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Senate Bill 121 (Chapter 1188, Statutes of 1991)

1991 Amendment to the California State Education Code: Chapter 1188
   Chapter 1188
   An act to amend Section 66202 of, to add Section 66202.5 to, to add an article heading to Chapter 9.2 (commencing with Section 66720) of, and to add Article 2 (commencing with Section 66730) to Chapter 9.2 of Part 40 of, the Education Code, relating to education.

   [Approved by Governor October 14, 1991. Filed with Secretary of State October 14, 1991.]

   The people of the State of California do enact as follows:

   Section 1
   The Legislature hereby finds and declares all of the following:

   (a) A viable and effective student transfer system is one of the fundamental underpinnings of public postsecondary education in California. It is a community college's primary role to prepare students for upper division access to the University of California and the California State University.
   (b) The transfer system must be implemented in such a way as to ensure the successful transfer of individual students to the University of California or the California State University, including the campus and major of their choice, if academic performance is satisfactory.
   (c) The transfer function plays a key role in meeting educational equity since the pool of most recent high school graduates who attend the University of California and the California State University as freshmen admittants is not reflective of the racial and ethnic diversity of the state's population. An effective transfer agreement program will assist progress toward diversifying the race and ethnicity of baccalaureate degree holders.
   (d) Community college students must have access to a viable and efficient transfer agreement program to the California State University and the University of California for upper division work toward a baccalaureate degree. A viable transfer agreement program for community college students gives otherwise excluded students a way into the university system.
   (e) A transfer agreement program must be afforded to community college students who were eligible to attend the university upon graduation from high school and to those who had no initial eligibility but demonstrate successful completion of coursework and the will to succeed.
   (f) A transfer agreement program for community college students has the greatest chance for success if the public universities attain and maintain a 60/40 ratio of upper division to lower division undergraduate students.
   (g) All students who meet either the University of California or California State University eligibility requirements at both the freshman and the upper division level, and who apply as required, should be offered the opportunity to attend a University of California or California State University campus within the system to which the student applied. The current practice of finding a place for every eligible student who applies is accepted as appropriate state policy. Students should be offered alternatives for upper division admission to the University of California and the California State University, depending upon which segment received the student's application, as follows:
   (1) Students eligible for admission to the University of California or California State University upon high school graduation may apply to a campus of their choice. If the campus has more eligible applicants than available spaces at the freshman level, the campus should offer the applicant the option of pursuing lower division education at one or more specified community colleges. Individuals accepting this offer shall receive, upon completion of specified academic work, high priority for admission at the upper division level at the campus that made the offer.
   (2) Regardless of eligibility for admission to the University of California or California State University upon high school graduation, students should be provided the opportunity to attend a community college that offers a transfer agreement program in cooperation with a University of California or California State University campus. This option shall enable students to receive high priority consideration, enter into a contract, or attain equivalent special treatment when applying for university admission at the upper division level. Transfer agreement programs shall also provide high priority access to majors of choice. It is recognized that access to majors of choice will, in most cases, require completion of specialized coursework and attainment of a specified grade point average.
   (h) Each community college district should ensure that its colleges have full development of a viable and efficient transfer system which includes transfer agreement programs, centers, and internal coordination of all counseling and student service efforts aimed at ensuring adequate student information, student assistance, and monitoring of progress toward each student's goal.
   (i) No provision of the act which enacted this section during the 1991-92 Regular Session of the Legislature shall apply to the University of California except to the extent that the Regents of the University of California, by resolution, make that provision applicable.

   Section 2
   Section 66202 of the Education Code is amended to read:

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.

   Section 3
   Section 66202.5 is added to the Education Code, to read:

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.

   This part shall supersede any other law which conflicts with this part.

   Section 4
   An article heading is added to Chapter 9.2 (commencing with Section 66720) of Part 40 of the Education Code, to read:

   Article 1. Transfer System

   Section 5
   Article 2 (commencing with Section 66730) is added to Chapter 9.2 of Part 40 of the Education Code, to read:

   Article 2. Transfer Functions

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, 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.

   No later than April 1994, the California Postsecondary Education Commission shall report to the Governor and the Legislature on the overall success of this chapter in expediting the goals of transfer, including recommendations about a common definition of transfer rates, including the identification of campuses and positions of employment that prevent progress toward a more effective transfer program, with specific recommendations about resource, program, or other incentives to encourage an effective intersegmental transfer program. 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 significantly improve the transfer rate of historically underrepresented groups, shall precipitate legislative hearings to determine the reasons why any one or all of these goals have not been met.

66744
   No provision of this article shall apply to the University of California except to the extent that the Regents of the University of California, by resolution, make that provision applicable.

   Section 6
   The Board of Regents of the University of California, the Board of Trustees of the California State University, and the Board of Governors of the California Community Colleges, are requested to each prepare a plan for the implementation of Article 2 (commencing with Section 66730) of Chapter 9.2 of Part 40 of the Education Code. These plans shall be submitted to the policy and fiscal committees of the Legislature by January 15, 1992.

   It is the intent of the Legislature that each plan shall include a timetable for implementation of this act, including identification of additional resources that may be required. The Legislature acknowledges that some sections of Article 2 (commencing with Section 66730) of Chapter 9.2 of Part 40 of the Education Code, such as Section 66740, will require a phase in process and the full implementation of those sections will depend on the availability of resources.

   The institutions are requested further to identify those additional resources required for faculty time associated with course articulation, and those that are associated with counseling, student advising and outreach to community college students. Any request for augmentation of a four-year segment's resources should further include an estimate of the resources currently being used for community college purposes as well as for analogous activities with high schools and high school students.

   Section 7
   Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.