Academic Senate for California Community Colleges ­– Leadership Institute 2008 Basics for Effective Senates Shaaron Vogel Wheeler North Academic Senate for California Community Colleges

Academic Senate for California Community Colleges ­– Leadership Institute 2008 What are the essentials? California Education Code Title 1-3, or Part 1 – 69 California Education Code Title 1-3, or Part 1 – 69 California Regulations Title 5 – Education California Regulations Title 5 – Education Both Define Consultation Scope and Authority Both Define Consultation Scope and Authority

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Ed Code versus Regulation Legal code (The Law) 29 Codes Legal code (The Law) 29 Codes Typically enforced through judicial action (criminal or civil) or regulatory (Title 1-28) Typically enforced through judicial action (criminal or civil) or regulatory (Title 1-28) Regulatory implemented through regulatory agency or judicial action. Regulatory implemented through regulatory agency or judicial action.

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Multiple Layers: System Level 1. Ed Code 1. Ed Code 2. Title 5 2. Title 5 3. Guidelines - Legal Opinion / Advisory 3. Guidelines - Legal Opinion / Advisory 4. Procedure and Standing Orders 4. Procedure and Standing Orders 5. Informational 5. Informational

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Multiple Layers: Local Level 1. District Policy 1. District Policy 2. District Procedure 2. District Procedure 3. Bargaining Agent Contracts 3. Bargaining Agent Contracts 4. College Governance agreement/handbooks 4. College Governance agreement/handbooks 5. Local Senate Cons./Bylaws 5. Local Senate Cons./Bylaws

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Historical Governance was amended by AB 1725 in September, 1988 Governance was amended by AB 1725 in September, 1988 Consultation was a portion of focus Consultation was a portion of focus –Revised Mission and BOG Membership –Credentials > Minimum Qualifications –Program Based Funding –ADA > WSCH-FTES –Incentives for full time faculty (75:25) –Staff Development funding

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Legal Basis vs Real Life IT IS THE LAW but THE BALL IS OFFICALLY IN YOUR COURT

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 5, Division 6 - CCC Developed by the System Office Developed by the System Office Approved by the Board of Governors Approved by the Board of Governors Implements the law with flexibility (where allowed) Implements the law with flexibility (where allowed)

Academic Senate for California Community Colleges ­– Leadership Institute 2008 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.”

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 5 § 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.

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 5 § 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:

Academic Senate for California Community Colleges ­– Leadership Institute 2008 The “10 +1” Section (c) 1. Curriculum, including establishing prerequisites 2. Degree & Certificate Requirements 3. Grading Policies

Academic Senate for California Community Colleges ­– Leadership Institute 2008 The “10 +1” Section (c) 4. Educational Program Development 5. Standards & Polices regarding Student Preparation and Success 6. College governance structures, as related to faculty roles

Academic Senate for California Community Colleges ­– Leadership Institute 2008 The “10 +1” Section (c) 7. Faculty roles and involvement in accreditation process 8. Policies for faculty professional development activities

Academic Senate for California Community Colleges ­– Leadership Institute 2008 The “10 +1” Section (c) 9. Processes for program review 10. Processes for institutional planning and budget development

Academic Senate for California Community Colleges ­– Leadership Institute 2008 The “plus 1” Section (c) Other academic and professional matters as mutually agreed upon. Other academic and professional matters as mutually agreed upon.

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Collegial Consultation Section (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

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Collegial Consultation - Definitions Section (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.

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Compelling Reasons These terms mean that … the board’s decision to disagree must be: in writing, and based on a clear and substantive rationale which puts the explanation in an accurate, appropriate, and relevant context. --Participating Effectively in District and College Governance

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 5 § – 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

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 5 § (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

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 5 § (a) - Students  course/program initiation or elimination  processes for institutional planning and budget development  standards and policies regarding student preparation and success

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 5 § (a) - Students  student services planning and development  student fees  any other district or college policy… that will have a significant effect on students

Academic Senate for California Community Colleges ­– Leadership Institute 2008 TITLE 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.

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Education Code Section (b) Waiver of Minimum Qualifications and Equivalency Section (b) Hiring Criteria Section (a) Administrative Retreat Rights

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Education Code Section (a) Tenure Evaluation Procedures “The faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining regarding those procedures.”

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Education Code Section (b) Minimum Degree Requirements Section (f) Evaluation Procedures - Association shall consult with Senate Section Faculty Service Areas - Association shall consult with Senate

Academic Senate for California Community Colleges ­– Leadership Institute 2008 Resources Empowering Local Senates: Roles and Responsibilities of and Strategies for an Effective Senate Empowering Local Senates: Roles and Responsibilities of and Strategies for an Effective Senate papers and links to online Title 5 and Education Code papers and links to online Title 5 and Education Code