BILL NUMBER: AB 852 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN SENATE JUNE 22, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
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
2013 , 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. 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. The bill would provide that the right of first
refusal provided by this bill applies only to assignments
traditionally given to temporary faculty members that are in a
subject matter for which the faculty member is qualified to teach,
and shall not apply to contract faculty members, regular
faculty members, or faculty overload assignments. The bill would
require specified rights granted to termi nated employees
to be satisfied before providing the right of first refusal provided
by this bill, following a layoff.
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.
SEC. 2. Section 87482.1 is added to the Education Code, to read:
87482.1. (a) Commencing July 1, 2012 2013
, 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 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 an assignment in the community college district that the
faculty member has performed within the preceding eight semesters or
preceding 12 quarters. If two or more temporary faculty members claim
the same assignment, the assignment shall be offered in the order of
seniority.
(c) A temporary faculty member may be denied the right of first
refusal only for just cause, which 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.
(e) This section applies only to assignments traditionally given
to temporary faculty members that are in a subject matter for
which the temporary faculty member is qualified to teach, as
determined by the commu nity college district .
Nothing in this section shall apply to contract faculty members,
regular faculty members, or faculty overload assignments.
(f) Following a layoff, the rights granted to a terminated
employee pursuant to Sections 87744 and 87745 shall be satisfied
before providing a right of first refusal pursuant to this section.
(g) This section shall not supersede collective bargaining
agreements entered into on or before July 1, 2013.
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.