California Legislature—2013–14 Regular Session

Assembly Bill No. 806

Introduced by Assembly Member Wilk

February 21, 2013

An act to amend Section 84362 of, and to add Section 84363 to, the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 806, as introduced, Wilk. Community colleges: salaries of classroom instructors.

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 throughout the state, and authorizes these districts to provide instruction at community college campuses. Existing law requires that 50% of each district’s current expense of education, as defined, be expended for payment of salaries of classroom instructors, as defined. Existing law requires the governing board of each district to provide for an internal audit in accordance with regulations of the board of governors.

This bill would define “salaries of classroom instructors” to include the salaries of counselors, as defines. This bill would require that, commencing with the 2014-15 fiscal year, 52% of each district’s current expense of education be expended for payment of salaries of classroom instructors. The bill would also authorize the board of governors to establish a committee to review the auditing procedures in order to ensure compliance with the requirement that 52% of each district’s current expense of education be paid for the salaries of classroom instructors.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 84362 of the Education Code is amended
to read:

84362.  

(a) As used in this section, “salaries of classroom
instructors” means:

(1) The salary paid to each instructor begin insert or counselor end insert employed
by the district whose duties require that the full time for which the
instructor begin insert or counselor end insert is employed be devoted to the instruction
of students of the district begin insert or to the provision of counseling services
for the students of the district end insert .

(2) The portion of the salary of each instructor begin insert or counselor end insert
whose duties require that a part, but not all, of the full time for
which the instructor begin insert or counselor end insert is employed be devoted to the
instruction of students of the district begin insert or to the provision of
counseling services for the students of the district end insert , which is equal
to the portion of the full time actually devoted by the instructor begin insert or
counselor end insert to teaching begin insert or to the provision of counseling services to
the end insert students of the district.

(3) The salary paid to each instructional aide employed by the
district, any portion of whose duties are required to be performed
under the supervision of an instructor. However, the cost of all
health and welfare benefits provided to the instructors by the
community college district shall be included within the meaning
of “salaries of classroom instructors.”

begin delete

(b) (1) As used in this section, an “instructor” means an
employee of the district employed in a position requiring minimum
qualifications and whose duties require him or her to teach students
of the district for at least one full instructional period each
schoolday for which the employee is employed. An instructional
period is the number of minutes equal to the number of minutes
of the regular academic period in the community college in which
the instructor is employed.

end delete begin delete

(2) As used in this section, “administrator” means any employee
in a position having significant responsibilities for formulating
district policies or administering district programs; and
“supervisor” means any employee having authority, on behalf of
the district, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, discipline other employees, adjust their
grievances, or effectively recommend that action, if the exercise
of the authority is not of a merely routine or clerical nature.

end delete begin insert

(b) As used in this section, the following terms have the following
meanings:

end insert begin insert

(1) “Administrator” means any employee in a position having
significant responsibilities for formulating district policies or
administering district programs; and “supervisor” means any
employee having authority, on behalf of the district, to hire,
transfer, suspend, lay off, recall, promote, discharge, assign,
reward, discipline other employees, adjust their grievances, or
effectively recommend that action, if the exercise of the authority
is not of a merely routine or clerical nature.

end insert begin insert

(2) “Counselor” means an employee of the district employed
in a position requiring the minimum qualifications of a counselor.

end insert begin insert

(3) “Instructor” means an employee of the district employed in
a position requiring minimum qualifications and whose duties
require him or her to teach students of the district for at least one
full instructional period each schoolday for which the employee
is employed. An instructional period is the number of minutes
equal to the number of minutes of the regular academic period in
the community college in which the instructor is employed.

end insert

(c)  begin delete “Current end delete begin insert As used in this section, “current end insert expense of
education” means the gross total expended (not reduced by
estimated income or estimated federal and state apportionments)
for the purposes classified in the final budget of a district (except
one which, during the preceding fiscal year, had less than 101 units
of full-time equivalent begin delete student) end delete begin insert students) end insert for academic salaries
other than academic salaries for student transportation, food
services, and community services; classified salaries other than
classified salaries for student transportation, food services, and
community services; employee benefits other than employee
benefits for student transportation personnel, food services
personnel, and community services personnel; books, supplies,
and equipment replacement other than for student transportation
and food services; and community services, contracted services,
and other operating expenses other than for student transportation,
food services, and community services. “Current expense of
education,” for purposes of this section, shall not include those
expenditures classified as sites, buildings, books, and media and
new equipment begin delete (object of expenditure 6000 of the end delete
begin insert (object-of-expenditure classification 6000 of the Budget and end insert
Accounting Manual for California Community Colleges), the
amount expended from categorical aid received from the federal
or state government which funds were granted for expenditures in
a program not incurring any instructor salary expenditures or
requiring disbursement of the funds without regard to the
requirements of this section, or expenditures for facility acquisition
and construction; and shall not include the amount expended
pursuant to any lease agreement for plant and equipment or the
amount expended from funds received from the federal government
pursuant to the “Economic Opportunity Act of 1964” or any
extension of that act of Congress or the amount expended by a
community college from state or federal funds received by the
community college for grants to community college students or
for the employment of community college students.

(d)  begin delete There end delete begin insert Commencing with the 2014-15 fiscal year, there end insert shall
be expended during each fiscal year for payment of salaries of
classroom instructors by a community college district, begin delete 50 end delete begin insert 52 end insert
percent of the district’s current expense of education. begin insert For the
purposes of implementing this subdivision, all expenditures
included in object-of-expenditure classification 1000, pursuant to
the Budget and Accounting Manual for California Community
Colleges, shall be included in the numerator, except as follows: end insert

begin insert

(1) Salaries of educational administrators as defined in Section
87002.

end insert begin insert

(2) Prorated salaries of administrators for teaching instruction
as part of their regular workload.

end insert begin insert

(3) Salaries of instructors on sabbatical leave.

end insert

(e) If the board of governors determines that a district has not
expended the applicable percentage of current expense of education
for the payment of salaries of classroom instructors during the
preceding fiscal year, the board shall, in apportionments made to
the district from the State School Fund after April 15 of the current
fiscal year, designate an amount of the apportionment or
apportionments equal to the apparent deficiency in district
expenditures. Any amount so designated by the board of governors
shall be deposited in the county treasury to the credit of the
community college district, but shall be unavailable for expenditure
by the district pending the determination to be made by the board
of governors on any application for exemption which may be
submitted to the board of governors. In the event it appears to the
governing board of a community college district that the application
of the preceding subdivisions during a fiscal year results in serious
hardship to the district, or in the payment of salaries of classroom
instructors in excess of the salaries of classroom instructors paid
by other districts of comparable type and functioning under
comparable conditions, the governing board may apply to the board
of governors, in writing, not later than September begin delete 15th end delete begin insert 15 end insert of the
immediately succeeding fiscal year for exemption from the
requirements of this section.

(f) Immediately upon applying for the exemption described in
subdivision (e), the governing board shall provide the exclusive
representative of the district’s academic employees or, if none
exists, the district or college academic senate, and all academic
employee organizations eligible for payroll dues deduction, with
a copy of the application. The exclusive representative, or the
district or college academic senate, and all academic employee
organizations eligible for payroll dues deduction, within 30 days
of its receipt of the application, may transmit to the board of
governors a written statement opposing the application, setting
forth reasons for its opposition.

(g) Upon receipt of the application described in subdivision (f),
duly approved, and of the statement of opposition, if any, the board
of governors shall grant the district exemption for any amount that
is less than one thousand dollars ($1,000). If the amount is one
thousand dollars ($1,000) or more, the board of governors may
grant the district exemption from the requirement for the fiscal
year for which the application is made if a majority of all the
members of the board of governors finds, in writing, that the district
will in fact suffer serious hardship or will have to pay salaries of
classroom instructors in excess of those paid by other districts of
comparable type and functioning under comparable conditions
unless the district is granted an exemption. If the exemption is
granted, the designated moneys shall be immediately available for
expenditure by the community college district governing board.
If no application for exemption is made or exemption is denied,
the board of governors shall order the designated amount or amount
not exempted to be added to the amounts to be expended for
salaries of classroom instructors during the next fiscal year.

(h) The board of governors shall enforce the requirements
prescribed by this section, and may adopt necessary rules and
regulations to that end. It may require the submission during the
college year, by community college district governing boards and
county superintendents of schools, of the reports and information
as may be necessary to carry out this section.

(i) The board of governors, no later than the 10th calendar day
of each year of the Legislature, shall submit to the Legislature a
written report on the operation, effect, and the extent of compliance
with this section by community college districts in the state during
the two most recently ended fiscal years. The report shall describe
the activities of the board of governors and the chancellor’s office,
undertaken to ensure compliance with this section, and may contain
recommendations for legislation pertaining to that subject.

SEC. 2.  

Section 84363 is added to the Education Code, to read:

84363.  

(a) The board of governors may establish a committee
to review the auditing procedures adopted pursuant to Article 2
(commencing with Section 84030) to develop ways to ensure
compliance with the requirement of subdivision (d) of Section
84362 that, commencing with the 2014-15 fiscal year, 52 percent
of each district’s current expense of education be paid for the
salaries of classroom instructors. The membership of the committee
shall be as follows:

(1) The Chancellor of the California Community Colleges.

(2) One certified public accountant, to be selected by the board,
who is licensed by the California Board of Accountants and has
prepared an annual audit pursuant to subdivision (b) of Section
84040.

(3) One exclusive representative of classified employees of a
district, to be selected by the board.

(4) One district administrator, to be selected by the board.

(b) The committee shall review local district auditing procedures
and recommend to the board any changes to the procedures
published in the California Community Colleges Budget and
Accounting Manual that may be necessary to achieve the current
expense of education requirements contained in subdivision (d)
of Section 84362.