BILL NUMBER: AB 852	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 17, 2011

   An act to add Section 87482.1 to the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 852, as introduced, Fong. Public postsecondary education:
community colleges: temporary faculty.
   Existing law establishes the California Community Colleges, which
are administered by the Board of Governors of the California
Community Colleges. Governing bodies of community college districts
are authorized to employ any person holding appropriate certification
documents, and to classify these employees as temporary employees,
as prescribed.
   This bill would provide that beginning July 1, 2012, temporary
community college faculty members have a right of first refusal for
assignments, as defined, subject to any greater rights provided in a
collective bargaining agreement or otherwise provided by a district.
A temporary faculty member would only be denied the right of first
refusal for just cause, as defined, must be notified promptly in
writing of the denial and would be entitled to a procedure providing
due process for promptly challenging the denial. This bill would
provide that the right of first refusal may not be construed as
"reasonable assurance" of employment for purposes of unemployment
compensation eligibility between academic terms.
   Because this bill would impose additional duties on community
college districts, it would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 87482.1 is added to the Education Code, to
read:
   87482.1.  (a) Commencing July 1, 2012, temporary community college
faculty members shall have a right of first refusal for assignments
as set forth in this section, subject to any greater rights provided
in a collective bargaining agreement or otherwise provided by a
district.
   (b) A temporary faculty member who has been employed in a
community college district for at least four of the preceding eight
semesters or at least six of the preceding 12 quarters and whose last
evaluation, if any, was satisfactory shall have the right of first
refusal for any assignment in that district which the faculty member
has performed within the preceding eight semesters or preceding 12
quarters. Where two or more temporary faculty members claim the same
assignment, the assignment shall be offered in the order of
seniority. All temporary faculty members shall have access to the
seniority list in any department in which they have the right of
first refusal.
   (c) A faculty temporary member may be denied the right of first
refusal only for just cause, shall be notified promptly in writing of
the just cause, and shall be entitled to a procedure providing due
process for promptly challenging the denial as provided in this
chapter. Just cause includes, but is not limited to, giving the
assignment to a more senior faculty member, failure of a faculty
member to timely request the assignment in writing if required by the
district, or a district decision not to offer the assignment because
of recent low enrollment, funding, or program changes.
   (d) The right of first refusal of an assignment granted by this
section shall not be construed as "reasonable assurance" of
employment for purposes of unemployment compensation eligibility
between academic terms.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.