Bill Text: CA SB940 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Education.

Spectrum: Slight Partisan Bill (Democrat 7-3)

Status: (Passed) 2011-09-26 - Chaptered by Secretary of State. Chapter 349, Statutes of 2011. [SB940 Detail]

Download: California-2011-SB940-Amended.html

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BILL NUMBER: SB 940	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2011

INTRODUCED BY   Committee on Education (Senators Lowenthal (Chair),
Alquist, Blakeslee, Hancock, Huff, Liu, Price, Runner, Simitian, and
Vargas)

                        MARCH 24, 2011

   An act to amend Sections  66747 and 69511 of 
 41329.59, 66026, 66747, 66902.5, 69511, 71093, and 87884 of, and
to repeal Sections 52272, 66941, and 81706 of,  the Education
Code, and to amend Section 4709 of the Labor Code, relating to
 public postsecondary  education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 940, as amended, Committee on Education.  Public
postsecondary education: students.   Education. 

   (1) Existing law requires the Fiscal Crisis and Management
Assistance Team to conduct an extraordinary audit of the Compton
Community College District and file a written status report at
regular intervals with specified persons, including the Secretary for
Education.  
   This bill would require that written status report to be filed
with the Governor instead of the Secretary for Education.  
   (2) Existing law establishes the Education Technology Professional
Development Program to provide teacher training on the use of
technology in the classroom.  
   This bill would repeal that program.  
   (3) Existing law requires reports submitted to the Legislature by
the University of California, the California State University, the
Office of the Chancellor of the California Community Colleges, and
the California Postsecondary Education Commission to be delivered to
specified entities, including the Office of the Secretary for
Education.  
   This bill would require those reports to be delivered to the
Office of the Governor instead of the Office of the Secretary for
Education.  
   (4) Existing law requires the California Postsecondary Education
Commission to convene an intersegmental working group to determine
state funding priorities consistent with the institutional missions
of the systems of higher education.  
   This bill would eliminate the working group.  
   Existing 
    (5)     Existing  law, the Student
Transfer Achievement Reform Act, establishes that the California
State University is required to guarantee admission with junior
status to any community college student who meets the requirements
for the associate degree for transfer. A student admitted to the
California State University pursuant to the act is entitled to
receive priority over all other community college transfer students,
excluding community college students who have entered into a transfer
agreement between a community college and the California State
University prior to the fall term of the 2012-13 academic year.
   Existing law states the intent of the Legislature that specified
categories be followed, insofar as practicable, in numeric order for
the purposes of enrollment planning and admission priority practice
at the undergraduate resident student level for the California State
University and the University of California.
   This bill would require that students admitted to the California
State University  and the University of California 
pursuant to the act receive priority for purposes of enrollment, if
the students have met the requirements of an approved transfer
agreement consistent with this priority. 
   The 
    (6)     The 
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Act establishes the
Cal Grant entitlement awards and the California Community College
Transfer Entitlement Awards, under the administration of the Student
Aid Commission, and establishes eligibility requirements for awards
under these programs for participating students attending qualifying
institutions.
   Existing law provides that if a federal law permits the
administration of a scholarship or grant program by a state agency,
the Student Aid Commission is to administer the program if it is
determined that the participation by the state in the federal
scholarship or grant program would not interfere with or jeopardize
the continuation of a Cal Grant scholarship program established
pursuant to specified provisions of state law.
   This bill would change obsolete references in law to refer to the
current Cal Grant program. 
   (7) Existing law authorizes the Board of Governors of the
California Community Colleges to authorize the Chancellor to suspend
the authority of the Board of Trustees of the Compton Community
College District to exercise any powers or responsibilities or to
take any official actions with respect to management of the district.
Existing law also authorizes the board of governors to authorize
that suspension for a specified period of time plus a period lasting
until specified persons, including the Secretary for Education,
concur that the district has met specified requirements.  
   This bill would instead provide that the Governor, instead of the
Secretary for Education, would be required to concur that the
district has met those requirements.  
   (8) Existing law requires the Board of Governors of the California
Community Colleges to develop guidelines for design-build projects
by June 30, 2003.  
   This bill would repeal that requirement.  
   (9) Existing law, the Community College Part-Time Faculty Office
Hours Program, provides students equal access to academic advice and
assistance without regard to whether a course at a community college
is taught by a full-time or a part-time faculty member. The governing
board of each community college district that establishes such a
program is required to negotiate, or meet and confer, to establish a
program to provide part-time faculty office hours.  
   This bill would correct a cross-reference in the latter provision.
 
   Existing 
    (10)     Existing  law provides that a
dependent of a peace officer who is killed in the performance of
duty or who dies or is totally disabled as a result of an accident or
an injury that is compensable, as defined, is entitled to a Cal
Grant scholarship at a specified institution. Existing law provides
that a dependent of a peace officer who is a recipient of a
scholarship shall not be precluded from receiving a Cal Grant award,
as specified.
   This bill would change obsolete references in law to refer to the
current Cal Grant program.
   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 41329.59 of the  
Education Code   is amended to read: 
   41329.59.  (a) On or before October 30, 2006, the Fiscal Crisis
and Management Assistance Team (FCMAT) shall conduct an extraordinary
audit of the Compton Community College District, to be delivered to
the Board of Governors of the California Community Colleges and the
Director of Finance, focused upon an examination of alleged fraud,
misappropriation of funds, or other illegal fiscal practices. The
audit shall be conducted in a timely and efficient manner.
   (b) On or before January 31, 2007, the FCMAT shall conduct a
comprehensive assessment and prepare a recovery plan, to be delivered
to the Board of Governors of the California Community Colleges and
the Department of Finance, for the Compton Community College District
addressing the five operational areas: financial management,
academic achievement, personnel management, facilities management,
and governance/community relations.
   (c) The FCMAT shall file a written status report at regular
intervals with the appropriate fiscal and policy committees of the
Legislature, the advisory committee to the special trustee, the Board
of Governors of the California Community Colleges, the Director of
Finance, and the  Secretary for Education  
Governor  . The status reports shall include the progress that
the Compton Community College District is making in meeting the
recommendations of the FCMAT comprehensive assessment and addressing
the deficiencies identified by the Accrediting Commission for
Community and Junior Colleges.
   (d) Notwithstanding any other provision of law, an amount of up to
five hundred thousand dollars ($500,000) shall be provided to the
Compton Community College District from any funds budgeted for FCMAT
in Item 6110-107-0001 of Section 2.00 of the annual Budget Act or any
other funds available from prior budget years for FCMAT for the
purpose of funding the audit described in subdivision (a) of this
section.
   SEC. 2.    Section 52272 of the   Education
Code   is repealed.  
   52272.  (a) The Education Technology Professional Development
Program is hereby established to provide teacher training on the use
of technology in the classroom. The professional development training
shall provide teachers with knowledge and skills on how best to
integrate the use of technology into the classroom and curriculum.
   (b) The California State University shall administer the
professional development training component of the program and shall
collaborate with the California Technology Assistance Project, county
offices of education, and other appropriate public and private
organizations in developing and providing this training.
   (c) The Secretary for Education, in collaboration with the
Chancellor of the California State University, shall select a
contractor to conduct an independent evaluation of the effectiveness
of the Education Technology Professional Development Program. Upon
completion, the report shall be submitted to the Governor and the
Legislature by January 1, 2002.
   (d) Funding for the purposes of this section is contingent on an
appropriation made for those purposes in the annual Budget Act.

   SEC. 3.    Section 66026 of the   Education
Code   is amended to read: 
   66026.  Unless otherwise specified, reports submitted to the
Legislature by the University of California, the California State
University, and the Office of the Chancellor of the California
Community Colleges shall be delivered to the Senate and Assembly
budget subcommittees on education, the appropriate Senate and
Assembly higher education policy committees, the Legislative Analyst'
s Office, the Office of the  Secretary of Education 
 Governor  , and the Department of Finance. Unless
otherwise specified, these reports may be submitted in PDF format or
comparable electronic format.
   SECTION 1.   SEC. 4.   Section 66747 of
the Education Code is amended to read:
   66747.  Notwithstanding Chapter 4 (commencing with Section 66201),
the California State University shall guarantee admission with
junior status to any community college student who meets all of the
requirements of Section 66746. Admission to the California State
University, as provided under this article, does not guarantee
admission for specific majors or campuses. Notwithstanding Chapter 4
(commencing with Section 66201), the California State University
shall grant a student priority admission to his or her local
California State University campus and to a program or major that is
similar to his or her community college major or area of emphasis, as
determined by the California State University campus to which the
student is admitted. A student admitted under this article shall
receive priority in enrollment in accordance with 
subdivision (a)  of Section 66202, over all other community
college transfer students, excluding community college students who
have entered into a transfer agreement between a community college
and the California State University prior to the fall term of the
2012-13 academic year. A student admitted pursuant to this article
shall have met the requirements of an approved transfer agreement
consistent with subdivision (a) of Section 66202.
   SEC. 5.    Section 66902.5 of the  
Education Code   is amended to read: 
   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 Secretary for Education   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. 6.    Section 66941 of the   Education
Code   is repealed.  
   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 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, 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. 
   SEC. 2.   SEC. 7.   Section 69511 of the
Education Code is amended to read:
   69511.  (a) Except as provided in subdivision (b), each member of
the commission shall have a four-year term; provided, that members
appointed pursuant to subdivision (d) of Section 69510 shall have
terms of two academic years.
   (b) The term of one member appointed pursuant to subdivision (g)
of Section 69510 and the term of one member appointed pursuant to
subdivision (h) of Section 69510, effective January 1, 1991, shall be
for five years. Each subsequent term for members appointed pursuant
to this subdivision shall be for four years.
   (c) At no time shall both student representatives be enrolled in
the same segment of postsecondary education in California. For
purposes of this subdivision, each postsecondary education program
listed in subdivisions (a), (b), and (c) of Section 69510 is a
segment of postsecondary education in California.
   (d) Appointment to the commission of members appointed pursuant to
subdivisions (a) to (f), inclusive, of Section 69510 shall be made
by the Governor subject to confirmation by the Senate.
   (e) Any vacancy shall be filled by the appointment of a person who
will have the same status as the predecessor of the appointee. The
appointee shall hold office only for the balance of the unexpired
term.
   (f) Each member of the commission shall receive a stipend of one
hundred dollars ($100) for each day in which he or she attends any
meeting of the commission or any meeting of any committee or
subcommittee of the commission, of which committee or subcommittee he
or she is a member, and which committee or subcommittee meeting is
conducted for the purpose of carrying out the powers and duties of
the commission. In addition, each member shall receive his or her
actual and necessary traveling expenses incurred in the course of his
or her duties.
   (g) If an act of Congress establishes a program of scholarships or
grants for undergraduate students and permits administration of the
program within a state by a state agency, the Student Aid Commission,
as established by Section 69510, shall administer the act within the
state if the Governor and the Student Aid Commission, by a majority
vote of its entire membership, determine that the participation by
the state in the federal scholarship or grant program under the act
would not interfere with or jeopardize the continuation of the
scholarship program established under Chapter 1.7 (commencing with
Section 69430) of Part 42 of Division 5 of Title 3 of the Education
Code.
   The commission shall constitute the state commission on federal
scholarships or grants and is hereby empowered to formulate a plan
for development and administration of any such federal scholarship or
grant program within the state.
   Subject to the provisions of this chapter, the commission 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 any act of Congress establishing a
scholarship or grant program and the rules and regulations adopted
thereunder.
   Before adopting a state plan, the Student Aid Commission, acting
as the state commission on federal scholarships or grants, shall hold
public hearings as provided in the California Administrative
Procedure Act.
   SEC. 8.    Section 71093 of the   Education
Code   is amended to read: 
   71093.  Notwithstanding any other provision of law:
   (a) The board of governors may authorize the chancellor to suspend
the authority of the Board of Trustees of the Compton Community
College District, or of any of the members of that board, to exercise
any powers or responsibilities or to take any official actions with
respect to the management of the district, including any of the
district's assets, contracts, expenditures, facilities, funds,
personnel, or property. The board of governors may authorize
suspension for a period up to five years from the effective date of
Assembly Bill 318 of the 2005-06 Regular Session, plus a period
lasting until the chancellor, the Fiscal Crisis and Management
Assistance Team, the Director of Finance, and the  Secretary
for Education   Governor  concur with the special
trustee that the district has, for two consecutive academic years,
met the requirements of the comprehensive assessment conducted, and
the recovery plan prepared, pursuant to Section 41329.59.
   (b) A suspension authorized by this section becomes effective
immediately upon the delivery of a document to the administrative
offices of the Compton Community College District that sets forth the
finding of the chancellor that a suspension pursuant to this section
is necessary for the establishment of fiscal integrity and security
in that district.
   (c) (1) If and when the chancellor suspends the authority of the
Board of Trustees of the Compton Community College District or any of
its members pursuant to this section, the chancellor may appoint a
special trustee as provided in paragraph (3) of subdivision (c) of
Section 84040, at district expense, to manage the district. The
chancellor is authorized to assume, and delegate to the special
trustee, those powers and duties of the Board of Trustees of the
Compton Community College District that the chancellor determines,
with the approval of the board of governors, are necessary for the
management of that district. The Board of Trustees of the Compton
Community College District may not exercise any of the duties or
powers assumed by the chancellor under this section.
   (2) The chancellor may appoint as a special trustee under this
section a person who has served in a similar capacity prior to the
enactment of the act that adds this section. A special trustee
appointed under this section shall serve at the pleasure of the
chancellor.
   (3) Notwithstanding any other provision of law, in order to
facilitate the appointment of the special trustee, the chancellor is
exempt, for the purposes of this section, from the requirements of
Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of
the Military and Veterans Code and Part 2 (commencing with Section
10100)  of Division 2  of the Public Contract Code.
   (d) Notwithstanding any other provision of law, at any time that
this section is in effect, the chancellor is authorized to assume,
and delegate to the special trustee, those powers and duties of the
Compton Community College District Personnel Commission that the
chancellor determines are necessary for the management of the
personnel functions of the Compton Community College District. The
personnel commission may not exercise any of the powers or duties
assumed by the chancellor.
   (e) Notwithstanding any other provision of law, if the special
trustee has been a member of the State Teachers' Retirement System or
the Public Employees' Retirement System at any time prior to
appointment, he or she shall, for the period of service as special
trustee, be a member of the system to which he or she belonged,
unless the special trustee elects, in writing, not to be a member. If
the special trustee chooses to be a member, the special trustee
shall be placed on the payroll of the district, or the payroll of
another local education agency or other entity with which the
district has an exchange agreement pursuant to Section 87422 or other
applicable provisions of law, for the purpose of providing
appropriate contributions to the applicable retirement system.
   (f) The special trustee appointed pursuant to this section is
authorized to do all of the following:
   (1) Implement substantial changes in the fiscal policies and
practices of the Compton Community College District.
   (2) Revise the academic program of the Compton Community College
District to reflect realistic income projections in response to the
dramatic effect of the changes in fiscal policies and practices upon
program quality.
   (3) Encourage all members of the college community to accept a
fair share of the burden of the full recovery of the Compton
Community College District in the five operational areas of finance,
academics, personnel facilities, and governance.
   (4) Enter into agreements on behalf of the Compton Community
College District and, subject to any contractual and statutory
obligation of the Compton Community College District, change any
existing district rules, regulations, policies, or practices as
necessary for the effective implementation of the recovery plan. Any
agreement authorized by this section shall be binding upon the
district for the term of the agreement, notwithstanding the removal
of the special trustee for any reason or the reinstatement of any
powers or responsibilities of the board of trustees. No agreement
authorized by this paragraph shall materially impair the security and
other interests of the holders of any bonds issued pursuant to
Article 9 (commencing with Section 63049.67) of Chapter 2 of Division
1 of Title 6.7 of the Government Code.
   (5) Appoint an advisory committee to advise the special trustee
with respect to the management of the Compton Community College
District and the establishment and implementation of the arrangements
for provision of services by a partner district pursuant to Article
5 (commencing with Section 74292) of Chapter 5 of Part 46. This
advisory committee may include residents of the communities served by
the Compton Community College District, and any outside experts
deemed appropriate by the special trustee. No member of the advisory
committee shall receive any compensation or benefits for his or her
services as a member of the advisory committee.
   (g) In the event of a vacancy in the special trustee position, the
chancellor shall temporarily assume all of the powers and duties of
the special trustee until another special trustee can be appointed
pursuant to this section.
   SEC. 9.    Section 81706 of the   Education
Code   is repealed.  
   81706.  The Board of Governors of the California Community
Colleges, in consultation with the Secretary for Education, the
Department of General Services, the Energy Resources, Conservation
and Development Commission, Seismic Safety Commission, community
college district representatives, and industry representatives,
develop guidelines for design-build projects. The guidelines shall be
developed no later than June 30, 2003. 
   SEC. 10.    Section 87884 of the   Education
Code   is amended to read: 
   87884.  (a) The governing board of each community college district
that establishes a program pursuant to this article shall negotiate
with the exclusive bargaining representative, or in instances where
there is no bargaining unit shall meet and confer with the faculty,
to establish a program to provide part-time faculty office hours.
   (b) Any hours negotiated under this program shall not be applied
toward the  60-percent requirement   maximum
percentage-of-   hours limitation for part-time faculty
 as specified in Section 87882. These hours shall not be counted
towards the hours per week of teaching adult or community college
classes for purposes of acquiring eligibility for tenure or for
purposes of fulfilling any probationary hour requirements.
   (c) On or before June 1 of each year, each community college
district participating in the program shall send a verification to
the Chancellor of the California Community Colleges specifying the
total costs of the compensation paid for office hours of part-time
faculty participating in the program.
   (d) Any changes made by this section to the Community College
Part-time Faculty Office Hours Program shall not affect any part-time
faculty office hours program in effect on January 1, 2000.
   SEC. 3.  SEC. 11.   Section 4709 of the
Labor Code is amended to read:
   4709.  (a) Notwithstanding any other provisions of law, a
dependent of a peace officer, as defined in Section 830.1, 830.2,
830.3, 830.31, 830.32, 830.33, 830.34, 830.35, 830.36, 830.37,
830.38, 830.39, 830.4, 830.5, or 830.6 of the Penal Code, who is
killed in the performance of duty or who dies or is totally disabled
as a result of an accident or an injury caused by external violence
or physical force, incurred in the performance of duty, when the
death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100) shall be entitled to a
scholarship at any qualifying institution described in subdivision
(l) of Section 69432.7 of the Education Code. The scholarship shall
be in an amount equal to the amount provided a student who has been
awarded a Cal Grant scholarship as specified in Chapter 1.7
(commencing with Section 69430) of Part 42 of Division 5 of Title 3
of the Education Code.
   (b) A dependent of an officer or employee of the Department of
Corrections or the Department of the Youth Authority described in
Section 20403 of the Government Code who is killed in the performance
of duty, or who dies or is totally disabled as a result of an
accident or an injury incurred in the performance of duty, when the
death, accident, or injury is caused by the direct action of an
inmate, and is compensable under this division or Division 4.5
(commencing with Section 6100), shall also be entitled to a
scholarship specified in this section.
   (c) Notwithstanding any other provisions of law, a dependent of a
firefighter employed by a county, city, city and county, district, or
other political subdivision of the state, who is killed in the
performance of duty or who dies or is totally disabled as a result of
an accident or injury incurred in the performance of duty, when the
death, accident, or injury is compensable under this division or
Division 4.5 (commencing with Section 6100), shall also be entitled
to a scholarship specified in this section.
   (d) Nothing in this section shall be interpreted to allow the
admittance of the dependent into a college or university unless the
dependent is otherwise qualified to gain admittance to the college or
university.
   (e) The scholarship provided for by this section shall be paid out
of funds annually appropriated in the Budget Act to the Student Aid
Commission established by Article 2 (commencing with Section 69510)
of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education
Code.
   (f) The receipt of a scholarship provided for by this section
shall not preclude a dependent from receiving a Cal Grant award
pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 of
Division 5 of Title 3 of the Education Code, any other grant, or any
fee waivers that may be provided by an institution of higher
education. The receipt of a Cal Grant award pursuant to Chapter 1.7
(commencing with Section 69430) of Part 42 of Division 5 of Title 3
of the Education Code, any other grant, or any fee waivers that may
be provided by an institution of higher education shall not preclude
a dependent from receiving a scholarship provided for by this
section.
   (g) As used in this section, "dependent" means the children
(natural or adopted) or spouse, at the time of the death or injury,
of the peace officer, law enforcement officer, or firefighter.
   (h) Eligibility for a scholarship under this section shall be
limited to a person who demonstrates financial need as determined by
the Student Aid Commission pursuant to Article 1.5 (commencing with
Section 69503) of Chapter 2 of Part 42 of Division 5 of Title 3 of
the Education Code. For purposes of determining financial need, the
proceeds of death benefits received by the dependent, including, but
not limited to, a continuation of income received from the Public
Employees' Retirement System, the proceeds from the federal Public
Safety Officers' Benefits Act, life insurance policies, proceeds from
Sections 4702 and 4703.5, any private scholarship where receipt is
predicated upon the recipient being the survivor of a deceased public
safety officer, the scholarship awarded pursuant to Section 68120 of
the Education Code, and any interest received from these benefits,
shall not be considered.