program established pursuant to this article and shall
for this purpose, adopt regulations as it determines are reasonably
necessary to carry out this article.
SEC. 57. Section 24357.8 of the Revenue and Taxation Code is
amended to read:
24357.8. (a) In the case of a qualified research contribution,
the amount otherwise allowed as a deduction under Section 24357,
shall be reduced by that amount of the reduction provided by Section
24357.1 which that is no greater than
the sum of the following:
(1) One-half of the amount computed pursuant to Section 24357.1
(computed without regard to this paragraph).
(2) The amount (if any) amount, if any,
by which the charitable contribution deduction under this
section for any qualified research contribution (computed by taking
into account the amount determined by paragraph (1), but without
regard to this paragraph) exceeds twice the basis of the property.
(b) For purposes of this section, "qualified research contribution"
means a charitable contribution by a taxpayer of tangible personal
property described in paragraph (1) of Section 1221 of the Internal
Revenue Code, but only if all of the following conditions are met:
(1) The contribution is to an educational organization
which that is described in subsection (b)(1)(A)
(ii) of Section 170 of the Internal Revenue Code and which
that is an institution of higher
education (as education, as defined in Section
3304(f) of the Internal Revenue Code of 1954)
1954, in California.
(2) The contribution is made not later than two years after the
date the construction of the property is substantially completed.
(3) The original use of the property is by the donee.
(4) The property is scientific equipment or apparatus
substantially all of the use of which by the donee is for research or
experimentation (within experimentation,
within the meaning of Section 24365),
24365, or for research training, in physical, applied, or
biological sciences, or for instructional purposes.
(5) The property is not transferred by the donee in exchange for
money, other property, or services.
(6) The taxpayer receives from the donee a written statement
representing that its use and disposition of the property will be in
accordance with this section, and with respect to property
substantially all of the use of which is for instructional purposes,
the taxpayer receives from the donee a written statement representing
that the property will be used as an integral part of the
instructional program. In the case of a computer, the statement shall
also represent that the donee has acquired or will acquire,
necessary basic operational software and the means to provide trained
staff to utilize the property.
(7) The contribution is made on or after July 1, 1983, and on or
before December 31, 1993.
(8) The taxpayer shall report to the Franchise Tax Board, on forms
prescribed by the board, the name and address of the recipient
educational organization, a description of the qualified charitable
contribution, the fair market value of the contribution, and the date
the contribution was made. The taxpayer shall forward a copy of the
forms, along with the written statements prescribed in paragraph (6),
to the following:
(A) The President of the University of California, in the case of
contributions to institutions within the University of California
system.
(B) California Postsecondary Education Commission
The California Commission on Higher
Education Performance and Accountability , in the case of
contributions to private institutions.
(C) The Chancellor of the California State University, in the case
of contributions to institutions within the California State
University system.
(D) The Chancellor of the California Community Colleges, in the
case of contributions to institutions within the California Community
College system.
(c) For purposes of this section, the term "taxpayer" shall not
include a service organization (as
organization, as defined in Section 414(m)(3) of the Internal
Revenue Code ). Code.
SEC. 58. Section 10529 of the Unemployment Insurance Code is
amended to read:
10529. (a) The services provided by the existing labor market
information system within the department shall include workforce and
economic information that does all of the following:
(1) Provides data and information to the state Workforce
Investment Board created pursuant to Section 2821 of Title 29 of the
United States Code, to enable the board to plan, operate, and
evaluate investments in the state's workforce preparation system that
will make the California economy more productive and competitive.
(2) Provides data and information for continuous strategic
planning and the development of policies for the growth and
competitiveness of the California economy.
(3) Identifies and combines information from various state
data bases databases to produce useful,
geographically based analysis and products, to the extent possible
using existing resources.
(4) Provides technical assistance related to accessing workforce
and economic information to local governments, public-sector
entities, research institutes, nonprofit organizations, and community
groups that have various levels of expertise, to the extent possible
using existing resources.
(b) The department shall coordinate with the State Department of
Education, the Chancellor of the California Community Colleges, the
State Department of Social Services, the California
Postsecondary Education Commission, Commission on
Higher Education Performance and Accountability, the Department
of Finance, and the Franchise Tax Board in developing economic and
workforce information. The department shall also solicit input in the
operation of the program from public and private agencies and
individuals that make use of the labor market information provided by
the department.
SEC. 59. Section 4341.5 of the Welfare and Institutions Code is
amended to read:
4341.5. In order to ensure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of State Hospitals shall, to the extent resources are
available, plan with the University of California, private
universities, and the California Postsecondary Education
Commission, Commission on Higher Education Performance
and Accountability for the development of programs for the
training of psychiatrists and psychologists with forensic skills, and
recommend appropriate incentive measures, such as state
scholarships.
SEC. 60. Section 4421 of the Welfare and Institutions Code is
amended to read:
4421. In order to assure an adequate number of qualified
psychiatrists and psychologists with forensic skills, the State
Department of Developmental Services shall plan with the University
of California, private universities, and the California
Postsecondary Education Commission, Commission on
Higher Education Performance and Accountability for the
development of programs for the training of psychiatrists and
psychologists with forensic skills.