BILL NUMBER: AB 2146	CHAPTERED  06/30/02

	CHAPTER  85
	FILED WITH SECRETARY OF STATE  JUNE 30, 2002
	APPROVED BY GOVERNOR  JUNE 28, 2002
	PASSED THE SENATE  JUNE 17, 2002
	PASSED THE ASSEMBLY  APRIL 15, 2002
	AMENDED IN ASSEMBLY  APRIL 10, 2002

INTRODUCED BY   Assembly Member Chu
   (Coauthor:  Assembly Member Alquist)

                        FEBRUARY 20, 2002

   An act to amend Sections 87474, 87601, and 87661 of the Education
Code, relating to community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2146, Chu.  Community colleges:  intersession terms.
   (1) Existing law establishes the California Community Colleges
under the administration of the Board of Governors of the California
Community Colleges.  Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
   Existing law provides that nothing in the Education Code is to be
construed as permitting a community college faculty member to acquire
regular classification with respect to employment in a summer school
maintained by a community college district.  Existing law also
excludes service in connection with this employment from the
computation of the service required as a prerequisite to attainment
of, or eligibility for, classification as a regular employee of the
district.
   This bill would also exclude intersession terms from this
computation if this exclusion is in accordance with an applicable
collective bargaining agreement.
   (2) Existing law relating to the employment of faculty by a
community college district defines an "academic year" as that period
between the 1st day of a fall semester or quarter and the last day of
the following spring semester or quarter.
   This bill would further require that an "academic year" exclude
any intersession term that has been excluded pursuant to an
applicable collective bargaining agreement.  The bill would also make
various technical and conforming revisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 87474 of the Education Code is amended to read:

   87474.  (a) Nothing in this code shall be construed as permitting
a faculty member to acquire regular classification with respect to
employment in either of the following:
   (1) A summer term maintained by a community college district.
   (2) An intersession term maintained by a community college
district, if the exclusion of the intersession term is in accordance
with a collective bargaining agreement applicable to that employee.
   (b) Service in connection with the employment referenced in
subdivision (a) shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility  for,
classification as a regular employee of the district.
   (c) The Legislature finds and declares that this section does not
constitute a change in, but is declaratory of, the preexisting law.

  SEC. 2.  Section 87601 of the Education Code is amended to read:
   87601.  For the purposes of this article:
   (a) "Academic year" means that period between the first day of a
fall semester or quarter and the last day of the following spring
semester or quarter, excluding any intersession term that has been
excluded pursuant to an applicable collective bargaining agreement.
   (b) "Contract employee" means an employee of a district who is
employed on the basis of a contract in accordance with Section 87605,
subdivision (b) of Section 87608, or subdivision (b) of Section
87608.5.
   (c) "District" means a community college district.
   (d) "Positions requiring certification qualifications" are those
positions which provide the services for which certifications have
been established in this code.
   (e) "Regular employee" means an employee of a district who is
employed in accordance with subdivision (c) of Section 87608,
subdivision (c) of Section 87608.5, or Section 87609.
  SEC. 3.  Section 87661 of the Education Code is amended to read:
   87661.  For the purposes of this article:
   (a) "Academic year" means that period between the first day of a
fall semester or quarter and the last day of the following spring
semester or quarter, excluding any intersession term that has been
excluded pursuant to an applicable collective bargaining agreement.
   (b) "Contract employee" or "probationary employee" means an
employee of a district who is employed on the basis of a contract in
accordance with Section 87605, subdivision (b) of Section 87608, or
subdivision (b) of Section 87608.5.
   (c) "District" means a community college district.
   (d) "Regular employee" or "tenured employee" means an employee of
a district who is employed in accordance with subdivision (c) of
Section 87608, subdivision (c) of Section 87608.5, or Section 87609.