BILL NUMBER: AB 2419INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Jones FEBRUARY 19, 2016 An act to amend Sections 66010 and 66010.4 of, and to add Division 9.3 (commencing with Section 92990) to Title 3 of, the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 2419, as introduced, Jones. Public postsecondary education: The New University of California. Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in this state. This bill would establish The New University of California as a 4th segment of public postsecondary education in this state. The university would provide no instruction, but rather would issue credit and degrees to persons who pass its examinations. The bill would establish an 11-member Board of Trustees of The New University of California as the governing body of the university, and specify the membership and appointing authority for the board of trustees. The bill would provide for the appointment of a Chancellor of The New University of California as the chief executive officer of the university. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 66010 of the Education Code is amended to read: 66010. (a) Public higher education consists of (1) the California Community Colleges, (2) the California State University, and each campus, branch, and function thereof,and(3) each campus, branch, and function of the University ofCaliforniaCalifornia, and (4) The New University of California . (b) As used in this part, "independent institutions of higher education" are those nonpublic higher education institutions that grant undergraduate degrees, graduate degrees, or both, and that are formed as nonprofit corporations in this state and are accredited by an agency recognized by the United States Department of Education. (c) No provision of this part is intended to regulate, subsidize, or intrude upon private education, including, but not limited to, independent educational institutions and religious schools, nor to vary existing state law or state constitutional provisions relating to private education. SEC. 2. Section 66010.4 of the Education Code is amended to read: 66010.4. The missions and functions of California's public and independent segments, and their respective institutions of higher education shall be differentiated as follows: (a) (1) The California Community Colleges shall, as a primary mission, offer academic and vocational instruction at the lower division level for both younger and older students, including those persons returning to school. Public community colleges shall offer instruction through but not beyond the second year of college. These institutions may grant the associate in arts and the associate in science degree. (2) In addition to the primary mission of academic and vocational instruction, the community colleges shall offer instruction and courses to achieve all of the following: (A) The provision of remedial instruction for those in need of it and, in conjunction with the school districts, instruction in English as a second language, adult noncredit instruction, and support services which help students succeed at the postsecondary level are reaffirmed and supported as essential and important functions of the community colleges. (B) The provision of adult noncredit education curricula in areas defined as being in the state's interest is an essential and important function of the community colleges. (C) The provision of community services courses and programs is an authorized function of the community colleges so long as their provision is compatible with an institution's ability to meet its obligations in its primary missions. (3) A primary mission of the California Community Colleges is to advance California's economic growth and global competitiveness through education, training, and services that contribute to continuous work force improvement. (4) The community colleges may conduct to the extent that state funding is provided, institutional research concerning student learning and retention as is needed to facilitate their educational missions. (b) The California State University shall offer undergraduate and graduate instruction through the master's degree in the liberal arts and sciences and professional education, including teacher education. Presently established two-year programs in agriculture are authorized, but other two-year programs shall be permitted only when mutually agreed upon by the Trustees of the California State University and the Board of Governors of the California Community Colleges. The doctoral degree may be awarded jointly with the University of California, as provided in subdivision (c) and pursuant to Section 66904. The doctoral degree may also be awarded jointly with one or more independent institutions of higher education, provided that the proposed doctoral program is approved by the California Postsecondary Education Commission. Research, scholarship, and creative activity in support of its undergraduate and graduate instructional mission is authorized in the California State University and shall be supported by the state. The primary mission of the California State University is undergraduate and graduate instruction through the master's degree. (c) The University of California may provide undergraduate and graduate instruction in the liberal arts and sciences and in the professions, including the teaching professions. It shall have exclusive jurisdiction in public higher education over instruction in the profession of law and over graduate instruction in the professions of medicine, dentistry, and veterinary medicine. It has the sole authority in public higher education to award the doctoral degree in all fields of learning, except that it may agree with the California State University to award joint doctoral degrees in selected fields. The University of California shall be the primary state-supported academic agency for research. (d) (1) The New University of California shall provide no instruction, but shall issue college credit and baccalaureate and associate degrees to any person capable of passing appropriate examinations. (2) The New University of California may contract with qualified entities for the formulation of peer-reviewed course examinations the passage of which would demonstrate that the student has the knowledge and skill necessary to receive college credit for that course.(d)( e) The independent institutions of higher education shall provide undergraduate and graduate instruction and research in accordance with their respective missions. SEC. 3. Division 9.3 (commencing with Section 92990) is added to Title 3 of the Education Code, to read: DIVISION 9.3. THE NEW UNIVERSITY OF CALIFORNIA 92990. (a) The New University of California is hereby established under the administration of the Board of Trustees of The New University of California. The New University of California shall provide no instruction, and the mission of the university shall be limited to issuing college credit and baccalaureate and associate degrees to any person capable of passing the examinations administered by the university. The goal of the university is for its students to obtain the requisite knowledge and skills to pass the examinations administered by the university from any source, such as massive open online courses, the student deems appropriate. When the student feels that he or she is ready to take an examination, the student shall pay the examination fee, present acceptable identification at the examination, and, upon passage of the examination, receive academic credit. When a student receives sufficient academic credit in prescribed courses, the university shall issue an appropriate degree to that student. (b) The university may contract with qualified entities for the formulation of peer-reviewed course examinations the passage of which would demonstrate that the student has the knowledge and skill necessary to receive college credit for that course. (c) The university may charge students a fee for the taking of examinations administered by the university. Fees charged under this subdivision shall not exceed the amount that is necessary for the university to recover the costs of administering the examination. (d) The university may apply for accreditation to the Western Association of Schools and Colleges, or a successor body, or any other appropriate accrediting entity. (e) The board of trustees shall authorize the Chancellor of The New University of California to grant baccalaureate and associate degrees in fields of study they deem appropriate. In selecting the fields in which degrees are to be awarded by the university, the board of trustees shall consult the labor needs forecasts issued by the Employment Development Department. 92991. (a) The New University of California shall be administered by the Board of Trustees of The New University of California, which is hereby established. The board of trustees shall include 11 voting members, as follows: (1) Five ex officio members: the Governor, the Lieutenant Governor, the Superintendent of Public Instruction, and the Speaker of the Assembly, or their designees; and the person named by the board of trustees to serve as the Chancellor of The New University of California. (2) (A) Six members of the public appointed by the Governor and subject to confirmation by a majority of the membership of the Senate. (B) The terms of two of the members of the public appointed under this paragraph shall commence on July 1, 2017, and terminate on July 1, 2019. The terms of two of the members of the public appointed under this paragraph shall commence on July 1, 2017, and terminate on July 1, 2021. The terms of two of the members appointed under this paragraph shall commence on July 1, 2017, and terminate on July 1, 2023. Thereafter, the terms of all of the members of the public appointed under this paragraph shall be six years. (b) Members of the board of trustees shall receive no salary for their service, but shall be reimbursed for the expenses they incur while carrying out their duties. (c) All meetings of the board of trustees shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). 92992. The Chancellor of The New University of California shall be the chief executive officer of the university. The chancellor shall be appointed by, and serve at the pleasure of, the board of trustees. The chancellor shall be authorized to employ and fix the salaries of, employees to assist him or her in carrying out the functions of the university.