Monthly Archives: October 2017

Executive orders materials roundup (now with notes on the Senate agenda)

Here’s the agenda for the Senate meeting: senateagenda102617

Here’s an explanatory note of what’s going to happen: Senate agenda explanation

Here’s a companion flowchart:  Flowchart of agenda

In advance of the upcoming Senate meeting, here are many of the relevant documents in one place:

Abbreviations

CO = Chancellor’s Office

BOT = Board of Trustees

Executive orders, coded memos, and letters

EO1100R

EO1110

LJB to Presidents – Presidents EO 1100R EO 1110 Implementation

The CO has decided to allow limited delays in implementation of EO1100R, but not EO1110. As anticipated, campuses need to submit implementation plans and timelines to receive extensions.

The Placement of Students Based on Their Academic Preparation

This describes the first steps for how the multiple-measures based placement will work.

Clarifying Law and Consultation

This is an email from the EVC to Chair Miller in which he defends the CO’s right to impose GE policy. It was issued largely response to my question to him at the plenary about what to tell my Faculty about the consequences of refusing to comply. Professor Hellenbrand responds to the EVC’s memo in Rights of the senate under CA law: an opinion

CSUN actions

Approved EPC charge to EO1100R task force

Non-participation resolution (from September Senate meeting)

Associated Students resolution

Ethnic studies (et al) letter

‘Consultation’ on draft executive orders and responses

LJB to Pres Request for EO 1100 Feedback

CSU Math council response to ASA-2017-14

2017-06-15 Letter to EVCAA Concerning proposed changes to developmental education SIGNED

Memo on consultation over EOs from EVC

There was some consultation on the EOs. Most faculty believe that it was grossly inadequate consultation. The above memo summarizes some of what occurred. (It may make more sense against the background of Chair Miller’s reports).

 

Ethnic Studies Task Force

This is the final report of the task force convened by Chancellor White to review issues surrounding ethnic studies programs in the CSU

Ethnic Studies Task Force report

Quantitative Reasoning Task Force

The CSU convened a task force to make recommendations on quantitative reasoning education. The report has been cited by the CO to support some of the changes in the Executive Orders.

QRTF report

Blanchard to Miller QR in EO 1100 (1)

This is a letter from EVC Blanchard explaining how the report informed the EOs.

QRTF co-chairs response

This is a response by the co-chairs of the quantitative reasoning task force to the EVC’s letter. They charge that the QRTF report is being misused.

Other CSU campus senate responses

It is clear that EO1100R affects CSUN disproportionately (2 campus have a different problem in that their GE was built around 4 unit courses which the EO requires to be 3 units). Other Senates are upset about the egregious violations of process. No other campus is considering non-compliance. Here are the resolutions which have passed so far:

Campus resolutions

Professor (nee Provost) Hellenbrand’s comments

Rights of the senate under CA law: an opinion

To Hell in a Handbasket: GE and other fiascos

Courses and pathways in the new ge: issues and questions

Statewide Senate and CO responses

ASCSU resolution

CSUCO Responses to ASCSU September 2017

Chair Miller’s presentation to Board of Trustees

Systemwide reports

Faculty Trustee reports

ASCSU Chair reports

Miscellany

The Transfer Maze, The High Cost to Students and the State of California

The Campaign for College Opportunity has presented this report to the BOT. The report identifies a number of issues complicating the transfer process of students from California Community Colleges.

Senator Schutte’s note on ASCSU EO1100 resolution

[The following is some background Senator Schutte promised to send to the Senate after last Thursday’s meeting. He’s given me his permission to share it here]

The Back Story on the ASCSU Resolution Regarding EO 1100 and EO 1110 and its Ramification for the CSUN Review of its Resolution.

In our last Senate meeting, the “question was called” to vote on the then current motion to disregard implementation of EO 1100 and EO1110 (herein known as the “Orders”). This occurred before I had the opportunity to provide information on how the Statewide Resolution concerning these Orders was negotiated and passed. In light of that missed opportunity, I suggested I would distribute a written statement as to why the Statewide Senate did not pass the resolution for rescission and instead opted to pass a resolution to delay and analyze. The result can be gleaned from reading the Statewide Resolution (see statewide minutes, Adam’s Presidents blog or this URL). However, as your statewide senate representative, from whose committee (Fiscal and Governmental Affairs) the resolution was initiated and for which, as a member, I provided the outline for same, I would like to give you the rationale for why this resolution prevailed and the motion, similar to our CSUN senate’s motion to ignore, did not.

The premise on which FGA did not support the rescission resolution was two-fold. First, we felt that faculty needed a seat at the table in dialoguing about the Orders. Simply asking for a rescission and the resulting non-compliance, would have precluded that input. Second we, at FGA, who are charged with following communications between the CSU and Sacramento, understand that the CSU in general and the local campuses, in particular, are often looked at as obstreperous, causing (in particular) the Department of Finance to “tune out” when legitimate requests are forwarded (that is an actual quote from the higher education group at the DOF). Simply ignoring these Orders would have only provided further support for their position. That said, FGA did take exception with many issues presented in the Orders and debated them for several hours. Let me articulate why, as a result, I suggested my reactions to them be incorporated and how that translated into the resolves contained in our resolution.

First, we universally took issue with the timing and lack of consultation for these Orders. The stated rationale was 1) the Chancellor’s Office perception that there was a time constraint issued by the Legislature, and 2) as a result, it required the distribution of these Orders during the summer when faculty were gone. The former was rationalized by the CO in quoting the 2017 Budget Act (AB 97, section 6610.001, 1.4), passed by the Legislature and articulating the need for policy changes by May 2018. The latter was rationalized by the CO’s premise that HEERA (Higher Education Employee-Employer Relations Act) obviates the requirement to consult with faculty on curriculum issues, although they may still voluntarily consult.

Ignoring these two issues by simply saying “no” to their Order’s implementation would prevent us from taking a stand on the underlying CO perceptions. For example, while AB97 does ask for “changes in policy” by May 2018, it does not ask for curriculum changes to be in place by the next academic year. Therefore, it is perfectly logical and reasonable to spend the next year formulating the policy between faculty and the CO, in time to meet the demands of AB97, while not implementing those agreed upon changes until the fall, 2019, which would then give departments time to process any agreed-upon changes. Moreover, while it is the case that the “scope of representation” found in HEERA, section 3562 (2.r.1.C) excludes a meet and confer obligation if the content involves “…the conduct of courses, curricula, and research programs”, it is also true that the Government Code Title I Division 4, Chapter 10, Myers-Milias-Brown Act, Section 3504 (governing public employees) defines the scope of representation to include “…all matters relating to employment conditions and employer-employee relations”. Moreover, the Constitution of the Academic Senate of the CSU (ratified by the Chancellor) calls for the Academic Senate “…..to be the formal policy-recommending body on systemwide academic…..matters”. Clearly, the debate on this issue needs to be vetted. These Orders are the time and venue in which to do so. Simply dismissing them out of hand precludes this opportunity.

Second, is the issue of costs and resource allocation. While the CO advocates the necessary to “standardize” G.E. requirements, units, coded categories, and pre-requisites, so that seamless transfers between campuses may occur, it is nevertheless the case that each campus has different necessities and requirements. Moreover, far less than 1% of students actually transfer once admitted. That said, and truth be known, it was the Legislative Analyst’s Office when testifying at the Senate and Assembly Higher Education Committee hearings in April, who told them (I am paraphrasing here) “The CSU does not need $75 million for G.I. 2025. Their greatest impediment to increasing graduating rates is their emphasis on remediation courses and the number of freshmen that are being placed in them. The ELM and EPT do not predict academic success in subsequent coursework and using them to place students is suppressing graduation rates. Therefore, we recommend the CSU abandon them, substituting multiple measures as predictors and place students directly into credit enabling courses”. Given that resounding vote of no confidence for GI 2025, by the LAO, it is nothing short of a miracle that the Legislature increased Gov. Browns allocation to the CSU by some $37 million. You may see the exact language the LAO used by simply reading the text in AB97, Section 6610.001 1.4. It was taken almost verbatim from the hearings. That said, to defend against being railroaded, this is the time and these are the Orders that deserve data-driven evaluation, not executive proclamation. I suggest that in exchange for critical dialogue about us supporting their implementation, we can effect their support for an evaluation of these Orders, such that it will not only serve us in vetting this implementation but set the rules for doing so whenever future EO’s are forwarded.

Third, and related to any evaluation is the issue of “unintended consequences”. So often public policy is passed with the best of intentions but with no understanding of the latent dysfunctions or consequences. For example, Proposition 47, in releasing non-violent prisoners in California, intended to reduce the prison population and increase the participation in drug rehabilitation, yet in the two years since its implementation, it has achieved the opposite. It turns out,releasing drug-related convicts does not ensure they will participate in “voluntary” drug rehabilitation.

A similar fallacy is true in these Orders. Causing a student to “bypass” a remediation course does not, despite added funds for tutoring, mean the grad rates will rise. Quite the contrary, it may be the case that DFUs will increase dramatically, causing more repeated classes or dropouts and thereby decrease grad rates. Moreover, to the extent Cultural Studies coursework is systematically uncoupled (from section F) and scattered throughout the G.E. categories, while potentially increasing FTES for these courses, may have the unintended consequence of dismantling the identify fostered through the Cultural Studies Departments who evolved these courses. It is not the FTES or unit completion that matters but the identity of clustering those units that is the issue. We are trying to foster grad rates. One of the biggest correlates of student success in graduating is the sense of community and identification with the campus. Having run the campus climate survey for the past three years, it is evident that underrepresented minorities feel less connected to campus. Therefore, is it any wonder they have lower overall graduation rates? How is the declustering of courses that represent a student’s identity going to function to promote a sense of community and, therefore, increase grad rates? That said, by having a voice at the table, examining resources and costs, while collecting data, and reminding them of the history of our section F, we will have the opportunity to demonstrate the insanity of dismantling student identity with Cultural Studies defined courses.

These are among the reasons Academic Affairs, the committee that had penned the Resolution calling for rescission, deferred to FGA and supported our resolution which was ultimately passed unanimously, but for one abstention. I think we would do well (to use a legal metaphor) to consider the merits of arguing our case rather than to not show up for the hearing. I have had some degree of success in swaying AVCs Blanchard and CFO Relyea on other issues and believe much progress on all manner of generic fronts could be made in negotiating with them, using these Orders as the stimulus context. I hope you agree and modify your vote at the next Senate hearing.

Respectfully,
Jerry Schutte, Professor
CSUN Statewide Academic Senator

The motion to reconsider

I reported that the motion passed by CSUN’s Senate concerning the recent executive orders had been “frozen” by a procedural motion. Understandably, I’ve received a lot of requests for information about how that worked and what will happen at the next Senate meeting.

In this note, I’m just going to explain how reconsideration works. I’ve cut out all the explanations of why it works this way. That has, at least temporarily, saved you from digressions into the justifications of quirks which seem bizarre or unfair on first glance.

The motion that was used at the end of the Senate meeting was a special version of the motion to reconsider. Let’s start with the general case.

All motions have two stages: they are made (introduced, seconded, and stated) and then considered (debated, amended, voted upon). For almost every motion, making it automatically initiates consideration. If the motion is debatable, debate begins as soon as it has been seconded and stated by the Chair. When an undebatable motion is seconded, the Chair states the motion and immediately calls for the vote.

The motion to reconsider is an exception. When the motion to reconsider is made, a timer starts. If the motion is called up before the time limit expires, it gets considered (debated, voted upon). If it does not get called up in time, nothing happens apart from the unfreezing of any implementation of the original motion which had been frozen by the motion.

The special version of the motion to reconsider used at our Senate meeting was only special in that it cannot be called up on the same day that it is made, and it has a shorter time limit (the end of the next meeting). I had recommended it to the Senator who introduced it because those features make it transparent and definitive about when the motion will be called up.

When the motion to reconsider is called up, debate begins on whether to reopen the original motion. Calling up the motion does not require a second; it was already seconded when it was made.

The debate on whether to reconsider can legitimately go into the merits of the original motion. But it can also go beyond them. Anything relevant to the question of whether to reopen the original motion is in order. When debate concludes, the Senate votes on whether to reconsider the original motion.

If a majority votes in favor, the original motion is opened for consideration. There are no special rules at this point. It gets debated, amended, et cetera, and finally voted upon just like any other main motion. If the final vote fails, the outcome is the same as if there had been a motion to rescind: the Senate has no position on the matter the original motion concerned.

If a majority votes against reconsideration, the Senate goes on to its next business item. Any implementation of the original motion which had been frozen, unfreezes.

The vote on reconsider cannot be reconsidered. That way lies madness.