Education Code EC 66000 Title 3. Postsecondary Education. Division 5. General Provisions. Part 40. Donahoe Higher Education Act. Chapter 1. Title Of Part This part shall be known and may be cited as the Donahoe Higher Education Act. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66002 Chapter 1.5. Legislative Findings The Legislature finds and declares all of the following: (a) The Master Plan for Higher Education in California, 1960-75, was originally prepared in 1959, and its recommendations were approved in principle by the affected governing boards of the higher education segments. Subsequently, legislation necessary to implement certain of the master plan's provisions was enacted, including this part. A need to differentiate the functions of the segments of higher education and rapidly increasing enrollments ware primary factors that motivated the creation of the master plan. (b) Pursuant to Resolution Chapter 285 of the Statutes of 1970, and Resolution Chapter 232 of the Statutes of 1971, a joint committee of the Legislature issued its report in 1973, entitled "Report of the Joint Committee on the Master Plan for Higher Education," which reaffirmed the principles of the original master plan and emphasized a need for the segments of higher education to improve access and educational equity, coordination and planning, governance, and diversity within the entire system. As in the 1960's, legislation necessary to implement certain of the joint committee's recommendations was enacted, largely through amendments to this part. (c) Pursuant to Chapter 1507 of the Statutes of 1984, the Commission for the Review of the Master Plan for Higher Education conducted public hearings and deliberations; in 1987, it issued its report and recommendations, "The Master Plan Renewed: Unity, Equity, Quality, and Efficiency in California Postsecondary Education." Building on this report and two more years of public dialogue pursuant to Resolution Chapter 175 of the Statutes of 1984, the Joint Committee for the Review of the Master Plan for Higher Education adopted a comprehensive report in 1989, entitled "California Faces. . .California's Future: Education for Citizenship in a Multicultural Democracy," that affirms the achievements and the basic structure of the 1960 Master Plan for Higher Education and identifies new challenges for California's institutions of higher education. (d) California faces a period of unprecedented population growth and extraordinary social and economic changes as the 21st century approaches and the state's colleges and universities face tremendous educational challenges while at or near their enrollment capacities. (e) In the spirit of the original master plan and the two subsequent reviews conducted in the 1970's and 1980's, the Legislature finds and declares the following: (1) California is on the threshold of becoming a state with a new multicultural majority as the ethnic composition of the population is changing dramatically. The state's future economic, social, and cultural development depends upon ensuring that all its citizens have opportunities to contribute their best to society. (2) Current estimates indicate that California will need to accommodate hundreds of thousands of additional students by the year 2005 in public higher education institutions. California needs to prepare now for the projected enrollments in the 21st century. And, if the goals of the master plan and its subsequent updates are to be fully achieved, especially if groups that are historically and currently underrepresented increase their rates of participation in higher education, enrollments will exceed even these projections. (3) California must support an educational system which prepares all Californians for responsible citizenship and meaningful careers in a multicultural society; this requires a commitment from all to make quality education available and affordable for every Californian. (4) To accomplish these goals, California's system of higher education will need to expand. (Added by Stats. 1991, Ch. 1198, Sec. 1.) Education Code EC 66003 Legislative intent It is the intent of the Legislature to outline in statute the broad policy and programmatic goals of the master plan and to expect the higher education segments to be accountable for attaining those goals. However, consistent with the spirit of the original master plan and the subsequent updates, it is the intent of the Legislature that the governing boards be given ample discretion in implementing policies and programs necessary to attain those goals. (Added by Stats. 1991, Ch. 1198, Sec. 1.) Education Code EC 66010 Public higher education (a) Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof, and (3) each campus, branch, and function of the University of California. (b) As used in this part, "independent institutions of higher education" are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education. (c) No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education. (Amended by Stats. 1995, Ch. 758, Sec. 28.) Education Code EC 66010.1 Article 2. Comprehensive Mission Statement The purpose of this article is to identify common educational missions shared by educational institutions in California and to differentiate more specific missions and functions between the various educational segments. (Added by Stats. 1991, Ch. 1198, Sec. 4.1.) Education Code EC 66010.2 Access to education; quality programs; educational equity The public elementary and secondary schools, the California Community Colleges, the California State University, the University of California, and independent institutions of higher education share goals designed to provide educational opportunity and success to the broadest possible range of our citizens, and shall provide the following: (a) Access to education, and the opportunity for educational success, for all qualified Californians. Particular efforts should be made with regard to those who are historically and currently underrepresented in both their graduation rates from secondary institutions and in their attendance at California higher educational institutions. (b) Quality teaching and programs of excellence for their students. This commitment to academic excellence shall provide all students the opportunity to address issues, including ethical issues, that are central to their full development as responsible citizens. (c) Educational equity not only through a diverse and representative student body and faculty but also through educational environments in which each person, regardless of race, gender, age, disability, or economic circumstances, has a reasonable chance to fully develop his or her potential. (Added by Stats. 1991, Ch. 1198, Sec. 4.2.) Education Code EC 66010.3 Elementary and secondary school responsibilities The public elementary and secondary schools shall be responsible for academic and general vocational instruction from kindergarten and grades 1 to 12, inclusive, including preparation of pupils for postsecondary instruction, future participation in California's economy and society, and adult instruction to the extent of state support. (Added by Stats. 1991, Ch. 1198, Sec. 4.3.) Education Code EC 66010.4 Missions and functions; institution of higher education The missions and functions of California's public and independent segments, and their respective institutions of higher education shall be differentiated as follows: (a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree. (2) In addition to the primary mission of academic and vocational instruction, the community colleges shall offer instruction and courses to achieve all of the following: (A) The provision of remedial instruction for those in need of it and, in conjunction with the school districts, instruction in English as a second language, adult noncredit instruction, and support services which help students succeed at the postsecondary level are reaffirmed and supported as essential and important functions of the community colleges. (B) The provision of adult noncredit education curricula in areas defined as being in the state's interest is an essential and important function of the community colleges. (C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institution's ability to meet its obligations in its primary missions. (3) A primary mission of the California Community Colleges is to advance California's economic growth and global competitiveness through education, training, and services that contribute to continuous work force improvement. (4) The community colleges may conduct to the extent that state funding is provided, institutional research concerning student learning and retention as is needed to facilitate their educational missions. (b) The California State University shall offer undergraduate and graduate instruction through the master's degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the master's degree. (c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research. (d) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. (Amended by Stats. 1996, Ch. 1057, Sec. 2.) Education Code EC 66010.5 Mission of public segments The mission of the public segments of higher education shall also include a broad responsibility to the public interest, and independent segments of higher education are encouraged to assume a broad responsibility to the public interest. As part of this responsibility, the public and independent segments are encouraged to support programs of public service and to involve faculty and students in these programs. (Added by Stats. 1991, Ch. 1198, Sec. 4.4.) Education Code EC 66010.6 Missions of agencies The missions of agencies charged with coordination, administration, or implementation of higher education policies and programs in California shall be as follows: (a) The California Postsecondary Education Commission is the statewide postsecondary education coordinating and planning agency. The commission shall serve as a principal fiscal and program advisor to the Governor and the Legislature on postsecondary educational policy. Consistent with Section 66903, the commission's responsibilities shall include, but not be limited to, the following: (1) Analysis and recommendations related to long-range planning for public postsecondary education. (2) Analysis of state policy and programs involving the independent and private postsecondary educational sectors. (3) Analysis and recommendations related to program and policy review. (4) Resource analysis. (5) Maintenance and publication of pertinent public information relating to all aspects of postsecondary education. The commission shall consult with the postsecondary educational segments and with relevant state agencies, including the Student Aid Commission, the Superintendent of Public Instruction, and other relevant parties, in its preparation of analyses and recommendations to the Governor and the Legislature. However, the commission shall remain an independent and nonpartisan body responsible for providing an integrated and segmentally unbiased view for purposes of state policy formulation and evaluation. (b) The California Student Aid Commission is the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. These programs include grant, work study, and loan programs supported by the state and the federal government. Consistent with this responsibility, the Commission shall provide, in consultation with the postsecondary education segments and relevant state agencies, policy leadership on student financial aid issues, evaluate the effectiveness of its programs, conduct research and long-range planning as a foundation for program improvement, report on total state financial aid needs, and disseminate information to students and their families. (c) The Council for Private Postsecondary and Vocational Education is the primary state agency responsible for approving and regulating private postsecondary and vocational educational institutions and for developing state policies for private postsecondary and vocational education in California. The council shall represent the private postsecondary and vocational education institutions in all state level planning and policy discussions about postsecondary and vocational education. (Added by Stats. 1990, Ch. 1587, Sec. 3.) Education Code EC 66010.7 Collaboration and coordination (a) The Legislature, through the enactment of this section, expresses its commitment to encourage and support collaboration and coordination among all segments of education. (b) Within the differentiation of segmental functions outlined in this article, the institutions of higher education shall undertake intersegmental collaboration and coordination particularly when it can do any of the following: (1) Enhance the achievement of the institutional missions shared by the segments. (2) Provide more effective planning of postsecondary education on a statewide basis. (3) Facilitate achievement of the goals of educational equity. (4) Enable public and independent higher education to meet more effectively the educational needs of a geographic region. (5) Facilitate student progress from one segment to another, particularly with regard to preparation of students for higher education as well as the transfer from the California Community Colleges to four-year institutions. (c) The leaders responsible for public and independent institutions of higher education and the Superintendent of Public Instruction shall work together to promote and facilitate the development of intersegmental programs and other cooperative efforts aimed at improving the progress of students through the educational systems and at strengthening the teaching profession at all levels. (d) The California Postsecondary Education Commission shall have responsibility for reviewing and evaluating the effectiveness of intersegmental activities in accomplishing the established goals, and shall report its findings to the Governor and Legislature biennially. (Added by Stats. 1991, Ch. 1198, Sec. 4.5.) Education Code EC 66011 Admissions (a) It is hereby declared to be the policy of the Legislature that all resident applicants to California institutions of public higher education, who are determined to be qualified by law or by admission standards established by the respective governing boards, should be admitted to either (1) a district of the California Community Colleges, in accordance with Section 76000, (2) the California State University, or (3) the University of California. (b) As used in this part, "governing boards" means the local boards of trustees and the Board of Governors of the California Community Colleges, the Trustees of the California State University and the Regents of the University of California. (Amended by Stats. 1990, Ch. 1372, Sec. 209.) Education Code EC 66012 Planning process It is hereby declared to be the intent of the Legislature that the fixed master plan approach in the development of public postsecondary education be replaced by a continuous planning process which includes: (a) A legislative study of California postsecondary education at 10-year intervals to reevaluate the planning process and provide guidelines regarding goals, societal needs and general missions of public higher education and its components. (b) Continuous planning by a state commission including a five-year plan which is to be updated annually. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66013 Strive for excellence Each segment of public higher education shall strive for excellence in its sphere, as assigned in this part. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66014 Provisions supercede any law that conflicts The provisions of this part shall supersede the provisions of any other law which conflict with the provisions of this part. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66014.5 Legislative intent, findings, declaration (a) It is the intent of the Legislature to recognize the role of independent, regionally accredited postsecondary education in California postsecondary education. Statewide planning, policy coordination, and review of postsecondary education shall include attention to the contributions of the independent institutions in meeting the state's goals of access, quality, educational equity, economic development, and student aid. (b) The Legislature hereby finds and declares that there is a need of providing students with economic and academic freedom of choice in selecting a college or university they wish to attend. The Legislature further finds that an important means of meeting this need is through offering financial assistance to students who wish to attend public or independent colleges and universities and who have demonstrated financial need. (Amended by Stats. 1991, Ch. 1198, Sec. 6.) Education Code EC 66015 Legislative intent It is the intent of the Governor and the Legislature, in cooperation with the Trustees of the California State University, to do both of the following: (a) Place a major priority on resolving the serious problem of impacted and overcrowded classes, not only with respect to the California State University, but throughout public postsecondary education. (b) Ensure that needy students receive financial aid sufficient to cover the cost of fee increases for each academic year. (Amended by Stats. 2001, Ch. 745, Sec. 31.) Education Code EC 66015.1 Legislative finding and declaration The Legislature finds and declares all of the following: (a) The 1986 Report on Lower Division Education at the University of California stated that "lower division (education) is something of a neglected child..." and suggested steps for improving the quality of teaching and academic support services. (b) In 1991, the "University-wide Task Force on Faculty Rewards Report" resulted in the adoption of policies to provide a greater emphasis on teaching. Policy revisions included broadening the range of evidence used in evaluation of teaching, peer review of teaching, and promotion policies that recognize great distinction in teaching as well as scholarship. (c) In 1992, the University of California issued a number of "Presidential Initiatives to Protect and Improve Undergraduate Education." (d) The Legislature, in the Supplemental Report of the 1992 Budget Act declared its intent that University of California faculty alter the distribution of their workload by: (1) Increasing the number of courses and sections offered that are required for normal progress toward a baccalaureate degree. (2) Increasing the number of freshman and sophomore seminars. (3) Increasing opportunities for undergraduate research. (4) Reducing the size of classes when desirable. These measures were expected to result in an increase in the average teaching load of one additional course every one to three years. (e) The report entitled "Initiatives to Improve Undergraduate Education," prepared by the University of California in response to the 1992 Budget Act, is a commendable effort. (Added by Stats. 1993. Ch. 776, Sec. 1.) Education Code EC 66015.5 Legislative intent (a) It is the intent of the Legislature that quality classroom instruction be continually improved and that courses required for normal progress to a baccalaureate degree be provided in sufficient numbers. (b) It is the further intent of the Legislature that where necessary the average teaching responsibilities of tenured and tenure track faculty be sufficiently increased to meet the goals described in this section. (Added by Stats. 1993, Ch. 776, Sec. 2.) Education Code EC 66016 Intercollegiate athletic program It is the intent of the Legislature that opportunities for participation in intercollegiate athletic programs in the community colleges, in the campuses of the California State University, and in the campuses of the University of California be provided on as equal a basis as is practicable to male and female students. The costs of providing these equal opportunities may vary according to the type of sports contained within the respective men's and women's athletic programs. Therefore it is also the intent of the Legislature that additional sources of revenue should be determined to provide additional funds for these equal opportunity programs. (Amended by Stats. 1983, Ch. 143, Sec. 46.) Education Code EC 66017 Disciplinary procedures The respective governing boards of the California Community Colleges, the California State University, or the University of California shall adopt appropriate procedures and designate appropriate persons to take disciplinary action against any student, member of the faculty, member of the support staff, or member of the administration of the community college, state college, or state university who, after a prompt hearing by a campus body, has been found to have willfully disrupted the orderly operation of the campus. Nothing in this section shall be construed to prohibit, where an immediate suspension is required in order to protect lives or property and to ensure the maintenance of order, interim suspension pending a hearing; provided that a reasonable opportunity be afforded the suspended person for a hearing within 10 days. The disciplinary action may include, but need not be limited to, suspension, dismissal, or expulsion. Sections 89538 to 89540, inclusive, shall be applicable to any state university or college employee dismissed pursuant to this section. (Amended by Stats. 1990, Ch. 1372, Sec. 210.) Education Code EC 66018 Disclosures when applying for financial aid Each institution of public higher education shall require that all applications for any type of financial aid for students shall disclose all taxable income and all nontaxable income. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66019 Consideration of nontaxable income (a) Each state university and college, when determining eligibility for any state university or college educational opportunity program, and each governing board of a community college district, when determining eligibility for any community college educational opportunity program, shall consider nontaxable income. (b) The Regents of the University of California are requested to provide that nontaxable income be considered in all determinations of eligibility for any educational opportunity programs at the University of California. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66021 Budget act funding for financial aid It is the intent of the Legislature that the Budget Act for each fiscal year provide sufficient funding for financial aid for students with demonstrated financial need at the University of California, the California State University, and the California Community Colleges to offset increases in student charges at those institutions. The Legislature intends that funds for increased student financial aid be provided from sources other than student fees. (Amended by Stats. 1990, Ch. 1372, Sec. 211.) 66021.2 Cal Grants Consistent with the state's historic commitment to provide educational opportunity by ensuring both student access to and selection of an institution of higher education for students with financial need, the long-term policy of the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42 shall be as follows: (a) Commencing with the 2001-02 academic year and every year thereafter, an applicant for a Cal Grant A or B award shall receive an award that is not in excess of the financial need amount determined by the Student Aid Commission pursuant to Section 69432.9 if he or she complies with all of the following requirements: (1) Demonstrates financial need under the criteria adopted pursuant to Section 69432.9. (2) Attains a grade point average, as defined in Section 69432.7, meeting the requirements of Chapter 1.7 (commencing with Section 69430) of Part 42. (3) Complies with each of the eligibility criteria applicable to the type of Cal Grant award for which he or she is applying. (b) (1) The maximum Cal Grant A award for a student attending the University of California or the California State University shall equal the mandatory systemwide fees in each of those segments. (2) The maximum Cal Grant B award for a student to which this subdivision is applicable shall equal the mandatory systemwide fees in the segment attended by the student, except for community college students who receive waivers from the Board of Governors of the California Community Colleges, plus the access award calculated as specified in Article 3 (commencing with Section 69435) of Chapter 1.7 of Part 42, except that in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. (c) The maximum Cal Grant awards for students attending nonpublic institutions shall be as follows: (1) The maximum Cal Grant A award shall equal the tuition award level established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts. (2) The maximum Cal Grant B award shall equal the amount of the tuition award as established in the Budget Act of 2000, or the amount as adjusted in subsequent annual budget acts, plus the amount of the access costs specified in Section 69435, except that, in the first year of enrollment in a qualifying institution, the maximum award shall be only for the amount of the access award. (d) Commencing with the 2000-01 academic year, and each academic year thereafter, the Cal Grant C award shall be utilized only for occupational or technical training. (e) Commencing with the 2000-01 academic year, and each academic year thereafter, the Cal Grant T award shall be used only for one academic year of full-time attendance in a program of professional preparation that has been approved by the California Commission on Teacher Credentialing. (f) An institution of higher education in this state that participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not reduce its level of per capita need-based institutional financial aid to undergraduate students, excluding loans, below the total level awarded in the 2000-01 academic year. (g) The implementation of the policy set forth in this section shall maintain a balance between the state's policy goals of ensuring student access to and selection of an institution of higher education for students with financial need and academic merit. (h) It is the policy of the State of California that the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement the federal Pell Grant program. (i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program shall not guarantee admission to an institution of higher education or admission to a specific campus or program. (Amended by Stats. 2000, Ch. 403, Sec. 3.) Education Code EC 66021.4 Financial aid; students enrolled in teacher credential and graduate degree programs It is the intent of the Legislature to support student financial aid programs for eligible students enrolled in teacher credential and graduate degree programs, including an emphasis on increasing the number of graduate students from currently and historically underrepresented groups who are preparing to become future elementary and secondary teachers or postsecondary faculty members. (Added by Stats. 1990, Ch. 1699, Sec. 2.) Education Code EC 66022 Withholding of services from students in default of student loans (a) The governing board of every community college district, the Trustees of the California State University, the Regents of the University of California, and the Board of Directors of the Hastings College of the Law shall adopt regulations providing for the withholding of institutional services from students or former students who have been notified in writing at the student's or former student's last known address that he or she is in default on a loan or loans under the Federal Family Education Loan Program. "Default," for purposes of this section, means the failure of a borrower to make an installment payment when due, or to meet other terms of the promissory note under circumstances where the guarantee agency finds it reasonable to conclude that the borrower no longer intends to honor the obligation to repay, provided that this failure persists for 180 days for a loan repayable in monthly installments, or 240 days for a loan repayable in less frequent installments. (b) The regulations adopted pursuant to subdivision (a) shall provide that the services withheld may be provided during a period when the facts are in dispute or when the student or former student demonstrates to either the governing board of the community college district, the Trustees of the California State University, the Regents of the University of California, or the Board of Directors of the Hastings College of the Law, as appropriate, or to the Student Aid Commission, or both the Student Aid Commission and the appropriate entity or its designee, that reasonable progress has been made to repay the loan or that there exists a reasonable justification for the delay as determined by the institution. The regulations shall specify the services to be withheld from the student and may include, but are not limited to, the following: (1) The provision of grades. (2) The provision of transcripts. (3) The provision of diplomas. The adopted regulations shall not include the withholding of registration privileges. (c) When it has been determined that an individual is in default on a loan or loans specified in subdivision (a), the Student Aid Commission shall give notice of the default to all institutions through which that individual acquired the loan or loans. (d) This section shall not impose any requirement upon the University of California or the Hastings College of the Law unless the Regents of the University of California or the Board of Directors of the Hastings College of the Law, respectively, by resolution, make this section applicable. (e) Guarantors, or those who act as their agents or act under their control, who provide information to postsecondary educational institutions pursuant to this section, shall defend, indemnify, and hold harmless the governing board of every community college district, the Trustees of the California State University, the Regents of the University of California, and the Board of Directors of the Hastings College of the Law from action resulting from compliance with this section when the action arises as a result of incorrect, misleading, or untimely information provided to the postsecondary educational institution by the guarantors, their agents, or those acting under the control of the guarantors. (Amended by Stats. 1995, Ch. 758, Sec. 30.) Education Code EC 66023 Policy on students called to military service Each segment of public higher education shall establish, and update as necessary, a written policy concerning students who are called to active military service. The policy shall do all of the following: (a) Ensure that those students do not lose academic credits or degree status. (b) Provide for a refund of fees paid by the student for the term in which he or she was called to active military service. (Amended by Stats. 1995, Ch. 758, Sec. 30.5.) Education Code EC 66024 Legislative intent The Legislature hereby affirms its commitment to the continuing quality and development of graduate and professional programs of the University of California, the California State University, and the independent institutions of higher education in this state. It is the intent of the Legislature that each governing board of an institution of higher education periodically review the quality of the graduate and professional programs operated by the institution, and the need to add, discontinue, or enhance graduate and professional programs, including programs leading to the joint doctorate degree. It is further the intent of the Legislature that the development of joint doctoral programs operated by the California State University and the University of California or one or more accredited independent institutions of higher education be established and expedited. All graduate and professional programs, including joint doctoral programs, are expected to undergo careful evaluation and be approved only when it has been demonstrated-that these programs meet the needs of students and the state. (Added by Stats. 1991, Ch. 1198, Sec. 8.) Education Code EC 66025 Student fees (a) Systemwide fees charged to resident undergraduate students at the University of California and the California State University shall be reduced for the 1998-99 fiscal year by 5 percent below the level charged during the 1997-98 fiscal year, and the systemwide fees charged to those students for the 1999-2000 fiscal year shall be reduced by 5 percent below the level charged during the 1998-99 fiscal year. Systemwide education and registration fees charged to resident graduate students at the University of California and the California State University for the 1999-2000 fiscal year shall be reduced by 5 percent below the level charged those resident students for the 1997-98 fiscal year. This subdivision does not apply to resident students pursuing a course of study leading to a professional degree who are subject to a supplemental fee pursuant to the policy of the University of California. (b) No provision of this section shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make that provision applicable. (Amended by Stats. 1999, Ch. 72, Sec. 1.) Education Code EC 66030 Article 4. Educational Equity for Students (a) It is the intent of the Legislature that public higher education in California strive to provide educationally equitable environments which give each Californian, regardless of ethnic origin, race, gender, age, disability, or economic circumstance, a reasonable opportunity to develop fully his or her potential. (b) It is the responsibility of the governing boards of institutions of higher education to ensure and maintain multicultural learning environments free from all forms of discrimination and harassment, in accordance with state and federal law. (Added by Stats. 1991, Ch. 1198, Sec. 9.) Education Code EC 66050 Article 5. Quality Undergraduate Education It is the intent of the Legislature that public institutions of higher education in California shall provide a collegiate experience which gives each student the skills of communication and problem solving, the ideas and principles underlying the major areas of modern knowledge, the ability to consider ethical issues thoughtfully, the understanding that learning is a continuous lifelong process, and the knowledge of democracy necessary for good citizenship. The Legislature further intends that an undergraduate education prepare students to think critically and independently, and to have the flexibility to adapt to changing economic and social conditions, new workforce needs, and demands of a multicultural society. It is also the intent of the Legislature that the segments of higher education recognize that quality teaching is the core ingredient of the undergraduate educational experience. The segments of higher education are encouraged to improve the quality of undergraduate education as a central priority of California's public colleges and universities. (Added by Stats. 1991, Ch. 1198, Sec. 10.) Education Code EC 66051 Legislative intent It is the intent of the Legislature that each segmental governing board shall affirm that the oversight of teaching quality is as important a governance issue as its other management and administrative responsibilities. It is further the intent of the Legislature that governing boards shall be proactive in protecting and advancing general education within the undergraduate curriculum. (Added by Stats. 1991, Ch. 1198, Sec. 10.) Education Code EC 66052 Legislative finding, declaration and intent (a) The Legislature finds and declares that there is a need to encourage policies that enhance the quality of teaching within the segments of higher education. (b) It is the intent of the Legislature that the University of California adopt and enforce policies and procedures which ensure that quality teaching is an essential criterion, along with research, in the evaluation of faculty for appointment, retention, promotion, and tenure. It is also the intent of the Legislature that the California State University and the governing board of each community college district adopt and enforce policies and procedures that ensure that teaching is given primacy in the evaluation of faculty for appointment, retention, promotion, and tenure. (c) It is further the intent of the Legislature that the governing board of each public institution of higher education ensure that teaching is an essential criterion in the review of tenured faculty members. (Added by Stats. 1991, Ch. 1198, Sec. 10.) Education Code EC 66053 Legislative intent It is the intent of the Legislature that the Regents of the University of California, the Trustees of the California State University, and community college governing boards adopt policies and procedures to ensure that new faculty are competent in classroom teaching and that instructional resources are made available for faculty to enhance their teaching. The Legislature further encourages the University of California, the California State University, and the California Community Colleges to establish, appropriate incentives for improving teaching. (Added by Stats. 1991, Ch. 1198, Sec. 10.) 66057 Chapter 2 Part 40, Article 5.7. Year-Round Academic Programs (a) The Legislature finds and declares all of the following: (1) The future economic vitality of California will depend on the state's ability to educate its citizens and to help them develop the work and social skills needed to compete with workers of other nations and states in our global economy. (2) Ensuring that California's colleges and universities can accommodate a tidal wave of new students, as well as enable those from diverse backgrounds to achieve success in their college careers, will require a variety of strategies. (3) The Legislative Analyst's Office (LAO) has reported that most campuses of the University of California, the California State University, and the California Community Colleges will soon exceed their current capacities. (4) The LAO has identified year-round operation as a cost-efficient strategy to address future enrollment growth, by avoiding capital expenditure for instructional space, such as classrooms, class laboratories, study space in libraries, and other selected student support service facilities. (5) Year-round operation also increases student access to high demand campuses, and allows students to accelerate their progress to degrees. (b) Summer session fees at all campuses of the University of California and the California State University shall not exceed the fees charged per credit unit for any other academic term, if the state provides funding to offset any revenue losses that may occur due to the difference between the state university fee and fees charged for self-supporting academic programs. (c) In recognition of the differing circumstances on the various campuses throughout the state, the University of California and the California State University shall retain the flexibility to implement year-round operation differently on individual campuses. (Added by Stats 2000, Ch. 383, Sec. 1) Education Code EC 66060 Article 6. Campus Child Care and Development Programs (a) Notwithstanding any law to the contrary, higher educational institutions may establish and maintain child development programs on or near their respective campuses. Those higher educational institutions under contract with the State Department of Education for child care and development services pursuant to this chapter or Chapter 2 (commencing with Section 8200) of Part 6 are subject to the rules and regulations adopted by the Superintendent of Public Instruction. (b) Children of students of each campus operating a child development program shall have first priority for service in that program, in accordance with the priorities established in subdivision (b) of Section 8263. (c) The higher educational institutions may institutionalize child development programs on their respective campuses for the purpose of incorporating child development programs into the missions and functions of the respective campuses. (d) The Superintendent of Public Instruction, in cooperation with higher educational institutions, shall establish rules and regulations governing programs operated pursuant to this section. (e) It is the intention of the Legislature that a consortium composed of higher educational institutions be established by the institutions to improve communication and cooperation and to advise and assist the Superintendent of Public Instruction in the development of rules and regulations and policies and procedures affecting child care and development programs. The Superintendent of Public Instruction, in cooperation with the consortium, shall be responsible for ongoing communication with and dissemination of information to all campus child care and development agencies under contract with the State Department of Education. (Added by Stats. 1995, Ch. 758, Sec. 31.) Education Code EC 66070 Article 7. Higher Education Assessment Act of 1990 The Legislature finds and declares all of the following: (a) The primary goal of every higher educational institution should be to provide a collegiate experience which gives each student the skills of communication and problemsolving, the ideas and principles underlying the major areas of modern knowledge, the ability to consider critical issues thoughtfully, the understanding that learning is a continuous lifelong process, and the knowledge of democracy necessary for good citizenship. (b) To improve performance, educational institutions are encouraged to use effective assessment mechanisms based on positive reinforcement, incentives, and cooperation. (Added by Stats. 1995, Ch. 758, Sec. 32.) Education Code EC 66071 Assessment In enacting this article, it is the intent of the Legislature to urge the continued development and implementation of assessment processes whereby institutions of higher education establish mechanisms, through program review and improvement, for the assessment of their performance in attempting to improve student learning and comprehension and achieving the expressed state policy goals for higher education of quality, educational equity, employee diversity, student transfer, and student retention. The primary purposes of assessment shall be to improve teaching and learning as well as academic advising. Assessment programs shall be focused on activities that are campus-based, faculty-centered, and student-responsive. Faculty, students, and academic administrators are encouraged to work together in developing assessment programs. (Added by Stats. 1995, Ch. 758, Sec. 32.) Education Code EC 66072 Performance monitoring It is the intent of the Legislature to monitor the performance of the University of California, the California State University, and the community colleges in the following areas: (a) Diversification of student bodies. (b) Improved student transfer rates. (c) Improved student retention rates. (d) Diversification of faculty, nonfaculty academic staff, and administrative positions. (e) As a part of program review, enhanced student learning, as demonstrated through mechanisms designed to explore improvements in knowledge, skills, and abilities. (Added by Stats. 1995, Ch. 758, Sec. 32.) Education Code EC 66080 Article 7. English Proficiency In Higher Education This article shall be known, and may be cited, as the "English Proficiency in Higher Education Act." (Added by Stats. 1995, Ch. 200, Sec. 2.) Education Code EC 66081 Instructional faculty; definition "Instructional faculty," for purposes of this article, means every member of an institution of public higher education, other than visiting faculty, but including graduate teaching assistants, who teach one or more undergraduate credit courses at a campus of that institution within this state except courses that are designed to be taught predominantly in a foreign language, and elective, special arrangement courses, such as individualized instruction and independent study courses. (Added by Stats. 1995, Ch. 200, Sec. 2.) Education Code EC 66082 Evaluation of faculty for proficiency in English (a) Each institution of public higher education shall evaluate its instructional faculty for oral and written proficiency in the English language in the classroom. In an institution where a majority of the students speak English, if a member of the instructional faculty is unable to demonstrate proficiency in oral or written communication, he or she shall be required to improve oral and written communication skills through courses, workshops, or programs specifically designed for this purpose. (b) Each institution shall determine its own method or process of evaluating the language proficiency of its faculty. (Added by Stats. 1995, Ch. 200, Sec. 2.) Education Code EC 66083 Application This article does not apply to the California Community Colleges. (Added by Stats. 1995, Ch. 200, Sec. 2.) Education Code EC 66100 Chapter 3. Capital Outlay Fund A fund in the State Treasury is hereby created, to be known as the Capital Outlay Fund for Public Higher Education. All money in the Capital Outlay Fund for Public Higher Education, including any money deposited in said fund from any source whatsoever after the effective date of this chapter, shall be available, when appropriated by the Legislature, for expenditure for capital outlay purposes relating to public higher education including, but not limited to, acquisition of sites and construction of new institutions of public higher education thereon. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66103 Investment of excess funds The Director of Finance shall cause all moneys in the fund which are in excess of current requirements to be invested and reinvested from time to time in securities described in Section 16430 of the Government Code, and such securities may be sold or exchanged if in his opinion such sale or exchange is in the best interests of the state in effectuating the purposes of this chapter. All income derived from such investment, reinvestment, sale, or exchange shall be credited to the fund. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66170 Article definitions As used in this article, the following terms have the following meanings: (a) "Degree" means a degree awarded by any public postsecondary educational institution or any private postsecondary educational institution approved to operate by the Council for Private Postsecondary and Vocational Education, accredited by an agency recognized by the United States Department of Education, or operated pursuant to Section 94702. (b) "Duplicate degree tuition" means the tuition fee established pursuant to this article. (c) "Governing board" means the Trustees of the California State University, the Regents of the University of California, the Board of Directors of the Hastings College of the Law, and the California Maritime Academy Board of Governors. (d) This section shall become operative on January 1, 1997. (Amended by Stats. 1995, Ch. 758, Sec. 33.5.) Education Code EC 66171 Duplicate degree tuition (a) Each governing board shall charge duplicate degree tuition to a student who has earned a degree equivalent to or higher than the degree awarded by the program in which he or she is enrolled or who has earned a baccalaureate degree or post baccalaureate degree and is enrolled without a declared degree objective. (b) No duplicate degree tuition shall be charged to a student who is any of the following: (1) A dislocated worker, as certified by a state agency in accordance with Title 3 of the federal Job Training Partnership Act. (2) A displaced homemaker, as defined in accordance with the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.). (3) A person who is an enrollee in any program leading to a credential or certificate that has been approved by the Commission on Teacher Credentialing. (4) A recipient of benefits under the Aid to Families with Dependent Children program, the Supplemental Security Income or State Supplementary Program, or a general assistance program. (5) A participant in the Executive Fellow Program, the Jesse M. Unruh Assembly Fellowship Program, or the California Senate Associates Program, administered by the Center for California Studies of California State University, Sacramento. (c) For purposes of this article, the following shall apply: (1) A degree earned in a joint degree or double-major program shall not be considered an equivalent degree earned prior to any other degree awarded by the joint degree or double-major program. (2) A program that awards a master's degree as part of a course of study leading to a doctorate shall not be considered a program that awards the master's degree, unless the stated objective of the student is to earn the master's degree. (Amended by Stats. 1995, Ch. 308, Sec. 19.) Education Code EC 66172 Duplicate degree tuition Duplicate degree tuition shall be set by each governing board at a level not less than the marginal cost per student to the General Fund and not more than nonresident tuition, and in a manner consistent with Article 1 (commencing with Section 66150), as determined by each governing board. (Added by Stats. 1992, Ch. 705, Sec. 6.) Education Code EC 66173 Nonresident students Nonresident students, except those for whom nonresident tuition has been waived, shall not be charged duplicate degree tuition. (Added by Stats. 1992, Ch. 705, Sec. 6.) Education Code EC 66174 Student written affirmation At the time of enrollment, each governing board may require each student to file a written oath or affirmation that he or she either has not earned a degree equivalent to, or higher than, the degree awarded by the program in which he or she is enrolling or is eligible for an exemption from duplicate degree tuition. It is the intent of the Legislature that each governing board conduct selective audits of the sworn statements filed by students. (Added by Stats. 1992, Ch. 705, Sec. 6.) Education Code EC 66175 Operative date (a) This article shall become operative at the commencement of the first regular academic semester, quarter, or term commencing on or after July 1, 1993. (b) Each governing board shall report to the Legislature on or before April 1, 1993, concerning the implementation and impact of this article. (Amended by Stats. 1993, Ch. 1132, Sec. 3.) Education Code EC 66201 Chapter 4. Admissions It is the intent of the Legislature that each resident of California who has the capacity and motivation to benefit from higher education should have the opportunity to enroll in an institution of higher education. Once enrolled, each individual should have the opportunity to continue as long and as far as his or her capacity and motivation, as indicated by academic performance and commitment to educational advancement, will lead him or her to meet academic standards and institutional requirements. The Legislature hereby reaffirms the commitment of the State of California to provide an appropriate place in California public higher education for every student who is willing and able to benefit from attendance. (Amended by Stats. 1991, Ch. 1198, Sec. 11.) Education Code EC 66201.5 Student population ratio It is the intent of the Legislature that both the University of California and the California State University shall seek to maintain an undergraduate student population composed of a ratio of lower division to upper division students of 40 to 60 percent. Consistent with Section 66201, it is the intent of the Legislature that the University of California and the California State University reach and maintain this goal by instituting programs and policies that seek to increase the number of transfer students rather than by denying places to eligible freshmen applicants. (Added by Stats. 1991, Ch. 1198, Sec. 12.) 66201.7 Public Postsecondary Education The Regents of the University of California are requested to, and the Trustees of the California State University shall, require each campus in their respective systems to develop a process through which a student admitted to full-time undergraduate status may apply to defer his or her enrollment for up to one academic year. The decision as to whether to grant the deferral of the enrollment may be made, at the discretion of the affected university, on a case-by-case basis. (Added by Stats 2000, Ch. 355, Sec. 1) Education Code EC 66202 Admission priorities (a) It is the intent of the Legislature that the following categories be followed, insofar as practicable in the following numerical order, for the purpose of enrollment planning and admission priority practice at the undergraduate resident student level for the California State University and the University of California: (1) Continuing undergraduate students in good standing. (2) California Community College transfer students who have successfully concluded a course of study in an approved transfer agreement program. (3) Other California Community College students who have met all of the requirements for transfer. As stated in legislative findings, the transfer function plays a key role in meeting the state's goals of educational equity. Therefore, the Board of Regents of the University of California and the Board of Trustees of the California State University shall declare as policy for this paragraph and paragraph (2) of this subdivision that students who are eligible to transfer and who are from historically underrepresented groups or economically disadvantaged families shall be given preference, to the fullest extent possible under state and federal law, statutes, and regulations, in transfer admissions decisions, and shall design policies in conformity with state and federal statutes and regulations intended to facilitate their success in achieving transfer. (4) Other qualified transfer students. (5) California residents entering at the freshman or sophomore levels. (b) It is further the intent of the Legislature that within each of the preceding enrollment categories, the following groups of applicants receive priority consideration in admissions practice in the following order: (1) Residents of California who are recently released veterans of the armed forces of the United States. (2) Transfers from California public community colleges. (3) Applicants who have been previously enrolled at the campus to which they are applying, provided they left this institution in good standing. (4) Applicants who have a degree or credential objective that is not generally offered at other public institutions of higher learning within California. (5) Applicants for whom the distance involved in attending another institution would create financial or other hardships. (c) It is further the intent of the Legislature that those veterans referred to in paragraph (1) of subdivision (b) who were enrolled in good standing at a campus of the University of California or at one of the California State Universities prior to military service receive priority over other veterans recently released from military service. (Amended by Stats. 1991, Ch. 1188, Sec. 2.) Education Code EC 66202.5 Adequate resources The State of California reaffirms its historic commitment to ensure adequate resources to support enrollment growth, within the systemwide academic and individual campus plans to accommodate eligible California freshmen applicants and eligible California Community College transfer students, as specified in Sections 66202 and 66730. The University of California and the California State University are expected to plan that adequate spaces are available to accommodate all California resident students who are eligible and likely to apply to attend an appropriate place within the system. The State of California likewise reaffirms its historic commitment to ensure that resources are provided to make this expansion possible, and shall commit resources to ensure that students from enrollment categories designated in subdivision (a) of Section 66202 are accommodated in a place within the system. In addition, transfer students from paragraphs (2) and (3) of subdivision (a) of Section 66202, shall be accommodated at the campus or major of choice specified in the redirection agreement, the approved transfer program or written agreements, unless these majors have been declared "impacted." For impacted majors, students shall be given the opportunity to have access to the major when spaces become available, and new freshmen shall be admitted to the major in a controlled manner to ensure that all transfer students described in paragraph (2) of subdivision (a) of Section 66202 have an equitable chance of being accommodated. It is the intent of the Legislature to fund programs designed to accomplish the purposes of this subdivision through appropriations made in the Budget Act to the public institutions of higher education, and the annual Budget shall contain appropriations necessary to accommodate all students from all of the categories designated in subdivision (a) of Section 66202. The segments may, in implementing these enrollment plans and admissions practice priorities, consider the overall needs of students in maintaining a balanced program and a quality curriculum, and are expected to consider the state's goals of educational equity and racial and ethnic diversity of students and faculty in the planning and management of their admissions practices. It is further the intent of the Legislature that campus enrollment planning processes provide for the equitable treatment of the following: (1) all eligible entering freshmen; (2) continuing students in good standing; and (3) eligible community college transfer students with regard to accommodation in majors. (Amended by Stats. 1995, Ch. 758, Sec. 34.) Education Code EC 66203 Applicants denied admissions The California State University and the University of California shall keep a record of the applicants denied admission and develop and utilize an information collection system which indicates the number of qualified applicants who could not be accommodated at their campus of first choice and were redirected to campuses of alternate choice and the number of qualified redirected applicants who declined an offer of admission to an alternate campus. (Amended by Stats. 1983, Ch. 143, Sec. 49.) Education Code EC 66204 Public high schools; admissions requirements to UC and CSU (a) The Superintendent of Public Instruction shall- assist all school districts to ensure that all public high school pupils have access to a core curriculum that meets the admission requirements of the University of California and the California State University. It is the intent of the Legislature that each public high school shall provide the full precollegiate program, provide adequate course sections in precollegiate programs to accommodate all its pupils, and regularly counsel pupils to enter those programs and courses. There shall be no policy or practice in any public elementary or secondary school of directing, especially for cultural or linguistic reasons, any pupil in kindergarten or any of the grades 1 to 12, inclusive, away from choosing programs which prepare that pupil academically for college. (b) It is the intent of the Legislature that the public and independent institutions of higher education participate in programs which assist those in elementary and secondary education in meeting their responsibilities in preparing students for college. (Added by Stats. 1991, Ch. 1198, Sec. 13.) Education Code EC 66205 Standards and criteria; admissions (a) In determining the standards and criteria for undergraduate and graduate admissions to the University of California and the California State University, it is the intent of the Legislature that the governing boards do all of the following: (1) Develop processes which strive to be fair and are easily understandable. (2) Consider the use of criteria and procedures that allow students to enroll who are otherwise fully eligible and admissible but who have course deficiencies due to circumstances beyond their control, and, when appropriate, provide that the admission requires the student to make up the deficiency. (3) Consult broadly with California's diverse ethnic and cultural communities. (b) It is the intent of the Legislature that the University of California and the California State University, pursuant to Section 66201.5, seek to enroll a student body that meets high academic standards and reflects the cultural, racial, geographic, economic, and social diversity of California. (Added by Stats. 1991, Ch. 1198, Sec. 14.) Education Code EC 66207 Methodology used to adjust GPA The Regents of the University of California are requested to, and the Trustees of the California State University shall, upon the request of an applicant for admission, disclose information regarding the methodology used to adjust an applicant's grade point average. (Added by Stats. 1998, Ch. 627, Sec. 1.) Education Code EC 66210 Chapter 4.1. Emergency Evacuation Plans For Postsecondary Student Housing (a) The Office of Emergency Services shall develop guidelines for campuses of the University of California and the California State University to use in developing emergency evacuation plans for all forms of student housing owned, operated, and offered by the university, both on campus and off campus. In developing the guidelines, the Office of Emergency Services shall consider Sections 3.09 and 3.13 of Title 19 of the California Code of Regulations. The guidelines shall address all of the following issues: (1) Plan content. The plans should include, but need not be limited to, the following: (A) Specific evacuation routes that recognize the needs of persons with special needs, such as handicapped persons. (B) The designation of a meeting place or places upon evacuation. (C) The education of students and staff in emergency procedures. (2) The implementation and maintenance of the evacuation plan by the Director of Student Housing, or other appropriate officer, at the individual campuses. The director, or other appropriate officer is responsible for scheduling periodic tests of the plan and implementing changes as needed. (b) Each campus of the University of California and the California State University shall establish an emergency evacuation plan for its postsecondary student housing and may consult with the Office of Emergency Services for guidance in developing and establishing the plan (Added by Stats. 1991, Ch. 645, Sec. 1.) Education Code EC 66250 Chapter 4.5. Sex Equity In Education Act. Article 1. Title and Declaration of Purpose This chapter shall be known, and may be cited, as the Sex Equity in Education Act. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66251 Sex Equity in Education Act It is the policy of the State of California to afford all persons, regardless of their sex, ethnic group identification, race, national origin, religion, mental or physical disability, or regardless of any basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code, equal rights and opportunities in the postsecondary institutions of the state. The purpose of this chapter is to prohibit acts that are contrary to that policy and to provide remedies therefor. (Amended by Stats. 1999, Ch. 587, Sec. 7.) Reference: Penal Code 422.6 Education Code EC 66252 Sex Equity in Education Act (a) All students have the right to participate fully in the educational process, free from discrimination and harassment. (b) California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. (c) Harassment on school grounds directed at an individual on the basis of personal characteristics or status creates a hostile environment and jeopardizes equal educational opportunity as guaranteed by the California Constitution and the United States Constitution. (d) There is an urgent need to prevent and respond to acts of hate violence and bias-related incidents that are occurring at an increasing rate in California's public schools. (e) There is an urgent need to teach and inform students in the public schools about their rights, as guaranteed by the federal and state constitutions, in order to increase students' awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in postsecondary educational institutions and in society as a means of responding to potential harassment and hate violence. (f) It is the intent of the Legislature that each postsecondary educational institution undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of students to equal educational opportunity. (g) It is the intent of the Legislature that this chapter shall be interpreted as consistent with Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 1981, et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Equal Educational Opportunities Act (20 U.S.C. Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53, incl., Civ. C.), and the Fair Employment and Housing Act (Pt. 2.8 (commencing with Sec. 12900), Div. 3, Gov. C.), except where this chapter may grant more protections or impose additional obligations, and that the remedies provided herein shall not be the exclusive remedies, but may be combined with remedies that may be provided by the above statutes. (Added by Stats. 1998, Ch. 914, Sec. 49.) Reference: Government Code 11135 20 USC 1400 20 USC 1681 20 USC 1701 29 USC 794(a) 42 USC 1981 Education Code EC 66260 Sex Equity in Education Act; Definitions The definitions in this article shall govern the use of the terms defined for purposes of this chapter. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66261 Sex Equity in Education Act; Definitions "Governing board" means the governing board of a community college. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66261.5 Sex Equity in Education Act; Definitions "Postsecondary educational institution" means a public or private institution of vocational, professional, or postsecondary education; the governing board of a community college district; the Regents of the University of California; or the Trustees of the California State University. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66262 Sex Equity in Education Act; Definitions "Sex" has the same meaning as defined in Section 212. (Added by Stats. 1998, Ch. 914, Sec. 49.) Reference: Education Code 212 Education Code EC 66262.5 Sex Equity in Education Act; Definitions "Sexual harassment" has the same meaning as defined in Section 212.5. (Added by Stats. 1998, Ch. 914, Sec. 49.) Reference: Education Code 212.5 Education Code EC 66263 Sex Equity in Education Act; Definitions "State financial assistance" has the same meaning as defined in Section 213. (Added by Stats. 1998, Ch. 914, Sec. 49.) Reference: Education Code 213 Education Code EC 66264 Sex Equity in Education Act; Definitions "State student financial aid" has the same meaning as defined in Section 214. (Added by Stats. 1998, Ch. 914, Sec. 49.) Reference: Education Code 214 Education Code EC 66270 Sex Equity in Education Act; Prohibition of Discrimination No person shall be subjected to discrimination on the basis of sex, ethnic group identification, race, national origin, religion, color, or mental or physical disability, or any basis that is contained in the prohibition of hate crimes set forth in subdivision (a) of Section 422.6 of the Penal Code in any program or activity conducted by any postsecondary educational institution that receives, or benefits from, state financial assistance or enrolls students who receive state student financial aid. (Amended by Stats. 1999, Ch. 587, Sec. 8.) Reference: Penal Code 422.6 Education Code EC 66271.1 Sex Equity in Education Act; Prohibition of Discrimination The Board of Governors of the California Community Colleges and the Trustees of the California State University shall, and the Regents of the University of California may, adopt regulations as required by law to implement this chapter. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66271.5 Sex Equity in Education Act; Sex Equity in Education The provisions of this article are supplemental to any provision in the Constitution or laws of the United States or laws of the State of California, relating to discrimination. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66271.7 Discrimination Prohibited (a) It is the policy of the state that community college classes and courses, including nonacademic and elective classes and courses, shall be conducted without regard to the sex of the student enrolled in these classes and courses. (b) No community college district shall prohibit any student from enrolling in any class or course on the basis of the sex of the student. (c) No community college district shall require students of one sex to enroll in a particular class or course, unless the same class or course is also required of students of the opposite sex. (d) No school counselor, teacher, instructor, administrator, or aide shall, on the basis of the sex of a student, offer vocational or school program guidance to students of one sex which is different from that offered to students of the opposite sex or, in counseling students, differentiate career, vocational or higher education opportunities on the basis of the sex of the student counseled. Any school personnel acting in a career counseling or course selection capacity to any pupil shall affirmatively explore with the pupil the possibility of careers, or courses leading to careers, that are nontraditional for that pupil's sex. (e) Participation in a particular physical education activity or sport, if required of students of one sex, shall be available to students of each sex. (f) The Legislature finds and declares that female students are not accorded opportunities for participation in community college athletic programs equal to those accorded male students. It is the intent of the Legislature that opportunities for participation in community college athletics be provided equally to male and female students and on an equitable basis to all students. (g) Insofar as practicable, in apportioning public funds, community college district governing boards shall apportion amounts available for athletics to ensure that equitable amounts will be allocated for all students, except that allowances may be made for differences in the costs of various athletic programs. Notwithstanding any other provisions of law, no public funds shall be used in connection with any athletic program conducted under the auspices of the governing board of a community college district, or any student organization within the district, which does not provide equal opportunity to both sexes for participation and for use of facilities. Facilities and opportunities for participation shall include, but are not limited to, equipment and supplies, scheduling of games and practice time, compensation for coaches, travel arrangements, per diem, locker rooms, and medical services. (h) It is the further intent of the Legislature that females be given the same opportunity to participate in athletics and compete with other females in individual and team sports as is available to males who compete with other males in individual and team sports. Nothing in this section shall be construed to require a community college to require competition between male and female students in school-sponsored athletic programs. (Renumbered from 66271.7 and amended by Stats. 1998, Ch. 914, Sec. 51.) Education Code EC 66272 Training for military services This article shall not apply to an educational institution whose primary purpose is the training of individuals for the military services of the United States, or the merchant marine. (Renumbered from 222 and amended by Stats. 1998, Ch. 914, Sec. 19.) Education Code EC 66273 Sex Equity in Education Act; Sex Equity in Education This article shall not apply to the membership practices of a social fraternity or social sorority, exempt from taxation under subdivision (a) of Section 501 of the federal Internal Revenue Code of 1954, whose active membership consists primarily of students in attendance at a postsecondary educational institution. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66276 Scholarships and financial assistance This article shall not apply to any scholarship or other financial assistance awarded by a postsecondary educational institution to any individual upon the basis of a combination of factors related to the individual's personal appearance, poise, and talent as an award in any pageant in which participation is limited exclusively to individuals of one sex, provided that the pageant complies with other nondiscrimination provisions of state and federal law. (Renumbered from 226 and amended by Stats. 1998, Ch. 914, Sec. 22.) Education Code EC 66277 Admissions In regard to admissions to educational institutions, this article shall apply only to institutions of vocational, professional, or postgraduate education, and to public postsecondary education institutions. (Renumbered from 227 and amended by Stats. 1998, Ch. 914, Sec. 23.) Education Code EC 66278 Admissions In regard to admissions to educational institutions, this article shall not apply to any public institution of undergraduate higher education which traditionally and continually from its establishment has had a policy of admitting only students of one sex. (Renumbered from 228 and amended by Stats. 1998, Ch. 914, Sec. 24.) Education Code EC 66281.5 Sex Equity in Education Act; Sex Equity in Education (a) It is the policy of the State of California, pursuant to Section 66251, that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the postsecondary educational institution of the state. The purpose of this section is to provide notification of the prohibition against sexual harassment as a form of sexual discrimination and to provide notification of available remedies. (b) Each postsecondary educational institution in the State of California shall have a written policy on sexual harassment. It is the intent of the Legislature that each educational institution in this state include this policy in its regular policy statement rather than distribute an additional written document. (c) The postsecondary educational institution's written policy on sexual harassment shall include information on where to obtain the specific rules and procedures for reporting charges of sexual harassment and for pursuing available remedies. (d) A copy of the postsecondary educational institution's written policy on sexual harassment shall be displayed in a prominent location in the main administrative building or other area of the campus or schoolsite. "Prominent location" means that location, or those locations, in the main administrative building or other area where notices regarding the institution's rules, regulations, procedures, and standards of conduct are posted. (e) A copy of the postsecondary educational institution's written policy on sexual harassment, as it pertains to students, shall be provided as part of any orientation program conducted for new students at the beginning of each quarter, semester, or summer session, as applicable. (f) A copy of the postsecondary educational institution's written policy on sexual harassment shall be provided for each faculty member, all members of the administrative staff, and all members of the support staff at the beginning of the first quarter or semester of the school year, or at the time that there is a new employee hired. (g) A copy of the postsecondary educational institution's written policy on sexual harassment shall appear in any publication of the institution that sets forth the comprehensive rules, regulations, procedures, and standards of conduct for the institution. (Added by Stats. 1998, Ch. 914, Sec. 49.) Reference: Education Code 66251 Education Code EC 66290 Sex Equity in Education Act; Compliance and Enforcement Prior to receipt of any state financial assistance or state student financial aid, a postsecondary educational institution shall provide assurance to the agency administering the funds, in the manner required by the funding agency, that each program or activity conducted by the postsecondary educational institution will be conducted in compliance with this chapter and all other applicable provisions of state law prohibiting discrimination on the basis of sex. A single assurance, not more than one page in length and signed by an appropriate responsible official of the postsecondary educational institution, may be provided for all the programs and activities conducted by a postsecondary educational institution. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66291 Sex Equity in Education Act; Compliance and Enforcement (a) A community college district shall submit timely, complete, and accurate compliance reports to the chancellor's office, as that entity may require. (b) All reports submitted pursuant to this section shall be made available by the educational institution for public inspection during regular business hours. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66292 Discrimination (a) The governing board of a community college district shall have the primary responsibility for ensuring that community college district programs and activities are free from discrimination based on ethnic group identification, religion, age, sex, color, or physical or mental disability. (b) The Chancellor's office of the California Community Colleges shall have responsibility for monitoring the compliance of each district with any and all regulations adopted pursuant to Section 11138 of the Government Code. (Renumbered from 262 and amended by Stats. 1998, Ch. 914, Sec. 34.) Reference: Government Code 11138 Education Code EC 66292.1 Discrimination The Chancellor of the California State University and the president of each California State University campus shall have the primary responsibility for ensuring that campus programs and activities are free from discrimination based on ethnic group identification, religion, age, sex, color, or physical or mental disability. (Renumbered from 262.1 and amended by Stats. 1998, Ch. 914, Sec. 35.) Education Code EC 66292.2 Discrimination The President of the University of California and the chancellor of each University of California campus shall have primary responsibility for ensuring that campus programs and activities are free from discrimination based on ethnic group identification, religion, age, sex, color, or physical or mental disability. (Renumbered from 262.2 and amended by Stats. 1998, Ch. 914, Sec. 36.) Education Code EC 66292.3 Sex Equity in Education Act; Compliance and Enforcement (a) A party to a written complaint of prohibited discrimination may appeal the action taken by the governing board of a community college district or the president of a campus of the California State University, pursuant to this article, to the Board of Governors of the California Community Colleges or the Chancellor of the California State University, as applicable. (b) Persons who have filed a complaint, pursuant to this chapter, with an educational institution shall be advised by the educational institution that civil law remedies, including, but not limited to, injunctions, restraining orders, or other remedies or orders, may also be available to complainants. The educational institution shall make this information available by publication in appropriate informational materials. (c) Nothing in this chapter shall be construed to require an exhaustion of the appeal to the Board of Governors of the California Community Colleges or to the Chancellor of the California State University pursuant to subdivision (a), before civil law remedies may be purchased. (d) Notwithstanding any other provision of law, a person who alleges that he or she is a victim of discrimination may not seek civil remedies pursuant to this section until at least 90 days have elapsed from the filing of a discrimination complaint with the local educational agency. The 90-day moratorium imposed by this subdivision does not apply to injunctive relief and is applicable only if the local educational agency has appropriately, and in a timely manner, apprised the complainant of his or her right to file a complaint. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66292.4 Sex Equity in Education Act; Compliance and Enforcement This chapter may be enforced through a civil action. (Added by Stats. 1998, Ch. 914, Sec. 49.) Education Code EC 66300 Chapter 5. Rules of Student Conduct The Regents of the University of California, the Trustees of the California State University, and the governing board of every community college district, shall adopt or provide for the adoption of specific rules and regulations governing student behavior along with applicable penalties for violation of the rules and regulations. The institutions shall adopt procedures by which all students are informed of such rules and regulations, with applicable penalties, and any revisions thereof. (Amended by Stats. 1983, Ch. 143, Sec. 50.) Education Code EC 66301 Student freedom of speech (a) Neither the Regents of the University of California, the Trustees of the California State University, nor the governing board of any community college district shall make or enforce any rule subjecting any student to disciplinary sanction solely on the basis of conduct that is speech or other communication that, when engaged in outside a campus of those institutions, is protected from governmental restriction by the First Amendment to the United States Constitution or Section 2 of Article 1 of the California Constitution. (b) Any student enrolled in an institution, as specified in subdivision (a), that has made or enforced any rule in violation of subdivision (a) may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Upon motion, a court may award attorney's fees to a prevailing plaintiff in a civil action pursuant to this section. (c) Nothing in this section shall be construed to authorize any prior restraint of student speech. (d) Nothing in this section prohibits the imposition of discipline for harassment, threats, or intimidation, unless constitutionally protected. (e) Nothing in this section prohibits an institution from adopting rules and regulations that are designed to prevent hate violence, as defined in subdivision (a) of Section 4 of Chapter 1363 of the Statutes of 1992, from being directed at students in a manner that denies them their full participation in the educational process, so long as the rules and regulations conform to standards established by the First Amendment to the United States Constitution and Section 2 of Article 1 of the California Constitution for citizens generally. (Amended by Stats. 1993, Ch. 589, Sec. 51.) Education Code EC 66400 Chapter 6. Academic Materials No person shall prepare, offer to prepare, cause to be prepared, sell, or otherwise distribute any term paper, thesis, dissertation, or other written material for another person, for a fee or other compensation, with the knowledge, or under circumstances in which he should reasonably have known, that such term paper, thesis, dissertation, or other written material is to be submitted by any other person for academic credit at any public or private college, university, or other institution of higher learning in this state. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66401 Prohibition against writing papers for another person No person shall make or disseminate, with the intent to induce any other person to enter into any obligation relating thereto, any statement, written or oral, that he will prepare, cause to be prepared, sell, or otherwise distribute any term paper, thesis, dissertation, or other written material, for a fee or other compensation, for or on behalf of any person who has been assigned the written preparation of such term paper, thesis, dissertation, or other written material for academic credit at any public or private college, university, or other institution of higher learning in this state. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66402 Authorization of court to grant relief Any court of competent jurisdiction is hereby authorized to grant such relief as is necessary to enforce the provisions of this chapter, including the issuance of an injunction. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66403 Actions for injunctions Actions for injunction under the provisions of this chapter may be brought in the name of the people of the State of California upon their own complaint or upon the complaint of any person, or in the name of any public or private college, university, or other institution of higher learning, acting for the interest of itself, its students, or the general public. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66404 Provisions not exclusive The provisions of this chapter are not exclusive. Nothing in this chapter shall be construed to preempt or in any other way limit, diminish, or imply the absence of rights of any party, public or private, against any person in connection with any of the acts described in Section 66400 or Section 66401. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66405 Chapter definitions As used in this chapter, "person" means any individual, partnership, corporation, limited liability company, or association. As used in this chapter, "prepare" means to put into condition for intended use. "Prepare" does not include the mere typing or assembling of papers, nor the mere furnishing of information or research. (Amended by Stats. 1994, Ch. 1010, Sec. 97.) 66450 CHAPTER 6.5. UNAUTHORIZED RECORDING, DISSEMINATION, AND PUBLICATION OF ACADEMIC PRESENTATIONS FOR COMMERCIAL PURPOSES (a) Except as authorized by policies developed in accordance with subdivision (a) of Section 66452, no business, agency, or person, including, but not necessarily limited to, an enrolled student, shall prepare, cause to be prepared, give, sell, transfer, or otherwise distribute or publish, for any commercial purpose, any contemporaneous recording of an academic presentation in a classroom or equivalent site of instruction by an instructor of record. This prohibition applies to a recording made in any medium, including, but not necessarily limited to, handwritten or typewritten class notes. (b) Nothing in this section shall be construed to interfere with the rights of disabled students under law. (c) As used in this section: (1) "Academic presentation" means any lecture, speech, performance, exhibit, or other form of academic or aesthetic presentation, made by an instructor of record as part of an authorized course of instruction that is not fixed in a tangible medium of expression. (2) "Commercial purpose" means any purpose that has financial or economic gain as an objective. (3) "Instructor of record" means any teacher or staff member employed to teach courses and authorize credit for the successful completion of courses. (Added by Stats 2000, Ch. 574, Sec. 1) 66451 Grant Relief (a) Any court of competent jurisdiction may grant relief that it finds necessary to enforce this chapter, including the issuance of an injunction. Any person injured by a violation of this chapter, in addition to actual damages, may recover court costs, attorney's fees, and a civil penalty from any person who is not a student enrolled in the institution at which the instructor of record makes his or her academic presentation and who seeks to obtain financial or economic gain through the unauthorized dissemination of the academic presentation. The amount of the civil penalty shall not exceed one thousand dollars ($1,000) for the first offense, five thousand dollars ($5,000) for the second offense, and for any subsequent offense, a penalty of not less than ten thousand dollars ($10,000) or more than twenty-five thousand dollars ($25,000). (b) Actions for any relief pursuant to this chapter may be prosecuted in a court of competent jurisdiction by the Attorney General or any district attorney or by any county counsel authorized by agreement with the district attorney in actions involving violation of a county ordinance, or any city attorney of a city, or city and county, having a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city having a full-time city prosecutor or, with the consent of the district attorney, by a city attorney in any city, or city and county, in the name of the people of the State of California upon their own complaint or upon the complaint of any board, officer, person, corporation, or association or by any person acting for the interests of itself, its members, or the general public. (c) It does not constitute a violation of this chapter for a business, agency, or person solely to provide access or connection to or from a facility, system, or network over which that business, agency, or person has no control, including related capabilities that are incidental to providing access or connection. This subdivision does not apply to a business or agency that is owned by, or to a business, agency, or person that is controlled by, or a conspirator with, a business, agency, or person actively involved in the creation, editing, or knowing distribution of a contemporaneous recording that violates this chapter. (Added by Stats 2000, Ch. 574, Sec. 1) 66452 Develop Policy to Prevent (a) The Regents of the University of California and the governing boards of private postsecondary institutions are requested to, the Trustees of the California State University shall, and the governing board of each community college district may, in consultation with faculty, in accordance with applicable procedures, develop policies to prohibit the unauthorized recording, dissemination, and publication of academic presentations for commercial purposes. Nothing in this chapter is intended to change existing law as it pertains to the ownership of academic presentations. (b) The Regents of the University of California and the governing boards of private postsecondary institutions are requested to, the Trustees of the California State University shall, and the governing board of each community college district may, adopt or provide for the adoption of specific regulations governing a violation of this chapter by students, along with applicable penalties for a violation of the regulations. The regents are requested to, the trustees shall, and the governing board of each community college district may, adopt procedures to inform all students of those regulations, with applicable penalties, and any revisions thereof. (Added by Stats 2000, Ch. 574, Sec. 1) Education Code EC 66500 Chapter 7. Selective Service Registration Each public postsecondary educational institution shall make every reasonable effort to inform all male applicants for undergraduate admission of their obligation to register in accordance with the federal Military Selective Service Act (50 U.S.C. App. 451 et seq.) through one or more means, as determined by each institution. This effort may include, but is not limited to, all of the following: (a) Including a Federal Application For Student Aid form in application or registration materials. (b) Including referral information to the Selective Service Agency or its homepage in written documents, such as an application, or electronic communications, such as a homepage or an electronically mailed application. (c) Placing selective service registration cards in admissions offices, or other appropriate administrative offices. (Added by Stats. 1997, Ch. 575, Sec. 2.) Education Code EC 66600 Chapter 8. California State University The California State University shall be administered by a board designated as the Trustees of the California State University, which is hereby created. (Amended by Stats. 1981, Ch. 638, Sec. 1.) Education Code EC 66601 Terms Whenever, in any law, the term "Trustees of the State College System of California" or "Trustees of the California State University," or the term "chief executive officer of the state college system" is used, such terms shall be deemed to mean the Trustees of the California State University and the Chancellor of the California State University, respectively. (Amended by Stats. 1983, Ch. 143, Sec. 53.) Education Code EC 66602 Board members (a) The board shall be composed of the following four ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, and the person named by the trustees to serve as the Chancellor of the California State University; a representative of the alumni associations of the state university and colleges, selected for a two-year term by the alumni council, California State University, which representative shall not be an employee of the California State University during the two-year term; and 16 appointive members appointed by the Governor and subject to confirmation by two-thirds of the membership of the Senate. (b) (1) There shall also be appointed by the Governor for two-year terms, two students from California state universities or colleges who shall have at least a junior year standing at the institutions they attend, and who remain in good standing as students during the two-year term. (2) In the selection of students as members of the board, the Governor shall appoint the students from lists of names of at least two, but not more than five, persons furnished by the governing board of any statewide student organization that represents the students of the California State University and the student body organizations of the campuses of the California State University. Any appointment to fill a vacancy of a student member shall be effective only for the remainder of the term of the person's office that became vacated. (3) The term of office of one student member of the board shall commence on July 1 of an even-numbered year and expire on June 30 two years thereafter. The term of office of the other student member of the board shall commence on July 1 of an odd-numbered year and expire on June 30 two years thereafter. Notwithstanding paragraph (1), a student member who graduates from his or her college or university on or after January 1 of the second year of his or her term of office may serve the remainder of the term. (4) During the first year of a student member's term, a student member shall be a member of the board and may attend all meetings of the board and its committees. At these meetings, a student member may fully participate in discussion and debate, but may not vote. During the second year of a student member's term, a student member may exercise the same right to attend meetings of the board, and its committees, and shall have the same right to vote as the members appointed pursuant to subdivision (a). (5) Notwithstanding paragraph (4), if a student member resigns from office or a vacancy is otherwise created in that office during the second year of a student member's term, the remaining student member shall immediately assume the office created by the vacancy and all of the participation privileges of the second-year student member, including the right to vote, for the remainder of that term of office. (c) The Speaker of the Assembly shall be an ex officio member, having equal rights and duties with nonlegislative members. (d) (1) There shall also be appointed by the Governor for a two-year term, a faculty member from the California State University who shall be tenured at the California state university or college at which he or she teaches. In the selection of a faculty member as a member of the board, the Governor shall appoint the faculty member from a list of names of at least two persons furnished by the Academic Senate of the California State University. (2) The faculty member of the board appointed by the Governor pursuant to this subdivision shall not participate on any subcommittee of the board responsible for collective bargaining negotiations. (3) The term of office of the faculty member of the board shall commence on July 1 and expire on June 30 two years thereafter. (Amended by Stats. 1999, Ch. 251, Sec. 1.) Education Code EC 66603 Term of appointment trustees The term of the appointive trustees shall be eight years. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66604 Vacancy The expiration of a trustee's term of office as a member of the State Board of Education or any earlier vacancy in that office shall create a vacancy in his trusteeship, unless the term ascribed thereto by lot has already expired. In case of any vacancy on the board of trustees, the Governor shall appoint a successor for the balance of the term as to which such vacancy exists. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66604.5 Travel expense Each appointive trustee shall receive actual and necessary travel expenses and one hundred dollars ($100) for each day he or she is attending to official business. (Amended by Stats. 1998, Ch. 954, Sec. 3.) Education Code EC 66605 Advisory positions If the trustees and the Regents of the University of California both consent, the Chancellor of the California State University shall sit with the Regents of the University of California in an advisory capacity and the President of the University of California shall sit with the trustees in an advisory capacity. (Amended by Stats. 1983, Ch. 143, Sec. 54.) Education Code EC 66606 Trustees of CSU The Trustees of the California State University shall succeed to the powers, duties, and functions with respect to the management, administration, and control of the state colleges heretofore vested in the State Board of Education or in the Director of Education, including all powers, duties, obligations, and functions specified in Article 2 (commencing with Section 90010) of Chapter 8 of Part 55, and all obligations assumed by the State Board of Education pursuant to that article prior to July 1, 1961. On and after July 1, 1961, the Trustees of the California State University shall have full power and responsibility in the construction and development of any state university campus, and any buildings or other facilities or improvements connected with the California State University. The powers shall be exercised by the Trustees of the California State University notwithstanding Chapter 10 (commencing with Section 14950) of Part 5.5 of Division 3 of Title 2 of the Government Code and Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, except that the powers shall be carried out pursuant to Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2 of the Public Contract Code known as the California State University Contract Law. The Trustees of the California State University may accept gifts of land, or gifts of options on land, may accept and expend gifts of money for the purchase of land or options on land, and may enter into negotiations and contracts for the purchase of land for a future state university site in the vicinity of any of the areas specified in the recommendations contained in the Master Plan for Higher Education printed on page 42, paragraph 5, Senate Journal (Regular Session) for February 1, 1960, except that the gifts, expenditures, negotiations, and contracts shall not obligate the expenditure of any state funds for the purchase of the land or for development on the land, unless the Legislature subsequently approves the obligation by appropriating the funds for that specific purpose. Any acceptance, acceptance and expenditure, or negotiations and contract may be conditioned upon an automatic reversion back to the donor or automatic termination of the negotiations and contract if a new state university is not established at a specific site prior to a specific date designated by the trustees and the donor or the trustees and the person or corporation with whom the trustees are negotiating or contracting. (Amended by Stats. 1993, Ch. 8, Sec. 1.5.) Education Code EC 66606.2 Legislation and the California State University Recognizing the unique mission and functions of the California State University among the departments, agencies, and boards of the state, it is the intent of the Legislature that both of the following occur: (a) Before legislation that, by its terms, applies to the state or its agencies, departments, or boards, may apply to the California State University, the legislation should be compatible with the mission and functions of the California State University. (b) The California State University not be governed by any statute enacted after January 1, 1997, that does not amend a previously applicable act and that applies generally to the state or to state agencies, departments, or boards, unless the statute expressly provides that the California State University is to be governed by that statute. (Added by Stats. 1996, Ch. 938, Sec. 2.) Education Code EC 66607 Independent of political and sectarian influence The California State University shall be entirely independent of all political and sectarian influence and kept free therefrom in the appointment of its trustees and in the administration of its affairs, and no person shall be debarred admission to any department of the state university on account of sex. (Amended by Stats. 1983, Ch. 143, Sec. 56.) Education Code EC 66609 Transfer of employees All state employees employed on June 30, 1961, in carrying out functions transferred to the Trustees of California State University by this chapter, except persons employed by the Director of Education in the Division of State Colleges and Teacher Education of the Department of Education, are transferred to the California State University. Nonacademic employees so transferred shall retain their respective positions in the state service, together with the personnel benefits accumulated by them at the time of transfer, and shall retain such rights as may attach under the law to the positions which they held at the time of transfer. All nonacademic positions filled by the trustees on and after July 1, 1961, shall be by appointment made in accordance with Chapter 5 (commencing with Section 89500) of Part 55, and persons so appointed shall be subject to the provisions of Chapter 5. The trustees shall provide, or cooperate in providing, academic and administrative employees transferred by this section with personnel rights and benefits at least equal to those accumulated by them as employees of the state colleges, except that any administrative employee may be reassigned to an academic or other position commensurate with his or her qualifications at the salary fixed for that position. An administrative employee so reassigned shall have a right to appeal from such reassignment, but only as to whether the position to which he or she is reassigned is commensurate with his or her qualifications. All academic and administrative positions filled by the trustees on and after July 1, 1961, shall be filled by appointment made solely at the discretion of the trustees. The trustees shall establish and adjust the salaries and classifications of all academic, nonacademic, and administrative positions and neither Section 18004 of the Government Code nor any other provision of law requiring approval by a state officer or agency for salaries or classifications shall be applicable thereto. In establishing and adjusting salaries, consideration shall be given to the maintenance of the state university in a competitive position in the recruitment and retention of qualified personnel in relation to other educational institutions, private industry, or public jurisdictions which are employing personnel with similar duties and responsibilities. The establishment and adjustment of salaries for nonacademic employees shall be in accordance with the standards prescribed in Section 18850 of the Government Code. The trustees, however, shall make no adjustments which require expenditures in excess of existing appropriations available for the payment of salaries. The provisions of Chapter 5 (commencing with Section 89500) of Part 52 relating to appeals from dismissal, demotion, or suspension shall be applicable to academic employees. Persons excluded from the transfer made by this section shall retain all the rights and privileges conferred upon civil service employees by law. Personnel of state agencies employed in state university work other than those transferred by this section and who are employed by the trustees prior to July 1, 1962, shall be provided with personnel rights and benefits at least equal to those accumulated by them as employees of such state agencies. If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of the Government Code, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act. (Amended by Stats. 1983, Ch. 143, Sec. 57.) Education Code EC 66700 Chapter 9. Community Colleges The California Community Colleges are postsecondary schools and shall continue to be a part of the public school system of this state. The Board of Governors of the California Community Colleges shall prescribe minimum standards for the formation and operation of the California Community Colleges and exercise general supervision over the California Community Colleges. (Amended by Stats. 1990, Ch. 1372, Sec. 219.) Education Code EC 66720 Chapter 9.2. Student Transfer The Board of Governors of the California Community Colleges, the Regents of the University of California, and the Trustees of the California State' University, with appropriate consultation with the Academic Senates of the respective segments, shall jointly develop, maintain, and disseminate a common core curriculum in general education courses for the purposes of transfer. Any person who has successfully completed the transfer core curriculum, shall be deemed to have thereby completed all lower division general education requirements for the University of California and the California State University. (Added by Stats. 1988, Ch. 973, Sec. 7.) Education Code EC 66721 Core curriculum Upon development of the transfer core curriculum pursuant to Section 66720, and upon any subsequent joint revision of that curriculum, the Board of Governors of the California Community Colleges, the Regents of the University of California and the Trustees of the California State University shall jointly cause the curriculum to be published and distributed to each public school in this state that provides instruction in any of the grades 7 to 12, inclusive, and to each community college in this state, with an emphasis on the communication of that information to each school or college having a high proportion of students who are members of one or more ethnic minorities. In addition, the Board of Governors shall distribute that transfer core curriculum to the State Board of Education, which shall apply that information to ensure, through its curriculum development activities, that public school pupils enrolled in any of the grades 9 to 12, inclusive, are aware of the academic requirements for preparation for higher education and may receive any necessary academic remediation in a timely manner. (Added by Stats. 1988, Ch. 973, Sec. 7.) 66721.5 Access to Transfer Information for Community College Students Act (a) (1) The governing board of each community college district shall direct the appropriate officials at their respective campuses to provide each of their students with a copy of the current transfer core curriculum. (2) As used in this section, "transfer core curriculum" means the lower-division, general education transfer curriculum that, pursuant to Section 66720, is fully articulated between the California Community Colleges and the California State University and University of California. (b) A copy of the current transfer core curriculum shall be distributed to each newly admitted community college student who is enrolled in a degree or certification program and is physically in attendance at the institution. (c) The governing board of a community college district shall ensure that the text of the current transfer core curriculum is included in the published class schedule for each academic term. Copies of the transfer core curriculum may also be made available in other locations on each campus, including, but not necessarily limited to, all of the following: (1) The admissions office. (2) The bookstore. (3) The career counseling center. (4) The veteran's affairs office. (d) Notwithstanding subdivision (c), the governing board of a community college may, as an alternative to the methods of distribution set forth in subdivision (c), distribute copies of the current transfer core curriculum by any of the following means: (1) During the registration process. (2) By mail, with the registration materials or the enrollment materials, or both, or with other items sent to students. (3) During the issuance of student identification cards. (4) During student orientation programs. (e) Nothing in this section shall be construed to limit the distribution of the transfer core curriculum to community college students. (Added by Stats. 2000, Ch. 187, Sec. 3.) Education Code EC 66722 Transfer system It is the intent of the Legislature that the transfer function shall be a central institutional priority of all segments of higher education in California, and that the segments shall have as a fundamental policy and practice the maintenance of an effective transfer system. (Added by Stats. 1991, Ch. 1198, Sec. 17.) Education Code EC 66722.5 Transfer agreement programs It is the intent of the Legislature that the segments of higher education shall pursue the development of transfer agreement programs that specify the curricular requirements that must be met, and the level of achievement that must be attained, by community college students in order for those students to transfer to the campus, undergraduate college, or major of choice in the public four-year segments. (Added by Stats. 1991, Ch. 1198, Sec. 18.) Education Code EC 66730 Article 2. Transfer Functions (a) The Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges shall have as a fundamental policy the maintenance of a healthy and expanded student transfer system. Both the University of California and the California State University shall have as a basic enrollment policy the maintenance of upper division enrollment, which are students who have attained upper division status, at 60 percent of total undergraduate enrollment. This goal shall be met through programs aimed at increasing the numbers of qualified transfer students from the community colleges without denying eligible freshmen applicants. (1) The California State University shall maintain its upper division enrollment, which are students who have attained upper division status, at approximately 60 percent of total undergraduate enrollment. Its planning documents shall reflect this policy. (2) Commencing in the 1991-92 academic year, the University of California shall progressively increase the percentage that upper division enrollment systemwide is of total undergraduate enrollment through the 1995-96 academic year until that percentage reaches approximately 60 percent. This shall be accomplished through increases in the numbers of community college transfer students admitted to upper division standing at the university without denying eligible freshmen applicants. Planning documents shall reflect these expected increases. (b) The governing board of each segment shall ensure that individual university and college campus enrollment plans include adequate upper division places for community college transfer students in all undergraduate colleges or schools, and that each undergraduate college or school on each campus participates in developing articulation and transfer agreement programs with community colleges. The governing boards shall meet this goal within their respective general statewide planning framework used to attain and maintain the state's goal of a 60/40 ratio of upper to lower division students, their segmental enrollment planning processes, and campus planning regarding program balance, educational quality, and other relevant goals. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66731 Student matriculation Student matriculation from community colleges through the University of California and the California State University shall be recognized by the Governor, Legislature, and the governing boards of each of California's public postsecondary education segments as a central institutional priority of all segments of higher education. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66732 Transfer program The governing boards of each segment shall declare as policy that the student transfer agreement program shall constitute a significant role in achieving the goal of student diversity within their segments, and in ensuring that all students, particularly those currently underrepresented in higher education, have access to a university education. The governing boards of each segment shall design, adopt, and implement policies intended to facilitate successful movement of students from community colleges through the University of California and the California State University. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66734 Community college courses to meet lower division requirements The Board of Governors of the California Community Colleges shall have the authority and responsibility to guarantee that all community college students have access to courses that meet the lower division baccalaureate degree requirements of the California public universities. The Board of Governors of the California Community Colleges with the cooperation of the Regents of the University of California and the Trustees of the California State University, shall ensure that all students are clearly and fully informed as to which community college courses and units are transferable and meet the general education and lower division major requirements at the California State University and the University of California. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66736 Transfer counseling Each community college district governing board shall ensure that its college or colleges maintain student transfer counseling centers or other counseling and student services designed and implemented to affirmatively seek out, counsel, advise, and monitor the progress of potential and identified community college transfer students. All policies and procedures shall give preference and emphasis toward enhancing the transfer of students from economically disadvantaged families and students from traditionally underrepresented minorities, to the fullest extent possible under state and federal statutes and regulations. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66737 Transfers The Regents of the University of California, the Trustees of the California State University, and the Board of Governors of the California Community Colleges are expected to develop new programs of outreach, recruitment, and cooperation between and among the three segments of public higher education to facilitate the successful transfer of students between the community colleges and the universities every community college student who successfully completes the transfer agreement programs, as defined in Section 66738, in a community college shall have an appropriate place in an upper division university program. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66738 Elements of transfer system (a) The governing board of each public postsecondary education segment shall be accountable for the development and implementation of formal systemwide articulation agreements and transfer agreement programs, including those for general education or a transfer core curriculum and other appropriate procedures to support and enhance the transfer function. (b) The elements in a comprehensive transfer system shall include, but not be limited. to, the following: (1) Enrollment and resource planning; intersegmental faculty curricular efforts. (2) Coordinated counseling. (3) Financial aid and transfer services. (4) Transfer articulation agreements and programs. (5) Specific efforts to improve diversity. (6) Early outreach activities. (7) Expansion of current practices relating to concurrent enrollment of community college students in appropriate university courses. (8) Centers. (c) The governing board o f each segment shall expand existing practices related to concurrent enrollment, in which community college students are provided the opportunity to take courses at University of California and California State University campuses, as space is available; and to expand opportunities for potential transfer students to participate in activities that familiarize them with the university campus. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66740 Articulation agreements Each department, school, and major in the University of California and California State University shall develop, in conjunction with community college faculty in appropriate and associated departments, discipline-specific articulation agreements and transfer program agreements for those majors that have lower division prerequisites. Faculty from the community colleges and university campuses shall participate in discipline-specific curriculum development to coordinate course content and expected levels of student competency. Where specific majors are impacted or over-subscribed, the prescribed course of study and minimum grade point average required for consideration for upper division admission to all of these majors shall be made readily available to community college counselors, faculty, and students on an annual basis. In cases where the prescribed course of study is altered by the university department, notice of the modification shall be communicated to appropriate community college faculty and counselors at least one year prior to the deadline for application to that major and implementation by the department responsible for teaching that major. Community college districts, in conjunction with the California State University and the University of California, shall develop discipline-based agreements with as many campuses of the two university segments as feasible, and no fewer than three University of California campuses and five California State University campuses. The development of these agreements shall be the mutual responsibility of all three segments, and no one segment should bear the organizational or financial responsibility for accomplishing these goals. The Chancellor of the California Community Colleges and the President of the University of California shall begin the process of setting priorities to determine which community colleges will receive first attention for the development of agreements. Criteria for priority determination shall include, but not be limited to, the percentage and number of students from economically disadvantaged families and underrepresented racial and ethnic minorities, and community colleges which traditionally have not transferred many students to the University of California. The priority list shall be completed by March 1, 1992. These considerations shall not be used in any way to displace current agreements between any community college and the University of California or the California State University. The Chancellor of the California Community Colleges and the Chancellor of the California State University system shall begin the process of setting priorities to determine which community colleges will receive first attention for the development of agreements. Criteria for priority determination shall include, but not be limited to, the percentage and number of students from economically disadvantaged families and underrepresented racial and ethnic minorities, and community colleges which traditionally have not transferred many students to California State Universities. The priority list shall be completed by March 1, 1992. These considerations shall not be used in any way to displace current agreements between any community college and the University of California or the California State University. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66741 Transfer agreement programs As a result of systemwide and interinstitutional agreements, each community college student shall be assured of the opportunity to enter into a transfer agreement program enabling a student to receive high priority consideration, attain equivalent special treatment, or enter into a contract when applying for university admission at the advanced standing level. It is recognized that eligibility for transfer agreement programs will require completion of certain requirements as defined in interinstitutional agreements. It is also recognized that access to majors of choice will in most cases, require completion of additional requirements, such as specialized coursework and attainment of a specialized grade point average. Transfer agreement programs also shall carry high priority access to majors of choice. The University of California and the California State University shall require that continuing undergraduate students and community college transfer students are assessed against a common set of criteria for upper division standing to a specific major. However, generally speaking, access to these programs shall require completion of specialized coursework and attainment of a grade point average above the minimums defined in general admission requirements, such as those used in supplementary admission criteria for impacted or over-subscribed programs. Alternatively, students may also, by meeting the University of California or California State University requirements for admission at the advanced standing level, simply wish to apply as required. All students meeting these admission requirements shall be guaranteed a place somewhere in the University of California or California State University system, as appropriate. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66742 Reports The governing boards of the three public segments of higher education shall present annual statistical reports on transfer patterns via the California Postsecondary Education Commission to the Governor and Legislature. The reports shall include recent statistics on student enrollments by campus, segment, gender, ethnicity, and the ratio of upper division to lower division, including information on both freshman and transfer student access to the system. These reports should include, to the extent that data are available or become available, data on application, admission and enrollment information for all students by sex, ethnicity, and campus. For transfer students, this data shall indicate the segment of origin for all students. In addition, data shall be separately identified for transfer students from California Community Colleges, and shall identity the subset of applications which are completed together with admission, enrollment, and declared major information for that group. The reports shall describe the number of transfer agreements, if any, whose terms and conditions were not satisfied by either the California State University or the University of California, the number of California Community College transfer students denied either admission to the student's first choice of a particular campus of the California State University or the University of California or the student's first choice of a major field of study, and, among those students, the number of students who, upon denial of either of the student's first choices, immediately enrolled at another campus of the California State University or the University of California. The reports shall also include information by sex and ethnicity on retention and degree completion for transfer students as well as for native students, and the number and percentage of baccalaureate degree recipients who transferred from a community college. (Added by Stats. 1991, Ch. 1188, Sec. 5.) Education Code EC 66743 Transfer programs The California Postsecondary Education Commission is requested to convene an intersegmental advisory committee on transfer access and performance for the purposes of presenting biennial reports to the Governor and the Legislature on the status of transfer policies and programs, the diligence of each segment's board, and the effectiveness of these programs in meeting the state's goals for transfer. The report shall include information about all of the following: (a) The effectiveness of transfer agreement programs and activities in enhancing the transfer function overall as well as the extent to which transfer program activities have been directed at students who have been historically underrepresented in the University of California and the California State University. (b) The status of the implementation of the transfer core curriculum as described in Section 66720 for each community college, including information about the extent to which sophomore level courses needed for transfer are available on all community college campuses. (c) Progress that has been made in achieving articulation agreements in those specific majors that have lower division prerequisites, and the dissemination of this information. The committee shall also explore methods to systematically measure the extent to which the state's goals of freshmen and transfer student access are being met, including analyses of the number of fully eligible freshmen or transfer students who are denied access to the system, and the reasons for that denial. The committee shall also address ways in which sharing of information about transfer students among the segments can be improved, including early identification of potential transfer students for intensive recruitment purposes. The Governor and the Legislature shall monitor the success of the University of California and the California State University in achieving their targeted enrollment levels and in implementing these reforms. A substantial failure to implement reform, to achieve the 60/40 ratio by the designated dates, or to improve the transfer rate of historically underrepresented groups significantly, shall precipitate legislative hearings to determine the reasons why any one or all of these goals have not been met. (Amended by Stats. 1995, Ch. 758, Sec. 38.) Education Code EC 66750 Chapter 9.5. Cross-Enrollment For purposes of this chapter, the following definitions apply: (a) "Home campus" means the campus at which the student is matriculated. (b) "Host campus" means the campus to which the student seeks access. (Added by Stats. 1994, Ch. 552, Sec. 2.) Education Code EC 66751 Enrollment in one course in other system Any student enrolled in any campus of the California Community Colleges, the California State University, or the University of California who meets the requirements of Section 66752 may enroll without formal admission and, except as provided in Section 66753, payment of additional fees, in a maximum of one course per academic term at a campus of either of the other systems on a space available basis at the discretion of the appropriate campus authorities on both campuses. A student enrolled in a course pursuant to this chapter shall be provided access to necessary instructional support services at the host campus in the same manner as students regularly enrolled in the course. (Added by Stats. 1994, Ch. 552, Sec. 2.) Education Code EC 66752 Participation requirements A student is qualified to participate in the program established by this chapter if he or she is enrolled in any campus of the California Community Colleges, the California State University, or the University of California and meets the following requirements: (a) The student has completed at least one term at the home campus as a matriculated student and is taking at least six units at the home campus during the current term. (b) The student has attained a grade point average of 2.0 (grade of C) for work completed. (c) The student has paid appropriate tuition or fees, or both, required by the home campus for the academic term in which the student seeks to cross-enroll. (d) The student has the appropriate academic preparation. as determined by the host campus, consistent with the standard applied to currently enrolled students, to enroll in the course in which the student seeks to enroll. (Added by Stats. 1994, Ch. 552, Sec. 2.) Education Code EC 66752.5 Course not subject to chapter Courses that are not state-supported, including extension and summer session courses, are not subject to this chapter. (Added by Stats. 1994, Ch. 552, Sec. 2.) Education Code EC 66753 Host campus and home campus responsibilities (a) The Chancellor of the California Community Colleges, the Chancellor of the California State University, and the President of the University of California shall establish procedures so that a student meeting the requirements of Section 66752 may be certified by the home campus as to eligibility, residence, fee, financial aid, and health status. The host campus may require the applicant to submit additional information as needed. The host campus may charge participating students an administration fee, not to exceed ten dollars ($10) per academic term. (b) A student enrolled pursuant to this chapter shall be exempt from participation in the matriculation services described in Article 1 (commencing with Section 78210) of Chapter 2 of Part 48. (Added by Stats. 1994, Ch. 552, Sec. 2.) Education Code EC 66753.5 Head count calculation The enrollment of a student at a host campus pursuant to this chapter shall not be counted in the calculation of headcount or full-time equivalent student enrollment at the host campus. The home campus may count in the calculation of headcount or full-time equivalent student enrollment only those units for which the student is enrolled at the home campus. (Amended by Stats. 1995, Ch. 758, Sec. 38.7) Education Code EC 66754 Commencement date This chapter shall become operative commencing with the fall 1995 term. (Added by Stats. 1994, Ch. 552, Sec. 2.) Education Code EC 66755 Evaluation and report (a) The California Community Colleges, the California State University, and the University of California shall evaluate the impact of the program established by this chapter, and shall report to the California Postsecondary Education Commission on or before June 30, 2002, on student use, revenue implications, and other issues that may be identified to judge satisfactorily the program's efficiency and determine whether it should be established permanently. (b) The California Postsecondary Education Commission shall prepare a report based on the information received from the segments pursuant to subdivision (a) and, notwithstanding Section 7550.5 of the Government Code, shall present the report, with recommendations, to the Governor and the Legislature on or before December 1, 2002. If, in the determination of the commission, the program established by this chapter appears to be underutilized, the report shall include the comments of the commission with respect to the reasons for the underutilization and options for increasing participation in the program. (Amended by Stats. 2001, Ch. 745, Sec. 31.5.) Education Code EC 66756 Effective dates This chapter shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2004, deletes or extends that date. (Amended by Stats. 1999, Ch. 688, Sec. 2.) Education Code EC 66800 Chapter 10. Interstate Attendance Agreements The Legislature recognizes that existing community colleges in California may benefit from larger and more heterogeneous enrollment in certain curricula and that additional enrollment may often be added with little or no increase in the total operational cost of a given curriculum. It also recognizes that California residents can be provided more complete and more useful curricula in many cases if the curricula is planned and offered on the basis of the needs of an entire region. The Legislature encourages California community college districts and the Board of Governors of the California Community Colleges to include the educational needs of, and facilities available in, territory adjacent to California in their planning and to make use of those needs and facilities to the extent possible in the conduct of community college education in California. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66801 Interstate attendance agreement The Board of Governors of the California Community Colleges is authorized to enter into an interstate attendance agreement with any statewide public agency of another state, which is responsible for public schools providing instruction in grades 13 and 14 and which is an agency of a state which is a party to the Western Interstate Compact for Higher Education, for the exchange of residents, on a one-for-one basis, for the purposes of instruction. The agreement shall contain such terms as the board of governors may adopt and which are consistent with the authority and responsibility of California community college districts and the community colleges they maintain. In no event shall such an agreement permit or require the entry of California residents into institutions in another state on terms substantially different from those governing the admission of residents of the other state to California community colleges. Such agreements shall contain the provision that no additional state funds shall be required to carry out the provisions of this chapter. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66802 Interstate attendance agreement The governing board of each California community college district is authorized to participate in an interstate attendance agreement entered into by the board of governors. The governing board of a California community college district elects to participate by adopting a resolution to that effect and filing that resolution with the board of governors. The participation may be limited in any manner which is consistent with terms of the interstate attendance agreement in which the district desires to participate. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66803 Waiver of nonresident tuition If the governing board of a California community college district elects to participate in an interstate attendance agreement, it may waive, as a condition to such participation, all or part of the nonresident tuition required by Section 76140 in accordance with the terms of that interstate attendance agreement. Such a waiver shall apply only to students attending a community college maintained by that district pursuant to the provisions of that interstate attendance agreement. (Amended by Stats. 1981, Ch. 470, Sec. 33.) Education Code EC 66804 Rules and regulations The board of governors may adopt rules and regulations to implement the provisions of this article as these provisions apply to California community college districts or to the State of California. Such rules and regulations shall contain the provision that no additional state funds shall be required to carry out the provisions of this chapter. (Amended by Stats. 1979, Ch. 797.) Education Code EC 66900 Legislative findings (a) It is the intent of the Legislature that the California Postsecondary Education Commission (CPEC) be responsible for coordinating public, independent, and private postsecondary education in California and providing independent policy analyses and recommendations to the Legislature and the Governor on postsecondary education issues. In this respect, the Legislature finds as follows: (1) California, in its adoption of the 1960 Master Plan for Higher Education, established the Coordinating Council for Higher Education, the commission's predecessor as the statewide coordinating and planning board for higher education. (2) In 1973, the Legislature's Joint Committee on Higher Education reviewed the 1960 Master Plan for Higher Education and ultimately advanced a report that included recommendations for strengthening California's higher education plan. The committee's work resulted in the disestablishment of the Coordinating Council for Higher Education and the establishment of the California Postsecondary Education Commission. (3) Assembly Bill 770 (Chapter 1187 of the Statutes of 1973) strengthened the membership of the commission by having a majority of its members represent the general public. That bill also increased the commission's responsibilities with respect to advising the Legislature and the Governor on issues related to governance, operation, and financing of higher education in California. (4) Since 1974, the commission has served as the state's independent planning and coordination agency for postsecondary education policy, responsible for providing analyses and recommendations to the Legislature and the Governor related to long-range planning for public postsecondary education and the state policy and programs involving independent and private postsecondary education sectors. (5) In 1990, Senate Bill 1570 (Chapter 1587 of the Statutes of 1990) codified the commission's mission statement developed by the 1989 Joint Committee for the Review of the Master Plan for Higher Education. (6) The commission has administered specifically designated federal programs and in July 1993, it was named the state's designated agency to administer the new federal state postsecondary review entity (SPRE). (b) It is the intent of the Legislature that the commission maintain the essential role it plays in coordinating all sectors of postsecondary education, both public and private, given the size, scope, and complexity of California's higher education system. (c) It is further the intent of the Legislature, as follows: (1) That the education policy recommendations of the commission shall be a primary consideration in developing state policy and funding for postsecondary education. (2) That the commission shall develop and maintain a data collection system capable of documenting the performance of postsecondary education institutions in meeting the post high school education and training needs of California's diverse population. (3) That the commission, as the state's planning and coordinating agency, shall ensure the effective utilization of public postsecondary education resources, thereby eliminating waste and unnecessary duplication, and shall promote diversity, innovation, and responsiveness to student and societal needs. (4) That the commission shall encourage the participation of faculty members, students, administrators, and members of the general public in carrying out its duties and responsibilities. (Repealed and added by Stats. 1995, Ch. 758, Sec. 39 and 40.) Education Code EC 66901 California Postsecondary Education Commission There is hereby created the California Postsecondary Education Commission, which shall be advisory to the Governor, the Legislature, other appropriate governmental officials, and institutions of postsecondary education. The commission shall be composed of the following members: (a) One representative of the Regents of the University of California designated by the regents, one representative of the Trustees of the California State University designated by the trustees, and one representative of the Board of Governors of the California Community Colleges designated by the board. Representatives of the regents, the trustees, and the board of governors shall be chosen from among the appointed members of their respective boards, but in no instance shall an ex offlcio member of a governing board serve on the commission. (b) One representative of the independent California colleges and universities that are formed and operated as nonprofit corporations in this state and are accredited by a regional association that is recognized by the United States Department of Education. This member shall be appointed by the Governor from a list or lists submitted by an association or associations of those institutions. (c) The chair or the designee of the chair of the Council for Private Postsecondary and Vocational Education. (d) The President of the State Board of Education or his or her designee from among the other members of the board. (e) Nine representatives of the general public appointed as follows: three by the Governor, three by the Senate Rules Committee, and three by the Speaker of the Assembly. It is the intent of the Legislature that the commission be broadly and equitably representative of the general public in the appointment of its public members and that the appointing authorities, therefore, shall confer to assure that their combined appointments include adequate representation on the basis of sex and on the basis of the significant racial, ethnic, and economic groups in the state. (f) Two student representatives, each of whom shall be enrolled at a California postsecondary education institution at the time of appointment and during the term of service, except that a student member who graduates from an institution with no more than six months of his or her term remaining shall be permitted to serve for the remainder of the term. The Governor shall appoint the student members from persons nominated by the appropriate student organizations of each of the postsecondary education segments. For each student member of the commission, the appropriate student organization may submit a list of nominees. The list shall specify not less than three and not more than five nominees. The appropriate student organization for each segment shall be a composite group of at least five representative student government associations, as determined by the commission. (g) The student member appointed to the commission shall not be enrolled in the same segment as the outgoing student member or in the same segment of the other sitting student member. (h) No person who is employed by any institution of public or private postsecondary education shall be appointed to or serve on the commission, except that a person who is not a permanent, full-time employee and who has part-time teaching duties that do not exceed six hours per week may be appointed to and serve on the commission. The commission members designated in subdivisions (a), (c), and (d) shall serve at the pleasure of their respective appointing authorities. The member designated in subdivision (b) shall serve a three-year term. The members designated in subdivision (e) shall each serve a six-year term. The members designated in subdivision shall each serve a two-year term. The respective appointing authority may appoint an alternate for each member who may, during the member's absence, serve on the commission and vote on matters before the commission. When vacancies occur prior to expiration of terms, the respective appointing authority may appoint a member for the remainder of the term. Any person appointed pursuant to this section may be reappointed to serve additional terms. All terms subsequent to the initial appointments, which became effective on January 10, 1974, shall begin on January 1 of the year in which the respective terms are to start. Any person appointed pursuant to this section who no longer has the position that made him or her eligible for appointment may nonetheless complete his or her term of office on the commission. No person appointed pursuant to this section shall, with respect to any matter before the commission, vote for or on behalf of, or in any way exercise the vote of, any other member of the commission. The commission shall meet as often as it deems necessary to carry out its duties and responsibilities. Any member of the commission who in any calendar year misses more than one-third of the meetings of the full commission forfeits his or her office, thereby creating a vacancy. The commission shall select a chair from among the members representing the general public. The chair shall hold office for a term of one year and may be selected to successive terms. There is established an advisory committee to the commission and the director, consisting of the chief executive officers of each of the public segments, or their designees, the Superintendent of Public Instruction or his or her designee, and an executive officer from each of the groups of institutions designated in subdivisions (b) and (c) to be designated by the respective commission representative from these groups. Commission meeting agenda items and associated documents shall be provided to the committee in a timely manner for its consideration and comments. The commission may appoint any subcommittees or advisory committees it deems necessary to advise the commission on matters of educational policy. The advisory committees may consist of commission members or nonmembers, or both, including students, faculty members, segmental representatives, governmental representatives, and representatives of the public. The commission shall appoint and may remove a director in the manner hereafter specified. The director shall appoint persons to any staff positions the commission may authorize. The commission shall prescribe rules for the transaction of its own affairs, subject, however, to all the following requirements and limitations: (1) The votes of all representatives shall be recorded. (2) Effective action shall require the affirmative vote of a majority of all the duly appointed members of the commission, not including vacant commission seats. (3) The affirmative votes of two-thirds of all the duly appointed members of the commission, not including vacant commission seats, shall be necessary to the appointment of the director. (Amended by Stats. 1993, Ch. 8, Sec. 2.) Education Code EC 66902 Commission power to request data The commission shall have power to require the governing boards and the institutions of public postsecondary education to submit data on plans and programs, costs, selection and retention of students, enrollments, plant capacities and other matters pertinent to effective planning, policy development, articulation and coordination, and shall furnish information concerning such matters to the Governor and to the Legislature as requested by them. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 66903 Commission function; plan The commission has the following functions and responsibilities in its capacity as the statewide postsecondary education planning and coordinating agency and adviser to the Legislature and the Governor: (a) It shall require the governing boards of the segments of public postsecondary education to develop and submit to the commission institutional and systemwide long-range plans in a form determined by the commission after consultation with the segments. (b) It shall prepare a state plan for postsecondary education that shall integrate the planning efforts of the public segments with other pertinent plans. The commission shall seek to resolve conflicts or inconsistencies among segmental plans in consultation with the segments. If these consultations are unsuccessful, the commission shall report the unresolved issues to the Legislature with recommendations for resolution. In developing the plan, the commission shall consider at least the following factors: (1) The need for, and location of, new facilities. (2) The range and kinds of programs appropriate to each institution or system. (3) The budgetary priorities of the institutions and systems of postsecondary education. (4) The impact of various types and levels of student charges on students and on postsecondary education programs and institutions. (5) The appropriate levels of state-funded student financial aid. (6) The access and admission of students to postsecondary education. (7) The educational programs and resources of independent and private postsecondary institutions. (8) The provisions of this division differentiating the functions of the public systems of higher education. (c) It shall update the plan periodically, as appropriate. (d) It shall participate in appropriate stages of the executive and the legislative budget processes as requested by the executive and the legislative branches, and shall advise the executive and the legislative branches as to whether segmental programmatic budgetary requests are compatible with the state plan. It is not intended that the commission hold independent budget hearings. (e) It shall advise the Legislature and the Governor regarding the need for, and location of, new institutions and campuses of public higher education. (f) It shall review proposals by the public segments for new programs, the priorities that guide them, and the degree of coordination with nearby public, independent, and private postsecondary educational institutions, and shall make recommendations regarding those proposals to the Legislature and the Governor. (g) In consultation with the public segments, it shall establish a schedule for segmental review of selected educational programs, evaluate the program approval, review, and disestablishment processes of the segments, and report its findings and recommendations to the Legislature and the Governor. (h) It shall serve as a stimulus to the segments and institutions of postsecondary education by projecting and identifying societal and educational needs and encouraging adaptability to change. (i) It shall periodically collect or conduct, or both collect and conduct, studies of projected manpower supply and demand, in cooperation with appropriate state agencies, and disseminate the results of those studies to institutions of postsecondary education and to the public in order to improve the information base upon which student choices are made. (j) It shall periodically review and make recommendations concerning the need for, and availability of, postsecondary programs for adult and continuing education. (k) It shall develop criteria for evaluating the effectiveness of all aspects of postsecondary education. (l) It shall maintain and update annually an inventory of all off-campus programs and facilities for education, research, and community services operated by public and independent institutions of postsecondary education. (m) (1) It shall act as a clearinghouse for postsecondary education information and as a primary source of information for the Legislature, the Governor, and other agencies. It shall develop and maintain a comprehensive data base that does all of the following: (A) Ensures comparability of data from diverse sources. (B) Supports longitudinal studies of individual students as they progress through the state's postsecondary educational institutions, based upon the commission's existing student data base through the use of a unique student identifier. (C) Is compatible with the California School Information System and the student information systems developed and maintained by the public segments of higher education, as appropriate. (D) Provides Internet access to data, as appropriate, to the sectors of higher education. (E) Provides each of the educational segments access to the data made available to the commission for the purposes of the data base, in order to support, most efficiently and effectively, statewide, segmental, and individual campus educational research information needs. (2) The commission, in implementing paragraph (1), shall comply with the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g) relating to the disclosure of personally identifiable information concerning students. (3) The commission may not make available any personally identifiable information received from a postsecondary educational institution concerning students for any regulatory purpose unless the institution has authorized the commission to provide that information on behalf of the institution. (4) The commission shall provide 30-day notification to the chairpersons of the appropriate legislative policy and budget committees of the Legislature, to the Director of Finance, and to the Governor prior to making any significant changes to the student information contained in the data base. (n) It shall establish criteria for state support of new and existing programs, in consultation with the public segments, the Department of Finance, and the Joint Legislative Budget Committee. (o) It shall comply with the appropriate provisions of the federal Education Amendments of 1972 (P.L. 92-318), as specified in Section 67000. (p) It shall consider the relationship among academic education and vocational education and job training programs, and shall actively consult with representatives of public and private education. (q) It shall review all proposals for changes in eligibility pools for admission to public institutions and segments of postsecondary education and shall make recommendations to the Legislature, the Governor, and institutions of postsecondary education. In carrying out this subdivision, the commission periodically shall conduct a study of the percentages of California public high school graduates estimated to be eligible for admission to the University of California and the California State University. The changes made to this subdivision during the 2001-02 Regular Session of the Legislature shall be implemented only during those fiscal years for which funding is provided for the purposes of those provisions in the annual Budget Act or in another measure. (r) It shall report periodically to the Legislature and the Governor regarding the financial conditions of independent institutions, their enrollment and application figures, the number of student spaces available, and the respective cost of utilizing those spaces as compared to providing additional public spaces. The reports shall include recommendations concerning state policies and programs having a significant impact on independent institutions. (s) Upon request of the Legislature or the Governor, it shall submit to the Legislature and the Governor a report on all matters so requested that are compatible with its role as the statewide postsecondary education planning and coordinating agency. Upon request of individual Members of the Legislature or personnel in the executive branch, the commission shall submit information or a report on any matter to the extent that sufficient resources are available. From time to time, it also may submit to the Legislature and the Governor a report that contains recommendations as to necessary or desirable changes, if any, in the functions, policies, and programs of the several segments of public, independent, and private postsecondary education. (t) In consultation with the public segments, it shall consider the development of facilities to be used by more than one segment of public higher education, commonly called "joint-use facilities." It shall recommend to the Legislature criteria and processes for different segments to utilize bond funds for these intersegmental, joint-use facilities. (u) It may undertake other functions and responsibilities that are compatible with its role as the statewide postsecondary education planning and coordinating agency. (Amended by Stats. 2001, Ch. 517, Sec. 3.) Reference: Education Code 67000 20 USC 1232g Education Code EC 66903.2 Health Manpower Plan The Office of Statewide Health Planning and Development shall consult with the commission in the development by the office of its Health Manpower Plan and recommendations for meeting the needs in California for health science personnel. This consultation shall focus on whether health science education enrollment levels are adequate to meet the state's health manpower needs by category and specialty within each category. (Repealed and added by Stats. 1995, Ch. 758, Sec. 43 and 44.) Education Code EC 66903.3 Executive director The commission may delegate to the executive director any power, duty, purpose, function, or jurisdiction that the commission may lawfully delegate, including the authority to enter into and sign contracts on behalf of the commission. The executive director may redelegate any of those powers, duties, purposes, functions, or jurisdictions to his or her designee, unless by statute, or rule or regulation, the executive director is expressly required to act personally. (Amended by Stats. 1995, Ch. 758, Sec. 45.) 66903.5 California Community Colleges; Nursing Programs (a) The commission shall conduct, or contract to conduct, a review and analysis of California community college districts' admission procedures and attrition rates for their two-year associate degree nursing programs. The review and analysis shall include, but not necessarily be limited to, information regarding the admission procedures and attrition rates for the Los Angeles County College of Nursing and Allied Health and other relevant nursing programs, to the extent that information is available. The commission shall submit findings of the review and analysis, along with relevant recommendations, to the Governor and the Legislature on or before January 10, 2003. (b) This section shall remain in effect only until January 1, 2004, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2004, deletes or extends that date. (Added by Stats. 2001, Ch. 443, Sec. 1.) Education Code EC 66904 Legislative intent It is the intent of the Legislature that sites for new institutions or branches of the University of California and the California State University, and the classes of off-campus centers as the commission shall determine, shall not be authorized or acquired unless recommended by the commission. It is further the intent of the Legislature that California community colleges shall not receive state funds for acquisition of sites or construction of new institutions, branches, or off-campus centers unless recommended by the commission. Acquisition or construction of nonstate-funded community college institutions, branches, and off-campus centers, and proposals for acquisition or construction shall be reported to, and may be reviewed and commented upon by, the commission. It is further the intent of the Legislature that existing or new institutions of public education, other than those described in subdivision (a) of Section 66010, shall not be authorized to offer instruction beyond the 14th grade level. All proposals for new postsecondary educational programs shall be forwarded to the commission for review together with supporting materials and documents that the commission may specify. The commission shall review the proposals within a reasonable length of time, which time shall not exceed 60 days following submission of the program and the specified materials and documents. For the purposes of this section, "new postsecondary educational programs" means all proposals for new schools or colleges, all series of courses arranged in a scope or sequence leading to (1) a graduate or undergraduate degree, or (a) a certificate of a type defined by the commission, which have not appeared in a segment's or district's academic plan within the previous two years, and all proposals for new research institutes or centers which have not appeared in a segment's or district's academic plan within the previous two years. It is further the intent of the Legislature that the advice of the commission be utilized in reaching decisions on requests for funding new and continuing Graduate and professional programs, enrollment levels, and capital outlay for existing and new campuses, colleges, and off-campus centers. (Amended by Stats. 1993, Ch. 8, Sec. 3.) Education Code EC 66905 Legislative intent It is the intent of the Legislature that the California Postsecondary Education Commission annually review and fix the salary of its director according to a methodology established by the commission. This methodology shall take into consideration the salary of directors of coordinating boards for higher education in states with postsecondary education systems comparable to California's in size, complexity, and level of state expenditures. The comparison states shall include seven major industrial states, including Illinois, New Jersey, New York, Ohio, and Texas. The commission shall notify the Chairperson of the Joint Legislative Budget Committee of this annual salary amount. Notwithstanding the provisions of Section 19825 of the Government Code, the salary shall become effective no sooner than 30 days after written notice of the salary is provided to the chairperson of the committee, or no sooner than a lesser time as the chairperson, or his or her designee, may determine. (Added by Stats. 1983, Ch. 323, Sec. 23.7.) Education Code EC 66906 Stipends and travel expenses Each member of the commission shall receive a stipend of fifty dollars ($50) for each day in which he or she attends any meeting of the commission or any meeting of any committee or subcommittee of the commission, of which committee or subcommittee he or she is a member, and which committee or subcommittee meeting is conducted for the purpose of carrying out the powers and duties of the commission and, in addition, shall receive his or her actual and necessary traveling expenses incurred in the course of his or her duties. (Enacted by Stats. 1976, Ch. 1010.) 66940 CHAPTER 11.3. THE CALIFORNIA DISTANCE LEARNING POLICY There is hereby established the California Distance Learning Policy, which sets forth the guiding goal and principles for the utilization of technology in California postsecondary education. (Added by Stats. 2000, Ch. 467, Sec. 3) 66941 Access to Educational Opportunities (a) The Legislature finds and declares that access to a high quality education is the primary goal for the use of educational technology in higher education. All students in California's public schools and colleges and all adults in the state shall have access to educational opportunities for which they are qualified, regardless of their income level, geographic location, or the size of the school they attend. (b) Pursuant to its statutory planning and coordination functions and responsibilities identified in Section 66900, the California Postsecondary Education Commission shall convene an intersegmental working group to determine state funding priorities consistent with the institutional missions of the systems of higher education. (c) The intersegmental working group shall observe all of the following principles to guide the development of priorities and the proposed expenditure of state revenues on technology infrastructure and applications: (1) Development of a statewide infrastructure that provides compatible connectivity between all levels of education to reduce redundancy and increase efficiency. (2) Adherence to nationally and internally accepted protocols and standards. (3) Assurance that the standards for course and program quality applied to distance education are rigorous in meeting accreditation standards, Universal Design Standards, and standards currently applied to traditional classroom instruction at higher educational institutions in the areas of course content, student achievement levels, and coherence of the curriculum. (4) Collaboration between the private sector and educational institutions in the availability and use of technology in low-performing schools and underserved areas. (5) Collaboration across departments, institutions, states, and countries in the use of technology. (6) Use of technology to contain costs, improve student outcomes, and enhance quality in instructional and noninstructional functions, such as student services, libraries, and administrative support. (d) The intersegmental working group shall be composed of representatives from public, elementary and secondary education, the California State University, the California Community Colleges, the University of California, independent accredited universities and colleges, state approved schools and colleges, private sector providers of distance education, the Office of the Secretary of Education, and the private sector. (e) The commission shall facilitate the development of statewide funding priorities for technology in higher education, and shall forward the recommendations of the working group to the Legislature and the Governor on or before August 1, 2002. (Added by Stats. 2000, Ch. 467, Sec. 3) Reference: Education Code 66900 Education Code EC 66942 Advisory committee (a) In preparing the policy statement, the California Postsecondary Education Commission shall consult with an advisory committee composed of representatives from public schools, a county office of education, the State Department of Education, the California State University, the California Community Colleges, the University of California, the independent accredited universities and colleges, the governing board of a school district, the Educational Technology Committee, and private sector providers of communication networks and programming. (b) Following the development of the policy statement, it is the intent of the Legislature that educational institutions consider the preparation of a budget proposal to establish a comprehensive distance learning project within California. (Added by Stats. 1995, Ch. 758, Sec. 48.) Education Code EC 66943 Article 2. Pilot Projects. Literacy; distance learning The Legislature finds and declares as follows: (a) The California Workforce Literacy Task Force recommended in 1990 that California's Legislature and Governor work together to promote awareness of the serious need facing the state for greater investments in the literacy skills development of our underserved youth and adult human resources. (b) More than half of California's youth and adults are not seeking higher education. An estimated seven million of California's youth and adults, age 15 years and older, have educationally developed skills below the 9th grade level, and many are in need of English language training. (c) State-provided literacy programs cannot meet the present demands for services, yet a majority of those who could benefit from additional education are not being reached, and of those who are served, most drop out without increasing their skills to the 9th grade level. (d) Most of the population in need of literacy and other cognitive skills development are not being reached and served by the current delivery system. A limitation on the funds available for this purpose has the effect of causing many individuals to be turned away from programs. Among the reasons given for nonparticipation are failure to recognize a skills problem, fear of admitting a literacy problem at work, or embarrassment. The demands of work and family may create barriers to participation. Negative attitudes about classroom learning, times, and locations for learning are often reported. The perceived lack of any rewards or benefits offers little incentive for many of the persons in need of improving their skills. (e) Distance learning instructional technologies provide California with excellent opportunities to accomplish important long-range educational opportunities and objectives efficiently. (f) Distance learning is changing educational boundaries that traditionally have been defined by location and institution. Using distance learning technology, classrooms may now extend to students in other schools, in other cities, in other states, and in other nations. A high school course in advanced mathematics may be taught by a university professor in a live, interactive situation linking high school pupils in inner-city areas of Los Angeles, Boston, Detroit, and rural areas of California. (g) California is far behind other states in statewide planning and policy development for distance learning. As a result, the benefits of distance learning are not being shared equitably across the state, the resources are not being used as efficiently as they might be, the potential of distance learning technologies to meet broader school and college reform goals is not being maximized, and outmoded statutes and policies block the full utilization of the new technologies. (h) The federal Office of Technology Assessment concluded in a 1989 report that the recent expansion of distance learning has provided a unique opportunity for collaboration and resource sharing by educators from various institutional, instructional, and geographic locations. Joint activities by representatives from public schools, higher education, and the private sector have multiplied significantly during the past five years, seeking to use distance learning as a means to respond to the need for improved educational services. Distance learning technology has been successfully used in many states to provide educational services for the geographically isolated schools and for underserved or advanced students. States are now using distance learning as a means of solving other educational deficiencies, including inadequacies in faculty and staff development, parental involvement, and cultural relations. (i) The changing composition of California society has resulted in an increase in the adult population demand for English language and basic skills instruction that school districts and community college districts have been unable to meet due to budget constraints. In response to this situation, it is the intent of the Legislature to expand the utilization of distance learning technology in the provision of English language and basic skills instruction to adults in all regions of the state. (Added by Stats. 1995, Ch. 758, Sec. 48.) Education Code EC 66944 English as a Second Language Distance Learning Pilot Projects for English as a Second Language and Adult Workforce Skills shall be established, utilizing distance learning technologies to provide both English language instruction and work force skills for adults with limited English proficiency. (Added by Stats. 1995, Ch. 758, Sec. 48.) Education Code EC 66945 Proposals The California Postsecondary Education Commission, in consultation with parties having an interest in distance learning activities, shall do all of the following: (a) Establish and implement a request for proposals for the establishment of two or more Distance Learning Pilot Projects for English as a Second Language and Adult Workforce Skills. These projects shall operate as cost-effective models providing training services to adults. Each project shall be operated for a five-year period. The projects for adult work force skills shall provide services at the adult's worksite, and each project shall function as a consortium involving representatives from business and industry, labor, and educational institutions. (b) Process, solicit, and review proposals for the pilot projects. (c) Establish guidelines for the operation of the pilot projects. (d) Award grants for the operation of the pilot projects. (e) Establish evaluation criteria to assess the effectiveness of the pilot projects. (Added by Stats. 1995, Ch. 758, Sec. 48.) Education Code EC 66946 Calculation of pilot projects Utilizing the criteria established pursuant to subdivision (e) of Section 66945, the commission shall complete an evaluation of the pilot projects within five years of the initial funding date for the operation of the pilot projects. The commission's evaluation shall include, but not be limited to, the following: (a) The extent to which pupil achievement levels in English language skills have improved, compared with pupils receiving comparable English as a second language instruction in the traditional classroom setting. (b) The cost savings, if any, associated with the use of distance learning technology. (c) Barriers associated with the use of distance learning technology, and the identification of strategies to overcome these barriers. (Added by Stats. 1995, Ch. 758, Sec. 48.) Education Code EC 66947 Distance learning defined For the purposes of this article, "distance learning" means instruction in which the student and instructor are separated by distance and interact through the assistance of computer and communications technology. Distance learning also may include video or audio instruction in which the primary mode of communication between student and instructor is through a communications medium, including, but not limited to, instructional television, video, or telecourses, and any other instruction that relies on computer or communications technology to reach students at distant locations. (Added by Stats. 1995, Ch. 758, Sec. 48.) Education Code EC 66948 Funding Funding to establish and maintain the distance learning pilot projects for English as a Second Language and Adult Workforce Skills shall be obtained only from grants from federal agencies or private foundations, or both. (Added by Stats. 1995, Ch. 758, Sec. 48.)