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AB 1725 History - Mission College

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AB 1725 History - Mission College
Academic Senate for California Community Colleges
The Governance Show
Ian Walton, Past President, ASCCC
Mission College, September 08
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Academic Senate for California Community Colleges
Governance
………….
or
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Participating Effectively in District and
College Governance
(The Law, Regulation and Guidelines)
Academic Senate for California
Community Colleges
Community College League
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
AB 1725 History
1984
CEOs call for review (January)
Legislation establishes
Commission for Review of
Master Plan
Initial study of community
colleges
1987
Legislative Committee
report (January) Building
California’s Community
Colleges
Committees, studies,
consultants, hearings
Californians for Community
Colleges Toward Excellence
1988
AB 1725 signed by
governor (September)
Assembly: 74-1
Senate: 38-0
Commission report on
community colleges (March)
Challenge of Change
1989
$70 million base funds
added
1990
$70 million more to base
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
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1985
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1986
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
AB 1725 Contents

Mission
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
Priorities set
Common transfer core
Remedial limits
Fund for Instructional Improvement
Governance
–
–
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State and local delineations
Eleven point accountability
Decision-making
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
AB 1725 Contents

Funding
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
Program based funding
Program improvement fund (19 areas)
Faculty and Staff
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Credentials repealed (add minimum qualifications,
local hiring criteria, faculty service areas)
Tenure to four years
Evaluation/peer review
Administrator contracts
Goals of 75% of credit hours taught by full-time
Staff development
Diversity goals
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Intent of Reform

Enhance community college image

Increase support for more money

Move from K-12 to higher education

Develop more unified system

Institutional renewal
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Definition
Participating effectively in district and college
governance is...

Shared involvement in the decision-making
process.
–
It does not imply total agreement;
–
The same level of involvement by all is not
required; and
–
Final decisions rest with the board or designee.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Value

Expertise and analytical skills of many

Understanding of objective/decisions

Commitment to implementation

Leadership opportunities

Promotion of trust and cooperation

Opportunities for conflict resolution

Less dissent
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Challenges

Participation by individuals with limited expertise

Time away from other duties

Can require considerable time for decision

Shared accountability

Differing expectations and understanding

Potential conflict if board/designee rejects
recommendation
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
“ … not a simple process to implement – goodwill,
thoughtful people, a willingness to take risks and
the ability to admit problems exist – can go far
toward establishing a positive environment…
The central objective should be creation of a
climate where energy is devoted to solving crucial
educational tasks and not to turf battles over
governance.”
CCCT/CEOCCC Policy Paper, December 1989
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
The Law
Board of Governors shall establish "minimum
standards" and local governing boards shall
"establish procedures not inconsistent" with those
standards to ensure:
• Faculty, staff and students the right to participate
effectively in district and college governance and
• The right of academic senates to assume primary
responsibility for making recommendations in the
areas of curriculum and academic standards.
(see Education Code Sections 70901 and 70902)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Recommending Nature of
Academic Senate Role
“The Legislature intended that academic
senates retain their recommendatory
character – an action that is advisory in
nature rather than one having any binding
effect.”
Legislative Counsel of the State of California
Opinion Letter, April 1991
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Regulations - Academic Senates
(a)The governing board shall adopt policies for
appropriate delegation of authority and
responsibility to its academic senate.
…providing at a minimum the governing
board or its designees
• consult collegially with the academic senate
when adopting policies and procedures on
academic and professional matters.
(see Title 5 §53203)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Regulations - Academic Senates
"Consult collegially" means:
1) Relying primarily upon the advice and
judgment of the academic senate; or
2) Reaching mutual agreement between the
governing board/designee and
representatives of the academic senate.
(see Title 5 §53200)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines - Academic Senates
QUESTION: Who decides which of the two processes in
the regulations ("rely primarily" or "mutual agreement")
should be used on a given issue?
ANSWER: The local governing board. However, it is
recommended that the ten categories of academic and
professional matters listed in the regulations be the
subject of local discussions during the initial
implementation of the regulations, so that all concerned
will know, in advance, which issues will be dealt with
according to which process. These may then be included
in adopted policy .
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Regulations - Academic Senates
"Academic and professional matters" means the following policy
development and implementation matters:
1. Degree and certificate requirements
2. Curriculum, including establishing prerequisites and placing courses
within disciplines
3. Grading policies
4. Educational program development
5. Standards or policies regarding student preparation and success
6. District and college governance structures, as related to faculty roles
7. Faculty roles and involvement in accreditation processes, including
self study and annual reports
8. Policies for faculty professional development activities
9. Processes for program review
10.Processes for institutional planning and budget development, and
11.Other academic and professional matters as mutually agreed upon
between the governing board and the academic senate.
(Title 5 §53200)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines - Academic Senates
Consulting Procedures
QUESTION: The regulations list ten areas defined as "academic
and professional matters." The local board must adopt procedures
identifying how it will "consult collegially" in these ten areas. Those
procedures include either to "rely primarily upon the advice and
judgment of the academic senate" or to "reach mutual agreement."
Must a local board select only one procedure for addressing all ten
of the identified academic and professional matters, or can there be
a different approach used for the different matters?
ANSWER: Either one of the procedures may be used to address
each of the ten areas defined as academic and professional
matters; the procedure need not be the same for all ten. It is
recommended ─ although not required ─ that the specific procedure
selected be identified in policy for each of the ten "academic and
professional matters."
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Regulations - Academic Senates
(d) Governing board action:
1) Rely Primarily –
• recommendations of the senate will normally be
accepted
• only in exceptional circumstances and for
compelling reasons will the recommendations
not be accepted
• If not accepted, board/designee communicate
its reasons in writing, if requested
(see Title 5.3 §53200)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Regulations - Academic Senates
(d) Governing board action:
2) Mutual Agreement – (if agreement not reached)
• existing policy remains in effect unless
• exposure to legal liability
• or substantial fiscal hardship.
• If no policy or existing policy creates exposure to legal
liability or substantial fiscal hardship
• board may act if agreement not reached
– If good faith effort first
– only for compelling legal, fiscal, or organizational
reasons
(see Title 5.3 §53200)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines - Academic Senates
Board Actions
QUESTION: If the governing board chooses the option to
"rely primarily" on the advice of the academic senate in
any of the ten defined areas of "academic and
professional matters," is the board required to accept the
recommendation of the senate?
ANSWER: No. Title 5 Regulations clearly state that, in
most cases, under the "rely primarily" option the
recommendation of the academic senate will be adopted.
However, there are conditions under which the local board
may need to make a decision different from the senate's
recommendation.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines to Academic Senates Regulations
Board Action
QUESTION: A district governing board which chooses the "rely
primarily" procedure is normally supposed to accept
recommendations of the senate in any of the ten defined areas of
"academic and professional matters" unless there are "exceptional
circumstances" and "compelling reasons." What do these mean?
ANSWER: The regulations do not define the terms "exceptional
circumstances: and "compelling reasons," and these terms are not
intended to have a legal definition. These terms mean that boards
must usually accept senate recommendations, and that in instances
where a recommendation is not accepted, the board's decision must
be based on a clear and substantive rationale which puts the
explanation for the decision in an accurate, appropriate, and relevant
context.
Boards tempted to reject a recommendation might, instead, ask the
senate to reconsider the recommendation in light of the issues that
have not been resolved to the board's satisfaction.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines to Academic Senates Regulations
Board Action
QUESTION: A district governing board which chooses the "mutual
agreement" procedure is supposed to reach written agreement with
the senate in any of the ten defined areas of "academic and
professional matters." When may a board act if it is not able to
reach mutual agreement with the academic senate?
ANSWER: If there is no existing policy, the regulations say the
board may act without reaching mutual agreement if there are
"compelling legal, fiscal, or organizational reasons" why it must do
so. Again, the word "compelling" is not defined in the regulations
and is not intended to have a legal definition. It means that in
instances where mutual agreement with the senate is not reached,
a board decision must be based on a clear and substantive
rationale, which puts the explanation for the decision in an accurate,
appropriate and relevant context.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines to Academic Senates Regulations
Budget
QUESTION: One of the ten areas of "academic and
professional matters" is "processes for institutional planning
and budget development." Does this regulation relate to the
institutional plans and budgets themselves, or only to the
process by which plans and budgets are developed for
presentation to the board?
ANSWER: The regulation relates only to the process. The
academic senate's role is in helping to shape the processes
used for developing the plans and budgets to be acted
upon by the governing board. The board is not required to
either "rely primarily" on the senate's recommendations, or
reach agreement with the senate on the plans and budgets
themselves.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Other Legal Provisions
Administrator Retreat Rights
Process agreed upon jointly; board to rely primarily
upon the advice and judgment of the academic senate
to determine that the administrator possesses minimum
qualifications for employment as a faculty member
(see Ed Code §87458)
Curriculum Committee
Established by mutual agreement of administration and
senate
(see Title 5 §55002)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Other Legal Provisions
Equivalencies to Minimum Qualification
Process, criteria and standards agreed upon jointly by
board designee and academic senate
(see Ed Code §87359)
Faculty Hiring
Criteria, policies and procedures shall be agreed upon
jointly by board designee and academic senate
(see Ed Code §87360)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Other Legal Provisions
Collective bargaining
• Decision-making policies and implementation cannot
detract from negotiated agreements on wages and
working conditions
 Academic senate and bargaining representatives may
establish agreements as to consulting, collaborating,
sharing or delegating (Title 5 §53204)
 In those districts where the following are collectively
bargained, the exclusive bargaining agent shall consult
with the academic senate prior to engaging in
bargaining on: Faculty Evaluation (Ed Code §87663),
Tenure (Ed Code §87610.6) and Faculty Service Areas
(Ed Code §87743.2)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Staff Regulations
Governing board adopt policies and procedures that provide
staff opportunity to participate effectively in district and college
governance.
• formulation and development of policies and procedures, and
• processes for jointly developing recommendations
• that have or will have a significant effect on staff.
Board shall not take action on matters significantly affecting staff
until
• the recommendations and opinions of staff are given every
reasonable consideration.
(see Title 5 §51023.5)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Regulations - Students
Governing board adopt policies and procedures that
provide students opportunity to participate effectively in
district and college governance.
• formulation and development policies and procedures
and
• processes for jointly developing recommendations that
have or will have a significant effect on students.
Board shall not take action on a matter having a significant
effect on students until:
• recommendations and positions by students are given
every reasonable consideration.
(Title 5 §51023.7)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Regulations - Students
Polices and procedure that have a “significant effect on students”
include :
(1) grading polices;
(2) codes of student conduct;
(3) academic disciplinary policies;
(4) curriculum development
(5) courses or programs which should be initiated or discontinued;
(6) processes for institutional planning and budget development;
(7) standards and polices regarding student preparation and success;
(8) student services planning and development;
(9) student fees within the authority of the district to adopt;
(10) any other district and college policy, procedure or related matter
that the district governing board determines will have a significant
effect on students and
(c) policies and procedures pertaining to the hiring and evaluation of
faculty, administration, and staff.
(Title 5 §51023.7)
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Overlapping Student/Faculty Concerns
(1) grading polices;
(2) codes of student conduct;
(3) academic disciplinary policies;
(4) curriculum development
(5) courses or programs which should
be initiated or discontinued;
(6) processes for institutional planning
and budget development;
(7) standards and polices regarding
student preparation and success;
(8) student services planning and
development;
(9) student fees within the authority of
the district to adopt;
(10) Other district/college policy that
the board determines will have a
significant impact on students
Grading policies
Curriculum, including prerequisites
Educational program development
Processes for institutional planning
and budget development
Standards or policies regarding
student preparation and success
Other academic and professional
matters as mutually agreed upon
between the governing board
and the academic senate.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines - Academic Senates
Others Involved
QUESTION: Does the term "rely primarily upon the
advice and judgment of the academic senate" mean that
the governing board should not receive and consider the
advice and judgment of others on issues of "academic
and professional matters"?
ANSWER: No. Indeed, there are other regulations and
laws which address the participation of the public,
students, staff, and unions in district governance.
.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines - Academic Senates
Others Involved
QUESTION: Should the advice the judgment of the academic senate
be accorded greater weight than the advice and judgment of other
groups and constituencies in connection with "academic and
professional matters"?
ANSWER: Yes. Outside of collective bargaining laws, the intent of
the regulations is to ensure that, while all relevant constituencies
should have the opportunity to participate, boards must accord the
greater weight to academic senates in "academic and professional
matters" by "consulting collegially" with the senates, as described in
these guidelines
QUESTION: Do these regulations have the force of law?
ANSWER: Yes, If a district board does not make a good faith effort
and does not ultimately abide by these regulations it would be
violation of law.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
Guidelines – Academic Senates
Enforcement
QUESTION: What powers do the Board of Governors have to enforce
Title 5 Regulations such as the ones on strengthening local senates?
ANSWER: Education Code §70901 mandates that the Board of
Governors establish minimum conditions entitling districts to receive
state aid. Currently there are some 15 minimum conditions that
districts must meet in order to receive state funds. The Board of
Governors can withhold funding from any district that does not meet
established minimum qualifications. One of these minimum conditions
is adoption of procedures consistent with §53200-53204 of the
Administrative Code. Thus, one of the minimum conditions that
districts must substantially meet in order to receive state aid is to
strengthen local academic senates as per the new regulations
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
LAW
REGULATIONS
LEVEL OF PARTICIPATION
REGULATIONS
AREAS OF PARTICIPATION
REGULATIONS
CONSIDERATION OF RECOMMENDATIONS
FACULTY
*Right to participate effectively
*Academic Senate right to assume primary
responsibility for recommending on:
 Curriculum
*Local boards shall:
 Consult collegially on
 Academic and professional matters
 Academic standards
*Academic and professional matters
1. Curriculum
2. Degree
3. Grading
4. Program development
5. Student standards
6. Faculty role in governance structures
7. Accreditation
8. Professional development
9. Processes for program review
10. Processes for planning & budget
11. Other
*Consult collegially
 Reach mutual agreement
*Significant effect on staff
*Given “every reasonable consideration”
*Significant effect on students
1. Grading
2. Codes of conduct
3. Academic discipline
4. Curriculum
5. Education programs
6. Processes for budget & planning
7. Student standards
8. Student services planning & development
9. Fees
10. Evaluation & hiring
11. Other
*Given “every reasonable consideration”
 Rely primarily on advice and judgment of
academic senate
STAFF
*Right to participate effectively
*Provided opportunity to participate in
formulation of:
 Policies,
 Procedures, and
 Processes that have a
 Significant effect on staff.
STUDENTS
*Right to participate effectively
*Provided opportunity to participate in
formulation of
 Policies,
 Procedures and
 Processes that have a
 Significant effect on students.
Participatory Governance, ASCCC/CCLC, Simpson, Clark, Walton, Lieu, Woodruff, Lay, Viar
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