PART 40.  DONAHOE HIGHER EDUCATION ACT
      CHAPTER 1.  TITLE OF PART ........................................  66000
      CHAPTER 1.5.  LEGISLATIVE FINDINGS .......................... 66002-66003
      CHAPTER 2.  GENERAL PROVISIONS
       Article 1.  Definitions .........................................  66010
       Article 2.  Comprehensive Mission Statement ............ 66010.1-66010.8
       Article 3.  General Provisions ............................. 66011-66025
       Article 4.  Educational Equity for Students .....................  66030
       Article 5.  Quality Undergraduate Education ................ 66050-66053
       Article 5.7.  Year-Round Academic Programs ......................  66057
       Article 6.  Campus Child Care and Development Programs ..........  66060
       Article 7.  Higher Education Assessment Act of 1990 ........ 66070-66072
       Article 7.  English Proficiency in Higher Education ........ 66080-66083
      CHAPTER 3.  CAPITAL OUTLAY FUND ............................. 66100-66103
      CHAPTER 4.  ADMISSIONS ...................................... 66201-66207
      CHAPTER 4.1.  EMERGENCY EVACUATION PLANS FOR POSTSECONDARY
                    STUDENT HOUSING ....................................  66210
      CHAPTER 4.5.  SEX EQUITY IN EDUCATION ACT
       Article 1.  Title and Declaration of Purpose ............... 66250-66252
       Article 2.  Definitions .................................... 66260-66264
       Article 3.  Prohibition of Discrimination ................ 66270-66271.1
       Article 4.  Sex Equity in Education .................... 66271.5-66281.5
       Article 5.  Compliance and Enforcement ................... 66290-66292.4
      CHAPTER 5.  RULES OF STUDENT CONDUCT ........................ 66300-66301
      CHAPTER 6.  ACADEMIC MATERIALS .............................. 66400-66405
      CHAPTER 6.5.  UNAUTHORIZED RECORDING, DISSEMINATION, AND
                    PUBLICATION OF ACADEMIC PRESENTATIONS FOR
                    COMMERCIAL PURPOSES ........................... 66450-66452
      CHAPTER 7.  SELECTIVE SERVICE REGISTRATION .......................  66500
      CHAPTER 8.  CALIFORNIA STATE UNIVERSITY ..................... 66600-66609
      CHAPTER 9.  COMMUNITY COLLEGES ...................................  66700
      CHAPTER 9.2.  STUDENT TRANSFER
       Article 1.  Transfer System .............................. 66720-66722.5
       Article 2.  Transfer Functions ............................. 66730-66743
      

66000.  This part shall be known and may be cited as the Donahoe
Higher Education Act.
66002.  The Legislature finds and declares all of the following:
   (a) The Master Plan for Higher Education in California, 1960-75,
was originally prepared in 1959, and its recommendations were
approved in principle by the affected governing boards of the higher
education segments.  Subsequently, legislation necessary to implement
certain of the master plan's provisions was enacted, including this
part.  A need to differentiate the functions of the segments of
higher education and rapidly increasing enrollments were primary
factors that motivated the creation of the master plan.
   (b) Pursuant to Resolution Chapter 285 of the Statutes of 1970,
and Resolution Chapter 232 of the Statutes of 1971, a joint committee
of the Legislature issued its report in 1973, entitled "Report of
the Joint Committee on the Master Plan for Higher Education," which
reaffirmed the principles of the original master plan and emphasized
a need for the segments of higher education to improve access and
educational equity, coordination and planning, governance, and
diversity within the entire system.  As in the 1960's, legislation
necessary to implement certain of the joint committee's
recommendations was enacted, largely through amendments to this part.
   (c) Pursuant to Chapter 1507 of the Statutes of 1984, the
Commission for the Review of the Master Plan for Higher Education
conducted public hearings and deliberations; in 1987, it issued its
report and recommendations, "The Master Plan Renewed:  Unity, Equity,
Quality, and Efficiency in California Postsecondary Education."
   Building on this report and two more years of public dialogue
pursuant to Resolution Chapter 175 of the Statutes of 1984, the Joint
Committee for the Review of the Master Plan for Higher Education
adopted a comprehensive report in 1989, entitled "California Faces. .
.California's Future:  Education for Citizenship in a Multicultural
Democracy," that affirms the achievements and the basic structure of
the 1960 Master Plan for Higher Education and identifies new
challenges for California's institutions of higher education.
   (d) California faces a period of unprecedented population growth
and extraordinary social and economic changes as the 21st century
approaches and the state's colleges and universities face tremendous
educational challenges while at or near their enrollment capacities.
   (e) In the spirit of the original master plan and the two
subsequent reviews conducted in the 1970's and 1980's, the
Legislature finds and declares the following:
   (1) California is on the threshold of becoming a state with a new
multicultural majority as the ethnic composition of the population is
changing dramatically.  The state's future economic, social, and
cultural development depends upon ensuring that all its citizens have
opportunities to contribute their best to society.
   (2) Current estimates indicate that California will need to
accommodate hundreds of thousands of additional students by the year
2005 in public higher education institutions.  California needs to
prepare now for the projected enrollments in the 21st century.  And,
if the goals of the master plan and its subsequent updates are to be
fully achieved, especially if groups that are historically and
currently underrepresented increase their rates of participation in
higher education, enrollments will exceed even these projections.
   (3) California must support an educational system which prepares
all Californians for responsible citizenship and meaningful careers
in a multicultural society; this requires a commitment from all to
make quality education available and affordable for every
Californian.
   (4) To accomplish these goals, California's system of higher
education will need to expand.
66003.  It is the intent of the Legislature to outline in statute
the broad policy and programmatic goals of the master plan and to
expect the higher education segments to be accountable for attaining
those goals.  However, consistent with the spirit of the original
master plan and the subsequent updates, it is the intent of the
Legislature that the governing boards be given ample discretion in
implementing policies and programs necessary to attain those goals.
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 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.
66010.1.  The purpose of this article is to identify common
educational missions shared by educational institutions in California
and to differentiate more specific missions and functions between
the various educational segments.
66010.2.  The public elementary and secondary schools, the
California Community Colleges, the California State University, the
University of California, and independent institutions of higher
education share goals designed to provide educational opportunity and
success to the broadest possible range of our citizens, and shall
provide the following:
   (a) Access to education, and the opportunity for educational
success, for all qualified Californians.  Particular efforts should
be made with regard to those who are historically and currently
underrepresented in both their graduation rates from secondary
institutions and in their attendance at California higher educational
institutions.
   (b) Quality teaching and programs of excellence for their
students.  This commitment to academic excellence shall provide all
students the opportunity to address issues, including ethical issues,
that are central to their full development as responsible citizens.
   (c) Educational equity not only through a diverse and
representative student body and faculty but also through educational
environments in which each person, regardless of race, gender, age,
disability, or economic circumstances, has a reasonable chance to
fully develop his or her potential.
66010.3.  The public elementary and secondary schools shall be
responsible for academic and general vocational instruction from
kindergarten and grades 1 to 12, inclusive, including preparation of
pupils for postsecondary instruction, future participation in
California's economy and society, and adult instruction to the extent
of state support.
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) The independent institutions of higher education shall provide
undergraduate and graduate instruction and research in accordance
with their respective missions.
66010.5.  The mission of the public segments of higher education
shall also include a broad responsibility to the public interest, and
independent segments of higher education are encouraged to assume a
broad responsibility to the public interest.  As part of this
responsibility, the public and independent segments are encouraged to
support programs of public service and to involve faculty and
students in these programs.
66010.6.  The missions of agencies charged with coordination,
administration, or implementation of higher education policies and
programs in California shall be as follows:
   (a) The California Postsecondary Education Commission is the
statewide postsecondary education coordinating and planning agency.
The commission shall serve as  a principal fiscal and program advisor
to the Governor and the Legislature on postsecondary educational
policy.  Consistent with Section 66903, the commission's
responsibilities shall include, but not be limited to, the following:

   (1) Analysis and recommendations related to long-range planning
for public postsecondary education.
   (2) Analysis of state policy and programs involving the
independent and private postsecondary educational sectors.
   (3)  Analysis and recommendations related to program and policy
review.
   (4) Resource analysis.
   (5) Maintenance and publication of pertinent public information
relating to all aspects of postsecondary education.
   The commission shall consult with the postsecondary educational
segments and with relevant state agencies, including the Student Aid
Commission, the Superintendent of Public Instruction, and other
relevant parties, in its preparation of analyses and recommendations
to the Governor and the Legislature.  However, the commission shall
remain an independent and nonpartisan body responsible for providing
an integrated and segmentally unbiased view for purposes of state
policy formulation and evaluation.
   (b) The California Student Aid Commission is the primary state
agency for the administration of state-authorized student financial
aid programs available to students attending all segments of
postsecondary education.  These programs include grant, work study,
and loan programs supported by the state and the federal government.
   Consistent with this responsibility, the Commission shall provide,
in consultation with the postsecondary education segments and
relevant state agencies, policy leadership on student financial aid
issues, evaluate the effectiveness of its programs, conduct research
and long-range planning as a foundation for program improvement,
report on total state financial aid needs, and disseminate
information to students and their families.
   (c) The Council for Private Postsecondary and Vocational Education
is the primary state agency responsible for approving and regulating
private postsecondary and vocational educational institutions and
for developing state policies for private postsecondary and
vocational education in California.  The council shall represent the
private postsecondary and vocational education institutions in all
state level planning and policy discussions about postsecondary and
vocational education.
66010.7.  (a) The Legislature, through the enactment of this
section, expresses its commitment to encourage and support
collaboration and coordination among all segments of education.
   (b) Within the differentiation of segmental functions outlined in
this article, the institutions of higher education shall undertake
intersegmental collaboration and coordination particularly  when it
can do any of the following:
   (1) Enhance the achievement of the institutional missions shared
by the segments.
   (2) Provide more effective planning of postsecondary education on
a statewide basis.
   (3) Facilitate achievement of the goals of educational equity.
   (4) Enable public and independent higher education to meet more
effectively the educational needs of a geographic region.
   (5) Facilitate student progress from one segment to another,
particularly with regard to preparation of students for higher
education as well as the transfer from the California Community
Colleges to four-year institutions.
   (c) The leaders responsible for public and independent
institutions of higher education and the Superintendent of Public
Instruction shall work together to promote and facilitate the
development of intersegmental programs and other cooperative efforts
aimed at improving the progress of students through the educational
systems and at strengthening the teaching profession at all levels.
   (d) The California Postsecondary Education Commission shall have
responsibility for reviewing and evaluating the effectiveness of
intersegmental activities in accomplishing the established goals, and
shall report its findings to the Governor and Legislature
biennially.
66010.8.  (a) No public institution of postsecondary education shall
admit, enroll, or permit the attendance of any person who is not a
citizen of the United States, an alien lawfully admitted as a
permanent resident in the United States, or a person who is otherwise
authorized under federal law to be present in the United States.
   (b) Commencing with the first term or semester that begins after
January 1, 1995, and at the commencement of each term or semester
thereafter, each public postsecondary educational institution shall
verify the status of each person enrolled or in attendance at that
institution in order to ensure the enrollment or attendance only of
United States citizens, aliens lawfully admitted as permanent
residents in the United States, and persons who are otherwise
authorized under federal law to be present in the United States.
   (c) No later than 45 days after the admissions officer of a public
postsecondary educational institution becomes aware of the
application, enrollment, or attendance of a person determined to be,
or who is under reasonable suspicion of being, in the United States
in violation of federal immigration laws, that officer shall provide
that information to the State Superintendent of Public Instruction,
the Attorney General of California, and the United States Immigration
and Naturalization Service.  The information shall also be provided
to the applicant, enrollee, or person admitted.
66011.  (a) It is hereby declared to be the policy of the
Legislature that all resident applicants to California institutions
of public higher education, who  are determined to be qualified by
law or by admission standards established by the respective governing
boards, should be admitted to either (1) a district of  the
California Community Colleges, in accordance with Section 76000, (2)
the California State University, or (3) the University of California.
   (b) As used in this part, "governing boards" means the local
boards of trustees and the Board of Governors of the California
Community Colleges, the Trustees of the California State University,
and the Regents of the University of California.
66012.  It is hereby declared to be the intent of the Legislature
that the fixed master plan approach in the development of public
postsecondary education be replaced by a continuous planning process
which includes:
   (a) A legislative study of California postsecondary education at
10-year intervals to reevaluate the planning process and provide
guidelines regarding goals, societal needs and general missions of
public higher education and its components.
   (b) Continuous planning by a state commission including a
five-year plan which is to be updated annually.
66013.  Each segment of public higher education shall strive for
excellence in its sphere, as assigned in this part.
66014.  The provisions of this part shall supersede the provisions
of any other law which conflict with the provisions of this part.
66014.5.  (a) It is the intent of the Legislature to recognize the
role of independent, regionally accredited postsecondary education in
California postsecondary education.  Statewide planning, policy
coordination, and review of postsecondary education shall include
attention to the contributions of the independent institutions in
meeting the state's goals of access, quality, educational equity,
economic development, and student aid.
   (b) The Legislature hereby finds and declares that there is a need
of providing students with economic and academic freedom of choice
in selecting a college or university they wish to attend.  The
Legislature further finds that an important means of meeting this
need is through offering financial assistance to students who wish to
attend public or independent colleges and universities and who have
demonstrated financial need.
66015.  It is the intent of the Governor and the Legislature, in
cooperation with the Trustees of the California State University, to
do both of the following:
   (a) Place a major priority on resolving the serious problem of
impacted and overcrowded classes, not only with respect to the
California State University, but throughout public postsecondary
education.
   (b) Ensure that needy students receive financial aid sufficient to
cover the cost of fee increases for each academic year.
66015.1.  The Legislature finds and declares all of the following:
   (a) The 1986 Report on Lower Division Education at the University
of California stated that "lower division (education) is something of
a neglected  child..." and suggested steps for improving the quality
of teaching and academic support services.
   (b) In 1991, the "Universitywide Task Force on Faculty Rewards
Report" resulted in the adoption of policies to provide a greater
emphasis on teaching.  Policy revisions included broadening the range
of evidence used in evaluation of teaching, peer review of teaching,
and promotion policies that recognize great distinction in teaching
as well as scholarship.
   (c) In 1992, the University of California issued a number of
"Presidential Initiatives to Protect and Improve Undergraduate
Education."
   (d) The Legislature, in the Supplemental Report of the 1992 Budget
Act, declared its intent that University of California faculty alter
the distribution of their workload by:
   (1) Increasing the number of courses and sections offered that are
required for normal progress toward a baccalaureate degree.
   (2) Increasing the number of freshman and  sophomore seminars.
   (3) Increasing opportunities for undergraduate research.
   (4) Reducing the size of classes when desirable.
   These measures were expected to result in an increase in the
average teaching load of one additional course every one to three
years.
   (e) The report entitled "Initiatives to Improve Undergraduate
Education," prepared by the University of California in response to
the 1992 Budget Act, is a commendable effort.
66015.5.  (a) It is the intent of the Legislature that quality
classroom instruction be continually improved and that courses
required for normal progress to a baccalaureate degree be provided in
sufficient numbers.
   (b) It is the further intent of the Legislature that where
necessary the average teaching responsibilities of tenured and tenure
track faculty be sufficiently increased to meet the goals described
in this section.
66016.  It is the intent of the Legislature that opportunities for
participation in intercollegiate athletic programs in the community
colleges, in the campuses of the California State University, and in
the campuses of the University of California be provided on as equal
a basis as is practicable to male and female students.
   The costs of providing these equal opportunities may vary
according to the type of sports contained within the respective men's
and women's athletic programs.  Therefore it is also the intent of
the Legislature that additional sources of revenue should be
determined to provide additional funds for these equal opportunity
programs.
66017.  The respective governing boards of the California Community
Colleges,  the California State University, or the University of
California shall adopt appropriate procedures and designate
appropriate persons to take disciplinary action against any student,
member of the faculty, member of the support staff, or member of the
administration of the community college, state college, or state
university who, after a prompt hearing by a campus body, has been
found to have willfully disrupted the orderly operation of the
campus.  Nothing in this section shall be construed to prohibit,
where an immediate suspension is required in order to protect lives
or property and to ensure the maintenance of order, interim
suspension pending a hearing; provided that a reasonable opportunity
be afforded the suspended person for a hearing within 10 days.  The
disciplinary action may include, but need not be limited to,
suspension, dismissal, or expulsion.  Sections 89538 to 89540,
inclusive, shall be applicable to any state university or college
employee dismissed pursuant to this section.
66018.  Each institution of public higher education shall require
that all applications for any type of financial aid for students
shall disclose all taxable income and all nontaxable income.
66019.  (a) Each state university and college, when determining
eligibility for any state university or college educational
opportunity program, and each governing board of a community college
district, when determining eligibility for any community college
educational opportunity program, shall consider nontaxable income.
   (b) The Regents of the University of California are requested to
provide that nontaxable income be considered in all determinations of
eligibility for any educational opportunity programs at the
University of California.
66021.  It is the intent of the Legislature that the Budget Act for
each fiscal year provide sufficient funding for financial aid for
students with demonstrated financial need at the University of
California, the California State University, and the California
Community Colleges to offset increases in student charges at those
institutions.  The Legislature intends that funds for increased
student financial aid be provided from sources other than student
fees.
66021.2.  Consistent with the state's historic commitment to provide
educational opportunity by ensuring both student access to and
selection of an institution of higher education for students with
financial need, the long-term policy of the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program established
pursuant to Chapter 1.7 (commencing with Section 69430) of Part 42
shall be as follows:
   (a) Commencing with the 2001-02 academic year and every year
thereafter, an applicant for a Cal Grant A or B award shall receive
an award that is not in excess of the financial need amount
determined by the Student Aid Commission pursuant to Section 69432.9
if he or she complies with all of the following requirements:
   (1) Demonstrates financial need under the criteria adopted
pursuant to Section 69432.9.
   (2) Attains a grade point average, as defined in Section 69432.7,
meeting the requirements of Chapter 1.7 (commencing with Section
69430) of Part 42.
   (3) Complies with each of the eligibility criteria applicable to
the type of Cal Grant award for which he or she is applying.
   (b) (1) The maximum Cal Grant A award for a student attending the
University of California or the California State University shall
equal the mandatory systemwide fees in each of those segments.
   (2) The maximum Cal Grant B award for a student to which this
subdivision is applicable shall equal the mandatory systemwide fees
in the segment attended by the student, except for community college
students who receive waivers from the Board of Governors of the
California Community Colleges, plus the access award calculated as
specified in Article 3 (commencing with Section 69435) of Chapter 1.7
of Part 42, except that in the first year of enrollment in a
qualifying institution, the maximum award shall be only for the
amount of the access award.
   (c) The maximum Cal Grant awards for students attending nonpublic
institutions shall be as follows:
   (1) The maximum Cal Grant A award shall equal the tuition award
level established in the Budget Act of 2000, or the amount as
adjusted in subsequent annual budget acts.
   (2) The maximum Cal Grant B award shall equal the amount of the
tuition award as established in the Budget Act of 2000, or the amount
as adjusted in subsequent annual budget acts, plus the amount of the
access costs specified in Section 69435, except that, in the first
year of enrollment in a qualifying institution, the maximum award
shall be only for the amount of the access award.
   (d) Commencing with the 2000-01 academic year, and each academic
year thereafter, the Cal Grant C award shall be utilized only for
occupational or technical training.
   (e) Commencing with the 2000-01 academic year, and each academic
year thereafter, the Cal Grant T award shall be used only for one
academic year of full-time attendance in a program of professional
preparation that has been approved by the California Commission on
Teacher Credentialing.
   (f) An institution of higher education in this state that
participates in the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant
Program shall not reduce its level of per capita need-based
institutional financial aid to undergraduate students, excluding
loans, below the total level awarded in the 2000-01 academic year.
   (g) The implementation of the policy set forth in this section
shall maintain a balance between the state's policy goals of ensuring
student access to and selection of an institution of higher
education for students with financial need and academic merit.
   (h) It is the policy of the State of California that the
Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program supplement
the federal Pell Grant program.
   (i) An award under the Ortiz-Pacheco-Poochigian-Vasconcellos Cal
Grant Program shall not guarantee admission to an institution of
higher education or admission to a specific campus or program.
66021.4.  It is the intent of the Legislature to support student
financial aid programs for eligible students enrolled in teacher
credential and graduate degree programs, including an emphasis on
increasing the number of graduate students from currently and
historically underrepresented groups who are preparing to become
future elementary and secondary teachers or postsecondary faculty
members.
66022.  (a) The governing board of every community college district,
the Trustees of the California State University, the Regents of the
University of California, and the Board of Directors of the Hastings
College of the Law shall adopt regulations providing for the
withholding of institutional services from students or former
students who have been notified in writing at the student's or former
student's last known address that he or she is in default on a loan
or loans under  the Federal Family Education Loan Program.
   "Default," for purposes of this section, means the failure of a
borrower to make an installment payment when due, or to meet other
terms of the promissory note under circumstances where the guarantee
agency finds it reasonable to conclude that the borrower no longer
intends to honor the obligation to repay, provided that this failure
persists for 180 days for a loan repayable in monthly installments,
or 240 days for a loan repayable in less frequent installments.
   (b) The regulations adopted pursuant to subdivision (a) shall
provide that the services withheld may be provided during a period
when the facts are in dispute or when the student or former student
demonstrates to either the governing board of the community college
district, the Trustees of the California State University, the
Regents of the University of California, or the Board of Directors of
the Hastings College of the Law, as appropriate, or to the Student
Aid Commission, or both the  Student Aid Commission and the
appropriate entity or its designee, that reasonable progress has been
made to repay the loan or that there exists a reasonable
justification for the delay as determined by the institution.  The
regulations shall specify the services to be withheld from the
student and may include, but are not limited to, the following:
   (1) The provision of grades.
   (2) The provision of transcripts.
   (3) The provision of diplomas.
The adopted regulations shall not include the withholding of
registration privileges.
   (c) When it has been determined that an individual is in default
on a loan or loans specified in subdivision (a), the Student Aid
Commission shall give notice of the default to all institutions
through which that individual acquired the loan or loans.
   (d) This section shall not impose any requirement upon the
University of California or the Hastings College of the Law unless
the Regents of the University of California or the Board of Directors
of the Hastings College of the Law, respectively, by resolution,
make this section applicable.
   (e) Guarantors, or those who act as their agents or act under
their control, who provide information to postsecondary educational
institutions pursuant to this section, shall defend, indemnify, and
hold harmless the governing board of every community college
district, the Trustees of the California State University, the
Regents of the University of California, and the Board of Directors
of the Hastings College of the Law from action resulting from
compliance with this section when the action arises as a result of
incorrect, misleading, or untimely information provided to the
postsecondary educational institution by the guarantors, their
agents, or those acting under the control of the guarantors.
66023.  Each segment of public higher education shall establish, and
update as necessary, a written policy concerning students who are
called to active military service.  The policy shall do all of the
following:
   (a) Ensure that those students do not lose academic credits or
degree status.
   (b) Provide for a refund of fees paid by the student for the term
in which he or she was called to active military service.
66024.  The Legislature hereby affirms its commitment to the
continuing quality and development of graduate and professional
programs of the University of California, the California State
University, and the independent institutions of higher education in
this state.
   It is the intent of the Legislature that each governing board of
an institution of higher education periodically review the quality of
the graduate and professional programs operated by the institution,
and the need to add, discontinue, or enhance graduate and
professional programs, including programs leading to the joint
doctorate degree.
   It is further the intent of the Legislature that the development
of joint doctoral programs operated by the California State
University and the University of California or one or more accredited
independent institutions of higher education be established and
expedited.
   All graduate and professional programs, including joint doctoral
programs, are expected to undergo careful evaluation and be approved
only when it has been demonstrated that these programs meet the needs
of students and the state.
66025.  (a) Systemwide fees charged to resident undergraduate
students at the University of California and the California State
University shall be reduced for the 1998-99 fiscal year by 5 percent
below the level charged during the 1997-98 fiscal year, and the
systemwide fees charged to those students for the 1999-2000 fiscal
year shall be reduced by 5 percent below the level charged during the
1998-99 fiscal year.  Systemwide education and registration fees
charged to resident graduate students at the University of California
and the California State University for the 1999-2000 fiscal year
shall be reduced by 5 percent below the level charged those resident
students for the 1997-98 fiscal year.  This subdivision does not
apply to resident students pursuing a course of study leading to a
professional degree who are subject to a supplemental fee pursuant to
the policy of the University of California.
   (b) No provision of this section shall apply to the University of
California except to the extent that the Regents of the University of
California, by appropriate resolution, make that provision
applicable.
66030.  (a) It is the intent of the Legislature that public higher
education in California strive to provide educationally equitable
environments which give each Californian, regardless of ethnic
origin, race, gender, age, disability, or economic circumstance, a
reasonable opportunity to develop fully his or her potential.
   (b) It is the responsibility of the governing boards of
institutions of higher education to ensure and maintain multicultural
learning environments free from all forms of discrimination and
harassment, in accordance with state and federal law.
66050.  It is the intent of the Legislature that public institutions
of higher education in California shall provide a collegiate
experience which gives each student the skills of communication and
problem solving, the ideas and principles underlying the major areas
of modern knowledge, the ability to consider ethical issues
thoughtfully, the understanding that learning is a continuous
lifelong process, and the knowledge of democracy necessary for good
citizenship.  The Legislature further intends that an undergraduate
education prepare students to think critically and independently, and
to have the flexibility to adapt to changing economic and social
conditions, new workforce needs, and demands of a multicultural
society.  It is also the intent of the Legislature that the segments
of higher education recognize that quality teaching is the core
ingredient of the undergraduate educational experience.  The segments
of higher education are encouraged to improve the quality of
undergraduate education as a central priority of California's public
colleges and universities.
66051.  It is the intent of the Legislature that each segmental
governing board shall affirm that the oversight of teaching quality
is as important a governance issue as its other management and
administrative responsibilities. It is further the intent of the
Legislature that governing boards shall be proactive in protecting
and advancing general education within the undergraduate curriculum.
66052.  (a) The Legislature finds and declares that there is a need
to encourage policies that enhance the quality of teaching within the
segments of higher education.
   (b) It is the intent of the Legislature that the University of
California adopt and enforce policies and procedures which ensure
that quality teaching is an essential criterion, along with research,
in the evaluation of faculty for appointment, retention, promotion,
and tenure.  It is also the intent of the Legislature that the
California State University and the governing board of each community
college district adopt and enforce policies and procedures that
ensure that teaching is given primacy in the evaluation of faculty
for appointment, retention, promotion, and tenure.
   (c) It is further the intent of the Legislature that the governing
board of each public institution of higher education ensure that
teaching is an essential criterion in the review of tenured faculty
members.
66053.  It is the intent of the Legislature that the Regents of the
University of California, the Trustees of the California State
University, and community college governing boards adopt policies and
procedures to ensure that new faculty are competent in classroom
teaching and that instructional resources are made available for
faculty to enhance their teaching.  The Legislature further
encourages the University of California, the California State
University, and the California Community Colleges to establish
appropriate incentives for improving teaching.
66057.  (a) The Legislature finds and declares all of the following:
   (1) The future economic vitality of California will depend on the
state's ability to educate its citizens and to help them develop the
work and social skills needed to compete with workers of other
nations and states in our global economy.
   (2) Ensuring that California's colleges and universities can
accommodate a tidal wave of new students, as well as enable those
from diverse backgrounds to achieve success in their college careers,
will require a variety of strategies.
   (3) The Legislative Analyst's Office (LAO) has reported that most
campuses of the University of California, the California State
University, and the California Community Colleges will soon exceed
their current capacities.
   (4) The LAO has identified year-round operation as a
cost-efficient strategy to address future enrollment growth, by
avoiding capital expenditure for instructional space, such as
classrooms, class laboratories, study space in libraries, and other
selected student support service facilities.
   (5) Year-round operation also increases student access to high
demand campuses, and allows students to accelerate their progress to
degrees.
   (b) Summer session fees at all campuses of the University of
California and the California State University shall not exceed the
fees charged per credit unit for any other academic term, if the
state provides funding to offset any revenue losses that may occur
due to the difference between the state university fee and fees
charged for self-supporting academic programs.
   (c) In recognition of the differing circumstances on the various
campuses throughout the state, the University of California and the
California State University shall retain the flexibility to implement
year-round operation differently on individual campuses.
66060.  (a) Notwithstanding any law to the contrary, higher
educational institutions may establish and maintain child development
programs on or near their respective campuses.  Those higher
educational institutions under contract with the State Department of
Education for child care and development services pursuant to this
chapter or Chapter 2 (commencing with Section 8200) of Part 6 are
subject to the rules and regulations adopted by the Superintendent of
Public Instruction.
   (b) Children of students of each campus operating a child
development program  shall have first priority for service in that
program, in accordance with the priorities established in subdivision
(b) of Section 8263.
   (c) The higher educational institutions may institutionalize child
development programs on their respective campuses for the purpose of
incorporating child development programs into the missions and
functions of the respective campuses.
   (d) The Superintendent of Public Instruction, in cooperation with
higher educational institutions, shall establish rules and
regulations governing programs operated pursuant to this section.
   (e) It is the intention of the Legislature that a consortium
composed of higher educational institutions be established by the
institutions to improve communication and cooperation and to advise
and assist the Superintendent of Public Instruction in the
development of rules and regulations and policies and procedures
affecting child care and development programs.  The Superintendent of
Public Instruction, in cooperation with the consortium, shall be
responsible for ongoing communication with and dissemination of
information to all campus child care and development agencies under
contract with the State Department of Education.
66070.  The Legislature finds and declares all of the following:
   (a) The primary goal of every higher educational institution
should be to provide a collegiate experience which gives each student
the skills of communication and problemsolving, the ideas and
principles underlying the major areas of modern knowledge, the
ability to consider critical issues thoughtfully, the understanding
that learning is a continuous lifelong process, and the knowledge of
democracy necessary for good citizenship.
   (b) To improve performance, educational institutions are
encouraged to use effective assessment mechanisms based on positive
reinforcement, incentives, and cooperation.
66071.  In enacting this article, it is the intent of the
Legislature to urge the continued development and implementation of
assessment processes whereby institutions of higher education
establish mechanisms, through program review and improvement, for the
assessment of their performance in attempting to improve student
learning and comprehension and achieving the expressed state policy
goals for higher education of quality, educational equity, employee
diversity, student transfer, and student retention.  The primary
purposes of assessment shall be to improve teaching and learning as
well as academic advising.  Assessment programs shall be focused on
activities that are campus-based, faculty-centered, and
student-responsive.  Faculty, students, and academic administrators
are encouraged to work together in developing assessment programs.
66072.  It is the intent of the Legislature to monitor the
performance of the University of California, the California State
University, and the community colleges in the following areas:
   (a) Diversification of student bodies.
   (b) Improved student transfer rates.
   (c) Improved student retention rates.
   (d) Diversification of faculty, nonfaculty academic staff, and
administrative positions.
   (e) As a part of program review, enhanced student learning, as
demonstrated through mechanisms designed to explore improvements in
knowledge, skills, and abilities.
66080.  This article shall be known, and may be cited, as the
"English Proficiency in Higher Education Act."
66081.  "Instructional faculty," for purposes of this article, means
every member of an institution of public higher education, other
than visiting faculty, but including graduate teaching assistants,
who teach one or more undergraduate credit courses at a campus of
that institution within this state except courses that are designed
to be taught predominantly in a foreign language, and elective,
special arrangement courses, such as individualized instruction and
independent study courses.
66082.  (a) Each institution of public higher education shall
evaluate its instructional faculty for oral and written proficiency
in the English language in the classroom.  In an institution where a
majority of the students speak English, if a member of the
instructional faculty is unable to demonstrate proficiency in oral or
written communication, he or she shall be required to improve oral
and written communication skills through courses, workshops, or
programs specifically designed for this purpose.
   (b) Each institution shall determine its own method or process of
evaluating the language proficiency of its faculty.
66083.  This article does not apply to the California Community
Colleges.
66100.  A fund in the State Treasury is hereby created, to be known
as the Capital Outlay Fund for Public Higher Education.  All money in
the Capital Outlay Fund for Public Higher Education, including any
money deposited in said fund from any source whatsoever after the
effective date of this chapter, shall be available, when appropriated
by the Legislature, for expenditure for capital outlay purposes
relating to public higher education including, but not limited to,
acquisition of sites and construction of new institutions of public
higher education thereon.
66103.  The Director of Finance shall cause all moneys in the fund
which are in excess of current requirements to be invested and
reinvested from time to time in securities described in Section 16430
of the Government Code, and such securities may be sold or exchanged
if in his opinion such sale or exchange is in the best interests of
the state in effectuating the purposes of this chapter.  All income
derived from such investment, reinvestment, sale, or exchange shall
be credited to the fund.
66201.  It is the intent of the Legislature that each resident of
California who has the capacity and motivation to benefit from higher
education should have the opportunity to enroll in an institution of
higher education.  Once enrolled, each individual should have the
opportunity to continue as long and as far as his or her capacity and
motivation, as indicated by academic performance and commitment to
educational advancement, will lead him or her to meet academic
standards and institutional requirements.
   The Legislature hereby reaffirms the commitment of the State of
California to provide an appropriate place in California public
higher education for every student who is willing and able to benefit
from attendance.
66201.5.  It is the intent of the Legislature that both the
University of California and the California State University shall
seek to maintain an undergraduate student population composed of a
ratio of lower division to upper division students of 40 to 60
percent.  Consistent with Section 66201, it is the intent of the
Legislature that the University of California and the California
State University reach and maintain this goal by instituting programs
and policies that seek to increase the number of transfer students
rather than by denying places to eligible freshmen applicants.
66201.7.  The Regents of the University of California are requested
to, and the Trustees of the California State University shall,
require each campus in their respective systems to develop a process
through which a student admitted to full-time undergraduate status
may apply to defer his or her enrollment for up to one academic year.
  The decision as to whether to grant the deferral of the enrollment
may be made, at the discretion of the affected university, on a
case-by-case basis.
66202.  (a) It is the intent of the Legislature that the following
categories be followed, insofar as practicable in the following
numerical order, for the purpose of enrollment planning and admission
priority practice at the undergraduate resident student level for
the California State University and the University of California:
   (1) Continuing undergraduate students in good standing.
   (2) California Community College transfer students who have
successfully concluded a course of study in an approved transfer
agreement program.
   (3) Other California Community College students who have met all
of the requirements for transfer.
   As stated in legislative findings, the transfer function plays a
key role in meeting the state's goals of educational equity.
Therefore, the Board of Regents of the University of California and
the Board of Trustees of the California State University shall
declare as policy for this paragraph and paragraph (2) of this
subdivision that students who are eligible to transfer and who are
from historically underrepresented groups or economically
disadvantaged families shall be given preference, to the fullest
extent possible under state and federal law, statutes, and
regulations, in transfer admissions decisions, and shall design
policies in conformity with state and federal statutes and
regulations intended to facilitate their success in achieving
transfer.
   (4) Other qualified transfer students.
   (5) California residents entering at the freshman or sophomore
levels.
   (b) It is further the intent of the Legislature that within each
of the preceding enrollment categories, the following groups of
applicants receive priority consideration in admissions practice in
the following order:
   (1) Residents of California who are recently released veterans of
the armed forces of the United States.
   (2) Transfers from California public community colleges.
   (3) Applicants who have been previously enrolled at the campus to
which they are applying, provided they left this institution in good
standing.
   (4) Applicants who have a degree or credential objective that is
not generally offered at other public institutions of higher learning
within California.
   (5) Applicants for whom the distance involved in attending another
institution would create financial or other hardships.
   (c) It is further the intent of the Legislature that those
veterans referred to in paragraph (1) of subdivision (b) who were
enrolled in good standing at a campus of the University of California
or at one of the California State Universities prior to military
service receive priority over other veterans recently released from
military service.
66202.5.  The State of California reaffirms its historic commitment
to ensure adequate resources to support enrollment growth, within the
systemwide academic and individual campus plans to accommodate
eligible California freshmen applicants and eligible California
Community College transfer students, as specified in Sections 66202
and 66730.
   The University of California and the California State University
are expected to plan that adequate spaces are available to
accommodate all California resident students who are eligible and
likely to apply to attend an appropriate place within the system.
The State of California likewise reaffirms its historic commitment to
ensure that resources are provided to make this expansion possible,
and shall commit resources to ensure that students from enrollment
categories designated in subdivision (a) of Section 66202 are
accommodated in a place within the system.  In addition, transfer
students from paragraphs (2) and (3) of subdivision (a) of Section
66202, shall be accommodated at the campus or major of choice
specified in the redirection agreement, the approved transfer program
or written agreements, unless these majors have been declared
"impacted."  For impacted majors, students shall be given the
opportunity to have access to the major when spaces become available,
and new freshmen shall be admitted to the major in a controlled
manner to ensure that all transfer students described in paragraph
(2) of subdivision (a) of Section 66202 have an equitable chance of
being accommodated.  It is the intent of the Legislature to fund
programs designed to accomplish the purposes of this subdivision
through appropriations made in the Budget Act to the public
institutions of higher education, and the annual Budget shall contain
appropriations necessary to accommodate all students from all of the
categories designated in subdivision (a) of Section 66202.
   The segments may, in implementing these enrollment plans and
admissions practice priorities, consider the overall needs of
students in maintaining a balanced program and a quality curriculum,
and are expected to consider the state's goals of educational equity
and racial and ethnic diversity of students and faculty in the
planning and management of their admissions practices.  It is further
the intent of the Legislature that campus enrollment planning
processes provide for the equitable treatment of the following:  (1)
all eligible entering freshmen; (2) continuing students in good
standing; and (3) eligible community college transfer students with
regard to accommodation in majors.
66203.  The California State University and the University of
California shall keep a record of the applicants denied admission and
develop and utilize an information collection system which indicates
the number of qualified applicants who could not be accommodated at
their campus of first choice and were redirected to campuses of
alternate choice and the number of qualified redirected applicants
who declined an offer of admission to an alternate campus.
66204.  (a) The Superintendent of Public Instruction shall assist
all school districts to ensure that all public high school pupils
have access to a core curriculum that meets the admission
requirements of the University of California and the California State
University.  It is the intent of the Legislature that each public
high school shall provide the full precollegiate program, provide
adequate course sections in precollegiate programs to accommodate all
its pupils, and regularly counsel pupils to enter those programs and
courses.  There shall be no policy or practice in any public
elementary or secondary school of directing, especially for cultural
or linguistic reasons, any pupil in kindergarten or any of the grades
1 to 12, inclusive, away from choosing programs which prepare that
pupil academically for college.
   (b) It is the intent of the Legislature that the public and
independent institutions of higher education participate in programs
which assist those in elementary and secondary education in meeting
their responsibilities in preparing students for college.
66205.  (a) In determining the standards and criteria for
undergraduate and graduate admissions to the University of California
and the California State University, it is the intent of the
Legislature that the governing boards do all of the following:
   (1) Develop processes which strive to be fair and are easily
understandable.
   (2) Consider the use of criteria and procedures that allow
students to enroll who are otherwise fully eligible and admissible
but who have course deficiencies due to circumstances beyond their
control, and, when appropriate, provide that the admission requires
the student to make up the deficiency.
   (3) Consult broadly with California's diverse ethnic and cultural
communities.
   (b) It is the intent of the Legislature that the University of
California and the California State University, pursuant to Section
66201.5, seek to enroll a student body that meets high academic
standards and reflects the cultural, racial, geographic, economic,
and social diversity of California.
66207.  The Regents of the University of California are requested
to, and the Trustees of the California State  University shall, upon
the request of an applicant for admission, disclose information
regarding the methodology used to adjust an applicant's grade point
average.
66210.  (a) The Office of Emergency Services shall develop
guidelines for campuses of the University of California and the
California State University to use in developing emergency evacuation
plans for all forms of student housing owned, operated, and offered
by the university, both on campus and off campus.  In developing the
guidelines, the Office of Emergency Services shall consider Sections
3.09 and 3.13 of Title 19 of the California Code of Regulations.  The
guidelines shall address all of the following issues:
   (1) Plan content.  The plans should include, but need not be
limited to, the following:
   (A) Specific evacuation routes that recognize the needs of persons
with special needs, such as handicapped persons.
   (B) The designation of a meeting place or places upon evacuation.
   (C) The education of students and staff in emergency procedures.
   (2) The implementation and maintenance of the evacuation plan by
the Director of Student Housing, or other appropriate officer, at the
individual campuses.  The director, or other appropriate officer, is
responsible for scheduling periodic tests of the plan and
implementing changes as needed.
   (b) Each campus of the University of California and the California
State University shall establish an emergency evacuation plan for
its postsecondary student housing and may consult with the Office of
Emergency Services for guidance in developing and establishing the
plan.
66250.  This chapter shall be known, and may be cited, as the Sex
Equity in Education Act.
66251.  It is the policy of the State of California to afford all
persons, regardless of their sex, ethnic group identification, race,
national origin, religion, mental or physical disability, or
regardless of any basis that is contained in the prohibition of hate
crimes set forth in subdivision (a) of Section 422.6 of the Penal
Code, equal rights and opportunities in the postsecondary
institutions of the state.  The purpose of this chapter is to
prohibit acts that are contrary to that policy and to provide
remedies therefor.
66252.  (a) All students have the right to participate fully in the
educational process, free from discrimination and harassment.
   (b) California's postsecondary educational institutions have an
affirmative obligation to combat racism, sexism, and other forms of
bias, and a responsibility to provide equal educational opportunity.
   (c) Harassment on school grounds directed at an individual on the
basis of personal characteristics or status creates a hostile
environment and jeopardizes equal educational opportunity as
guaranteed by the California Constitution and the United States
Constitution.
   (d) There is an urgent need to prevent and respond to acts of hate
violence and bias-related incidents that are occurring at an
increasing rate in California's public schools.
   (e) There is an urgent need to teach and inform students in the
public schools about their rights, as guaranteed by the federal and
state constitutions, in order to increase students' awareness and
understanding of their rights and the rights of others, with the
intention of promoting tolerance and sensitivity in postsecondary
educational institutions and in society as a means of responding to
potential harassment and hate violence.
   (f) It is the intent of the Legislature that each postsecondary
educational institution undertake educational activities to counter
discriminatory incidents on school grounds and, within constitutional
bounds, to minimize and eliminate a hostile environment on school
grounds that impairs the access of students to equal educational
opportunity.
   (g) It is the intent of the Legislature that this chapter shall be
interpreted as consistent with  Article 9.5 (commencing with Section
11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code, Title VI of the federal Civil Rights Act of 1964 (42
U.S.C.  Sec. 1981, et seq.), Title IX of the Education Amendments of
1972 (20 U.S.C.  Sec. 1681, et seq.), Section 504 of the federal
Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)), the federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et
seq.), the federal Equal Educational Opportunities Act (20 U.S.C.
Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53,
incl., Civ. C.), and the Fair Employment and Housing Act (Pt.  2.8
(commencing with Sec. 12900), Div. 3, Gov.  C.), except where this
chapter may grant more protections or impose additional obligations,
and that the remedies provided herein shall not be the exclusive
remedies, but may be combined with remedies that may be provided by
the above statutes.
66260.  The definitions in this article shall govern the use of the
terms defined for purposes of this chapter.
66261.  "Governing board"  means the governing board of a community
college.
66261.5.  "Postsecondary educational institution" means a public or
private institution of vocational, professional, or postsecondary
education; the governing board of a community college district; the
Regents of the University of California; or the Trustees of the
California State University.
66262.  "Sex" has the same meaning as defined in Section 212.
66262.5.  "Sexual harassment" has the same meaning as defined in
Section 212.5.
66263.  "State financial assistance" has the same meaning as defined
in Section 213.
66264.  "State student financial aid" has the same meaning as
defined in Section 214.
66270.  No person shall be subjected to discrimination on the basis
of sex, ethnic group identification, race, national origin, religion,
color, or mental or physical disability, or any basis that is
contained in the prohibition of hate crimes set forth in subdivision
(a) of Section 422.6 of the Penal Code in any program or activity
conducted by any postsecondary educational institution that receives,
or benefits from, state financial assistance or enrolls students who
receive state student financial aid.
66270.5.  This chapter shall not apply to an educational institution
that is controlled by a religious organization if the application
would not be consistent with the religious tenets of that
organization.
66271.1.  The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California may, adopt
regulations as required by law to implement this chapter.
66271.5.  The provisions of this article are supplemental to any
provision in the Constitution or laws of the United States or laws of
the State of California, relating to discrimination.
66271.7.  (a) It is the policy of the state that community college
classes and courses, including nonacademic and elective classes and
courses, shall be conducted without regard to the sex of the student
enrolled in these classes and courses.
   (b) No community college district shall prohibit any student from
enrolling in any class or course on the basis of the sex of the
student.
   (c) No community college district shall require students of one
sex to enroll in a particular class or course, unless the same class
or course is also required of students of the opposite sex.
   (d) No school counselor, teacher, instructor, administrator, or
aide shall, on the basis of the sex of a student, offer vocational or
school program guidance to students of one sex which is different
from that offered to students of the opposite sex or, in counseling
students, differentiate career, vocational or higher education
opportunities on the basis of the sex of the student counseled.  Any
school personnel acting in a career counseling or course selection
capacity to any pupil shall affirmatively explore with the pupil the
possibility of careers, or courses leading to careers, that are
nontraditional for that pupil's sex.
   (e) Participation in a particular physical education activity or
sport, if required of students of one sex, shall be available to
students of each sex.
   (f) The Legislature finds and declares that female students are
not accorded opportunities for participation in community college
athletic programs equal to those accorded male students.  It is the
intent of the Legislature that opportunities for participation in
community college athletics be provided equally to male and female
students and on an equitable basis to all students.
   (g) Insofar as practicable, in apportioning public funds,
community college district governing boards shall apportion amounts
available for athletics to ensure that equitable amounts will be
allocated for all students, except that allowances may be made for
differences in the costs of various athletic programs.
Notwithstanding any other provisions of law, no public funds shall be
used in connection with any athletic program conducted under the
auspices of the governing board of a community college district, or
any student organization within the district, which does not provide
equal opportunity to both sexes for participation and for use of
facilities.  Facilities and opportunities for participation shall
include, but are not limited to, equipment and supplies, scheduling
of games and practice time, compensation for coaches, travel
arrangements, per diem, locker rooms, and medical services.
   (h) It is the further intent of the Legislature that females be
given the same opportunity to participate in athletics and compete
with other females in individual and team sports as is available to
males who compete with other males in individual and team sports.
Nothing in this section shall be construed to require a community
college to require competition between male and female students in
school-sponsored athletic programs.
66272.  This article shall not apply to an educational institution
whose primary purpose is the training of individuals for the military
services of the United States, or the merchant marine.
66273.  This article shall not apply to the membership practices of
a social fraternity or social sorority, exempt from taxation under
subdivision (a) of Section 501 of the federal Internal Revenue Code
of 1954, whose active membership consists primarily of students in
attendance at a postsecondary educational institution.
66276.  This article shall not apply to any scholarship or other
financial assistance awarded by a postsecondary educational
institution to any individual upon the basis of a combination of
factors related to the individual's personal appearance, poise, and
talent as an award in any pageant in which participation is limited
exclusively to individuals of one sex, provided that the pageant
complies with other nondiscrimination provisions of state and federal
law.
66277.  In regard to admissions to educational institutions, this
article shall apply only to institutions of vocational, professional,
or postgraduate education, and to public postsecondary education
institutions.
66278.  In regard to admissions to educational institutions, this
article shall not apply to any public institution of undergraduate
higher education which traditionally and continually from its
establishment has had a policy of admitting only students of one sex.
66281.5.  (a) It is the policy of the State of California, pursuant
to Section 66251, that all persons, regardless of their sex, should
enjoy freedom from discrimination of any kind in the postsecondary
educational institution of the state.  The purpose of this section is
to provide notification of the prohibition against sexual harassment
as a form of sexual discrimination and to provide notification of
available remedies.
   (b) Each postsecondary educational institution in the State of
California shall have a written policy on sexual harassment.  It is
the intent of the Legislature that each educational institution in
this state include this policy in its regular policy statement rather
than distribute an additional written document.
   (c) The postsecondary educational institution's written policy on
sexual harassment shall include information on where to obtain the
specific rules and procedures for reporting charges of sexual
harassment and for pursuing available remedies.
   (d) A copy of the postsecondary educational institution's written
policy on sexual harassment shall be displayed in a prominent
location in the main administrative building or other area of the
campus or schoolsite.  "Prominent location" means that location, or
those locations, in the main administrative building or other area
where notices regarding the institution's rules, regulations,
procedures, and standards of conduct are posted.
   (e) A copy of the postsecondary educational institution's written
policy on sexual harassment, as it pertains to students, shall be
provided as part of any orientation program conducted for new
students at the beginning of each quarter, semester, or summer
session, as applicable.
   (f) A copy of the postsecondary educational institution's written
policy on sexual harassment shall be provided for each faculty
member, all members of the administrative staff, and all members of
the support staff at the beginning of the first quarter or semester
of the school year, or at the time that there is a new employee
hired.
   (g) A copy of the postsecondary educational institution's written
policy on sexual harassment shall appear in any publication of the
institution that sets forth the comprehensive rules, regulations,
procedures, and standards of conduct for the institution.
66290.  Prior to receipt of any state financial assistance or state
student financial aid, a postsecondary educational institution shall
provide assurance to the agency administering the funds, in the
manner required by the funding agency, that each program or activity
conducted by the postsecondary educational institution will be
conducted in compliance with this chapter and all other applicable
provisions of state law prohibiting discrimination on the basis of
sex.  A single assurance, not more than one page in length and signed
by an appropriate responsible official of the postsecondary
educational institution, may be provided for all the programs and
activities conducted by a postsecondary educational institution.
66291.  (a) A community college district shall submit timely,
complete, and accurate compliance reports to the chancellor's office,
as that entity may require.
   (b) All reports submitted pursuant to this section shall be made
available by the educational institution for public inspection during
regular business hours.
66292.  (a) The governing board of a community college district
shall have the primary responsibility for ensuring that community
college district programs and activities are free from discrimination
based on ethnic group identification, religion, age, sex, color, or
physical or mental disability.
   (b) The Chancellor's office of the California Community Colleges
shall have responsibility for monitoring the compliance of each
district with any and all regulations adopted pursuant to Section
11138 of the Government Code.
66292.1.  The Chancellor of the California State University and the
president of each California State University campus shall have the
primary responsibility for ensuring that campus programs and
activities are free from discrimination based on ethnic group
identification, religion, age, sex, color, or physical or mental
disability.
66292.2.  The President of the University of California and the
chancellor of each University of California campus shall have primary
responsibility for ensuring that campus programs and activities are
free from discrimination based on ethnic group identification,
religion, age, sex, color, or physical or mental disability.
66292.3.  (a) A party to a written complaint of prohibited
discrimination may appeal the action taken by the governing board of
a community college district or the president of a campus of the
California State University, pursuant to this article, to the Board
of Governors of the California Community Colleges or the Chancellor
of the California State University, as applicable.
   (b) Persons who have filed a complaint, pursuant to this chapter,
with an educational institution shall be advised by the educational
institution that civil law remedies, including, but not limited to,
injunctions, restraining orders, or other remedies or orders, may
also be available to complainants.  The educational institution shall
make this information available by publication in appropriate
informational materials.
   (c) Nothing in this chapter shall be construed to require an
exhaustion of the appeal to the Board of Governors of the California
Community Colleges or to the Chancellor of the California State
University pursuant to subdivision (a), before civil law remedies may
be purchased.
   (d) Notwithstanding any other provision of law, a person who
alleges that he or she is a victim of discrimination may not seek
civil remedies pursuant to this section until at least 90 days have
elapsed from the filing of a discrimination complaint with the local
educational agency.  The 90-day moratorium imposed by this
subdivision does not apply to injunctive relief and is applicable
only if the local educational agency has appropriately, and in a
timely manner, apprised the complainant of his or her right to file a
complaint.
66292.4.  This chapter may be enforced through a civil action.
66300.  The Regents of the University of California, the Trustees of
the California State University, and the governing board of every
community college district, shall adopt or provide for the adoption
of specific rules and regulations governing student behavior along
with applicable penalties for violation of the rules and regulations.
  The institutions shall adopt procedures by which all students are
informed of such rules and regulations, with applicable penalties,
and any revisions thereof.
66301.  (a) Neither the Regents of the University of California, the
Trustees of the California State University, nor the governing board
of any community college district shall make or enforce any rule
subjecting any student to disciplinary sanction solely on the basis
of conduct that is speech or other communication that, when engaged
in outside a campus of those institutions, is protected from
governmental restriction by the First Amendment to the United States
Constitution or Section 2 of Article 1 of the California
Constitution.
   (b) Any student enrolled in an institution, as specified in
subdivision (a), that has made or enforced any rule in violation of
subdivision (a) may commence a civil action to obtain appropriate
injunctive and declaratory relief as determined by the court.  Upon
motion, a court may award attorney's fees to a prevailing plaintiff
in a civil action pursuant to this section.
   (c) Nothing in this section shall be construed to authorize any
prior restraint of student speech.
   (d) Nothing in this section prohibits the imposition of discipline
for harassment, threats, or intimidation, unless constitutionally
protected.
   (e) Nothing in this section prohibits an institution from adopting
rules and regulations that are designed to prevent hate violence, as
defined in subdivision (a) of Section 4 of Chapter 1363 of the
Statutes of 1992, from being directed at students in a manner that
denies them their full participation in the educational process, so
long as the rules and regulations conform to standards established by
the First Amendment to the United States Constitution and Section 2
of Article 1 of the California Constitution for citizens generally.

66400.  No person shall prepare, offer to prepare, cause to be
prepared, sell, or otherwise distribute any term paper, thesis,
dissertation, or other written material for another person, for a fee
or other compensation, with the knowledge, or under circumstances in
which he should reasonably have known, that such term paper, thesis,
dissertation, or other written material is to be submitted by any
other person for academic credit at any public or private college,
university, or other institution of higher learning in this state.
66401.  No person shall make or disseminate, with the intent to
induce any other person to enter into any obligation relating
thereto, any statement, written or oral, that he will prepare, cause
to be prepared, sell, or otherwise distribute any term paper, thesis,
dissertation, or other written material, for a fee or other
compensation, for or on behalf of any person who has been assigned
the written preparation of such term paper, thesis, dissertation, or
other written material for academic credit at any public or private
college, university, or other institution of higher learning in this
state.
66402.  Any court of competent jurisdiction is hereby authorized to
grant such relief as is necessary to enforce the provisions of this
chapter, including the issuance of an injunction.
66403.  Actions for injunction under the provisions of this chapter
may be brought in the name of the people of the State of California
upon their own complaint or upon the complaint of any person, or in
the name of any public or private college, university, or other
institution of higher learning, acting for the interest of itself,
its students, or the general public.
66404.  The provisions of this chapter are not exclusive. Nothing in
this chapter shall be construed to preempt or in any other way
limit, diminish, or imply the absence of rights of any party, public
or private, against any person in connection with any of the acts
described in Section 66400 or Section 66401.
66405.  As used in this chapter, "person" means any individual,
partnership, corporation, limited liability company, or association.
   As used in this chapter, "prepare" means to put into condition for
intended use. "Prepare" does not include the mere typing or
assembling of papers, nor the mere furnishing of information or
research.
66450.  (a) Except as authorized by policies developed in accordance
with subdivision (a) of Section 66452, no business, agency, or
person, including, but not necessarily limited to, an enrolled
student, shall prepare, cause to be prepared, give, sell, transfer,
or otherwise distribute or publish, for any commercial purpose, any
contemporaneous recording of an academic presentation in a classroom
or equivalent site of instruction by an instructor of record.  This
prohibition applies to a recording made in any medium, including, but
not necessarily limited to, handwritten or typewritten class notes.
   (b) Nothing in this section shall be construed to interfere with
the rights of disabled students under law.
   (c) As used in this section:
   (1) "Academic presentation" means any lecture, speech,
performance, exhibit, or other form of academic or aesthetic
presentation, made by an instructor of record as part of an
authorized course of instruction that is not fixed in a tangible
medium of expression.
   (2) "Commercial purpose" means any purpose that has financial or
economic gain as an objective.
   (3) "Instructor of record" means any teacher or staff member
employed to teach courses and authorize credit for the successful
completion of courses.
66451.  (a) Any court of competent jurisdiction may grant relief
that it finds necessary to enforce this chapter, including the
issuance of an injunction.  Any person injured by a violation of this
chapter, in addition to actual damages, may recover court costs,
attorney's fees, and a civil penalty from any person who is not a
student enrolled in the institution at which the instructor of record
makes his or her academic presentation and who seeks to obtain
financial or economic gain through the unauthorized dissemination of
the academic presentation.  The amount of the civil penalty shall not
exceed one thousand dollars ($1,000) for the first offense, five
thousand dollars ($5,000) for the second offense, and for any
subsequent offense, a penalty of not less than ten thousand dollars
($10,000) or more than twenty-five thousand dollars ($25,000).
   (b) Actions for any relief pursuant to this chapter may be
prosecuted in a court of competent jurisdiction by the Attorney
General or any district attorney or by any county counsel authorized
by agreement with the district attorney in actions involving
violation of a county ordinance, or any city attorney of a city, or
city and county, having a population in excess of 750,000, and, with
the consent of the district attorney, by a city prosecutor in any
city having a full-time city prosecutor or, with the consent of the
district attorney, by a city attorney in any city, or city and
county, in the name of the people of the State of California upon
their own complaint or upon the complaint of any board, officer,
person, corporation, or association or by any person acting for the
interests of itself, its members, or the general public.
   (c) It does not constitute a violation of this chapter for a
business, agency, or person solely to provide access or connection to
or from a facility, system, or network over which that business,
agency, or person has no control, including related capabilities that
are incidental to providing access or connection.  This subdivision
does not apply to a business or agency that is owned by, or to a
business, agency, or person that is controlled by, or a conspirator
with, a business, agency, or person actively involved in the
creation, editing, or knowing distribution of a contemporaneous
recording that violates this chapter.
66452.  (a) The Regents of the University of California and the
governing boards of private postsecondary institutions are requested
to, the Trustees of the California State University shall, and the
governing board of each community college district may, in
consultation with faculty, in accordance with applicable procedures,
develop policies to prohibit the unauthorized recording,
dissemination, and publication of academic presentations for
commercial purposes.  Nothing in this chapter is intended to change
existing law as it pertains to the ownership of academic
presentations.
   (b) The Regents of the University of California and the governing
boards of private postsecondary institutions are requested to, the
Trustees of the California State University shall, and the governing
board of each community college district may, adopt or provide for
the adoption of specific regulations governing a violation of this
chapter by students, along with applicable penalties for a violation
of the regulations.  The regents are requested to, the trustees
shall, and the governing board of each community college district
may, adopt procedures to inform all students of those regulations,
with applicable penalties, and any revisions thereof.
66500.  Each public postsecondary educational institution shall make
every reasonable effort to inform all male applicants for
undergraduate admission of their obligation to register in accordance
with the federal Military Selective Service Act (50 U.S.C. App. 451
et seq.) through one or more means, as determined by each
institution.  This effort may include, but is not limited to, all of
the following:
   (a) Including a Federal Application For Student Aid form in
application or registration materials.
   (b) Including referral information to the Selective Service Agency
or its homepage in written documents, such as an application, or
electronic communications, such as a homepage or an electronically
mailed application.
   (c) Placing selective service registration cards in admissions
offices, or other appropriate administrative offices.
66600.  The California State University shall be administered by a
board designated as the Trustees of the California State University,
which is hereby created.
66601.  Whenever, in any law, the term "Trustees of the State
College System of California" or "Trustees of the California State
University," or the term "chief executive officer of the state
college system" is used, such terms shall be deemed to mean the
Trustees of the California State University and the Chancellor of the
California State University, respectively.
66602.  (a) The board shall be composed of the following four ex
officio members:  the Governor, the Lieutenant Governor, the
Superintendent of Public Instruction, and the person named by the
trustees to serve as the Chancellor of the California State
University; a representative of the alumni associations of the state
university and colleges, selected for a two-year term by the alumni
council, California State University, which representative shall not
be an employee of the California State University during the two-year
term; and 16 appointive members appointed by the Governor and
subject to confirmation by two-thirds of the membership of the
Senate.
   (b) (1) There shall also be appointed by the Governor for two-year
terms, two students from California state  universities or colleges
who shall have at least a junior year standing at the institutions
they attend, and who remain in good standing as students  during the
two-year term.
   (2) In the selection of students as members of the board, the
Governor shall appoint the students from lists of names of at least
two, but not more than five, persons furnished by the governing board
of any statewide student organization that represents the students
of the California State University and the student body organizations
of the campuses of the California State University.  Any appointment
to fill a vacancy of a student member shall be effective only for
the remainder of the term of the person's office that became vacated.
   (3) The term of office of one student member of the board shall
commence on July 1 of an even-numbered year and expire on June 30 two
years thereafter.  The term of office of the other student member of
the board shall commence on July 1 of an odd-numbered year and
expire on June 30 two years thereafter.  Notwithstanding paragraph
(1), a student member who graduates from his or her college or
university on or after January 1 of the second year of his or her
term of office may serve the remainder of the term.
   (4) During the first year of a student member's term, a student
member shall be a member of the board and may attend all meetings of
the board and its committees.  At these meetings, a student member
may fully participate in discussion and debate, but may not vote.
During the second year of a student member's term, a student member
may exercise the same right to attend meetings of the board, and its
committees, and shall have the same right to vote as the members
appointed pursuant to subdivision (a).
   (5) Notwithstanding paragraph (4), if a student member resigns
from office or a vacancy is otherwise created in that office during
the second year of a student member's term, the remaining student
member shall immediately assume the office created by the vacancy and
all of the participation privileges of the second-year student
member, including the right to vote, for the remainder of that term
of office.
   (c) The Speaker of the Assembly shall be an ex officio member,
having equal rights and duties with nonlegislative members.
   (d) (1) There shall also be appointed by the Governor for a
two-year term, a faculty member from the California State University
who shall be tenured at the California state university or college at
which he or she teaches.  In the selection of a faculty member as a
member of the board, the Governor shall appoint the faculty member
from a list of names of at least two persons furnished by the
Academic Senate of the California State University.
   (2) The faculty member of the board appointed by the Governor
pursuant to this subdivision shall not participate on any
subcommittee of the board responsible for collective bargaining
negotiations.
   (3) The term of office of the faculty member of the board shall
commence on July 1 and expire on June 30 two years thereafter.
66603.  The term of the appointive trustees shall be eight years.
66604.  The expiration of a trustee's term of office as a member of
the State Board of Education or any earlier vacancy in that office
shall create a vacancy in his trusteeship, unless the term ascribed
thereto by lot has already expired. In case of any vacancy on the
board of trustees, the Governor shall appoint a successor for the
balance of the term as to which such vacancy exists.
66604.5.  Each appointive trustee shall receive actual and necessary
travel expenses and one hundred dollars ($100) for each day he or
she is attending to official business.
66605.  If the trustees and the Regents of the University of
California both consent, the Chancellor of the California State
University shall sit with the Regents of the University of California
in an advisory capacity and the President of the University of
California shall sit with the trustees in an advisory capacity.
66606.  The Trustees of the California State University shall
succeed to the powers, duties, and functions with respect to the
management, administration, and control of the state colleges
heretofore vested in the State Board of Education or in the Director
of Education, including all powers, duties, obligations, and
functions specified in Article 2 (commencing with Section 90010) of
Chapter 8 of Part 55, and all obligations assumed by the State Board
of Education pursuant to that article prior to July 1, 1961.
   On and after July 1, 1961, the Trustees of the California State
University shall have full power and responsibility in the
construction and development of any state university campus, and any
buildings or other facilities or improvements connected with the
California State University.  The powers shall be exercised by the
Trustees of the California State University notwithstanding  Chapter
10 (commencing with Section 14950) of Part 5.5 of Division 3 of Title
2 of the Government Code and Chapter 1 (commencing with Section
10100) of Part 2 of Division 2 of the Public Contract Code, except
that the powers shall be carried out pursuant to Chapter 2.5
(commencing with Section 10700) of Part 2 of Division 2 of the Public
Contract Code known as the California State University Contract Law.
   The Trustees of the California State University may accept gifts
of land, or gifts of options on land, may accept and expend gifts of
money for the purchase of land or options on land, and may enter into
negotiations and contracts for the purchase of land for a future
state university site in the vicinity of any of the areas specified
in the recommendations contained in the Master Plan for Higher
Education printed on page 42, paragraph 5, Senate Journal (Regular
Session) for February 1, 1960, except that the gifts, expenditures,
negotiations, and contracts shall not obligate the expenditure of any
state funds for the purchase of the land or for development on the
land, unless the Legislature subsequently approves the obligation by
appropriating the funds for that specific purpose.
   Any acceptance, acceptance and expenditure, or negotiations and
contract may be conditioned upon an automatic reversion back to the
donor or automatic termination of the negotiations and contract if a
new state university is not established at a specific site prior to a
specific date designated by the trustees and the donor or the
trustees and the person or corporation with whom the trustees are
negotiating or contracting.
66606.2.  Recognizing the unique mission and functions of the
California State University among the departments, agencies, and
boards of the state, it is the intent of the Legislature that both of
the following occur:
   (a) Before legislation that, by its terms, applies to the state or
its agencies, departments, or boards, may apply to the California
State University, the legislation should be compatible with the
mission and functions of the California State University.
   (b) The California State University not be governed by any statute
enacted after January 1, 1997, that does not amend a previously
applicable act and that applies generally to the state or to state
agencies, departments, or boards, unless the statute expressly
provides that the California State University is to be governed by
that statute.
66607.  The California State University shall be entirely
independent of all political and sectarian influence and kept free
therefrom in the appointment of its trustees and in the
administration of its affairs, and no person shall be debarred
admission to any department of the state university on account of
sex.
66609.  All state employees employed on June 30, 1961, in carrying
out functions transferred to the Trustees of California State
University by this chapter, except persons employed by the Director
of Education in the Division of State Colleges and Teacher Education
of the Department of Education, are transferred to the California
State University.
   Nonacademic employees so transferred shall retain their respective
positions in the state service, together with the personnel benefits
accumulated by them at the time of transfer, and shall retain such
rights as may attach under the law to the positions which they held
at the time of transfer.  All nonacademic positions filled by the
trustees on and after July 1, 1961, shall be by appointment made in
accordance with Chapter 5 (commencing with Section 89500) of Part 55,
and persons so appointed shall be subject to the provisions of
Chapter 5.
   The trustees shall provide, or cooperate in providing, academic
and administrative employees transferred by this section with
personnel rights and benefits at least equal to those accumulated by
them as employees of the state colleges, except that any
administrative employee may be reassigned to an academic or other
position commensurate with his or her qualifications at the salary
fixed for that position.  An administrative employee so reassigned
shall have a right to appeal from such reassignment, but only as to
whether the position to which he or she is reassigned is commensurate
with his or her qualifications. All academic and administrative
positions filled by the trustees on and after July 1, 1961, shall be
filled by appointment made solely at the discretion of the trustees.
The trustees shall establish and adjust the salaries and
classifications of all academic, nonacademic, and administrative
positions and neither Section 18004 of the Government Code nor any
other provision of law requiring approval by a state officer or
agency for salaries or classifications shall be applicable thereto.
In establishing and adjusting salaries, consideration shall be given
to the maintenance of the state university in a competitive position
in the recruitment and retention of qualified personnel in relation
to other educational institutions, private industry, or public
jurisdictions which are employing personnel with similar duties and
responsibilities. The establishment and adjustment of salaries for
nonacademic employees shall be in accordance with the standards
prescribed in Section 18850 of the Government Code.  The trustees,
however, shall make no adjustments which require expenditures in
excess of existing appropriations available for the payment of
salaries.  The provisions of Chapter 5 (commencing with Section
89500) of Part 52 relating to appeals from dismissal, demotion, or
suspension shall be applicable to academic employees.
   Persons excluded from the transfer made by this section shall
retain all the rights and privileges conferred upon civil service
employees by law. Personnel of state agencies employed in state
university work other than those transferred by this section and who
are employed by the trustees prior to July 1, 1962, shall be provided
with personnel rights and benefits at least equal to those
accumulated by them as employees of such state agencies.
   If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
66700.  The California Community Colleges are postsecondary schools
and shall continue to be a part of the public school system of this
state.  The Board of Governors of the California Community Colleges
shall prescribe minimum standards for the formation and operation of
the California Community Colleges and exercise general supervision
over the California Community Colleges.
66720.  The Board of Governors of the California Community Colleges,
the Regents of the University of California, and the Trustees of the
California State University, with appropriate consultation with the
Academic Senates of the respective segments, shall jointly develop,
maintain, and disseminate a common core curriculum in general
education courses for the purposes of transfer.  Any person who has
successfully completed the transfer core curriculum, shall be deemed
to have thereby completed all lower division general education
requirements for the University of California and the California
State University.
66721.  Upon development of the transfer core curriculum pursuant to
Section 66720, and upon any subsequent joint revision of that
curriculum, the Board of Governors of the California Community
Colleges, the Regents of the University of California, and the
Trustees of the California State University shall jointly cause the
curriculum to be published and distributed to each public school in
this state that provides instruction in any of the grades 7 to 12,
inclusive, and to  each community college in this state, with an
emphasis on the communication of that information to each school or
college having a high proportion of students who are members of one
or more ethnic minorities.  In addition, the Board of Governors shall
distribute that transfer core curriculum to the State Board of
Education, which shall apply that information to ensure, through its
curriculum development activities, that public school pupils enrolled
in any of the grades 9 to 12, inclusive, are aware of the academic
requirements for preparation for higher education and may receive any
necessary academic remediation in a timely manner.
66721.5.  (a) (1) The governing board of each community college
district shall direct the appropriate officials at their respective
campuses to provide each of their students with a copy of the current
transfer core curriculum.
   (2) As used in this section, "transfer core curriculum" means the
lower-division, general education transfer curriculum that, pursuant
to Section 66720, is fully articulated between the California
Community Colleges and the California State University and University
of California.
   (b) A copy of the current transfer core curriculum shall be
distributed to each newly admitted community college student who is
enrolled in a degree or certification program and is physically in
attendance at the institution.
   (c) The governing board of a community college district shall
ensure that the text of the current transfer core curriculum is
included in the published class schedule for each academic term.
Copies of the transfer core curriculum may also be made available in
other locations on each campus, including, but not necessarily
limited to, all of the following:
   (1) The admissions office.
   (2) The bookstore.
   (3) The career counseling center.
   (4) The veteran's affairs office.
   (d) Notwithstanding subdivision (c), the governing board of a
community college may, as an alternative to the methods of
distribution set forth in subdivision (c), distribute copies of the
current transfer core curriculum by any of the following means:
   (1) During the registration process.
   (2) By mail, with the registration materials or the enrollment
materials, or both, or with other items sent to students.
   (3) During the issuance of student identification cards.
   (4) During student orientation programs.
   (e) Nothing in this section shall be construed to limit the
distribution of the transfer core curriculum to community college
students.
66722.  It is the intent of the Legislature that the transfer
function shall be a central institutional priority of all segments of
higher education in California, and that the segments shall have as
a fundamental policy and practice the maintenance of an effective
transfer system.
66722.5.  It is the intent of the Legislature that the segments of
higher education shall pursue the development of transfer agreement
programs that specify the curricular requirements that must be met,
and the level of achievement that must be attained, by community
college students in order for those students to transfer to the
campus, undergraduate college, or major of choice in the public
four-year segments.
66730.  (a) The Regents of the University of California, the
Trustees of the California State University, and the Board of
Governors of the California Community Colleges shall have as a
fundamental policy the maintenance of a healthy and expanded student
transfer system.  Both the University of California and the
California State University shall have as a basic enrollment policy
the maintenance of upper division enrollment, which are students who
have attained upper division status, at 60 percent of total
undergraduate enrollment.  This goal shall be met through programs
aimed at increasing the numbers of qualified transfer students from
the community colleges without denying eligible freshmen applicants.
   (1) The California State University shall maintain its upper
division enrollment, which are students who have attained upper
division status, at approximately 60 percent of total undergraduate
enrollment.  Its planning documents shall reflect this policy.
   (2) Commencing in the 1991-92 academic year, the University of
California shall progressively increase the percentage that upper
division enrollment systemwide is of total undergraduate enrollment
through the 1995 -96 academic year until that percentage reaches
approximately 60 percent.  This shall be accomplished through
increases in the numbers of community college transfer students
admitted to upper division standing at the university without denying
eligible freshmen applicants.  Planning documents shall reflect
these expected increases.
   (b) The governing board of each segment shall ensure that
individual university and college campus enrollment plans include
adequate upper division places for  community college transfer
students in all undergraduate colleges or schools, and that each
undergraduate college or school on each campus participates in
developing articulation and transfer agreement programs with
community colleges.  The governing boards shall meet this goal within
their respective general statewide planning framework used to attain
and maintain the state's goal of a 60/40 ratio of upper to lower
division students, their segmental enrollment planning processes, and
campus planning regarding program balance, educational quality, and
other relevant goals.
66731.  Student matriculation from community colleges through the
University of California and the California State University shall be
recognized by the Governor, Legislature, and the governing boards of
each of California's public postsecondary education segments as a
central institutional priority of all segments of higher education.
66732.  The governing boards of each segment shall declare as policy
that the student transfer agreement program shall constitute a
significant role in achieving the goal of student diversity within
their segments, and in ensuring that all students, particularly those
currently underrepresented in higher education, have access to a
university education.  The governing boards of each segment shall
design, adopt, and implement policies intended to facilitate
successful movement of students from community colleges through the
University of California and the California State University.
66734.  The  Board of Governors of the California Community Colleges
shall have the authority and responsibility to guarantee that all
community college students have access to courses that meet the lower
division baccalaureate degree requirements of the California public
universities.  The Board of Governors of the  California Community
Colleges, with the cooperation of the Regents of the University of
California and the Trustees of the California State University, shall
ensure that all students are clearly and fully informed as to which
community college courses and units are transferable and meet the
general education and lower division major requirements at the
California State University and the University of California.
66736.  Each community college district governing board shall ensure
that its college or colleges maintain student transfer counseling
centers or other counseling and student services designed and
implemented to affirmatively seek out, counsel, advise, and monitor
the progress of potential and identified community college transfer
students.
   All policies and procedures shall give preference and emphasis
toward enhancing the transfer of students from economically
disadvantaged families and students from traditionally
underrepresented minorities, to the fullest extent possible under
state and federal statutes and regulations.
66737.  The Regents of the University of California, the Trustees of
the California State University, and the Board of Governors of the
California Community Colleges are expected to develop new programs of
outreach, recruitment, and cooperation between and among the three
segments of public higher education to facilitate the successful
transfer of students between the community colleges and the
universities.  Every community college student who successfully
completes the transfer agreement programs, as defined in Section
66738, in a community college shall have an appropriate place in an
upper division university program.
66738.  (a) The governing board of each public postsecondary
education segment shall be accountable for the development and
implementation of formal systemwide articulation agreements and
transfer agreement programs, including those for general education or
a transfer core curriculum, and other appropriate procedures to
support and enhance the transfer function.
   (b) The elements in a comprehensive transfer system shall include,
but not be limited to, the following:
   (1) Enrollment and resource planning; intersegmental faculty
curricular efforts.
   (2) Coordinated counseling.
   (3) Financial aid and transfer services.
   (4) Transfer articulation agreements and programs.
   (5) Specific efforts to improve diversity.
   (6) Early outreach activities.
   (7) Expansion of current practices relating to concurrent
enrollment of community college students in appropriate university
courses.
   (8) Centers.
   (c) The governing board of each segment shall expand existing
practices related to concurrent enrollment, in which community
college students are provided the opportunity to take courses at
University of California and California State University campuses, as
space is available; and to expand opportunities for potential
transfer students to participate in activities that familiarize them
with the university campus.
66740.  Each department, school, and major in the University of
California and California State University shall develop, in
conjunction with community college faculty in appropriate and
associated departments, discipline-specific articulation agreements
and transfer program agreements for those majors that have lower
division prerequisites.  Faculty from the community colleges and
university campuses shall participate in discipline-specific
curriculum development to coordinate course content and expected
levels of student competency.
   Where specific majors are impacted or over-subscribed, the
prescribed course of study and minimum grade point average required
for consideration for upper division admission to all of these majors
shall be made readily available to community college counselors,
faculty, and students on an annual basis.  In cases where the
prescribed course of study is altered by the university department,
notice of the modification shall be communicated to appropriate
community college faculty and counselors at least one year prior to
the deadline for application to that major and implementation by the
department responsible for teaching that major.
   Community college districts, in conjunction with the California
State University and the University of California, shall develop
discipline-based agreements with as many campuses of the two
university segments as feasible, and no fewer than three University
of California campuses and five California State University campuses.
  The development of these agreements shall be the mutual
responsibility of all three segments, and no one segment should bear
the organizational or financial responsibility for accomplishing
these goals.
   The Chancellor of the California Community Colleges and the
President of the University of California shall begin the process of
setting priorities to determine which community colleges will receive
first attention for the development of agreements.  Criteria for
priority determination shall include, but not be limited to, the
percentage and number of students from economically disadvantaged
families and underrepresented racial and ethnic minorities, and
community colleges which traditionally have not transferred many
students to the University of California.  The priority list shall be
completed by March 1, 1992.  These considerations shall not be used
in any way to displace current agreements between any community
college and the University of California or the California State
University.
   The Chancellor of the California Community Colleges and the
Chancellor of the California State University system shall begin the
process of setting priorities to determine which community colleges
will receive first attention for the development of agreements.
Criteria for priority determination shall include, but not be limited
to, the percentage and number of students from economically
disadvantaged families and underrepresented racial and ethnic
minorities, and community colleges which traditionally have not
transferred many students to California State Universities.  The
priority list shall be completed by March 1, 1992.  These
considerations shall not be used in any way to displace current
agreements between any community college and the University of
California or the California State University.
66741.  As a result of systemwide and interinstitutional agreements,
each community college student shall be assured of the opportunity
to enter into a transfer agreement program enabling a student to
receive high priority consideration, attain equivalent special
treatment, or enter into a contract when applying for university
admission at the advanced standing level.  It is recognized that
eligibility for transfer agreement programs will require completion
of certain requirements as defined in interinstitutional agreements.
It is also recognized that access to majors of choice will, in most
cases, require completion of additional requirements, such as
specialized coursework and attainment of a specialized grade point
average.
   Transfer agreement programs also shall carry high priority access
to majors of choice.  The University of California and the California
State University shall require that continuing undergraduate
students and community college transfer students are assessed against
a common set of criteria for upper division standing to a specific
major.  However, generally speaking, access to these programs shall
require completion of specialized coursework and attainment of a
grade point average above the minimums defined in general admission
requirements, such as those used in supplementary admission criteria
for impacted or over-subscribed programs.
   Alternatively, students may also, by meeting the University of
California or California State University requirements for admission
at the advanced standing level, simply wish to apply as required.
All students meeting these admission requirements shall be guaranteed
a place somewhere in the University of California or California
State University system, as appropriate.
66742.  The governing boards of the three public segments of higher
education shall present annual statistical reports on transfer
patterns via the California Postsecondary Education Commission to the
Governor and Legislature. The reports shall include recent
statistics on student enrollments by campus, segment, gender,
ethnicity, and the ratio of upper division to lower division,
including information on both freshman and transfer student access to
the system.  These reports should include, to the extent that data
are available or become available, data on application, admission and
enrollment information for all students by sex, ethnicity, and
campus.  For transfer students, this data shall indicate the segment
of origin for all students.  In addition, data shall be separately
identified for transfer students from California Community Colleges,
and shall identify the subset of applications which are completed
together with admission, enrollment, and declared major information
for that group.  The reports shall describe the number of transfer
agreements, if any, whose terms and conditions were not satisfied by
either the California State University or the University of
California, the number of California Community College transfer
students denied either admission to the student's first choice of a
particular campus of the California State University or the
University of California or the student's first choice of a major
field of study, and, among those students, the number of students
who, upon denial of either of the student's first choices,
immediately enrolled at another campus of the California State
University or the University of California.  The reports shall also
include information by sex and ethnicity on retention and degree
completion for transfer students as well as for native students, and
the number and percentage of baccalaureate degree recipients who
transferred from a community college.
66743.  The California Postsecondary Education Commission is
requested to convene an intersegmental advisory committee on transfer
access and performance for the purposes of presenting biennial
reports to the Governor and the Legislature on the status of transfer
policies and programs, the diligence of each segment's board, and
the effectiveness of these programs in meeting the state's goals for
transfer.  The report shall include information about all of the
following:
   (a) The effectiveness of transfer agreement programs and
activities in enhancing the transfer function overall as well as the
extent to which transfer program activities have been directed at
students who have been historically underrepresented in the
University of California and the California State University.
   (b) The status of the implementation of the transfer core
curriculum as described in Section 66720 for each community college,
including information about the extent to which sophomore level
courses needed for transfer are available on all community college
campuses.
   (c) Progress that has been made in achieving articulation
agreements in those specific majors that have lower division
prerequisites, and the dissemination of this information.  The
committee shall also explore methods to systematically measure the
extent to which the state's goals of freshmen and transfer student
access are being met, including analyses of the number of fully
eligible freshmen or transfer students who are denied access to the
system, and the reasons for that denial.  The committee shall also
address ways in which sharing of information about transfer students
among the segments can be improved, including early identification of
potential transfer students for intensive recruitment purposes.
   The Governor and the Legislature shall monitor the success of the
University of California and the California State University in
achieving their targeted enrollment levels and in implementing these
reforms.  A substantial failure to implement reform, to achieve the
60/40 ratio by the designated dates, or to improve the transfer rate
of historically underrepresented groups significantly, shall
precipitate legislative hearings to determine the reasons why any one
or all of these goals have not been met.