BILL NUMBER: SB 940 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY AUGUST 22, 2011
AMENDED IN ASSEMBLY AUGUST 18, 2011
AMENDED IN ASSEMBLY JUNE 14, 2011
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 41329.59, 66026, 66747, 66902.5, 69511,
69984, 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 education.
LEGISLATIVE COUNSEL'S DIGEST
SB 940, Committee on Education. 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.
(5) Existing law establishes the Scholarshare Investment Board to
administer the Golden State Scholarshare College Savings Trust to
provide financial aid for postsecondary education costs of
participating students. The board is composed of specified members,
including the Secretary for Education.
This bill would replace the Secretary for Education with the
executive director of the State Board of Education as a member of the
board.
(6) 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, and that, within each of
the enrollment categories, groups of applicants receive priority
consideration in admissions practice in a specified numeric order.
This bill would require that transfer students admitted to the
California State University pursuant to the act receive priority for
purposes of enrollment planning and admissions, if the students have
met the requirements of an approved transfer agreement consistent
with this priority.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
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 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.
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 Governor, and the Department of Finance.
Unless otherwise specified, these reports may be submitted in PDF
format or comparable electronic format.
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 over all other community college transfer students,
in accordance with subdivision (b) of Section 66202, 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
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.
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.
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 69984 of the Education Code is amended to read:
69984. (a) (1) The board shall segregate moneys received by the
Scholarshare trust into two funds, which shall be identified as the
program fund and the administrative fund. Notwithstanding Section
13340 of the Government Code, the program fund is hereby continuously
appropriated, without regard to fiscal years, to the board for the
purposes of this article. Funds in the administrative fund shall be
available for expenditure, upon appropriation, for the purposes
specified in this article.
(2) (A) The board shall separately account for any moneys received
by an entity exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code or a state or local government agency,
depositing the money for the benefit of a beneficiary to be named
later pursuant to the operation of a bona fide scholarship program.
(B) There is hereby created the Scholarshare Investment Board,
that consists of the Treasurer, the Director of Finance, the
executive director of the State Board of Education, a member of the
Student Aid Commission appointed by the Governor, a member of the
public appointed by the Governor, a representative from a California
public institution of higher education appointed by the Senate
Committee on Rules, and a representative from a California
independent college or university or a state-approved college,
university, or vocational/technical school appointed by the Speaker
of the Assembly. The Treasurer shall serve as chair of the board. The
board shall annually prepare and adopt a written statement of
investment policy. The board shall consider the statement of
investment policy and any changes in the investment policy at a
public hearing. The board shall approve the investment management
entity or entities consistent with subparagraph (D).
(C) Not later than 30 days after the close of each month, the
investment manager shall place on file for public inspection during
business hours a report with respect to investment performance. The
investment manager shall report the following information, to the
extent applicable, to the board within 30 days following the end of
each month:
(i) The type of investment, name of the issuer, date of maturity,
par and dollar amount invested in each security, investment, and
money within the program fund.
(ii) The weighted average maturity of the investments within the
program fund.
(iii) Any amounts in the program fund that are under the
management of an investment manager.
(iv) The market value as of the date of the report and the source
of this valuation for any security within the program fund.
(v) A description of the compliance with the statement of
investment policy.
(D) Moneys in the program fund may be invested or reinvested by
the Treasurer or may be invested in whole or in part under contract
with an investment manager, as determined by the board.
(b) Transfers may be made from the program fund to the
administrative fund for the purpose of paying operating costs
associated with administering the Scholarshare trust and as required
by this article. On an annual basis, expenditures from the
administrative fund shall not exceed more than 1 percent of the total
program fund. All costs of administration of the Scholarshare trust
shall be paid out of the administrative fund.
(c) All moneys paid by participants in connection with
participation agreements shall be deposited as received into the
program fund, and shall be promptly invested and accounted for
separately. Deposits and interest thereon accumulated on behalf of
participants in the program fund of the Scholarshare trust may be
used for payments to any institution of higher education.
SEC. 9. 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 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. 10. Section 81706 of the Education Code is repealed.
SEC. 11. 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 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. 12. 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.