Leadership Institute 2004, San Jose

1
The Basis for Effective Senates

• Ian Walton, Vice President
• Mark Lieu, Treasurer

2
Basis for Senate Power ? Its the LAW!

• 1. Education Code
• 2. Title 5 Regulations

3
California Ed Code

• Laws resulting from legislation
• Requires legislation to be changed
• Always supercedes Title 5 regulation
• Governance was amended by AB 1725 in 1988

4
Title 5

• California Code of Regulations
• Board of Governors for CA Community Colleges
  (BOG) implementation of Ed Code
• Division 6 applies to community colleges
• It is regulation with the force of law

5
Legal Basis vs Real Life Its the LAW! -
Its YOU

• 02 Rostrum Articles
• Child Support
• Analogy

6
Today

• Legal Framework
• Comment on Real Life or Local Situations
• Increase Comfort Level of New Senate Presidents
• NOT - Solve Hot Topics

7
Main Ideas

• Detailed Language is in your binder
• AB 1725 Indexed Version
• Empowering Local Senates Handbook
• Academic Senate Web Site

8
70902 Ed Code

• The Governing Board shall. . . ensure. . . the
  right of the Academic Senates to assume primary
  responsibility for making recommendations in the
  areas of curriculum and academic standards.

9
53203 Title 5 Powers

• (a) Gov. Boards shall adopt policies delegating
  authority responsibility to Academic Senates.
• (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 in
  addition to consultation

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53200 Title 5 Definition

• (b) Academic Senate means an organization whose
  primary function is to make recommendations with
  respect to academic professional matters.

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Academic Professional Matters Our 10
areas 1

• Section 53200 (c) policy development and
  implementation
• 1. Curriculum pre-reqs.
• 2. Degree certificate reqs.
• 3. Grading policies
• 4. Educational program development
• 5. Standards/policies re. student
• preparation success

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• Section 53200 (c) contd.
• 6. College governance structures as related to
  faculty roles
• 7. Faculty roles in accreditation
• 8. Policies faculty development
• 9. Processes program review
• 10. Processes planning budget
• Plus 1
• Other academic professional matters as mutually
  agreed upon

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Collegial Consultation ---defined

• Section 53200 (d)
• The district governing board shall develop
  policies on academic professional matters
  through either or both of these
• 1.Rely primarily upon the advice judgment of
  the Academic Senate, or
• 2. Board/Senate shall reach mutual agreement by
  written resolution, regulation or policy

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TITLE 5 53203

• (d) (1) When rely primarily
• the recommendation of the Academic Senate will
  normally be accepted, and only in exceptional
  circumstances and for compelling reasons will
  they not be accepted.
• (maintain a written record.)

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TITLE 5 53203

• (d) (2) When mutually agree
• 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.

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TITLE 5 53203

• (e) Academic Senate may assume responsibilities
  and perform functions as may be delegated by the
  Governing Board.
• (f) Appointment of faculty members to college or
  district committees, task forces, or other
  groups dealing with academic and professional
  matters, shall be made by the Academic Senate.
• Requires consultation with CEO or designee
• Collective bargaining rights

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Language for Students

• 51023.7
• Governing Board adopts policies that provide
  students opportunity to participate effectively
  in district and college governance.
• formulation and development of selected
  policies and procedures
• processes for jointly developing
  recommendations that have or will have a
  significant effect on students

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Language for Staff

• 51023.5
• Governing Board adopts policies that provide
  staff opportunity to participate effectively in
  district and college governance.
• formulation and development of policies and
  procedures
• processes for jointly developing
  recommendations that have or will have a
  significant effect on staff

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Ed Code-- more areas of responsibility-
developed and agreed upon jointly

• 87359 Process for equivalency to minimum
  qualifications
• 87360 Hiring criteria for faculty
• 87458 Administrative retreat rights

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Ed Code--Tenure Evaluation

• 87610.1
• The facultys exclusive representative shall
  consult with the Academic Senate prior to
  engaging in collective bargaining regarding these
  procedures.

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Association shall consult with the Academic
Senate

• 87663 (f) Faculty evaluation procedures
• 87743.2 Faculty Service Areas
• (work for effective senate-union - faculty chair
  relationships with colleagues)

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Resources

• www.academicsenate.cc.ca.us
• From there you can get links to Ed Code and Title
  5 with search engines.
• Empowering Local Senates Roles
  Responsibilities of and Strategies for Effective
  Senates (Spring 02)