California Community Colleges
Office of the General Counsel
(916) 445-4826
Issue No. 09-01March 2009
This Legal Update focuses on new legislation which took effect on January 1, 2009. If you would like a complete copy of a bill, web access to all legislation is available at:
STUDENTS AND INSTRUCTION
Open Education Resource Centers (AB 2261)
Open Education Resources (OER) are learning materials or resources whose copyrights have been released or are expired, which permits their free use without the permission of the original authors or creators. This bill authorizes the Board of Governors to establish a pilot program to determine the viability, costs, and usefulness of OER resource centers that are compliant with the requirements of the American with Disabilities Act, the Intersegmental General Education Transfer Curriculum, and copyright laws. The Chancellor’s Office is required to present the findings of this pilot program to the Governor on or before January 1, 2012.
Early Commitment to College Program (SB 890)
This bill establishes the Early Commitment to College Program which is a voluntary program that encourages students to meet numerous requirements and “pledge” their intent to enroll in college during grades 6 through 9. Qualifying students are to be made eligible for a Board of Governor’s fee waiver for two or more years. The Superintendent of Public Instruction is required to consult with the California Community Colleges and other higher education institutions in developing the pledge, letter, and supporting materials. Practically this program’s effect should be small. Additional fee waivers would be granted only to those students who make the “pledge” and do not already qualify for the Board of Governor’s fee waiver. The remainder would already be eligible for the fee waiver.
Community College Early Assessment Pilot Program (SB 946)
This bill requires the Chancellor’s Office to coordinate with community college districts that choose to voluntarily participate in the Early Assessment Program (EAP). Community college districts are not required to participate. This coordination is to include encouraging participation in the program, providing technical assistance, and allowing access to individual test results for the California Standards Test (CST) and the augmented CST. The participating community college districts are encouraged, but not required to consult with the Academic Senate to sequence their precollegiate level and transfer-level courses in English and mathematics. Participating community college districts are required to provide diagnostic advice to prospective high school pupils participating in the program based on individual test results. CST results cannot be used as a criterion for admission.
Golden State Scholarshare Trust Act (SB 1457)
This bill creates establishes the Golden State Scholarshare College Savings Trust which is to be administered by the Scholarshare Investment Board. This trust would fund the California Scholarshare Advancement Vehicle for Education (CalSAVE) program, which is designed to fund scholarships for beneficiaries as determined by the board.
Student Financial Aid: Military and Veterans Office (SB 1680)
This bill authorizes the California Community Colleges to coordinate veteran services with California State University and the University of California. The community college districts are not required to participate. These services include financial aid counseling, academic outreach, transition concerns, postgraduate planning, health and mental health services, tutoring, and career counseling. The California Community Colleges are encouraged to report to the Department of Veteran Affairs on an annual basis the number of qualified students assisted by a Military and Veteran’s Office, the number of those students who are on active duty, and the total education benefits obtained by those students.
California Virtual Campus/ Concurrent Enrollment / Public Utilities Program(SB 1437)
This bill extends to July 1, 2014, exemptions to the cap on the percentage of pupils that K-12 school principals may recommend for enrollment at community colleges during summer sessions. In addition to this feature, this bill has multiple facets, some of which apply directly to the community college system:
- This bill funds the California Virtual Campus (CVC) through the California Teleconnect Fund program administered by the Public Utilities Commission. The CVC is an attempt to employ information technology, including broadband, to improve students’ academic performance. Local assistance money allocated to districts for funding CVC is limited to $100,000.
- Annually by September 1, the Chancellor’s Office must submit to the Department of Finance, the amount of the costs related to maintaining connectivity to the districts.
- The Board of Governors is also required to submit a plan to the Legislature and Governor by January 1, 2015, on recommendations for expanding the number of sites partnering with the CVC.
EMPLOYMENT
Temporary Employees (AB 591)
This bill states that any person employed to teach community college classes for not more than 67 percent of the hours per week (increasing from 60 percent) considered a full-time assignment for regular employees, shall be classified as a temporary employee, and shall not become a contract employee. This provision does not apply to collective bargaining agreements that were in effect on or before January 1, 2009, until they expire. Substitute service and service in professional ancillary activities, such as training, cannot be used for purposes of calculating eligibility.
Freedom of Speech (SB 1370)
This bill prohibits a community college employee from being dismissed, suspended, disciplined, reassigned,transferred, or otherwise retaliated against for acting to protect a student's statutorily and constitutionally protected free speech rights.
ADMINISTRATION
California Education Information (SB 1298)
This bill requires the Chancellor’s Office, California State University, and the University of California to establish a system for creation of a unique statewide pupil identifier. The Chancellor’s Office is to report on the progress for the establishment of such a system on or before April 1 of each year. The Chancellor’s Office also is required to participate in a working group with other higher education institutions to review and examine state education information systems.
Local Agency Meetings (SB 1732)
This bill prohibits a majority of the members of a local legislative body from using a series of communications of any kind, directly or through intermediaries, to discuss, deliberate or take action on any item of business that is required by the Ralph M. Brown Act (Brown Act) to be conducted in public.
Cal Grants (AB 2260)
This bill clarifies that students participating in the Competitive Cal Grant B award program may use a college grade point average (GPA), if they have one, in lieu of a high schoolGPA and repeals an obsolete statute authorizing a CaliforniaCommunity Colleges district governing board to contract out the operation of a bookstore. It was determined that community colleges could contract out the operation of a bookstore under its general authority without statutory authorization per Education Code section 70902.
CAREER TECHNICAL EDUCATION
California Green Collar Jobs Act of 2008 (AB 3018)
This bill authorizes the California Workforce Investment Board to establish a special committee known as the Green Collar Jobs Council (GCJC), comprised of multiple education representatives including one from the California Community Colleges. The GCJC is charged with developing a strategic initiative to identity green collar job opportunities, develop partnerships, provide guidance, collect data, and identify resources to maximize green technology usage. The green workforce strategic initiative is due to the Legislature on or before April 1, 2009.
Nursing Education (SB 1621)
This bill makes several modifications regarding eligibility for participation in the State Nursing Assumption Program of Loans for Education-Nursing Faculty (SNAPLE-NF). Among these changes are:
- A participant who possesses a baccalaureate or graduate degree at the time of application to the program must agree to teach nursing on a full-time or part-time basis, commencing not more than 12 months after receiving the loan assumption award.
- Any person currently teaching nursing at a regionally accredited California college or university is not eligible for loan assumption under SNAPLE-NF.
- For eligibility purposes, allows an applicant to be judged by an employer or by his or her postsecondary institution, to have outstanding ability on the basis of specified criteria.
- A participant in SNAPLE-NF must have a baccalaureate degree.
- If the applicant has no additional coursework required to obtain his or her degree, that participant may be excused from the half-time requirement.
- A participant may be excused from the half-time enrollment requirement or from the three-year teaching commitment requirement for up to one year if that participant is sick, pregnant, called to military active duty, or prevented from completing the requirements due to natural disaster.
Nursing Program Requirements (SB 1393)
This bill prohibits California community colleges (CCCs) which operate registered nursing programs from requiring admitted students who already have a B.A. or higher degree to complete non-nursing degree related courses. CCCs are also prohibited from excluding an applicant to a registered nursing program on the sole basis that the applicant is not a resident of the district.
Vocational Nursing and Psychiatric Technicians (AB 1927)
This bill deletes current requirements on schools accredited for the training of psychiatric technicians related to assessment, credit, and course availability. Instead, if a school does not give student applicants credit in the fields of nursing and psychiatric technician practice for previous education and the opportunity to obtain credit for other acquired knowledge, then the Board of Vocational Nursing and Psychiatric Technicians (Board) can deny or revoke accreditation. The Board also will assess equivalency of courses provided by vocational nursing schools or psychiatric technician schools.
CAPITAL OUTLAY
Community College School Buildings (SB 588)
Existing law requires that all school buildings constructed, reconstructed, modified, or expanded after July 1, 2006, be built according to the Field Act or according to the California Building Standards Code (CBSC). This bill requires the Department of General Services (DGS) and the Board of Governors to develop and submit proposed building standards for use when a community college district elects to not utilize the Field Act and chooses to use the CBSC. Until these proposed standards are finalized, there are no requirements for community college districts to change the way they construct buildings. Additionally, the Legislative Analyst’s Office is required to assess the roles of DGS and the community colleges and make recommendations for possible improvements.
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Legal Update 09-01