(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law provides for the establishment of community college districts throughout the state, including the Compton Community College District. Existing law authorizes these districts to provide instruction to students at the campuses operated by these districts.
This bill would express various findings and declarations of the Legislature with respect to the withdrawal of accreditation from the Compton Community College District and the impact the withdrawal would have on the students and residents of the Compton Community College District.
(2) Existing law authorizes emergency advance apportionments to be provided to a school district that complies with prescribed requirements, including the submission of a report issued by an independent auditor with respect to the financial conditions and budgetary controls of the district, a written management review conducted by a qualified management consultant approved by the county superintendent of schools, and a fiscal plan adopted by the governing board to resolve the financial problems of the district.
This bill would authorize a community college district that has had a trustee appointed pursuant to specified provisions to request, and receive an emergency apportionment. The bill would appropriate $30,000,000 from the General Fund to the Board of Governors of the California Community Colleges for apportionment to the Compton Community College District as an emergency apportionment, as specified.
To
the extent the funds appropriated by this bill are allocated to a community college district, as defined by existing law for purposes of Section 8 of Article XVI of the California Constitution, those funds may be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(3) Existing law establishes the County Office Fiscal Crisis and Management Assistance Team (FCMAT), which consists of persons having extensive experience in school district budgeting, accounting, data processing, telecommunications, risk management, food services, pupil transportation, purchasing and warehousing, facilities maintenance and operation, and personnel administration, organization, and staffing. Existing law authorizes community college districts to request the FCMAT to provide specified services, at that district’s expense, as specified.
This bill would require the FCMAT to conduct an extraordinary audit of the Compton Community College District on or before October 30, 2006. The bill would require the FCMAT to conduct a comprehensive assessment and prepare a recovery plan, to be delivered to the Chancellor’s Office of the California Community Colleges and the Department of Finance, for the Compton Community College District addressing 5 specified operational areas, on or before January 31, 2007. The bill would require the FCMAT to file a written status report at regular intervals with the appropriate fiscal and policy committees of the Legislature, the advisory committee to the special trustee, the Chancellor of the California Community Colleges, the Director of Finance, and the Secretary for Education. The bill would require these status reports to include the progress that the Compton Community College District is making in meeting the recommendations of the FCMAT comprehensive assessment and
addressing the deficiencies identified by the Accrediting Commission for Community and Junior Colleges. The bill would require that up to $500,000 be provided to the Compton Community College District from a specified item of the annul Budget Act to fund this audit.
(4) Existing law, until January 1, 2008, authorizes the board of governors to authorize the chancellor to suspend, for a period of up to one year, in accordance with a prescribed procedure, the authority of the Board of Trustees of the Compton Community College District, or of any of the members of the board, to exercise and any powers or responsibilities or to take any official actions with respect to the management of the district. Existing law authorizes the chancellor to renew a suspension under this provision as many times, and as often, as he or she finds it necessary during the period of the operation of the provision. Existing law authorizes the chancellor to appoint a
special trustee, at district expense, to manage the district, in accordance with a prescribed procedure.
This bill would instead authorize the board of governors to suspend the authority of the Board of Trustees of the Compton Community College District under this provision for a period of up to 5 years from the effective date of this bill, plus a period lasting until the chancellor, the FCMAT, the Director of Finance, and the Secretary for Education concur with the special trustee that the district has, for 2 consecutive academic years, met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to the bill. The bill would delete the authority of the chancellor to renew a suspension under this provision as many times, and as often, as he or she finds it necessary during the period of the operation of the provision. The bill would exempt the chancellor from complying with specified requirements relating to preferences for
disabled veterans, and from complying with the State Contract Act, in appointing the special trustee. The bill would authorize the chancellor to assume, and delegate to the special trustee, powers and duties of the Compton Community College District Personnel Commission that the chancellor determines are necessary for the management of the personnel functions of the district. The bill would authorize the special trustee to be a member of the State Teachers’ Retirement System or the Public Employees’ Retirement System for the period of service as a special trustee, if that person has been a member of either of those systems, unless the special trustee elects, in writing, not to be a member.
The bill would authorize the special trustee to do all of the following: implement substantial changes in the fiscal policies and practices of the Compton Community College District; revise the academic program of the Compton Community College District to reflect realistic income
projections in response to the dramatic effect of the changes in fiscal policies and practices upon program quality; encourage all members of the college community to accept a fair share of the burden of the full recovery of the Compton Community College District in 5 specified operational areas; enter into agreements on behalf of the Compton Community College District and, subject to any contractual and statutory obligation of the Compton Community College District, change any existing district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plan, as specified; and appoint an advisory committee, as specified.
The bill would extend the operation of this provision indefinitely.
(5) Existing law sets forth procedures to be followed in the event of the formation of a new community college district or the reorganization of an existing community
college district.
This bill would set forth procedures to be followed in the event that the Compton Community College’s accreditation is terminated by the regional accrediting body recognized by the board of governors.
The bill would authorize the chancellor to oversee all actions at the Compton Community College District related to the loss of the college’s accreditation. The bill would require the district to complete the provision of instruction in all classes for which it intends to claim apportionment prior to the date of the loss of accreditation. The bill would provide that, notwithstanding any other provision of law, the Compton Community College District would continue to be eligible to receive state funding as provided under the bill even if the accreditation is terminated.
The bill would require the Compton Community College District to identify a partner district that
would agree to provide accredited instructional programs to students residing in the Compton Community College District. The bill would authorize the special trustee and the partner district to enter into one or more agreements for the provision of instructional services or other services. The bill would specify the educational services that the partner district would agree to provide to Compton Community College District students.
The bill would require that the Compton Community College District receive an apportionment, as specified, for courses provided at the Compton Community Educational Center by the partner district. The bill would provide that a statute requiring that 50% of the current expense of education, as defined, be expended on the salaries of classroom instructors would not apply to the Compton Community College District from the 2003–04 fiscal year to the 2008–09 fiscal year, inclusive.
Because the bill
would impose new duties on the Compton Community College District, it would constitute a state-mandated local program.
(6) A provision of the California Constitution requires that a local or a special statute is invalid in any case if a general statute can be made applicable.
This bill would express the finding and declaration of the Legislature that, due to the unique circumstances relating to the accreditation status of Compton Community College, a general statute cannot be made applicable, and the enactment of specified provisions of the bill as a special statute is therefore necessary.
(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(8) The bill would declare that it is to take effect immediately as an urgency statute.