BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 492
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          ASSEMBLY THIRD READING
          AB 492 (Conway)
          As Amended  May 7, 2009
          Majority vote 

           HIGHER EDUCATION    5-0                                           

           
           -------------------------------- 
          |Ayes:|Portantino, Conway, Cook, |
          |     |Galgiani, Huber           |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Expands existing law to allow 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 until June 30, 2014; 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)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.  

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

          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  








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            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.

           FISCAL EFFECT  :  None

           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  








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          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  
          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  
          three 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.  

           Related legislation  :  AB 1215 (De La Torre), pending on the  
          Assembly Floor, allows CCC to hire temporary part-time clinical  
          nursing faculty to teach up to 67%, rather than 60%, of the  
          hours per week that constitute a regular full-time faculty  
          assignment.

          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 CCC  
          Chancellor, to teach an unlimited number of semesters between  
          July 1, 2009 and June 30, 2012.
           








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          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960                                               FN:  
          0000602