5 CCR s 71720

Cal. Admin. Code tit. 5, s 71720

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 7.5. PRIVATE POSTSECONDARY EDUCATION
CHAPTER 2. DEGREE-GRANTING PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 11. INSTITUTIONAL OPERATING STANDARDS
This database is current through 02/02/07, Register 2007, No. 5
s 71720. Faculty.

(a) Each institution shall employ duly qualified faculty sufficient in
number to provide the instruction, student advisement, and learning
outcomes evaluation necessary for the institution to document its
achievement of its stated mission, purposes, and objectives, and for
students to achieve the specific learning objectives of each course
offered. Faculty employed at an institution on the date of the
implementation of the regulations, who do not meet the qualifications,
will have three years to earn the degree or experience necessary to
qualify them for their position.

(b) Each institution shall develop and implement written policies and
procedures providing for the participation by duly qualified faculty in
the conducting of research, development of curricula, academic planning,
enforcement of standards of academic quality, pursuit of academic matters
related to the institution's mission, purposes, and objectives,
establishment of criteria for contracting with new faculty, and evaluation
of faculty credentials.

(c) In determining the number of faculty sufficient to satisfy subdivision
(a) and to implement the policies established pursuant to subdivision (b),
the institution shall base its faculty requirements on all of the
following factors:

(1) The educational level and number of students.

(2) The number of hours needed for direct interaction between
students and faculty per course, quarter, semester, or other term.

(3) The number of hours needed to be spent on evaluating written
materials prepared by students, such as correspondence lessons,
papers, and examinations, per course, quarter, semester, or other
term.

(4) The number of group meetings per course, quarter, semester, or
other term.

(5) The faculty duties established by the institution as required
under subdivision (b).

(6) The number of hours per week or unites per term considered
full-time for faculty in the institution.

(d) The faculty shall have sufficient expertise to support the
institution's awarding of a degree identifying a specialty or major field
of emphasis.

(e) The institution's faculty as a whole shall possess a diverse
educational background which shall be demonstrated in part by earned
degrees from a variety of colleges and universities or by credentials
generally recognized in the field of instruction.

(f) When contracting for educational services, the institution shall
maintain control of, and responsibility for, all academic matters, and
shall assure that the instruction and faculty satisfy the standards
established by the Act and this chapter.

(g)(1) In addition to the other requirements of the Act and this chapter,
an institution offering instruction by correspondence shall employ a
sufficient number of faculty to assure that (A) the institution's response
to, or evaluation of, each student lesson is mailed to the student within
10 days after the lesson is received by the institution and (B) the
institution's response to, or evaluation of, each student project or
dissertation is mailed to the student within the time disclosed in the
catalog.

(2) The institution shall maintain a record of the dates on which
lessons, projects, and dissertations were received and responses
were delivered. There shall be a rebuttal presumption that the
institution's response was made on the date of the postmark on the
envelope returning the institution's response or evaluation.

(h) The institution shall not employ or continue to employ any faculty who
were found in a judicial or administrative proceeding to have violated any
provision of the Act or this chapter or to have committed any act that
would constitute grounds for the denial of a license under Section 480 of
the Business and Professions Code.

(i) Every institution shall have a written Academic Freedom Policy which
describes the latitude the institution allows faculty in the classroom so
faculty will not violated inadvertently the principles of academic
freedom. These policies shall be made available to any person upon
request. The institution shall not take adverse action based on a staff
member's exercise of academic freedom consistent with the institution's
policy.

(j) The institution shall maintain records documenting that each faculty
member is duly qualified and was qualified to perform the duties to which
the faculty member was assigned, including providing instruction,
evaluating learning outcomes, evaluating graduate dissertations, theses,
and student projects, and participating on doctoral committees.

Note: Authority cited: Sections 94305 and 94337, Education Code.
Reference: Section 94310, Education Code; Section 480, Business and
Professions Code.

HISTORY

1. New section filed 8-17-92 as an emergency; operative 8-17-92 (Register
92,
No. 34). A Certificate of Compliance must be transmitted to OAL 12-15-92
or
emergency language will be repealed by operation of law on the following
day.

2. Certificate of Compliance as to 8-17-92 order transmitted to OAL on
2-3-93;
disapproved by OAL on 3-24-93 (Register 93, No. 14).

3. New section refiled 4-12-93 as an emergency; operative 4-12-93
(Register
93, No. 16). A Certificate of Compliance must be transmitted to OAL
8-10-93
or emergency language will be repealed by operation of law on the
following
day.

4. Certificate of Compliance as to 4-12-93 order transmitted to OAL on
10-6-93;
disapproved by OAL on 11-22-93 (Register 93, No. 49).

5. New section refiled 11-17-93 as an emergency; operative 11-17-93
(Register
93, No. 47). A Certificate of Compliance must be transmitted to OAL by
5-16-
94 or emergency language will be repealed by operation of law on the
following
day.

6. Certificate of Compliance as to 11-17-93 order transmitted to OAL with
amendments 3-11-94 and filed 4-19-94 (Register 94, No. 16).

5 CCR s 71720, 5 CA ADC s 71720
1CAC

5 CA ADC s 71720

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