Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

ii. Implementation The Model Plan’s recommendation that districts reach out to all constituencies is well taken. An EEO Plan without broad support cannot hope to succeed. However, we also note that the lack of specificity in the regulations gives districts some flexibility in how to achieve wide representation on their Advisory Committees. Similarly, the “principles” of participatory governance can be achieved in a variety of ways. For example, districts and senates can “consult collegially” on the membership and processes of the Advisory Committee. Alternatively, districts can appoint the Advisory Committee—which in turn consults with college senates. We also caution that in developing an inclusive process, districts should not tie their own hands with respect to their legal duties. Districts will have a mandated timeline to develop EEO Plans. However, the participatory governance process is often protracted. For the reasons discussed briefly below, we advise that districts fully involve faculty and classified staff in the formation of their EEO Advisory Committees and EEO Plans. However, to the extent permitted by law as discussed below, collegial consultation on the process for EEO Plan development should not be confused with, or inadvertently provide, veto power over its content. 1. EEO Plans and Participatory Governance California’s participatory governance regulations require collegial consultation between districts and academic senates on “academic and professional matters.” 203 The regulations also define the terms “academic and professional matters” and “consult collegially.” First, the regulations implementing Title 5 section 53203 define “academic and professional matters” as “policy development and implementation matters” concerning the following 11 enumerated subjects:

 Curriculum, including establishing prerequisites and placing courses within disciplines;

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Degree and certificate requirements;

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Grading policies;

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Educational program development;

 Standards or policies regarding student preparation and success;

 District and college governance structure, as related to faculty roles;

 Faculty roles and involvement in accreditation processes, including self- study and annual reports;

 Policies for faculty professional development;

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Processes for program review;

 Processes for institutional planning and budget development; and

 Other academic professional matters as mutually agreed upon between the Governing Board and the Academic Senate. 204

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 68