Basis For Senate Powers
Basis for Senate Power IT IS THE LAW Education Code Title 5 Regulations
Ø California Education Code Laws resulting from legislation requires legislation to be changed Always supersedes Title 5 regulation Governance was amended by AB 1725 in 1988
Ø Legal Basis vs Real Life IT IS THE LAW but IT IS UP TO YOU
Ø TITLE 5 California Code of Regulations Derived by the Board of Governors from the California Education Code Division 6 - applies to California Community Colleges Is regulation with the force of law
Ø Education Code §70902 (b)(7) “The Governing Board shall … ensure … the right of academic senates to assume primary responsibility for making recommendation in the areas of curriculum and academic standards.”
Ø TITLE 5 § Powers (A) Governing Board shall adopt policies delegating authority and responsibility to its Academic Senate. (B) Policies in (A) shall be adopted through collegial consultation with the Academic Senate. (C) Guarantees the Academic Senate the right to meet with or appear before the board.
Ø TITLE 5 § Definitions (B) Academic Senate means an organization whose primary function is to make recommendations with respect to academic and professional matters. (C) Academic and Professional matters means the following policy development and implementation matters:
- Curriculum, including establishing prerequisites
- Degree & Certificate Requirements
- Grading Policies
- Educational Program Development
- Standards & Polices regarding Student Preparation and Success
- College governance structures, as related to faculty roles
- Faculty roles and involvement in accreditation process
- Policies for faculty professional development activities
- Processes for program review
- Processes for institutional planning and budget development
Plus 1 Section (c) Other academic and professional matters as mutually agreed upon.
Ø Collegial Consultation Section (d) District Governing Board is required to consult collegially with the Academic Senate and develop policies on academic and professional matters through either or both:
- Rely primarily upon the advice and judgment of the Academic Senate
- Reach mutual agreement with the Academic Senate by written resolution, regulation, or policy
Ø Collegial Consultation - Definitions Section (d) (D) Requires procedures for responding to Academic Senate recommendations that include:
- When rely primarily, the recommendation of the Academic Senate will normally be accepted, and only in exceptional circumstances and for compelling reasons will they not be accepted.
- When mutual agreement and an agreement has not been reached: –Existing policy remains in effect except in cases of legal liability or fiscal hardship –Board may act - after a good faith effort - only for compelling legal, fiscal, or organizational reasons.
Ø Compelling Reasons These terms mean that … in instances where a recommendation is not accepted the reasons for the board’s decision must be in writing and based on a clear and substantive rationale which puts the explanation for the decision in an accurate, appropriate, and relevant context. --Participating Effectively in District and College Governance
Ø TITLE 5 § – More Powers
- o Academic Senate may assume responsibilities and perform functions as may be delegated by the Governing Board
- o Appointment of faculty members to college committees shall be made by the Academic Senate - requires consultation with CEO or designee
Ø TITLE 5 § (a) - Students The governing board shall adopt policies procedures that provide students the opportunity to participate effectively in district and college governance. grading policies codes of student conduct academic disciplinary policies curriculum development
Ø TITLE 5 § (a) - Students
o course/program initiation or elimination
o processes for institutional planning and budget development
o standards and policies regarding student preparation and success student services planning and development
o student fees any other district or college policy… that will have a significant effect on students
Academic Senate for California Community Colleges - Leadership Institute 2006 TITLE 5 § (a) – Classified Staff The governing board shall adopt policies and procedures that provide district and college staff the opportunity to participate effectively in district and college governance.
Academic Senate for California Community Colleges - Leadership Institute 2006 Education Code Section (b)Waiver of Minimum Qualifications and Equivalency Section (b) Hiring Criteria Section (a) Administrative Retreat Rights
Academic Senate for California Community Colleges - Leadership Institute 2006 Education Code Section (a) Tenure Evaluation Procedures “The faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining regarding those procedures.”
Academic Senate for California Community Colleges - Leadership Institute 2006 Education Code Section (b) Minimum Degree Requirements Section (f) Evaluation Procedures - Association shall consult with Senate Section Faculty Service Areas - Association shall consult with Senate
Academic Senate for California Community Colleges - Leadership Institute 2006 Resources Empowering Local Senates: Roles and Responsibilities of and Strategies for an Effective Senate : papers and links to online Title 5 and Education Codewww.asccc.org