Define Academic Freedom in Title 5

Spring
2023
Resolution Number
13.04
R
Contact
Assigned to
Standards and Practices Committee
Educational Policies Committee
Category
Disciplines List
Status Report

Refer resolution and all amendments to Executive Committee for further research and report back by Fall 2023.

Whereas, In July 2021, the California State Senate passed Senate Resolution 45 (Min, 2021) [1] “recogniz[ing] the lack of consistent academic freedom policies across the state, [and] declar[ing] that academic freedom is essential for teaching and learning in California’s community colleges” [2]; and

Whereas, California Code of Regulations Title 5 §51023 mandates “the governing board of a community college district to adopt a policy statement on academic freedom and make the policy statement available to the faculty,” [3] no statutory or regulatory language defines academic freedom, which has left California community colleges operating with inconsistent and insufficient policies related to academic freedom [4];

Resolved, That the Academic Senate for California Community Colleges work with the California Community Colleges Chancellor’s Office to revise California Code of Regulations Title 5 §51023 to include a definition for academic freedom needed by California community colleges to establish a standard for their curriculum and classrooms. [5]


1. SR 45 (Min, 2021): https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SR45
2. ”Executive Summary.” SR 45 (Min). March 16, 2022: https://sjud.senate.ca.gov/sites/sjud.senate.ca.gov/files/sr_45_min_sjud_analysis.pdf.
3. California Code of Regulations, title 5 §51023: https://casetext.com/regulation/california-code-of-regulations/title-5-education/division-6-california-community-colleges/chapter-2-community-college-standards/subchapter-1-minimum-conditions/section-51023-faculty.
4. Senate Resolution 45 (Min). March 16, 2022: https://sjud.senate.ca.gov/sites/sjud.senate.ca.gov/files/sr_45_min_sjud_analysis.pdf.
5. Ibid.