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Education Code & Title 5

Education Code & Title 5. Dr. Leandra Martin: Vice President of Mission College Dr. Irene Malmgren : Emeritus Vice President, Instruction, Mt SAC. California Educational Code. http://leginfo.legislature.ca.gov/ Laws (started as Bills) passed by the California Legislature

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Education Code & Title 5

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  1. Education Code &Title 5 Dr. Leandra Martin: Vice President of Mission College Dr. Irene Malmgren: Emeritus Vice President, Instruction, Mt SAC

  2. California Educational Code • http://leginfo.legislature.ca.gov/ • Laws (started as Bills) passed by the California Legislature • Can only be changed by legislation or budget action • Education Code is the highest authority (informs Title 5)

  3. California Education Code • Title 3 Postsecondary Education • Division 7 Community Colleges • Part 43 The California Community College • Part 44 Board of Governors • Part 45 Districts and Governing Boards • Part 46 District Reorganization of Formulation • Part 47 Students • Part 48 Community Colleges, Education Programs • Part 49 Community Colleges, Educational Facilities • Part 50 Finance • Part 51 Employees • Part 52 Career Technical Educations Pathways Program (repealed) • Part 52.5 California Community Colleges Economic and Workforce Development Program • Part 53 Basic Skills Partnership Pilot Program • Part 54 Community Colleges Basic Skills and Student Outcomes Transformation Program • Part 54.3 Student Success for Basic Skills Program • Part 54.5 Strong Workforce Program • Part 54.7 California College Promise Innovation Grant Program • Part 54.8 The Community College Completion Grant Program • Part 54.81 California Community College Guided Pathways Grant Program

  4. California Education Code • Title 3 Postsecondary Education • Division 7 Community Colleges • Part 47 Students • Chapter 1 General Provisions • Chapter 1.5 Student Records • Chapter 2 Fees • Chapter 3 Student Health Services and Supervisions

  5. California Education Code • Title 3 Postsecondary Education • Division 7 Community Colleges • Part 47 • Chapter 1.5 • Article 1 Legislative Intent • Article 2 Definition • Article 3 General Provisions • Article 4 Rights of Students • Article 5 Privacy of Student Records

  6. California Education Code • Title 3 Postsecondary Education • Division 7 Community Colleges • Part 47 • Chapter 1.5 • Article 3 • §76220 Regulations: establishment, maintenance, and destruction • §76221 Notifying students of their rights under this chapter • §76222 Log of persons and organizations requesting or receiving information • §76223 Reasonable charge for transcripts; exceptions • §76224 Grades: finalization: physical education class • §76225 Transfer of records: notice of rights regulation

  7. §76224 Grades: Finalization: Physical Education Class • (a)When grades are given for any course of instruction taught at a community college district, the grade given to each student shall be the grade determined by the instructor of the course and the determination of the grade by the instructor, in the absence of mistake, fraud, bad faith, or incompetency, shall be final. • (b) No grade of a student participating in a physical education class, however, may be adversely affected due to the fact that the student does not wear standardized physical education apparel where the failure to wear such apparel arises from circumstances beyond the control of the student.

  8. Education Code, Title 3, Division 7, Part 47, Chapter 1.5, Article 3, §76224 • OR • §76224 • §70900 - §88933 refer to Community Colleges

  9. California Code of Regulations • https://govt.westlaw.com/calregs/Search/Index • Commonly known as “Title 5” • Regulations approved by Board Of Governors based on current Education Code • Education Code is the higher authority

  10. California Code of Regulations Title 1. General Provisions Title 2. Administration Title 3. Food and Agriculture Title 4. Business Regulations Title 5. Education Title 7. Harbors and Navigation Title 8. Industrial Relations Title 9. Rehabilitative and Developmental Services Title 10. Investment Title 11. Law Title 12. Military and Veterans Affairs Title 13. Motor Vehicles Title 14. Natural Resources Title 15. Crime Prevention and Corrections Title 16. Professional and Vocational Regulations Title 17. Public Health Title 18. Public Revenues Title 19. Public Safety Title 20. Public Utilities and Energy Title 21. Public Works Title 22. Social Security Title 23. Waters Title 24. Building Standards Code Title 25. Housing and Community Development Title 26. Toxics Title 27. Environmental Protection Title 28. Managed Health Care

  11. California Code of Regulations Title 5 • Division 1. California Department of Education • Division 1.5. Education Audit Appeals Panel • Division 2. California State Library • Division 3. Teachers' Retirement System • Division 4. California Student Aid Commission • Division 4.5. Scholarshare Investment Board • Division 5. Board of Trustees of the California State Universities • Division 6. California Community Colleges • Division 7. Board of Governors of the California Maritime Academy • Division 7.5. Private Postsecondary Education • Division 8. Commission on Teacher Credentialing • Division 9. Secretary for Education • Division 10. The Regents of the University of California

  12. California Code of Regulation Title 5 Division 6. California Community Colleges • Chapter 1. Board of Governors • Chapter 2. Community College Standards • Chapter 3. General Provisions • Chapter 4. Employees • Chapter 5. Students • Chapter 6. Curriculum and Instruction • Chapter 7. Special Programs • Chapter 8. Construction • Chapter 9. Fiscal Support • Chapter 10. Community College Administration

  13. California Code of Regulation, Title 5, Division 6, Chapter 6: Curriculum and Instruction • Subchapter 1. Programs, Courses and Classes • Subchapter 2. Approval by the Chancellor • Subchapter 3. Alternative Instructional Methodologies • Subchapter 4. Programs and Classes Outside of District • Subchapter 5. Educational Master Plans [Repealed] • Subchapter 5.5. Excursions and Field Trips [Repealed] • Subchapter 6. Matriculation Programs • Subchapter 7. Contract Education • Subchapter 8. Academic Calendar • Subchapter 9. Libraries • Subchapter 11. New Colleges and Education Centers [Repealed] • Subchapter 12. Libraries [Repealed]

  14. California Code of Regulation, Title 5, Division 6:, Chapter 6, Subchapter 1: Programs, Courses and Classes • Article 1. Program, Course and Class Classification and Standards • Article 2. Grading and Academic Record Symbols • Article 3. Probation and Dismissal • Article 4. Course Repetition and Academic Renewal • Article 5. Alternative Methods for Awarding Credit • Article 6. The Associate Degree • Article 7. Credit Certificates • Article 8. Educational Master Plans

  15. California Code of Regulation, Title 5, Division 6:, Chapter 6, Subchapter 1: Article 2: Grading and Academic Records Symbols • § 55020. Regulations. • § 55021. Grading Policies. • § 55022. Pass-NO Pass Options. • § 55023. Academic Record Symbols and Grade Point Average. • § 55024. Withdrawal. • § 55025. Grade Changes.

  16. 5 CCR § 55025 § 55025. Grade Changes. (a) In any course of instruction in a community college district for which grades are awarded, the instructor of the course shall determine the grade to be awarded each student in accordance with this article. The determination of the student's grade by the instructor shall be final in the absence of mistake, fraud, bad faith, or incompetency. (b) For purposes of this section, “mistake” may include, but is not limited to, clerical errors and errors made by an instructor in calculating a student's grade. (c) Procedures for the correction of grades shall be consistent with Education Code section 76232 or provide an alternative mechanism which will ensure that students receive a reasonable and objective review of the requested grade change. If the procedure requires the student to first request a grade change from the instructor, provisions shall be made for another faculty member to substitute for the instructor if the instructor is not available, the student has filed a discrimination complaint or the district determines that it is possible there has been gross misconduct by the original instructor. (d) Procedures shall also include expunging the incorrect grade from the record. (e) When grade changes are made as a result of course repetition in accordance with article 4 of this subchapter, appropriate annotations of any courses repeated shall be entered on the student's permanent academic record in such a manner that all work remains legible, insuring a true and complete academic history. Note: Authority cited: Sections 66700 and 70901, Education Code. Reference: Sections 70901 and 76224, Education Code. HISTORY 1. New section filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35). This database is current through 9/28/18 Register 2018, No. 39 5 CCR § 55025, 5 CA ADC § 55025

  17. California Code of Regulations • California Code of Regulation, Title 5, Division 6, Chapter 6, Subchapter 1: Article 2, § 55025. • OR • 5 CCR § 55025 • §50001 - §59606 refer to Community Colleges

  18. Key sections from Title 5 • 5 CCR § 53200 Définitions • Faculty • “Faculty” means those employees of a community college district who are employed in positions that are not designated as supervisory or management for the purposes of Article 5 (commencing with Section 3540) of Chapter 10.7 of Division 4 of Title 1 of the Government Code, and for which minimum qualifications for hire are specified by the Board of Governors. • Academic Senate • “Academic senate,” “faculty council,” and “faculty senate” means an organization formed in accordance with the provisions of this Subchapter whose primary function, as the representative of the faculty, is to make recommendations to the administration of a college and to the governing board of a district with respect to academic and professional matters. For purposes of this Subchapter, reference to the term “academic senate” also constitutes reference to “faculty council” or “faculty senate.”

  19. Key sections from Title 5: 10 + 1 • 5 CCR § 53200 Définitions • “Academic and professional matters” means the following policy development and implementation matters: • (1) curriculum, including establishing prerequisites and placing courses within disciplines; • (2) degree and certificate requirements; • (3) grading policies; • (4) educational program development; • (5) standards or policies regarding student preparation and success; • (6) district and college governance structures, as related to faculty roles; • (7) faculty roles and involvement in accreditation processes, including self-study and annual reports; • (8) policies for faculty professional development activities; • (9) processes for program review; • (10) processes for institutional planning and budget development; and • (11) other academic and professional matters as are mutually agreed upon between the governing board and the academic senate.

  20. Key sections from Title 5 • 5 CCR § 53200 Définitions • “Consult collegially” • (1) relying primarily upon the advice and judgment of the academic senate; • or • (2) agreeing that the district governing board, or such representatives as it may designate, and the representatives of the academic senate shall have the obligation to reach mutual agreement by written resolution, regulation, or policy of the governing board effectuating such recommendations.

  21. Key Sections from Title 5 5 CCR §53021 Recruitment Faculty, Staff & Administrators “Except as otherwise provided in this section, community college districts shall actively recruit from both within and outside the district work force to attract qualified applicants for all vacancies”.

  22. Key Sections from Title 5 5 CCR § 55002. Standards and Criteria for Courses. (a) Degree-Applicable Credit Course. (1) Curriculum Committee. (2) Standards for Approval. (A) Grading Policy. (B) Units. (C) Intensity. (D) Prerequisites and Corequisites. (E) Basic Skills Requirements. (F) Difficulty. (G) Level. (3) Course Outline of Record. (4) Conduct of Course. (5) Repetition.

  23. Key Sections from Title 5 5 CCR § 55002. Standards and Criteria for Courses. (1) Curriculum Committee. The college and/or district curriculum committee recommending the course shall be established by the mutual agreement of the college and/or district administration and the academic senate. The committee shall be either a committee of the academic senate or a committee that includes faculty and is otherwise comprised in a way that is mutually agreeable to the college and/or district administration and the academic senate.

  24. Key Sections from Title 5 5 CCR § 55002. Standards and Criteria for Courses. (b) Non degree-Applicable Credit Course. (1) Types of Courses. Non degree-applicable credit courses are: (A) Non degree-applicable basic skills courses (B) courses designed to enable students to succeed in degree-applicable credit courses (C) precollegiate career technical preparation courses (D) essential career technical (2) Standards for Approval (A) Grading Policy. (B) Units (C) Intensity. (D) Prerequisites and corequisites. (3) Course Outline of Record. (4) Conduct of Course. (5) Repetition.

  25. Key Sections from Title 5 5 CCR § 55002. Standards and Criteria for Courses (c) Noncredit Course. (1) Standards for Approval. (2) Course Outline of Record. (3) Conduct of Course. (4) Repetition.

  26. Key Sections from Title 5 5 CCR § 55002. Standards and Criteria for Courses. (d) Community Services Offering. A community services offering must meet the following minimum requirements: (1) is approved by the district governing board; (2) is designed for the physical, mental, moral, economic, or civic development of persons enrolled therein; (3) provides subject matter content, resource materials, and teaching methods which the district governing board deems appropriate for the enrolled students; (4) is conducted in accordance with a predetermined strategy or plan; (5) is open to all members of the community willing to pay fees to cover the cost of the offering; and (6) may not be claimed for apportionment purposes.

  27. Key Sections from Title 5 5CCR § 55002.5. Credit Hour Definition (a) One credit hour of community college work (one unit of credit) shall require a minimum of 48 semester hours of total student work or 33 quarter hours of total student work, which may include inside and/or outside-of-class hours. (b) A course requiring 96 hours or more of total student work at colleges operating on the semester system or 66 hours or more of total student work at colleges operating on the quarter system shall provide at least 2 units of credit. (c) Cooperative work experience courses defined in section 55252 shall adhere to the formula for credit hour calculations identified in section 55256.5. (d) For programs designated by the governing board as clock hour programs, units of credit shall be awarded in a manner consistent with the provisions of 34 Code of Federal Regulations part 600.2. (e) Credit hours for all courses may be awarded in increments of one unit or less. (f) The governing board of each community college district shall establish policy, consistent with the provisions of this section,

  28. Title V is a VPI’s best friend If in doubt – look it up!

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