Basis for Effective Senates Academic Senate for California Community Colleges Basis for Effective Senates Michelle Pilati and Shaaron Vogel Michelle read slide – and then Shaaron adds in linking this to total health. How do we get holistically healthy? Academic Senate for California Community Colleges Leadership Institute 2007

What are the essential nutrients? Title 5 Regulations Education Code Michelle will do intro through slide 6 Ask for a show of hands – first time leadership attendees Clarify how the presentation will work Academic Senate for California Community Colleges Leadership Institute 2007

Title 5 and Education Code Provide senates with their “power” 3 “levels” – 1. Ed Code 2. Title 5 3. Guidelines Actually three levels: ed code, regulation, guidelines (curriculum handbook, DE, accessibility). Guidelines established by SO – working collaboratively with us. We need to be sure to keep informed. Note new curriculum handbook coming – and DE guidelines being revised. Academic Senate for California Community Colleges Leadership Institute 2007

California Education Code Laws resulting from legislation Requires legislation to be changed Always supercedes Title 5 regulation Governance was amended by AB 1725 in 1988 AB 1725 not a separate entity; incorporated into Ed Code; intent language – not all made it into code, but intent language can help in understanding purpose. Academic Senate for California Community Colleges Leadership Institute 2007

Legal Basis vs Real Life IT IS THE LAW but IT IS UP TO YOU How you use your knowledge of regulation and code to take responsibility; 2005 appellate court decision affirms that local academic senates have legal standing – applies to all Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 California Code of Regulations Derived by the Board of Governors from the California Education Code Division 6 - applies to California Community Colleges Is regulation with the force of law Title 5 can be changed by the Board of Governors; e.g. math/English requirements – began with the Academic Senate, then through Consultation Council, then to the Board of Governors Academic Senate for California Community Colleges Leadership Institute 2007

Education Code §70902 (b)(7) “The Governing Board shall … ensure … the right of academic senates to assume primary responsibility for making recommendation in the areas of curriculum and academic standards.” Shaaron (through slide 10): For local senates; corresponding section in 70901 for state senate Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 § 53203 - Powers (A) Governing Board shall adopt policies delegating authority and responsibility to its Academic Senate. (B) Policies in (A) shall be adopted through collegial consultation with the Academic Senate. (C) Guarantees the Academic Senate the right to meet with or appear before the board. Shaaron: We have traditionally claimed in our presentation that local senates have the right to place an item on the local board agenda. It doesn't specifically say that any place in code or regulation. SB 55 tried to change Ed Code. Section 72121.5 talks about the intent of the legislature that members of the public be able to place items on the agenda. Originally Lowenthal tried to get specific language about senates and votes of no confidence. Now the bill just spells out that community college organizations are included in the definition of members of the public. Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 § 53200 - Definitions (B) Academic Senate means an organization whose primary function is to make recommendations with respect to academic and professional matters. (C) Academic and Professional matters means the following policy development and implementation matters: Shaaron: Defined in Title 5 but not Education Code; note that the 2005 appellate court decision recognized local senates as having legal standing Academic Senate for California Community Colleges Leadership Institute 2007

The “10 +1” Curriculum, including establishing prerequisites Section 53200 (c) Curriculum, including establishing prerequisites Degree & Certificate Requirements Grading Policies Both: Curriculum: DE, credit for ESL, SLOs, driven by faculty – administrators should not be initiating curriculum; Degree Reqs: English and Math, Info Comp, GE; Grading: +/-, W date; Ed Programs: Emphases, e.g. Bio Tech; Student Success: matriculation, assessment, pre-requisites, tutoring – can be interpreted narrowly or broadly; Governance Structures: reorganization issues Academic Senate for California Community Colleges Leadership Institute 2007

The “10 +1” Educational Program Development Section 53200 (c) Educational Program Development Standards & Policies regarding Student Preparation and Success College governance structures, as related to faculty roles Ed Programs: Emphases, e.g. Bio Tech; Student Success: matriculation, assessment, pre-requisites, tutoring – can be interpreted narrowly or broadly; Governance Structures: reorganization issues Academic Senate for California Community Colleges Leadership Institute 2007

The “10 +1” Faculty roles and involvement in accreditation process Section 53200 (c) Faculty roles and involvement in accreditation process Policies for faculty professional development activities Both: Professional Development: faculty vs. staff development – distinction, use of flex days; Program Review – not the same as program discontinuance, but need to pay attention to both; Planning and Budget – process – need to write yourself in Academic Senate for California Community Colleges Leadership Institute 2007

The “10 +1” Processes for program review Section 53200 (c) Processes for program review Processes for institutional planning and budget development Program Review – not the same as program discontinuance, but need to pay attention to both; Planning and Budget – process – need to write yourself in Academic Senate for California Community Colleges Leadership Institute 2007

The “plus 1” Section 53200 (c) Other academic and professional matters as mutually agreed upon. Both: Faculty office reorganization; reorganization; classroom usage; marketing plan; efforts of the college foundation Academic Senate for California Community Colleges Leadership Institute 2007

Collegial Consultation Section 53200 (d) District Governing Board is required to consult collegially with the Academic Senate and develop policies on academic and professional matters through either or both: 1. Rely primarily upon the advice and judgment of the Academic Senate 2. Reach mutual agreement with the Academic Senate by written resolution, regulation, or policy Shaaron (through 18) – differentiate between the different consultation styles Academic Senate for California Community Colleges Leadership Institute 2007

Collegial Consultation - Definitions Section 53200 (d) (D) Requires procedures for responding to Academic Senate recommendations that include: 1. When rely primarily, the recommendation of the Academic Senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will they not be accepted. 2. When mutual agreement and an agreement has not been reached: Existing policy remains in effect except in cases of legal liability or fiscal hardship Board may act - after a good faith effort - only for compelling legal, fiscal, or organizational reasons. Shaaron: Mention wallet copies of your consultation policy; weasel language; public shame; have board document when they don’t accept advice (see next slide); “rely primarily” is generally perceived to be stronger – the senate takes the lead on these issues; “mutual agreement” – either side may take the lead on an issue and then work towards an agreement Academic Senate for California Community Colleges Leadership Institute 2007

Compelling Reasons These terms mean that … in instances where a recommendation is not accepted the reasons for the board’s decision must be in writing and based on a clear and substantive rationale which puts the explanation for the decision in an accurate, appropriate, and relevant context. --Participating Effectively in District and College Governance Shaaron: Developed jointly by California Community College Trustees, Chief Executive Officers of the California Community Colleges, and the Academic Senate – p4, question 12; check other sources – somewhere mentions a 30-day limit Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 § 53203 – More Powers (E) Academic Senate may assume responsibilities and perform functions as may be delegated by the Governing Board (F) Appointment of faculty members to college committees shall be made by the Academic Senate - requires consultation with CEO or designee Shaaron: Committee appointments for academic and professional matters; bargaining agent has separately authority to appoint to bargaining/working condition-related committees; parking (union); WSCH/FTE (joint); compressed calendar (joint) Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 §51023.7 (a) - Students The governing board shall adopt policies procedures that provide students the opportunity to participate effectively in district and college governance. grading policies codes of student conduct academic disciplinary policies curriculum development Michelle (19 - 21): In light of re-formation of Student Senate, thought it useful to include the powers granted to students under Title 5 Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 §51023.7 (a) - Students course/program initiation or elimination processes for institutional planning and budget development standards and policies regarding student preparation and success Michelle Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 §51023.7 (a) - Students student services planning and development student fees any other district or college policy… that will have a significant effect on students Michelle Academic Senate for California Community Colleges Leadership Institute 2007

TITLE 5 §51023.5 (a) – Classified Staff The governing board shall adopt policies and procedures that provide district and college staff the opportunity to participate effectively in district and college governance. Shaaron: Note that classified staff have the right to opportunity for effective participation – but not defined; much weaker than that for faculty and students Academic Senate for California Community Colleges Leadership Institute 2007

Education Code Section 87359 (b) Waiver of Minimum Qualifications and Equivalency Section 87360 (b) Hiring Criteria Section 87458 (a) Administrative Retreat Rights Shaaron: All three require joint agreement – stronger than consultation; must work out an agreement together; affirmed in 2005 appellate court decision regarding Irvine Valley College – because went through appellate court, this decision applies to everybody Academic Senate for California Community Colleges Leadership Institute 2007

Education Code Section 87610.1 (a) Tenure Evaluation Procedures “The faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining regarding those procedures.” Michelle: Note – different role of senate and union. Must work with association because it relates to granting of tenure, but primarily a senate issues because it relates to academic quality – use of evaluation to improve a faculty’s importance Academic Senate for California Community Colleges Leadership Institute 2007

Education Code Section 87615 (b) Minimum Degree Requirements Section 87663 (f) Evaluation Procedures - Association shall consult with Senate Section 87743.2 Faculty Service Areas - Association shall consult with Senate Shaaron: May want to comment on the difference between faculty service areas, disciplines (which is curricular), minimum qualifications, and equivalencies Academic Senate for California Community Colleges Leadership Institute 2007

Resources Empowering Local Senates: Roles and Responsibilities of and Strategies for an Effective Senate www.asccc.org papers and links to online Title 5 and Education Code Academic Senate for California Community Colleges Leadership Institute 2007