Academic Senate for California Community Colleges – Leadership Institute 2008 Basics for Effective...

Academic Senate for California CAcademic Senate for California Community Colleges – Leadership Iommunity Colleges – Leadership Institute 2008nstitute 2008

Basics for Basics for Effective Effective SenatesSenates

Shaaron VogelShaaron Vogel

Wheeler NorthWheeler North

Academic Senate for California Community Colleges


What are the essentials?What are the essentials?

•California Education Code California Education Code Title 1-3, or Part 1 – 69Title 1-3, or Part 1 – 69

•California RegulationsCalifornia RegulationsTitle 5 – EducationTitle 5 – Education

•Both Define Consultation Scope and AuthorityBoth Define Consultation Scope and Authority


Ed Code versus RegulationEd Code versus Regulation

• Legal code (The Law) 29 CodesLegal code (The Law) 29 Codes

• Typically enforced through judicial Typically enforced through judicial action (criminal or civil) or regulatory action (criminal or civil) or regulatory (Title 1-28)(Title 1-28)

• Regulatory implemented through Regulatory implemented through regulatory agency or judicial action.regulatory agency or judicial action.


Multiple Layers: System Multiple Layers: System LevelLevel

• 1. Ed Code1. Ed Code• 2. Title 52. Title 5• 3. Guidelines - Legal Opinion / 3. Guidelines - Legal Opinion /

AdvisoryAdvisory• 4. Procedure and Standing 4. Procedure and Standing

OrdersOrders• 5. Informational5. Informational


Multiple Layers: Local Multiple Layers: Local LevelLevel

• 1. District Policy1. District Policy• 2. District Procedure2. District Procedure• 3. Bargaining Agent Contracts3. Bargaining Agent Contracts• 4. College Governance4. College Governance

agreement/handbooks agreement/handbooks• 5. Local Senate Cons./Bylaws5. Local Senate Cons./Bylaws


HistoricalHistorical

• Governance was amended by AB Governance was amended by AB 1725 in September, 19881725 in September, 1988

• Consultation was a portion of focusConsultation was a portion of focus– Revised Mission and BOG MembershipRevised Mission and BOG Membership– Credentials > Minimum QualificationsCredentials > Minimum Qualifications– Program Based FundingProgram Based Funding– ADA > WSCH-FTESADA > WSCH-FTES– Incentives for full time faculty (75:25)Incentives for full time faculty (75:25)– Staff Development fundingStaff Development funding


Legal Basis vs Real LifeLegal Basis vs Real Life

IT IS THE LAWIT IS THE LAWbutbut

THE BALL IS OFFICALLY IN THE BALL IS OFFICALLY IN YOUR COURTYOUR COURT


TITLE 5, Division 6 - CCCTITLE 5, Division 6 - CCC

• Developed by the System OfficeDeveloped by the System Office

• Approved by the Board of Approved by the Board of GovernorsGovernors

• Implements the law with Implements the law with flexibility (where allowed)flexibility (where allowed)


Education Code §70902 (b)Education Code §70902 (b)(7)(7)““The Governing Board shall … ensure … the The Governing Board shall … ensure … the

right of academic senates to assume right of academic senates to assume primary responsibility for making primary responsibility for making recommendation in the areas of recommendation in the areas of curriculum and academic standardscurriculum and academic standards.”.”


TITLE 5 § 53203 - PowersTITLE 5 § 53203 - Powers(A) Governing Board shall adopt (A) Governing Board shall adopt

policies delegating authority and policies delegating authority and responsibility to its Academic responsibility to its Academic Senate.Senate.

(B) Policies in (A) shall be adopted (B) Policies in (A) shall be adopted through through collegial consultation collegial consultation with with the Academic Senate.the Academic Senate.

(C) Guarantees the Academic (C) Guarantees the Academic Senate the right to meet with or Senate the right to meet with or appear before the board.appear before the board.


TITLE 5 § 53200 - DefinitionsTITLE 5 § 53200 - Definitions(B) Academic Senate means an (B) Academic Senate means an

organization whose primary organization whose primary function is to make function is to make recommendations with respect to recommendations with respect to academic and professional academic and professional matters.matters.

(C) Academic and Professional (C) Academic and Professional matters means the following matters means the following policy development and policy development and implementation matters:implementation matters:


The “10 +1”The “10 +1”Section 53200 (c)Section 53200 (c)

1.1. Curriculum, including Curriculum, including establishing prerequisitesestablishing prerequisites

2.2. Degree & Certificate Degree & Certificate RequirementsRequirements

3.3. Grading PoliciesGrading Policies



4.4. Educational Program Educational Program DevelopmentDevelopment

5.5. Standards & Polices regarding Standards & Polices regarding Student Preparation and SuccessStudent Preparation and Success

6.6. College governance structures, as College governance structures, as related to faculty rolesrelated to faculty roles



7.7. Faculty roles and involvement in Faculty roles and involvement in accreditation processaccreditation process

8.8. Policies for faculty professional Policies for faculty professional development activitiesdevelopment activities


The “10 +1”The “10 +1”

Section 53200 (c)Section 53200 (c)

9.9. Processes for program reviewProcesses for program review

10.10. Processes for institutional planning Processes for institutional planning and budget developmentand budget development


The “plus 1”The “plus 1”

Section 53200 (c)Section 53200 (c)

• Other academic and professional Other academic and professional matters as mutually agreed upon.matters as mutually agreed upon.


Collegial ConsultationCollegial ConsultationSection 53200 (d)Section 53200 (d)

District Governing Board is required to District Governing Board is required to consult collegially consult collegially with the Academic with the Academic Senate and develop policies on Senate and develop policies on academic and professional matters academic and professional matters through either or both:through either or both:

1. 1. Rely primarilyRely primarily upon the advice and upon the advice and judgment of the Academic Senatejudgment of the Academic Senate

2. Reach 2. Reach mutual agreementmutual agreement with the with the Academic Senate by written resolution, Academic Senate by written resolution, regulation, or policyregulation, or policy


Collegial Consultation - Collegial Consultation - DefinitionsDefinitionsSection 53200 (d)Section 53200 (d)

(D) Requires procedures for responding to Academic (D) Requires procedures for responding to Academic SenateSenate recommendations that include:recommendations that include:

1. 1. When When rely primarilyrely primarily, the recommendation of the , the recommendation of the Academic Senate will normally be accepted, and Academic Senate will normally be accepted, and only in exceptional circumstances and for only in exceptional circumstances and for compelling reasons will they not be accepted.compelling reasons will they not be accepted.

2. When 2. When mutual agreementmutual agreement and an agreement has and an agreement has not been reached:not been reached:– Existing policy remains in effect except in cases Existing policy remains in effect except in cases

of legal liability or fiscal hardshipof legal liability or fiscal hardship– Board may act - after a good faith effort - only Board may act - after a good faith effort - only

for compelling legal, fiscal, or organizational for compelling legal, fiscal, or organizational reasons.reasons.


Compelling ReasonsCompelling ReasonsThese terms mean that … the These terms mean that … the board’s decision to disagree must board’s decision to disagree must be: be: in writing, and in writing, and based on a clear and substantive based on a clear and substantive rationale which puts the rationale which puts the explanation in an accurate, explanation in an accurate, appropriate, and relevant context.appropriate, and relevant context.

--Participating Effectively in District and College Governance--Participating Effectively in District and College Governance


TITLE 5 § 53203 – More TITLE 5 § 53203 – More PowersPowers

(E) Academic Senate may assume (E) Academic Senate may assume responsibilities and perform functions responsibilities and perform functions as may be delegated by the Governing as may be delegated by the Governing BoardBoard

(F) Appointment of faculty members to (F) Appointment of faculty members to college committees shall be made by college committees shall be made by the Academic Senate - requires the Academic Senate - requires consultation with CEO or designeeconsultation with CEO or designee


TITLE 5 §51023.7 (a) - TITLE 5 §51023.7 (a) - StudentsStudentsThe governing board shall adopt policies The governing board shall adopt policies

procedures that provide students the procedures that provide students the opportunity to participate effectively in opportunity to participate effectively in district and college governance.district and college governance.

grading policiesgrading policies codes of student conductcodes of student conduct academic disciplinary policiesacademic disciplinary policies curriculum developmentcurriculum development


TITLE 5 §51023.7 (a) - TITLE 5 §51023.7 (a) - StudentsStudents

course/program initiation or course/program initiation or eliminationelimination

processes for institutional planning processes for institutional planning and budget developmentand budget development

standards and policies regarding standards and policies regarding student preparation and successstudent preparation and success


TITLE 5 §51023.7 (a) - TITLE 5 §51023.7 (a) - StudentsStudents

student services planning and student services planning and developmentdevelopment

student feesstudent fees any other district or college policy… any other district or college policy…

that will have a significant effect on that will have a significant effect on studentsstudents


TITLE 5 §51023.5 (a) – TITLE 5 §51023.5 (a) – Classified StaffClassified Staff

The governing board shall adopt The governing board shall adopt policies and procedures that provide policies and procedures that provide district and college staff the district and college staff the opportunity to participate effectively opportunity to participate effectively in district and college governance.in district and college governance.


Education CodeEducation CodeSection 87359 (b) Waiver of Minimum Section 87359 (b) Waiver of Minimum

Qualifications and EquivalencyQualifications and Equivalency

Section 87360 (b) Hiring CriteriaSection 87360 (b) Hiring Criteria

Section 87458 (a) Administrative Section 87458 (a) Administrative Retreat RightsRetreat Rights


Education CodeEducation Code

Section 87610.1 (a) Tenure Evaluation Section 87610.1 (a) Tenure Evaluation ProceduresProcedures

““The faculty’s exclusive representative The faculty’s exclusive representative shall consult with the academic senate shall consult with the academic senate prior to engaging in collective bargaining prior to engaging in collective bargaining regarding those procedures.”regarding those procedures.”


Education CodeEducation Code

Section 87615 (b) Minimum Degree Section 87615 (b) Minimum Degree RequirementsRequirements

Section 87663 (f) Evaluation Procedures - Section 87663 (f) Evaluation Procedures - Association shall consult with SenateAssociation shall consult with Senate

Section 87743.2 Faculty Service Areas - Section 87743.2 Faculty Service Areas - Association shall consult with SenateAssociation shall consult with Senate


ResourcesResources

• Empowering Local Senates: Roles Empowering Local Senates: Roles and Responsibilities of and and Responsibilities of and Strategies for an Effective SenateStrategies for an Effective Senate

•www.asccc.orgwww.asccc.org papers and links to papers and links to online Title 5 and Education Codeonline Title 5 and Education Code

Academic Senate for California Community Colleges – Leadership Institute 2008 Basics for Effective...

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