1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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 for state senate
Academic Senate for California Community Colleges Leadership Institute 2007

8. 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.
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 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

9. 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:
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

10. The “10 +1” Curriculum, including establishing prerequisites
Section (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

11. The “10 +1” Educational Program Development
Section (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

12. The “10 +1” Faculty roles and involvement in accreditation process
Section (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

13. The “10 +1” Processes for program review
Section (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

14. The “plus 1”
Section (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

15. 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
Shaaron (through 18) – differentiate between the different consultation styles
Academic Senate for California Community Colleges Leadership Institute 2007

16. 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.
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

17. 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

18. 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
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

19. 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
Michelle ( ): 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

20. TITLE 5 § (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

21. 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
Michelle
Academic Senate for California Community Colleges Leadership Institute 2007

22. 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

23. Education Code
Section (b) Waiver of Minimum Qualifications and Equivalency
Section (b) Hiring Criteria
Section (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

24. 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

25. Education Code Section 87615 (b) Minimum Degree Requirements
Section (f) Evaluation Procedures - Association shall consult with Senate
Section 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

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