BILL NUMBER: AB 852 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2011
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 amended, 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. The Legislature finds and declares all
of the following:
(a) California's community colleges have historically hired
temporary faculty to teach courses in basic skills, entry level
transfer courses, and career technical education. The employment of
temporary faculty enriches the curriculum, adds diversity of
experience and knowledge to the college, and strengthens the tie
between the college and its community.
(b) Temporary faculty comprise over 40,000 of the current
community college faculty and teach approximately 45 percent of all
community college courses in California.
(c) Student success is predicated on a consistent and stable
workforce that is knowledgeable, meets performance expectations
through satisfactory evaluations, and lends both expertise and
experience to the needs of the college and students. A secure pool of
temporary, part-time faculty is necessary on a long-term basis to
support students who require continuity of quality instruction,
mentoring, letters of recommendation, curriculum development, and
learning outcomes assessment that will improve student success and
retention.
(d) With workforce reductions and other adjustments in meeting
college needs, temporary faculty who have experience and knowledge
and meet the needs of students and the college are being
disenfranchised from the college workforce. This act will provide the
colleges with a proven pool of faculty who have historically served
the college, satisfactorily served student needs and success, and
have been proven to be an asset to the continued needs of the
college.
(e) This act should not be construed to diminish or otherwise
affect the requirements, guarantees, or other protections under a
collective bargaining agreement, district policy, or state or federal
law that provides for greater or additional requirements,
guarantees, or protections than those provided under this act.
SECTION 1. SEC. 2. 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 an
assignment in that district which the
community college district that the faculty member has
performed within the preceding eight semesters or preceding 12
quarters. Where If 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. SEC. 3. 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.