Article 2 - Powers of the Trustees

California Education Code — §§ 89030-89049.1

Sections (24)

Amended by Stats. 1996, Ch. 938, Sec. 3. Effective January 1, 1997.

(a)The trustees shall adopt rules and regulations not inconsistent with the laws of this state for the government of all of the following:

(1)The trustees.

(2)The appointees and employees of the trustees.

(3)The California State University.

(b)The adoption of these rules and regulations shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

(c)The rules and regulations shall be published for distribution as soon as practicable after adoption.

(d)This section shall be liberally construed in order that the purposes of the Donahoe Higher Education Act pursuant to Part 40 (commencing with Section 66010) of Division 5 may be effectuated.

§ 89030.1

Amended by Stats. 2017, Ch. 712, Sec. 1. (AB 819) Effective January 1, 2018.

(a)(1) The trustees shall adopt, amend, or repeal regulations pursuant to this section instead of pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. As used in this section, “regulation” means every rule, regulation, order, or standard of general application or the amendment, supplement, or revision of any rule, regulation, order, or standard adopted by the university to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure, except one that relates only to the internal management of the university. “Regulation” does not mean or include any form prescribed by the university or any instructions relating to the use

of the form, nor does it mean or include a building standard as defined in Section 18909 of the Health and Safety Code.

(2)The trustees’ office of general counsel shall review the proposed regulations for matters such as necessity, authority, clarity, consistency, reference, and nonduplication, and recommend any proposed action to the trustees. For purposes of this section, “necessity,” “authority,” “clarity,” “consistency,” “reference,” and “nonduplication” shall have the same meaning as defined by Section 11349 of the Government Code.

(b)At least 45 days before the public hearing, and before adoption of a proposed regulation, written notice of the proposed regulation shall be made available on the Internet Web site of the trustees. Written notice shall also be sent to those persons who have requested notices of the meetings of the trustees. The notice shall include the right of the public to comment orally or in writing on the proposed action either before or during the public hearing.

(c)At the hearing, the public shall be provided the opportunity to comment on the proposed action.

(d)The trustees shall maintain a rulemaking file containing the public notice, public comments, and minutes of the public hearing, including the action taken by the trustees.

(1)The rulemaking file shall contain a summary of each objection or recommendation made, with an explanation of how the proposed action was changed to accommodate each objection or recommendation, or the reason or reasons for making no change.

(2)The proposed regulations shall be accompanied by an estimate, prepared in accordance with instructions adopted by the Department of Finance, of the effect of the proposed regulations with

regard to the costs or savings to any state agency, the cost of any state-mandated local program as governed by Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code, any other costs or savings of local agencies, and the costs or savings in federal funding provided to state

agencies.

(e)The trustees shall transmit the regulations as finally adopted to the Secretary of State for filing. Each regulation shall be effective upon filing with the Secretary of State, and shall be published in the California Code of Regulations.

(f)On or before January 15 of each year, the trustees shall report to the Governor, the Senate Education Committee, and the Assembly Higher Education Committee as to all regulatory actions taken by the trustees during the previous calendar year. The report shall include the statement of reasons for each regulatory action taken, indicate whether any concerns were raised regarding the proposed action, and the steps taken by the trustees to alleviate those concerns.

§ 89030.5

Amended by Stats. 2022, Ch. 465, Sec. 13. (AB 2973) Effective January 1, 2023.

(a)In order to provide notice to the public and ensure the transparency of decisions affecting admissions criteria for all of the campuses of the California State University, the trustees shall ensure that a change in the criteria for admission to a campus of the university complies with all of the following requirements:

(1)Before adopting a change in the criteria for admission that affects applicants residing within the local service area of a campus of the university, the campus affected by the proposed change shall do all of the following:

(A)Consult with stakeholders, including the governing boards of school districts, governing boards of community college districts, and community

organizations, that are located within the local service area of the affected campus. These consultations shall occur in a public meeting.

(B)Hold three public hearings in the local service area of the affected campus. The hearings shall solicit public comments relative to the proposed change in admissions criteria.

(C)Provide public notice of the proposed change in admissions criteria. The notice shall be published on the internet website for the affected campus and in three newspapers of general circulation in the local service area of the affected campus. The notice shall include a description of the proposed change, the right of the public to comment orally or in writing on the proposed change, and the dates, times, and locations of the public meetings pursuant to subparagraph (A) and the public hearings pursuant to subparagraph (B). The notice shall be published at least 10

days before the first public meeting or public hearing.

(D)Publish on the internet website of the affected campus, all public comments received pursuant to this paragraph and all responses by the university to those public comments.

(E)Publish on the internet website of the affected campus, and distribute to community officials and local high schools, the university’s final decision on the proposed change.

(2)After meeting all of the requirements specified in paragraph (1), the president of the affected campus shall submit the proposed change to the Chancellor of the California State University for approval, in accordance with the policies of the trustees. The chancellor shall report the decision regarding approval, and the reasoning behind the decision, to the trustees in writing at the next regularly scheduled

meeting of the trustees.

(3)Except as provided in paragraph (4), a change in the criteria for admission to a campus that affects applicants within the local service area of the affected campus shall become effective only after a period of at least one year has elapsed after that change is approved by the chancellor.

(4)A change in the criteria for admission to a campus based on resources that affects applicants within the local service area of the affected campus shall become effective only after a period of at least six months has elapsed after that change is approved by the chancellor.

(b)The requirements set forth in subdivision (a) shall apply to all changes in the criteria for admission to a campus that affect the eligibility of applicants residing within the local service area of a campus to enroll at that

campus, including changes to transfer requirements and determinations regarding establishing or modifying admission criteria for impacted majors.

(c)As used in this section, “local service area” means the California State University service area for the campus as set forth in the California State University Coded Memorandum AA-2005-05, dated February 23, 2005, or as subsequently amended.

(d)Notwithstanding the requirements of subdivision (a), a decision to discontinue additional admission criteria for an impacted program or campus may be implemented, provided that the decision is published on the campus internet website, distributed to community officials and local high schools, and submitted to the Chancellor of the California State University for approval.

§ 89030.7

Added by Stats. 2011, Ch. 163, Sec. 1. (AB 670) Effective January 1, 2012.

With respect to denial of admission for an applicant, the Trustees of the California State University shall ensure for each campus of the California State University all of the following:

(a)Appeal procedures that clearly set forth the following:

(1)The basis for appeal.

(2)A timeframe of 15 business days from the date of denial of admissions notification in which to appeal.

(3)A limit of one appeal per academic term.

(4)The contact information for the campus

office to which an appeal is submitted.

(5)A time estimate for when the campus expects to issue a response to an appeal request.

(b)The campus includes the appeal procedures described in subdivision (a) in a denial of admission notification to a student.

(c)The campus posts information on the campus Internet Web site that details the appeal procedures described in subdivision (a).

§ 89031

Amended by Stats. 1983, Ch. 143, Sec. 93.

The trustees may establish rules and regulations for the government and maintenance of the buildings and grounds of the California State University. Every person who violates or attempts to violate the rules and regulations is guilty of a misdemeanor.

§ 89031.5

Amended by Stats. 1986, Ch. 843, Sec. 1.

The trustees shall perform inspections of all motor vehicles owned by the California State University or under their jurisdiction. These inspections shall be provided for in the appropriate administrative manual of the California State University.

§ 89032

Added by Stats. 2020, Ch. 32, Sec. 2. (AB 1460) Effective January 1, 2021.

(a)It is the intent of the Legislature that students of the California State University acquire the knowledge and skills that will help them comprehend the diversity and social justice history of the United States and of the society in which they live to enable them to contribute to that society as responsible and constructive citizens.

(b)Commencing with the 2021–22 academic year, the California State University shall provide for courses in ethnic studies at each of its campuses.

(c)The California State University shall collaborate with the California State University Council on Ethnic Studies and the Academic Senate of the California State University to develop core competencies to be achieved by students who complete an ethnic studies course pursuant to implementation of this section. The council and the academic senate shall approve the core competencies before commencement of the 2021–22 academic year.

(d)Commencing with

students graduating in the 2024–25

academic year, the California State University shall require, as an undergraduate graduation requirement, the completion of, at minimum, one three-unit course in ethnic studies. The university shall not increase the number of units required to graduate from the university with a baccalaureate degree by the enforcement of this requirement. This graduation requirement shall not apply to a postbaccalaureate student who is enrolled in a baccalaureate degree program at the university if the student has satisfied either of the following:

(1)The student has earned a baccalaureate degree from an institution accredited by a regional accrediting agency.

(2)The student has completed an ethnic studies course at a postsecondary educational institution accredited by a regional accrediting

agency.

§ 89033

Added by Stats. 2022, Ch. 556, Sec. 2. (AB 1467) Effective January 1, 2023.

(a)The chancellor, when reviewing and updating any executive orders relating to discrimination, harassment, and retaliation for the purpose of enforcing or implementing the requirements of Section 67385, may do so in collaboration, as the chancellor deems appropriate, with any of the following:

(1)The Systemwide Title IX Office.

(2)The Executive Vice Chancellor of Academic and Student Affairs, the Associate Vice Chancellor for Student Affairs and Enrollment Management, the vice presidents for student affairs, and other executive vice chancellors and vice chancellors.

(3)The Office of General Counsel.

(4)The Vice Chancellor of Human Resources and other human resources and academic personnel officers.

(5)Campus Title IX coordinators.

(6)Presidents and provosts of the various campuses of the university.

(7)Sexual assault counselors, confidential sexual assault victims advocates, and domestic violence counselors.

(8)Representatives of the student bodies at each campus of the university.

(9)The Vice Chancellor of Administration and Finance.

(b)The chancellor shall submit the text of all executive orders to which this section applies in an annual report to the respective chairs of the Assembly Committee on Higher Education and the Senate Committee on Education.

§ 89034

Amended by Stats. 1993, Ch. 8, Sec. 41. Effective April 15, 1993.

The authority to select and change the name of any institution of higher education in the California State University shall be vested in the trustees.

§ 89035

Enacted by Stats. 1976, Ch. 1010.

Wherever in this code a power is vested in the trustees, the trustees by majority vote may adopt a rule delegating such power to any officer, employee, or committee as the trustees may designate. The rule shall prescribe the limits of such delegation.

§ 89036

Amended by Stats. 2001, Ch. 219, Sec. 2. Effective January 1, 2002.

(a)(1) The trustees may enter into agreements with any public or private agency, officer, person, or institution, corporation, association, or foundation for the performance of acts or for the furnishing of services, facilities, materials, goods, supplies, or equipment by or for the trustees or for the joint performance of an act or function or the joint furnishing of services and facilities by the trustees and the other party to the agreement.

(2)Notwithstanding any other provision of law, the trustees shall prescribe policies and procedures for the acquisition of services, facilities, materials, goods, supplies, or equipment. The policies and procedures of the trustees for the acquisition of materials, goods, supplies, or equipment shall include competitive means for obtaining best value while complying with legislative intent regarding competitive bids or proposals as it is expressed in Article 3 (commencing with Section 10300) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, and may include the use of financing arrangements.

(3)The trustees may enter into agreements with the federal government or any agency thereof in accordance with the procedures prescribed by the federal government or agency in order to receive the benefits of any federal statute extending benefits to the California State University or to California State University students, including, but not necessarily limited to, both of the following:

(A)Agreements with any agency of the federal government for the education of persons in the service of the federal government.

(B)Agreements with any agency of the federal government for the education of veterans. These agreements shall provide for payment of the maximum amount permitted under the act, or acts, of Congress under which the agreement is entered into.

(4)Notwithstanding any other provision of law, the trustees have all power necessary to perform any acts, and comply with conditions, required or imposed by the federal government in order to receive the benefits. The trustees are vested with all necessary power and authority to cooperate with any agency of the federal government in the administration of any applicable act of Congress and rules and regulations adopted thereunder.

(b)Notwithstanding any other provision of law, the trustees have all power necessary to award contracts to one or more contractors, at any one or more campuses, for the collection of delinquent education loans required to be repaid under federal law.

§ 89037

Amended by Stats. 1983, Ch. 143, Sec. 98.

The trustees may establish facilities for training deaf persons at the campus of the California State University which the trustees shall designate for such purpose. The trustees shall do all of the following:

(a)Request the Department of Rehabilitation to refer deaf students to the designated state university.

(b)Recognize the designated campus of the California State University as a professional center for training deaf persons and take all action necessary to facilitate the receipt by the campus of state and federal funds.

§ 89038

Amended by Stats. 1983, Ch. 143, Sec. 99.

The trustees may enter into agreements with any agency of the federal government for the construction of housing and other educational facilities for students and faculties of any campus of the California State University under the jurisdiction of the trustees if they determine that the income, rent, and charges for the use of the facilities will be sufficient in amount to repay the principal and interest on the amount secured from the federal government for the construction of the facilities.

The trustees may also enter into agreements with any agency of the federal government which result in grants, matching funds, or any other kind of financial aid for construction of housing and other educational facilities for students and staff of any campus of the California State University under the jurisdiction of the trustees.

Notwithstanding any other provision of law, whenever necessary to secure the full benefits of any federal statutes pertaining to loans, grants, matching funds, or any other kind of financial aid to educational institutions for housing and other educational facilities, the trustees may give such security as may be required and may comply with such conditions as may be imposed by the federal government.

§ 89039

Amended by Stats. 1979, Ch. 1072.

(a)Notwithstanding anything to the contrary in Article 2 (commencing with Section 1940) of Chapter 2 of Part 7 of Division 2 of the Labor Code, the trustees may enter into an agreement with any political entity mentioned in Section 87422 for the exchange and employment of persons serving as teachers in state college laboratory demonstration elementary schools and employees of public schools of the political entity. The exchange and employment shall be made under comparable circumstances, subject to comparable conditions, with comparable effect as to tenure and retirement rights, subject to comparable requirements as to payment of salary and deductions therefrom, and for the same period of time as set forth in Sections 87422, 87423, and 87424 with respect to the exchange of school district employees, except that the circumstances, conditions, rights, and requirements shall be those appropriate to the employment relationship between the teachers and the trustees.

(b)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 such 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.

§ 89041

Amended by Stats. 1983, Ch. 143, Sec. 101.

The trustees may give in the name of the State of California such bond as may be required by the federal government, or any officer or agency thereof, for the care, safekeeping, and return of property of the United States issued to the California State University for the Reserve Officer Training Corps unit maintained at the campus.

§ 89042

Enacted by Stats. 1976, Ch. 1010.

The trustees may issue subpoenas to compel the attendance of witnesses before the trustees, or any member thereof, in the same manner as any court in this state. Whenever the testimony of any witness upon any matter pending before them is material, the trustees shall cause the attendance of the witnesses before the trustees, or a member of the trustees, to testify concerning the matter, and the trustees may make a reasonable allowance for this purpose not exceeding the fees of witnesses in civil cases. The allowance shall be paid for out of the appropriation for the expenses of the trustees, but in no instance shall an allowance be made in favor of a witness who appears in behalf of a claimant. The provisions of this section shall not apply to proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

§ 89043

Enacted by Stats. 1976, Ch. 1010.

The trustees shall have the powers conferred upon heads of departments of the state by Article 2 (commencing with Section 11180), Chapter 2, Part 1, Division 3, Title 2 of the Government Code.

§ 89044

Amended by Stats. 1985, Ch. 398, Sec. 1.

The trustees may budget an amount to be expended for use in carrying out the community relation responsibilities of the president of each campus of the California State University and of the chancellor, as defined by the trustees.

§ 89045

Amended by Stats. 2001, Ch. 219, Sec. 3. Effective January 1, 2002.

(a)The trustees shall establish an internal audit staff, which shall include the staff positions authorized for internal auditing. The internal auditing staff shall report directly to the trustees, and shall be available for consultation with any audit committee of the trustees which may be established by the trustees.

(b)The duties of the internal audit staff shall include, but shall not necessarily be limited to, auditing, reviewing, cost and systems analysis, analyzing, and recommending operating procedures for the California State University.

(c)Management audits shall be made to determine the effectiveness and efficiency of the organization, operation, and procedures of each state university, each auxiliary organization, and the office of the chancellor. Officials and employees of each state university, each auxiliary organization, and the office of the chancellor shall furnish all books, papers, contracts, management charts, and related information necessary for management audits.

(d)In addition, the internal audit staff shall perform audits, at least once every five years, of the activities of the California State University pursuant to Sections 89031.5, 89036, 89046, and 89048 and Section 11007.7 of the Government Code.

§ 89046

Amended by Stats. 2022, Ch. 54, Sec. 40. (AB 183) Effective June 30, 2022.

(a)The trustees may lease any property of a state university for any purpose that they consider is not inconsistent with the functions of the California State University including, but not limited to:

(1)The lease of state university property to a nonprofit organization composed exclusively of students of the university or of members of the

faculty of the university, or both, for purposes related to the activities of the university or for the activities of student or faculty organizations.

(2)The lease of state university property to any nonprofit organization for the purpose of constructing and using thereon buildings as living quarters for students of the university and as

meeting places.

(3)The lease to any student or faculty organization of the university of property for the purpose of establishing and maintaining cooperative stores, and cafeterias in connection with those stores.

(b)Any rental income received by the trustees under this or other leasing sections shall be deposited

into the California State University Trust Fund established pursuant to Section 89722.

§ 89047

Amended by Stats. 1995, Ch. 758, Sec. 254. Effective January 1, 1996.

(a)The trustees and the governing board of any school district within which a campus of the California State University is located may enter into an agreement providing for the leasing by the state of a school building of the school district for use by the campus as a laboratory demonstration elementary school on terms and conditions that may be agreed upon by the trustees and the governing board of the school district except as otherwise provided in this section.

(b)The lease may be for a period not to exceed 20 years and, in addition to any other terms and conditions set forth therein, shall do all of the following:

(1)Require the school district to maintain the building at its own expense.

(2)Require the campus to maintain a school therein open to pupils of the school district residing in the attendance district for the school as established by the governing board of the district.

(3)Require the school district to pay annually to the state on or before the end of each fiscal year an amount determined by computing the current expenditures per pupil in the elementary schools of the district for the fiscal year and multiplying the amount so computed by the average daily attendance for the fiscal year in the school in excess of 400.

(c)Only the average daily attendance in the school in excess of 400 shall be credited to the school district.

(d)The average daily attendance of pupils in the school shall be computed separately in the same manner as the average daily attendance in other schools of the same grade maintained by the school district.

§ 89048

Amended by Stats. 2001, Ch. 219, Sec. 4. Effective January 1, 2002.

Notwithstanding Article 1 (commencing with Section 11000) of Chapter 1 of Part 1, Article 2 (commencing with Section 14660) of Chapter 2 of Part 5.5, and Part 11 (commencing with Section 15850), of Division 3 of Title 2 of the Government Code, or any other provision of law, the trustees may perform the following functions, without prior approval of any other state department or agency, when necessary to carry out the purposes of the California State University:

(a)Acquire easements or rights-of-way necessary for the proper utilization of real property of the California State University.

(b)Grant and convey in the name of the California State University easements and rights-of-way across property belonging to the California State University subject to the conditions, limitations, restrictions, and reservations the trustees determine are in the best interests of the California State University.

(c)Quitclaim the right, title, and interest of the California State University in and to easements and rights-of-way owned by the California State University which the trustees determine are no longer needed for California State University purposes.

(d)Sell, lease, or exchange any personal property belonging to the California State University, if the trustees determine that the sale, lease, or exchange is in the best interests of the California State University. Transactions under this subdivision shall be for consideration based on fair market values.

(e)Lease any real or personal property for the use of the California State University.

(f)Sell, exchange, or otherwise dispose of real property acquired from revenues generated by the parking and housing programs in the California State University, to a recognized auxiliary organization of the California State University, as authorized by Section 89901. The sale, exchange, or other disposition shall be consistent with the requirements of any indenture or other agreement to which the trustees are a party. Transactions under this subdivision shall be for consideration based on the fair market value of the property to be sold, exchanged, or otherwise disposed of, and shall be subject to the following conditions:

(1)Where more than one auxiliary organization of the California State University expresses interest in acquiring the property, the sale, exchange, or other form of disposal shall be awarded to the highest responsible bidder. The net present value of the projected proceeds of a bid shall be used to determine the highest responsible bidder, where applicable.

(2)When the real property for sale is an improvement situated on land purchased with funds not generated by the parking or housing programs of the California State University, rights to the land upon which the improvement is situated, and access thereto, shall be leased and not sold or exchanged to the acquiring party.

(3)When the real property for sale includes land purchased with funds generated by the parking or housing programs of the California State University, the property shall have at least one border with property that is not owned by the California State University.

(g)Acquire, when it is in the best interests of the state, real property with revenues generated by the parking and housing programs of the California State University.

(1)Any acquisition of real property carried out pursuant to this subdivision shall be reported annually to the Joint Legislative Budget Committee and to the Department of Finance by January 5 of each year.

(2)Any acquisition carried out pursuant to this subdivision shall include relocation assistance, when appropriate.

§ 89048.5

Added by Stats. 1993, Ch. 1097, Sec. 2. Effective January 1, 1994.

Notwithstanding any other provision of law, the trustees shall include in the contract of conveyance of any real property sold by the California State University a statement that if it is subsequently determined that the property subject to conveyance contains a Native American burial ground, that fact shall be reported to the Legislature and the property may revert to the state if a statute is enacted requiring that reversion.

§ 89049.1

Added by Stats. 1991, Ch. 414, Sec. 1.

Notwithstanding Article 1.5 (commencing with Section 16360) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, money received by the state from the United States for distribution by the trustees for student financial aid purposes shall not be remitted to the Federal Trust Fund, but shall only be reported to the Director of Finance for accounting purposes.