BILL ANALYSIS
ACR 31
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Date of Hearing: May 5, 2009
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Anthony Portantino, Chair
ACR 31 (Ruskin) - As Introduced: February 23, 2009
SUBJECT : California Community Colleges: faculty.
SUMMARY : States legislative intent that part-time and temporary
faculty receive comparable benefits and pay to that of full-time
faculty, and that the California Community Colleges (CCC)
increase the number of full-time tenured and tenure-track
faculty. Specifically, this resolution declares the intent of
the Legislature that:
1)At least 75% of the full-time faculty on each CCC campus
should be tenured or tenure-track no later than the 2017-18
academic year, commencing in the 2010-11 academic year each
CCC campus reduces the gap between 75% and the current
percentage of full-time faculty who are tenured or
tenure-track by at least 10% annually; and each CCC district
should develop and adopt plans to meet the aforementioned
requirements.
2)Part-time and temporary faculty should receive comparable pay
to that of tenured faculty no later than the 2017-18 academic
year; commencing in the 2010-11 academic year, each CCC
district should decrease the pay gap by at least 15% annually;
and each CCC district should determine a minimum salary goal
for part-time and temporary faculty that is prorated to the
salaries of full-time tenured faculty who have comparable
qualifications and do comparable work.
3)A part-time or other non-tenure track faculty that teaches at
least 40% of the number of hours per week of full-time tenured
or tenure-track faculty be eligible for the same health care
benefits provided to tenured and tenure-track faculty.
4)Each CCC district establish a process for part-time and
non-tenure track employees to receive preferential notice of
teaching assignments and preferential consideration for
attaining full-time tenure-track positions after a
probationary period.
5)The implementation of all of the aforementioned goals should
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be subject to a collective bargaining process that includes
the representatives of full-time and part-time faculty serving
at the institution.
EXISTING LAW requires the CCC Board of Governors (BOG) to adopt
regulations regarding the percent of credit instruction that
shall be taught by full-time faculty, and authorizes CCC
districts with less than 75% full-time instructors to apply a
portion of their "program-improvement" funds toward reaching a
75% Standard. However, the state has since stopped providing
program-improvement funds, and the CCC BOG has since required
CCC districts to provide a portion of their growth funds to
hiring more full-time faculty.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis of similar provisions contained in ACR 91
(Mendoza, 2008), which was held on the Assembly Appropriations
Suspense File, there is no direct fiscal impact as a resolution
does not carry the force of law. However, the Assembly
Appropriations Committee identified significant costs associated
with the implementation of the intent of this resolution,
including about $200 million to achieve the 75/25 Standard, over
$100 million to achieve pay parity between full-time and
part-time faculty, and tens of millions to cover additional
health insurance costs for part-time faculty.
COMMENTS : Purpose of this resolution : According to the author,
full-time faculty members are central to academic excellence,
integrity, and freedom, which in turn, translate into better
service of students. However, the current full-time/part-time
ratio is 57/43, and an increasing percentage of the courses in
CCC are being taught by part-time faculty. According to the
author, part-time faculty are compensated at significantly lower
wages and benefits than full-time faculty and too often lack
basic supports such as paid office hours. The author believes
that pay and benefit increases for part-time faculty and
ensuring that these faculty members have a process to become
full-time faculty will allow the CCC to better serve its student
population.
Evolution of CCC part-time faculty : According to the 2002 CCC
Academic Senate report, "Part-Time Faculty: A Principled
Perspective", prior to 1967 part-time temporary assignments were
largely limited to evening programs, adult education, and
short-term substitutions. In 1967, California law took effect
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establishing that part-time temporary faculty could work up to
60% of the hours worked by full-time tenured faculty within a
single CCC district. In 1974, approximately 37% of teaching
faculty was full-time and 62% part-time. By 2006, approximately
30% (18,196) of teaching faculty was tenure or tenure track and
70% (41,624) classified as academic temporary.
Inequity for part-time faculty : Several studies on part-time
faculty within CCC, including the 2000 California Bureau of
State Audits (BSA) audit and the 2001 California Postsecondary
Education Commission (CPEC) report, found that CCC districts pay
part-time faculty significantly less than full-time faculty
performing the same duties. BSA found that if part-time faculty
were to teach a full course load at their current pay, they
would receive an average of 31% less in annual wages than
full-time faculty. CPEC found that 41% of part-time faculty
reported not receiving any type of benefits from their CCC
district. While market forces play a leading role in
determining part-time salary, CPEC questioned whether these
forces left alone would lead to compensation levels that ensure
a consistent educational experience for students. BSA
recommended ways for the Legislature to increase funding for CCC
districts in order to encourage them to address the equity gap
in salaries and benefits and estimated the cost in 2000 for
equalizing compensation to be $144 million annually.
Varying perspectives : According to the BSA audit sited above,
there are varying perspectives surrounding the current system of
unequal compensation for part-time faculty; some believe it
causes negative consequences that need to be addressed, while
others suggest it represents an appropriate balance of market
conditions at the local level that should not be tampered with.
Some argue that unequal compensation creates a fiscal incentive
to use more part-time faculty with negative consequences for the
quality of CCC education. Others argue that decisions about
compensation should continue to be determined through the
collective bargaining process at the local level based on market
conditions and fiscal considerations. CCC districts expressed
concern that using scarce funds to raise the pay of part-time
faculty could take funding away from educational programs or
prevent program growth and faculty expansion.
Related legislation : AB 1095 (Hill), pending in this committee,
would state Legislative intent that by the end of the 2013-14
fiscal year, 75% of the hours of credit instruction be taught by
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full-time instructors.
Previous legislation : ACR 91 (Mendoza), which was held in the
Assembly Appropriations Committee, was substantially similar to
this resolution. AB 591 (Dymally), Chapter 84, Statutes of
2008, allows a CCC district to hire temporary part-time
employees to teach up to 67%, rather than 60%, of the hours per
week that constitute a regular full-time faculty assignment. AB
1423 (Davis), held in the Assembly Appropriations Committee,
would have required CCC district academic salary schedules to be
uniform in application and effect. AB 1343 (Mendoza), held in
the Assembly Appropriations Committee, would have required at
least 75% of full-time faculty on each campus of the California
State University and CCC be tenured or tenure-track by the
2014-2015 academic year.
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and Municipal Employees
Opposition
None on file
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960