1. Academic Senate for California Community Colleges
The Basis for Effective Senates: Title 5 Regulations and Education Code
Modified by Mark Lieu 06.04
Modified by J. PATTON 6-05
Academic Senate for California Community Colleges

2. Academic Senate for California Community Colleges
Basis for Senate Power
IT IS THE LAW
Education Code
Title 5 Regulations
Actually three levels: ed code, regulation, guidelines (curriculum handbook, DE, accessibility)
Academic Senate for California Community Colleges

3. 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

4. Legal Basis vs Real Life
IT IS THE LAW
but
IT IS UP TO YOU
Nattering nabobs – who just espouse Title 5; concealed weapon analogy (Rostrum 02 articles); all depends on what you do with it
Academic Senate for California Community Colleges

5. Academic Senate for California Community Colleges
Today
Presentation of slides (jot down questions)
2. Questions, examples & discussion (in slide order)
Academic Senate for California Community Colleges

6. Academic Senate for California Community Colleges
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
Academic Senate for California Community Colleges

7. Academic Senate for California Community Colleges
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.”
For local senates; corresponding section in for state senate; SB6 – proposed changes were to remove and – since covered in Title 5 – ignorance of legislators
Academic Senate for California Community Colleges

8. Academic Senate for California Community Colleges
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

9. Academic Senate for California Community Colleges
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:
Defined in Title 5 but not Education Code
Academic Senate for California Community Colleges

10. Academic Senate for California Community Colleges
Ten
Section (c)
Curriculum, including establishing prerequisites
Degree & Certificate Requirements
Grading Policies
Educational Program Development
Standards & Polices regarding Student Preparation and Success
College governance structures, as related to faculty roles
Curriculum: DE, credit for ESL; 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

11. Academic Senate for California Community Colleges
Ten (continued)
Section (c)
Faculty roles and involvement in accreditation process
Policies for faculty professional development activities
Processes for program review
Processes for institutional planning and budget development
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

12. Academic Senate for California Community Colleges
plus 1
Section (c)
Other academic and professional matters as mutually agreed upon.
Academic Senate for California Community Colleges

13. 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

14. Collegial Consultation - Definitions
Section (d)
(D) Requires procedures for responding to Academic Senate recommendations that include:
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.
Mention wallet copies of your consultation policy; weasel language; public shame; have board document when they don’t accept advice (see next slide)
Academic Senate for California Community Colleges

15. Academic Senate for California Community Colleges
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
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

16. Academic Senate for California Community Colleges
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
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)
Academic Senate for California Community Colleges

17. Academic Senate for California Community Colleges
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

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

19. 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.
Academic Senate for California Community Colleges

20. Academic Senate for California Community Colleges
Education Code
Section (b) Waiver of Minimum Qualifications and Equivalency
Section (b) Hiring Criteria
Section (a) Administrative Retreat Rights
Requires joint agreement – stronger than consultation; point out difference between equivalency and FSA (Senate has a paper); should review and reopen with BoT if needed
Academic Senate for California Community Colleges

21. Academic Senate for California Community Colleges
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

22. Academic Senate for California Community Colleges
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

23. Academic Senate for California Community Colleges
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