System Participatory Governance

STUDENT SENATE FOR CALIFORNIA COMMUNITY COLLEGES

CALIFORNIA EDUCATION CODE §76060.5

(a) If a student body association has been established at a community college as authorized by Section 76060, the governing body of the association may order that an election be held for the purpose of establishing a student representation fee of two dollars ($2) per semester. The election shall be held in compliance with regulations of the Board of Governors of the California Community Colleges and shall be open to all regularly enrolled students of the community college. The affirmative vote of a majority of the students voting in the election shall be sufficient to establish the fee. However, the election shall not be sufficient to establish the fee unless the number of students who vote in the election equals or exceeds the average of the number of students who voted in the previous three student body association elections.

(b) The student representation fee authorized by this section shall be collected by the officials of the community college, together with all other fees, at the time of registration or before registration and shall be deposited in a separate fiduciary fund established per the California Community Colleges Budget and Accounting Manual for student representation fees. The money collected pursuant to this section shall be expended to provide support for governmental affairs representatives of local or statewide student body organizations who may be stating their positions and viewpoints before city, county, and district governments, and before offices and agencies of state government.

(c) (1) One dollar ($1) of every two-dollar ($2) fee collected shall be expended to establish and support the operations of a statewide community college student organization, recognized by the Board of Governors of the California Community Colleges, with effective student representation and participation in state-level community college shared governance and with governmental affairs representatives to advocate before the Legislature and other state and local governmental entities. This subdivision shall only apply to student representation fees adopted on or after January 1, 2014.

(2) The underlying goals of a statewide community college student organization shall include, but are not limited to, all of the following:

(A) Establishing a sustainable foundation for statewide community college student representation and advocacy.

(B) Promoting institutional and organizational memory.

(C) Ensuring and maintaining responsible community college student organizational oversight and decisionmaking.

(D) Strengthening regional approaches for community college student representation and coordination.

(E) Promoting and enhancing student opportunities for engagement in community college student issues and affairs.

(F) Providing for open and public transparency and accountability.

(d) Fees collected pursuant to subdivision (c) shall be annually distributed to the Board of Governors before February 1. The Board of Governors shall have custody of the moneys and shall, each year by April 15, distribute the moneys to the recognized statewide community college student organization if the recognized statewide community college student organization satisfies all of the following:

(1) Is established as a legal entity registered with the Secretary of State.

(2) Demonstrates compliance with all applicable state and federal laws and reporting requirements.

(3) Exercises prudent fiscal management by establishing generally accepted accounting controls and procedures.

(4) (A) Commencing after the first year it receives funding pursuant to this subdivision, completes an annual independent financial audit, the results of which shall be annually provided to the Board of Governors for review.

(B) (i) Except as provided in clause (ii) and after the first year funding is received, it shall be a condition for funding pursuant to this subdivision that the results of the annual audit identify no significant audit findings.

(ii) In no event shall funds be withheld from the statewide community college student organization unless the statewide community college student organization fails to address and correct any identified exceptions, concerns, errors, or deficiencies contained in the annual audit after being given a reasonable opportunity to do so.

(5) Meets the obligations and addresses the goals described in subdivision (c).

(e) Meetings of the recognized statewide community college student organization shall be open to the public and shall comply with the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

(f) Notwithstanding subdivision (c), a student body association that adopted a student representation fee before January 1, 2014, shall retain the authority to continue to receive the one-dollar ($1) fee as authorized pursuant to this section as it read before January 1, 2014. The student body association may conduct an election pursuant to subdivision (a) to adopt a revised student representation fee. If an election conducted pursuant to subdivision (a) establishes the revised student representation fee, then one dollar ($1) of every two-dollar ($2) fee collected shall be expended as described in subdivision (c).

(g) (1) The chief fiscal officer of the community college shall have custody of the money collected pursuant to this section, except as provided in subdivision (d), and the money shall be disbursed for the purposes described in subdivision (b) upon the order of the governing body of the student body association.

(2) The community college district shall annually prepare a summary of all revenue collected from the student representation fee and the expenditures of the proceeds of the student representation fee. The summary shall include the amount distributed to the Board of Governors of the California Community Colleges each year. The summary shall be presented at the community college district board meeting each year and posted to the community college district Internet Web site.

(3) The community college district may retain a portion of the fees collected and deposited pursuant to this section that is equal to the actual cost of administering these fees up to, but not more than, 7 percent.

(h) The student representation fee authorized by this section may be terminated by a majority vote of the students voting in an election held for that purpose. The election shall be called and held in compliance with regulations of the Board of Governors of the California Community Colleges and shall be open to all regularly enrolled students of the community college.

(i) A student may, for religious, political, financial, or moral reasons, refuse to pay the student representation fee established under this section. The refusal shall be submitted in writing to the community college officials at the time the student pays other fees collected by the community college officials. The refusal shall be submitted on the same form that is used for collection of fees as provided by the community college, which, as determined by the community college, shall be as nearly as practical in the same form as a model form prescribed by regulations of the Board of Governors of the California Community Colleges.

CALIFORNIA EDUCATION CODE §70901

(a) The Board of Governors of the California Community Colleges shall provide leadership and direction in the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state. The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges.

(b) Subject to, and in furtherance of, subdivision (a), and in consultation with community college districts and other interested parties as specified in subdivision (e), the board of governors shall provide general supervision over community college districts, and shall, in furtherance of those purposes, perform the following functions:

(1) Establish minimum standards as required by law, including, but not limited to, the following:

(A) Minimum standards to govern student academic standards relating to graduation requirements and probation, dismissal, and readmission policies.

(B) Minimum standards for the employment of academic and administrative staff in community colleges.

(C) Minimum standards for the formation of community colleges and districts.

(D) Minimum standards for credit and noncredit classes.

(E) Minimum standards governing procedures established by governing boards of community college districts to ensure faculty, staff, and students the right to participate effectively in district and college governance, and the opportunity to express their opinions at the campus level and to ensure that these opinions are given every reasonable consideration, and the right of academic senates to assume primary responsibility for making recommendations in the areas of curriculum and academic standards.

(2) Evaluate and issue annual reports on the fiscal and educational effectiveness of community college districts according to outcome measures cooperatively developed with those districts, and provide assistance when districts encounter severe management difficulties.

(3) Conduct necessary systemwide research on community colleges, and provide appropriate information services, including, but not limited to, definitions for the purpose of uniform reporting, collection, compilation, and analysis of data for effective planning and coordination, and dissemination of information.

(4) (A) Provide representation, advocacy, and accountability for the California Community Colleges before state and national legislative and executive agencies.

(B) In order to wholly engage in the recognition review process of an accrediting agency pursuant to subdivision (c) of Section 72208, conduct a survey of the community colleges, including consultation with representatives of both faculty and classified personnel, to develop a report to be transmitted to the United States Department of Education and the National Advisory Committee on Institutional Quality and Integrity that reflects a systemwide evaluation of the regional accrediting agency based on the criteria used to determine an accreditor’s status.

(5) (A) Administer state support programs, both operational and capital outlay, and those federally supported programs for which the board of governors has responsibility pursuant to state or federal law. In so doing, the board of governors shall do the following:

(i) (I) Annually prepare and adopt a proposed budget for the California Community Colleges. The proposed budget shall, at a minimum, identify the total revenue needs for serving educational needs within the mission, the amount to be expended for the state general apportionment, the amounts requested for various categorical programs established by law, the amounts requested for new programs and budget improvements, and the amount requested for systemwide administration.

(II) The proposed budget for the California Community Colleges shall be submitted to the Department of Finance in accordance with established timelines for development of the annual Budget Bill.

(ii) To the extent authorized by law, establish the method for determining and allocating the state general apportionment.

(iii) Establish space and utilization standards for facility planning in order to determine eligibility for state funds for construction purposes.

(B) The board of governors may enter into a direct contract with the Academic Senate for the California Community Colleges for the purpose of supporting statewide initiatives, projects, and programs within the purview of the Academic Senate for the California Community Colleges. If the board of governors elects to enter into a direct contract with the Academic Senate for the California Community Colleges, the contract shall specify the objectives and the expected outcomes of the contract.

(6) (A) Establish minimum conditions entitling districts to receive state aid for support of community colleges. In so doing, the board of governors shall establish and carry out a periodic review of each community college district to determine whether it has met the minimum conditions prescribed by the board of governors.

(B) In determining whether a community college district satisfies the minimum conditions established pursuant to this section, the board of governors shall review the regional accreditation status of the community colleges within that district.

(7) Coordinate and encourage interdistrict, regional, and statewide development of community college programs, facilities, and services.

(8) Facilitate articulation with other segments of higher education with secondary education.

(9) Review and approve comprehensive plans for each community college district. The plans shall be submitted to the board of governors by the governing board of each community college district.

(10) Review and approve all educational programs offered by community college districts and all courses that are not offered as part of an educational program approved by the board of governors.

(11) Exercise general supervision over the formation of new community college districts and the reorganization of existing community college districts, including the approval or disapproval of plans therefor.

(12) Notwithstanding any other provision of law, be solely responsible for establishing, maintaining, revising, and updating, as necessary, the uniform budgeting and accounting structures and procedures for the California Community Colleges.

(13) Establish policies regarding interdistrict attendance of students.

(14) Advise and assist governing boards of community college districts on the implementation and interpretation of state and federal laws affecting community colleges.

(15) Contract for the procurement of goods and services, as necessary.

(16) Carry out other functions as expressly provided by law.

(c) Subject to, and in furtherance of, subdivision (a), the board of governors shall have full authority to adopt rules and regulations necessary and proper to execute the functions specified in this section as well as other functions that the board of governors is expressly authorized by statute to regulate.

(d) Wherever in this section or any other statute a power is vested in the board of governors, the board of governors, by a majority vote, may adopt a rule delegating that power to the chancellor, or any officer, employee, or committee of the California Community Colleges, or community college district, as the board of governors may designate. However, the board of governors shall not delegate any power that is expressly made nondelegable by statute. Any rule delegating power shall prescribe the limits of delegation.

(e) In performing the functions specified in this section, the board of governors shall establish and carry out a process for consultation with institutional representatives of community college districts so as to ensure their participation in the development and review of policy proposals. The consultation process shall also afford community college organizations, as well as interested individuals and parties, an opportunity to review and comment on proposed policy before it is adopted by the board of governors.

PROCEDURES AND STANDING ORDERS OF THE BOARD OF GOVERNORS §333 STUDENT SENATE

(a) Pursuant to established Board policy on the participation of students in governance, and in order that the students of the California Community Colleges may have a formal and effective procedure for participating in the formation of systemwide policy adopted by the Board of Governors, a Student Senate has been established through ratification by local student body governments. (b) The Board of Governors recognizes the Student Senate as the representative of community college students in conjunction with the associated student organizations in the Consultation Process and before the Board of Governors and Chancellor’s Office. (c) The Chancellor and designated staff are authorized to take those actions needed to ensure the integrity of the Student Senate, including but not limited to, ensuring all eligibility requirements are met and establishing and enforcing minimum standards of student conduct.

CALIFORNIA COMMUNITY COLLEGES CHANCELLOR'S EXECUTIVE ORDERS

1. The Consultation Council.

The Consultation Council shall consist of the Chancellor of the California Community Colleges and the following membership:

Institutional Representatives

2 chief executive officers of community college districts, who shall be selected by the Chief Executive Officers of the California Community Colleges

2 community college faculty members, who shall be selected by The Academic Senate

2 students, who shall be selected by the Student Senate

1 chief business officer, who shall be selected by the Association of Chief Business Officers

1 chief student services officer, who shall be selected by the California Community Colleges Chief Student Services Administrators Association

1 chief instructional officer, who shall be selected by the Chief Instructional Officers of the California Community Colleges

1 chief human resources officer, who shall be selected by Chief Human Resources Officer/Affirmative Action Officer

Organizational Representatives

1 representative of the Association of California Community College Administrators

1 representative of the California Student Association of Community Colleges

1 representative of the Community Colleges Association/California Teachers Association

1 representative of the California Community Colleges/California Federation of Teachers

1 representative of the California Community Colleges Independents

1 representative of the Community College League of California

1 representative of the California School Employees Association

1 representative of the Faculty Association of California Community Colleges

To further inform and facilitate discussion, the Chancellor may invite other organizations, individuals, and staff to participate in selected discussions of the Council.

2. Introducing Items into Consultation.

Whenever the Chancellor or any institutional or organizational member of the Consultation Council proposes that the Chancellor or the Board of Governors address an issue, it should be brought forward to the Consultation Council in the form of a "Consultation Digest" which clearly and succinctly defines the issue or problem to be addressed, provides a brief background on the issue, and describes the various alternative approaches to addressing the issue. Consultation Digests are to be in writing. By first addressing Consultation Digests instead of fully-developed legislative, regulatory, or other proposals, the focus will be on: whether the issue is one which requires attention, how the issue should be defined and addressed, and what the best forum is for developing a draft solution to be further considered in Consultation.

3. Responsibilities of Organizations with Members on the Consultation Council.

Organizations who appoint institutional or organizational representatives to the Consultation Council shall establish and maintain procedures: for communicating with their constituencies, for securing the input and views of their constituencies, and for representing the views of their constituencies.

4. Roles of Organizations and Parties Other Than Those on The Consultation Council.

Organizations and parties other than those on the Consultation Council can propose items to be considered in Consultation. The preferred approach is to work with a member organization to develop a proposal that can be sponsored by the member organization. In addition, organizations and parties outside of the Consultation structure can comment to the Chancellor and/or the Board of Governors on any item that is being considered in Consultation. When regulations are involved, these organizations and parties have a legal right to make such comments, and the Chancellor and the Board of Governors are required by law to consider such comments.

5. Roles of the Chancellor and Chancellor's Staff.

(a) The Chancellor will promote efforts to obtain jointly-developed recommendations arrived at through Consultation. While substantial deference will be afforded to jointly-developed recommendations, the Chancellor reserves the right to make a different recommendation to the Board of Governors. Also, in the event that, despite good faith efforts, consensus has not been reached through Consultation, and there is a need to act, the Chancellor reserves the right to take a recommendation to the Board of Governors. In either instance, it will be the practice of the Chancellor, before taking a recommendation to the Board, to discuss with the Consultation Council his or her concerns with any problematic recommendations and his or her reasons for recommending a different action.

(b) Chancellor's staff, as the agents of the Chancellor in the Consultation Process, also have the obligation to promote efforts to obtain jointly-developed recommendations arrived at through Consultation. Chancellor's staff shall serve as a resource to organizations that appoint the institutional representatives of the Consultation Council. Responsibilities of the Chancellor's staff shall include attending and participating in meetings of the executive bodies of such organizations, serving as a resource on information about policies being developed in Consultation, and, upon request, assisting with the development of the meeting agenda for such organizations.

6. Meetings of the Consultation Council.

(a) Agendas: The meeting agenda for the Consultation Council will be prepared and distributed to council members at least ten days in advance. The Chancellor, using mechanisms designed to solicit input from council members, will determine the agenda for the meeting.

(b) Schedule of Meetings: The Chancellor shall recommend a schedule of meetings for the Consultation Council.

(c) Open Meetings: Meetings of the Consultation Council are open to all interested persons or organizations who wish to observe the discussions and deliberations.

(d) Expressing Advice: As a general rule, when the Council formulates its overall advice to the Chancellor the advice should represent the consensus of all or most members of the Council. When consensus has not been reached as to the advice to be given, this fact should be noted, and other methods of indicating agreement with the advice (including majority vote) may be used.

(e) Summary of Meeting: Within ten days after a meeting of the Consultation Council, the Chancellor's Office shall provide a summary of the meeting. The summary will indicate the disposition of the various items considered by the council, including the advice provided to the Chancellor.

7. Training for Participants.

Members of the Consultation Council and the executive boards of the organizations who appoint institutional representatives to the Consultation Council shall annually be provided training regarding the Consultation Process. The training shall include, but not be limited to, the purposes and mechanics of the process, and methods for resolving disputes and achieving consensus.

8. Distribution of Consultation Materials.

(a) General Availability: Any person or organization not otherwise provided Consultation materials at the Chancellor's Office expense may subscribe to such materials. In addition, Consultation materials will be made available electronically for those wishing to access such materials.

(b) Board of Governors: The Board of Governors will be provided all Consultation Digests, agendas for the Consultation Council, and summaries of meetings of the Consultation Council.

(c) Presidents, Boards of Trustees: Presidents of local boards will be provided all Consultation Digests, agendas, and summaries of meetings of the Consultation Council.

(d) Chief Executive Officers: District and College chief executive officers will receive all Consultation Digests, agendas, and summaries of meetings for the Consultation Council.

(e) Members of the Consultation Council: Members of the Consultation Council will receive all Consultation Digests, agendas, and summaries of meetings of the Consultation Council.

ASSOCIATED STUDENT ORGANIZATIONS

CALIFORNIA EDUCATION CODE §76060

The governing board of a community college district may authorize the students of a college to organize a student body association. The association shall encourage students to participate in the governance of the college and may conduct any activities, including fundraising activities, as may be approved by the appropriate college officials. The association may be granted the use of community college premises and properties without charge, subject to any regulations that may be established by the governing board of the community college district.

CALIFORNIA EDUCATION CODE §72023.5

(a) (1) The governing board of each community college district shall order the inclusion within the membership of the governing board, in addition to the number of members otherwise prescribed, of one or more nonvoting students. These students shall have the right to attend each and all meetings of the governing board, except that student members shall not have the right, or be afforded the opportunity, to attend executive sessions of the governing board.

(2) The students selected to serve on the governing board, shall be enrolled in a community college of the district and shall be chosen, and shall be recalled, by the students enrolled in the community colleges of the district in accordance with procedures prescribed by the governing board. If the seat of a student member becomes vacant during his or her term, the governing board may authorize the officers of student body associations established pursuant to Section 76060 at each community college in the district to appoint a student to serve the remainder of the term in accordance with procedures established by the governing board. A student member shall be required throughout the term of his or her appointment to be enrolled in a community college of the district for at least five semester units, or its equivalent, and shall meet and maintain the minimum standards of scholarship for community college students prescribed by the community college district. The term of the student members shall be one year commencing on June 1 of each year.

(3) The nonvoting student members appointed pursuant to this section shall be entitled to mileage allowance to the same extent as regular members, but are not entitled to the compensation prescribed by Section 72024.

(4) A nonvoting student member shall be seated with the members of the governing board and shall be recognized as a full member of the board at the meetings, including receiving all materials presented to the board members and participating in the questioning of witnesses and the discussion of issues.

(5) A nonvoting student member shall not be included in determining the vote required to carry any measure before the board.

(6) A nonvoting student member shall not be liable for any acts of the governing board.

(b) Notwithstanding subdivision (a), the nonvoting student member or members selected to serve on the governing board of a community college district pursuant to subdivision (a) may do any of the following:

(1) Make and second motions at the discretion of the governing board.

(2) Attend closed sessions, other than closed sessions on personnel matters or collective bargaining matters, at the discretion of the governing board.

(3) Receive compensation, at the discretion of the governing board, up to the amount prescribed by Section 72024.

(4) Serve a term of one year commencing on May 15 of each year, at the discretion of the governing board.

(c) It is the intent of the Legislature that any decision or action, including any contract entered into pursuant thereto, upon the motion or second of a motion of a student member, shall be fully legal and enforceable against the district or any party thereto.

(d) The governing board of each community college district that affords the student member or members of the board any of the privileges enumerated in subdivision (b) shall, by May 15 of each year, adopt rules and regulations implementing this section. These rules and regulations shall be effective until May 15 of the following year.

CALIFORNIA CODE OF REGULATIONS §51023.7

(a) The governing board of a community college district shall adopt policies and procedures that provide students the opportunity to participate effectively in district and college governance. Among other matters, said policies and procedures shall include the following:

(1) Students shall be provided an opportunity to participate in formulation and development of district and college policies and procedures that have or will have a significant effect on students. This right includes the opportunity to participate in processes for jointly developing recommendations to the governing board regarding such policies and procedures.

(2) Except in unforeseeable, emergency situations, the governing board shall not take action on a matter having a significant effect on students until it has provided students with an opportunity to participate in the formulation of the policy or procedure or the joint development of recommendations regarding the action.

(3) Governing board procedures shall ensure that at the district and college levels, recommendations and positions developed by students are given every reasonable consideration.

(4) For the purpose of this Section, the governing board shall recognize each associated student organization or its equivalent within the district as provided by Education Code Section 76060, as the representative body of the students to offer opinions and to make recommendations to the administration of a college and to the governing board of a district with regard to district and college policies and procedures that have or will have a significant effect on students. The selection of student representatives to serve on college or district committees, task forces, or other governance groups shall be made, after consultation with designated parties, by the appropriate officially recognized associated student organization(s) within the district.

(b) For the purposes of this Section, district and college policies and procedures that have or will have a “significant effect on students” includes the following:

(1) grading policies;

(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 policies regarding student preparation and success;

(8) student services planning and development;

(9) student fees within the authority of the district to adopt; and

(10) any other district and college policy, procedure, or related matter that the district governing board determines will have a significant effect on students.

(c) The governing board shall give reasonable consideration to recommendations and positions developed by students regarding district and college policies and procedures pertaining to the hiring and evaluation of faculty, administration,and staff.

(d) Nothing in this Section shall be construed to impinge upon the due process rights of faculty, nor to detract from any negotiations or negotiated agreements between collective bargaining agents and district governing boards. It is the intent of the Board of Governors to respect agreements between academic senates and collective bargaining agents as to how they will consult, collaborate, share or delegate among themselves the responsibilities that are or may be delegated to academic senates pursuant to the regulations on academic senates contained in Sections 53200-53206.

(e) The governing board of a community college district shall comply substantially with policies and procedures adopted in accordance with this Section.