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Volume 2 Issue 7July/August 1998

Title 5 Revisions Update

Cristina Mora-Lopez
Distance Education Coordinator, CCCCO

The Department of Finance has reviewed the proposed changes to Title 5 and disapproved the language. Their denial of the proposed language in Section 55378 (Separate Course Approval) was based on the determination that the language as written would create an unfunded mandate.

The Distance Education Technical Advisory Committee recommended the proposed initial regulatory changes for three sections. The committee’s recommendations did not include changes to Section 55378. The proposed change was recommended by the Statewide Academic Senate through the California Community College System’s Consultation process.

The inclusion of the sentence in Section 55378 was intended to reinforce regulation section 55376 (Instructor Contact) and place an emphasis on the continuing responsibility of local curriculum committees. This language would require curriculum committees to review courses with a focus on “regular effective contact.” Therefore, the new sentence, did not contribute to the primary intent of the regulations. The removal of the sentence from Section 55378 will not alter the original intent of the proposed regulatory change.

Because of the fiscal impact review and interpretation by the Department of Finance, the elimination of Section 55378 requires approval of the language by the Board of Governors and will require a new public comment period. The expiration of this new public comment period is August 28, 1998. The Board is being asked initially to approve the regulations and delegate authority to the Chancellor to adopt the regulations. The proposed language is as follows:

Proposed Revisions to Regulations on Distance Education

1. Section 55316.5 of Article 1 of Subchapter 4 of Chapter 6 of Title 5 of the California Code of Regulations is amended to read:

55316.5 Additional Courses.

Notwithstanding any other provision of law, after June 1, 1994, the following additional types of courses may be offered pursuant to this Chapter, consistent with guidelines developed by the Chancellor:

(a) Nontransferable courses designed to meet the requirements of Sections 55805.5, 55806, and 55002(a) or (b);

(b) Noncredit courses conducted as distance education independent study.

This Section shall become inoperative on July 1, 2000, January 1, 2002 unless a later adopted regulation deletes or extends this date.

Note: Authority cited: Sections 66700 and 70901, Education Code.

Reference: Sections 70901, 70902 and 78310, Education Code.

2. Section 55317 of Article 1 of Subchapter 4 of Chapter 6 of Title 5 of the California Code of Regulations is amended to read:

55317. Ongoing Responsibilities of Districts.

Any district conducting courses under Section 55316 or 55316.5 shall:

(a) Maintain records and report data through the Chancellor’s Office Management Information System on the number of students and faculty participating in new courses or sections of established courses;

(b) Provide to the local governing board no later than July 1, 1995, August 31, 1998, and annually thereafter, a report on all distance education activity;

(c) Provide other information consistent with reporting guidelines which shall be developed by the Chancellor pursuant to Section 409 of the Procedures and Standing Orders of the Board of Governors.

This section shall become inoperative on July 1, 2000, January 1, 2002, unless a later adopted regulation deletes or extends this date.

Note: Authority cited: Sections 66700 and 70901, Education Code.

Reference: Sections 70901, 70902 and 78310, Education Code.

3. Section 55376 of Article 2 of Subchapter 4 of Chapter 6 of Title 5 of the California Code of Regulations is amended to read:

55376. Instructor Contact.

In addition to the requirements of Section 55002 and any locally-established requirements applicable to all courses, district governing boards shall ensure that:

(a) Each section of a credit transferable course which is delivered as All approved courses offered as distance education shall include regular personal effective contact between instructor and students, through group or individual meetings, orientation and review sessions, supplemental seminar or study sessions, field trips, library workshops, or other in person activities. Personal contact may be supplemented by telephone contact, and correspondence., voice mail, e-mail, or other activities.

(b) All other approved courses offered by distance education courses shall be delivered include regular contact between instructors and students consistent with guidelines issued by the Chancellor pursuant to Section 409 of the Procedures and Standing Orders of the Board of Governors.

Note: Authority cited: Section 70901, Education Code.

Reference: Sections 70901-70902, Education Code.

4. Section 55378 of Article 2 of Subchapter 4 of Chapter 6 of Title 5 of the California Code of Regulations is amended to read:

55378. Separate Course Approval.

Each proposed or existing course, if delivered by distance education, shall be separately reviewed and approved, according to the district’s certified course approval procedures. Districts are to review courses with a specific emphasis on regular effective contact between instructor and student pursuant to Section 55376.

Note: Authority cited: Section 70901, Education Code.

Reference: Sections 70901-70902, Education Code.