Leadership in a Regulated World

1. Leadership in a Regulated World • Randy Lawson 411 • Dona Boatright • October 2017

2. Overview • History • Key Regulations • Managing at the College • Key Issues • Resources and Tips

3. Some History • 1907 First Junior College (Fresno) but as a segment of K-12 • 1921 First independent CC District (Modesto) • 1960 California Educational Master Plan • 1978 Proposition 13 • 1988 AB 1725 and Proposition 98

4. Key Legislation • The Master Plan for Higher Education • The Rodda Act • AB 1725 • The “50% Law” • SB 1440 • The Student Success Act

5. The Rodda Act • SB160 (1975) gave colleges mandated collective bargaining with binding agreements • Collective bargaining includes: “All matters related to wages, hours of employment, terms and conditions of employment”. (Government Code 3543.2) • Created PERB • Created a great deal of power for unions

6. Tension and Strife State Wide Academic Senate and local unions Strengthen Proposition 13 passes

7. AB 1725 • Reform Legislation in 1988 At State level created current structure of Board of Governors and Chancellor’s Office At colleges • Evaluation-meant to be a solid 4 yr. process • Removed automatic tenure for administrators • Governance reform • Institutionalized faculty participation in many arenas

8. Additional Changes Made by AB 1725 • went from ADA (average daily attendance) to FTES and some program based funding • Credentials were eliminated • Replaced by “Minimum Quals” • Staff development was introduced and funded • Goals were suggested for full/time part time ratios

9. AB 1725 • Diversity goals were established • Administrator’s ability to retreat to the faculty was altered • Changed the role of faculty in participating in the governance of the college • AB 1725 gave the right of academic senates to assume primary responsibility for making recommendations in the areas of academic and professional matters (10 +1)

10. BOG & Chancellor’s Office • Mission is to “Empower” the colleges through leadership, advocacy and support • Oversight of College Districts • Develop and manage passage of new regulations through consultation with interest groups within and without of the system • Assist colleges in meeting regulations through grants • Liaison with Legislature • Manage and Distribute funding to the colleges

11. Leadership… …in a bureaucratic environment We are a State Entity • Know the rules, but don’t let them rule you

12. The hierarchy of rules Statute Title 5 regulations Local board policy • Statute: state law—the Education Code • Regulation: Title 5 (of the California Code of Regulations) adopted by the Board of Governors • Local board policy: local implementation of regulations

13. Statute: Education Code • Section 70901: • (a)The Board of Governors of the California Community Colleges shall provide leadership and directionin the continuing development of the California Community Colleges as an integral and effective element in the structure of public higher education in the state.The work of the board of governors shall at all times be directed to maintaining and continuing, to the maximum degree permissible, local authority and control in the administration of the California Community Colleges. • 70901(b)(6):Establish minimum conditions entitling districts to receive state aid for support of community colleges.

14. Ed Code, cont’d • 70902. (a) Every community college district shall be under the control of a board of trustees, which is referred to herein as the "governing board." …The governing board of each community college district shall establish rules and regulationsnot inconsistent with the regulations of the board of governors and the laws of this state for the government and operation of one or more community colleges in the district.

15. Local Board Policy • Policies implementing Title 5 regulations • Per Ed Code 70902 above • Be aware of your own district’s policies

16. Ed Code Sections of Note • 87482.5 – “67% Law” • 84362 – “50% Law” • 87350-87360 Minimum Qualifications • 87482.6 – Full-Time Obligation (FTO) or Full-time Obligation Number (FON) • 87608, 87608.5, 87609 – Faculty Tenure • 70902b4 – Right of Assignment

17. The 50% Law

18. The 50% Law was enacted in 1961 as Education Code 17503 to promote smaller class sizes in k-12 and junior colleges. The law does not include anything not related to the actual teaching in the classroom--no counselors, no librarians, no technology (even if used for teaching), and no reassigned time. • Since that time, various laws—including AB 1725—moved many faculty away from the classroom.

19. Major Impact of 1725: • Expanded the role of community college faculty in terms of participatory governance—a role that has taken many faculty out of the classroom. Has has created a difference between k-12 faculty and community college faculty. This change is not recognized in the 50% rule.

20. History can Haunt Us • Most colleges are so close to the 50% line • that often is what drives certain hiring and purchasing decisions. • We need more counselors and librarians, but often can’t hire • We need more computers, smart technology, and equipment, but can’t buy • We often need more classified staff or administrators, but can’t count them toward the 50% law.

21. 50% LAW REFERENCE GUIDE IN THE SIMPLEST TERMS, THE 50% LAW IS CALCULATED BY DIVIDING INSTRUCTIONAL SALARIES AND BENEFITS BY TOTAL EXPENSES. What Counts Toward 50% Goal Salary and Benefit Costs of: Classroom Faculty, Instructional Aides And Instructional Service Agreements Prepared by SDCCD as a 50% Law reference guide

22. NOT COUNTED Salary and Benefit Costs of: Counselors Librarians Faculty Directors (such as EOPS) Release time for Department Chairs ESU's for Department Chairs Non-classroom faculty assignments Nurses, Deans and other Administrators Board of Trustees Admissions and Records staff, Business & Technology Services staff Human Resources staff, College Police staff

23. Operating Expenses are not included: Utilities Insurance Travel and Conference Expenses Replacement Equipment

24. Outside the 50% Calculation • Costs funded by Categorical Programs • Building and equipment leases • New equipment • Community Services & Economic Dev. • Child Development Centers Costs funded by Lottery funds • Student Transportation • Cafeteria & Bookstore operations (ABSO) • Retiree related expenses (e.g. health benefits)

25. Minimum Qualifications • Disciplines List • Developed through an Academic Senate process • Reviewed every 2 years • Adopted by the BOG • Equivalency Process • Developed locally at college with Academic Senate • Approved by local Board of Trustees • Creates a review process of candidate’s background • Approval dependent on skills/experience “equal” to that of degree holder • e.g. 2 yrs. experience with BA

26. Regulatory Oversight • Department of Finance • Legislative Analyst Office If DOF believes there is an unfunded mandate embedded in a new regulation, they can quash it. If LAO feels regulation oversteps intent they will have major influence upon the BOG decision.

27. Minimum Conditions of Note to CIOs • Title 5 Regulations • Standards of scholarship (§51002) • Remedial coursework limit (§55765.5) • Grade changes (§55760) • Award of degrees and certificates (§51004) • Minimum requirements for the Associate Degree (§55806) • Open courses (§51006) • Equal employment opportunity (§51010) • Student fees (§51012) • Curriculum (§51021)

28. Minimum Conditions Compliance • Be aware of all the elements • Know which ones are your responsibility • Pay attention to deadlines on reporting

29. Minimum Conditions Compliance Advice • Some topics “involve greater likelihood of violations and will be monitored more closely” • “Self-compliance and other mechanisms” will now be used for some issues which are tracked elsewhere: Comprehensive Plans Approval of new colleges and educational centers Accreditation Counseling programs Institutional Objectives Faculty, staff and student participation in governance • or through the complaint process

30. Regulations—who cares?You Should!!! • Ethical commitments made by those who sign off on compliance • Economic implications for failure to adhere to regulations that have apportionment sanctions attached • Political implications of flouting of regulations

32. Oversight Challenges“System” (“sorta”) is a State Entity • Chancellor’s Office staffing changes • Chancellor’s Office leadership changes • Eloy Ortiz Oakley • Legislative interest changes workload • State economy tanks or booms • Scandal occurs • One college’s bad behavior infects the system

33. Leadership is Key • Stretch people to potentially achieve goals they didn’t think were possible. • Be direct. Don’t tiptoe around hard issues. • Be an“information socialist”. Don’t hoard information.

34. REMEMBER • You cannot know all the information all the time. • Trick is to be aware of: • Your areas of responsibility • Where to find information when you need it • Who you can call when you can’t find it

35. Leading at the College • Hiring • Evaluation • Scheduling • Assignment/Load • Contract Negotiations and Management • Short and Long Term Planning • Conflict Resolution

36. F/T Faculty Hiring/Evaluation • Use CIO network for “real” reference checks • Keep department culture in mind (good fit or change agent?) • Be advocate for students • Be vigilant during first year • Be bold

37. P/T Faculty Hiring/Evaluation • Avoid Crisis or Convenience Hiring • Create Part-Time Faculty Pools • Pay attention to Evaluation process • Monitor Re-hire process • Student evals & complaints • Grading practices • Student retention • Avoid “owning” mediocre PT faculty • Be Advocate for Student Needs

38. Collective Bargaining • Be involved whether at the table or not • Pay attention in your practices • Don’t be petty • Avoid setting unwanted precedents • Train your Deans and Chairs

39. Faculty Assignment and Load/Contract Enforcement • Quest for Perfect Schedule for STUDENT needs as opposed to faculty • Be strict, consistent but not inflexible • Create an ethos of fair process so you do not have to overrule your dept. chairs • KNOW the contract

40. Planning • EDUCATIONAL MASTER PLAN • BUDGET Planning • Strategic Planning • Integrated Planning

41. Conflict Management • Maintain communication with deans/chairs • Follow college processes • Document conversations • Be creative • Use resources: HR, Medical, Legal

42. . REMEMBER: It’s not about you. You don’t lead by your position. You lead by how you influence other people’s thinking.

43. Awareness of Statewide Issues • Know the System Office Structure & Staff • Use the tools: • websites • Read the memos • Meet the deadlines • Ask questions • Engage with the Consultation Process

44. Institutional Effectivenessand Student Success Major State Issues of the Moment Transfer Degrees Baccalaureate Degrees Guided Pathways Cost of College Free First Year Student Completion Meaningful Programs/Jobs Compliance and Accreditation DACA

45. Vision of SuccessChancellor Oakley’s 5 Yr. Goals • Increase earned Degrees, Credentials, Certificates by 20% • Increase Transfer rate by 35% • Increase to 69%, # of exiting CTE students reporting employment • Decrease average number of units accumulated by degree students from 87 to 79 • Reduce Equity Gaps to 40%; completely in 10 yrs. • Reduce regional achievement gaps across all measures in areas with lowest educational attainment of students and close gap in 10 yrs.

46. Leadership Qualities* • Self-awareness • Realistic self-confidence & emotional insight • Self-management • Resilience, self-motivation & emotional balance • Empathy • Cognitive and emotional empathy & ability to listen • Relationship Skills • Compelling communication skills & team playing *NYTimes, Education Life, Leadership Checklist, 4/12/15

47. DARE • DETERMINE all known facts • ANALYZE all surrounding circumstances • RISK evaluate all possible risks • EXERCISE good judgment in view of above • Carmine Policy

48. Usually leaders run aground when they start to think that leadership is an individual sport. If that happens, you are no longer a leader.

49. Remember – We’re all in this together…

50. Resources and Tips • Program and Course Approval Handbook • Tutoring and Learning Assistance Guidelines • Minimum Qualifications for Faculty & Administrators in the Ca. Comm. Colleges • Legal Affairs site at www.cccco.edu • The roles of the “O’s”: CIOs, CSSOs, CHROs, CBOs, and others • CIO Manual