BILL NUMBER: SB 114	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2011
	AMENDED IN SENATE  APRIL 4, 2011
	AMENDED IN SENATE  MARCH 23, 2011
	AMENDED IN SENATE  MARCH 10, 2011

INTRODUCED BY   Senator Yee

                        JANUARY 19, 2011

   An act to add Section 87483.7 to the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 114, as amended, Yee. Community colleges: academic salary
schedules. 
   (1) Existing 
    Existing  law establishes the California Community
Colleges, under the administration of the Board of Governors of the
California Community Colleges, as one of the segments of public
postsecondary education in this state. Existing law establishes
community college districts, administered by district governing
boards, throughout the state, and authorizes these districts to
employ faculty members to provide instruction to students at the
community college campuses maintained by the districts.
   Existing law requires community college districts with less than
75% of their hours of credit instruction taught by full-time
instructors to apply a portion of their program improvement
allocation, as provided, to reaching the 75% standard.
   This bill would  require   authorize 
community college districts to  determine  
present  the compensation of part-time community college faculty
using a salary schedule that  places   compares
 part-time faculty  on comparable salary steps as
  salaries to salaries of  full-time faculty with
similar academic preparation and years of experience. The bill would
 require   authorize  part-time faculty to
be  paid in a manner   placed on a salary
schedule  that mirrors the same relationship to the placement of
full-time faculty on the schedule.  Because this bill would
impose new duties on community college districts, it would constitute
a state-mandated local program.   The bill would
authorize a community college district to calculate the salary of a
part-time faculty member and report it, as specified. The bill would
also prohibit its provisions from affecting the implementation of
specified collective bargaining agreements and would authorize its
provisions to be subjects of negotiation for new or successor
collective bargaining agreements.  
   (2) 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
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Part-time community college faculty are required to hold the
same academic credentials and qualifications to teach the same
courses as their full-time colleagues.
   (b) Part-time community college faculty are spending the same
number of nonclassroom hours as their full-time colleagues preparing
lessons and grading assignments.
   (c) Part-time community college faculty salaries should accurately
reflect the actual work performed both in and out of the classroom,
including, but not necessarily limited to, regularly scheduled office
hours.
   (d) An hourly pay schedule for part-time faculty instructional
work radically underrepresents to governing boards and the general
public the actual work being performed by part-time community college
faculty members.
   (e) Different types of community college instruction incur
different numbers of classroom hours per week per full-time
equivalent student load, resulting in inequities and errors in salary
and service credit reporting when salary is based on classroom
hours.
   (f) Repeated problems have occurred, and continue to occur, with
accurate calculation and reporting of service credits from districts
to the State Teachers' Retirement System (STRS) and from STRS to
part-time community college faculty members, with particular
detriment to part-time faculty members who work in more than one
community college district.
   (g) These problems with STRS reporting could be dramatically
resolved by a full-time equivalent (FTE) percentage-based reporting
system.
   (h) Part-time faculty salaries in the University of California and
California State University systems, as well as in most K-12
districts, are calculated and reported for all purposes as (FTE).

   SEC. 2.   SECTION 1.   Section 87483.7
is added to the Education Code, to read:
   87483.7.  (a) A community college district  shall
determine   may present  the compensation of
part-time community college faculty using a salary schedule that
 places   compares  part-time faculty
 on comparable salary steps as   salaries to
  salaries of  full-time faculty with similar academic
preparation and years of experience. Part-time faculty  shall
  may  be placed on a  salary  schedule
that mirrors the same relationship to placement of full-time faculty
on the schedule.
   (b) A community college district  shall   may
 calculate the salary of a part-time faculty member, and report
that salary on payroll notices and to the State Teachers' Retirement
System, as a percentage of  full-time salary  
salary for a full-time teaching load  . 
   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.  
   (c) (1) This section shall not preclude the implementation of any
agreement entered into pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code that is
in effect before January 1, 2012. To the extent that such an
agreement conflicts with this section, the agreement shall prevail.
 
   (2) The provisions of this section may be subjects of negotiation
with respect to the collective bargaining process relating to any new
or successor agreement entered into between a community college
district and part-time faculty occurring on or after January 1, 2012.