BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 492
                                                                  Page  1

          Date of Hearing:   May 5, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                 AB 492 (Conway) - As Introduced:  February 24, 2009
           
          SUBJECT  :   Community Colleges: nursing faculty.

           SUMMARY  :   Allows temporary clinical nursing faculty at  
          California Community Colleges (CCC) to teach an unlimited number  
          of semesters or quarters within any period of three consecutive  
          years; authorizes a CCC district to employ temporary clinical  
          nursing faculty even if the hiring of such faculty results in an  
          increase in the ratio of part-time to full-time nursing faculty  
          in that CCC district; and makes various related findings and  
          declarations.

           EXISTING LAW  

          1)Limits temporary clinical nursing faculty at CCC to teaching  
            four semesters or six quarters in any three-year period until  
            June 30, 2014.  After June 30, 2014, temporary clinical  
            nursing faculty at CCC are limited to teaching two semesters  
            in any three-year period. 

          2)Requires the CCC Chancellor to report to the Legislature and  
            the Governor by September 30, 2012 regarding the number of  
            districts that hired faculty pursuant to the aforementioned  
            law, and the ratio of full-time to part-time faculty for these  
            districts.

          3)Prohibits a CCC district from hiring temporary clinical  
            nursing faculty if such hiring results in an increase in the  
            ratio of part-time to full-time nursing faculty in that CCC  
            district.  

          4)Establishes legislative intent that at least 75% of the credit  
            hours taught at CCC districts be taught by full-time  
            instructors, requires CCC Board of Governors to adopt  
            regulations to establish minimum standards regarding the  
            appropriate percentage of credit instruction that should be  
            taught by full-time instructors, and requires the CCC  
            Chancellor to calculate specified information relative to  
            credit instruction hours taught by part-time and full-time  
            faculty.








                                                                  AB 492
                                                                  Page  2


           FISCAL EFFECT  :   This bill is keyed "non-fiscal" by Legislative  
          Counsel.

           COMMENTS :    California shortage of nursing faculty  :  According  
          to the Board of Registered Nursing 2007-08 Annual School Report,  
          "expansion in Registered Nurse (RN) education has required  
          nursing programs to hire more faculty to teach the growing  
          number of students. Although the number of nursing faculty has  
          grown by 87.3% since 2000-2001, faculty hires have not kept pace  
          with the growth in California pre-licensure nursing programs.   
          In 2007-2008, 170 faculty vacancies were reported, representing  
          a faculty vacancy rate of 4.7%.  Although this vacancy rate is  
          the lowest reported in four years, RN programs will not be able  
          to continue their expansion without more faculty."

           CCC nursing education programs  :  According to the CCC  
          Chancellor's Office (CCCCO) Report on Nursing Education Programs  
          released in April of 2009, there are 74 CCC campuses currently  
          operating RN programs, enrolling a total of 13,047  
          full-time-equivalent students.  Enrollments have increased by  
          about 48% over the last three to four years due to the  
          development of new programs, and expansion of enrollment  
          capacity through partnerships with the health care industry, and  
          federal and state funded programs and grants.  

          The numbers of temporary CCC nursing faculty has grown in recent  
          years, while at the same time the number of tenured/tenure track  
          faculty has remained relatively stagnant.  According to  
          information provided by the CCCCO, in the Fall term of 2002,  
          there were 571 (52.6%) tenured/tenure track faculty and 515  
          temporary nursing faculty.  By the Fall 2007 term, the number of  
          tenured/tenure track faculty had dropped to 552 (41.7%) while  
          the number of temporary nursing faculty grew to 772 (58.3%).   
          This growth in temporary nursing faculty can largely be  
          attributed to enrollment expansion efforts funded by grants.  

           Purpose of this bill  :  According to the author, California faces  
          "a dire nursing shortage and an aging population.  A major  
          contributor to the nursing shortage is the fact that our CCC  
          system, which educates 66% of RNs in California, places many  
          unnecessary restrictions on nursing faculty."  The author  
          further argues "given that an RN can often earn a higher salary  
          in the medical field than as CCC faculty, many CCCs are finding  
          it harder to hire full-time nursing faculty than part-time  








                                                                  AB 492
                                                                  Page  3

          nursing faculty."  The author also points to a Legislative  
          Analysts Office report that "there is no evidence that having a  
          ratio of full-time to part-time faculty and limiting the amount  
          of terms that a temporary faculty member can teach within a 3  
          year period effects student outcomes."  The author argues that  
          this bill grants much needed flexibility to CCC to hire  
          additional part-time clinical nursing faculty. 

           Appropriate timing of this bill  :  SB 1309 (Scott), Chapter 837,  
          Statutes of 2006, increased, until June 30, 2014, the number of  
          semesters in a three year period, from two semesters to four  
          semesters, that temporary part-time clinical nursing faculty are  
          allowed to teach, provided that it does not result in an  
          increase in the ratio of part-time to full-time nursing faculty  
          in the CCC district.  The CCC Chancellor is required to submit  
          to the Legislature by September 30, 2012, a report detailing the  
          numbers of faculty hired under this statute and the ratio of  
          full-time to part-time faculty in the CCC districts.  CCC  
          districts are just ending the second full academic year under  
          these new provisions.  In light of this, the committee may wish  
          to consider if this bill is premature.  

           Should this bill contain a sunset  ?  As noted above, existing law  
          requires the CCC Chancellor to report to the Legislature and the  
          Governor on the effects the law by September 30, 2012.   
          Additionally, existing law establishes a sunset for the expanded  
          use of temporary clinical nursing faculty of June 30, 2014.   
          This bill expands the number of courses temporary clinical  
          nursing faculty may teach beyond that contained in existing law  
          and deletes the sunset date.   The committee may wish to require  
          the sunset date of June 30, 2014 be reinstated.   

           Related legislation :  SB 182 (Ashburn), pending in the Senate  
          Education Committee, deletes the limitation that temporary  
          clinical nursing faculty be employed for not more than four  
          semesters or six quarters within a three year period.

          SB 1620 (Ashburn) of 2008 failed passage in the Assembly  
          Appropriations.  SB 1620 would have allowed temporary clinical  
          nursing faculty at three CCC districts, as selected by the  
          Chancellor of the CCC, to teach an unlimited number of semesters  
          between July 1, 2009 and June 30, 2012.

           REGISTERED SUPPORT / OPPOSITION  :   









                                                                 AB 492
                                                                  Page  4

           Support 
           
          California Hospital Association
          Long Beach City College

           Opposition 
           
          California Federation of Teachers
          California Teachers Association
          Faculty Association of California Community Colleges
           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960