BILL NUMBER: AB 2705 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Williams
FEBRUARY 21, 2014
An act to amend Sections 87102, 87151, 87415, 87424, 87482.5,
87482.6, 87482.8, 87482.9, 87601, 87604, 87860, 87861, 87862, 87863,
87864, 87867, 87880, 87881, 87882, 87883, 87884, and 87885 of, to
amend the headings of Article 9 (commencing with Section 87860) of,
and Article 10 (commencing with Section 87880) of, Chapter 3 of Part
51 of Division 7 of Title 3 of, and to repeal Section 87482.4 of, the
Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 2705, as introduced, Williams. Community colleges: faculty.
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. Under existing law, community college
districts are authorized, among other things, to maintain and operate
campuses, employ faculty and other employees, and provide
instruction to students. Existing law provides for several
classifications of community college faculty, including full-time,
contract, and part-time faculty.
This bill would revise numerous statutes related to community
college faculty to change references from "full-time" and "part-time"
faculty to "regular" faculty, "contract" faculty, and "associate"
faculty. The bill would also make nonsubstantive changes in these
statutes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The terms "part-time faculty" and "temporary faculty" do not
adequately describe the qualifications, contributions, and importance
of the community college faculty to whom those terms have been
applied.
(2) "Associate faculty" is a more accurate and useful term with
which to refer to these educators, who are so integral to the
successful functioning of community colleges in this state.
(3) There are inconsistencies in the Education Code with regard to
the definitions of community college faculty, and the Legislature
seeks to standardize the terms "regular faculty," "contract faculty,"
and "associate faculty."
(b) It is the intent of the Legislature, in enacting this act, to
act consistently with, and in no way to compromise or limit, the
holding of the Court of Appeals in the case of Cervisi v.
Unemployment Insurance Appeals Board (1989), 208 Cal.App.3d 635.
SEC. 2. Section 87102 of the Education Code is amended to read:
87102. (a) As a condition for the receipt of funds pursuant to
Section 87107, the governing board of community college district that
opts to participate under the article shall periodically submit to
the board of governors an affirmation of compliance with this
article. Each participating district's equal employment opportunity
program shall ensure participation in, and commitment to, the program
by district personnel. Each participating district's equal
employment opportunity plan shall include steps that the district
will take in eliminating improper discrimination or preferences in
its hiring and employment practices. Each plan shall address how the
district will make progress in achieving the ratio of
full-time to part-time regular and contract faculty to
associate faculty hiring, as indicated in Section 87482.6,
while still ensuring equal employment opportunity.
(b) Each participating district's equal employment opportunity
plan is a public record within the meaning of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).
SEC. 3. Section 87151 of the Education Code is amended to read:
87151. The Board of Governors of the California Community
Colleges shall annually allocate funds appropriated for the purposes
of this article to each community college district whose chief
executive officer has submitted to the chancellor an affidavit
which that includes:
(a) A statement that each campus within the community college
district has an advisory committee, composed of
administrators, regular, contract, and associate faculty,
and staff representatives, which has assisted in the assessment of
the faculty and staff development needs and in the design of the plan
to meet those needs.
(b) A campus human development resources plan has been completed
for the current and subsequent fiscal years.
(c) A report of the actual expenditures for regular,
contract, and associate faculty and staff development for the
preceding year.
SEC. 4. Section 87415 of the Education Code is amended to read:
87415. The following general provisions shall apply
regardless of irrespective of the date of
employment:
The
(a) The order once determined by
lot shall be permanent, and shall be entered on the permanent records
of the community college district.
Records
(b) Records showing date of
employment, whether kept by the community college district
or by the county, shall be accessible, on demand, to any academic
employee of the district or to his or her designated representative.
In
(c) In the absence of records as
to any of the matters referred to in the two preceding sections, the
board governing board of the community
college district , in accordance with evidence presented, shall
determine the order of employment after giving employees a
reasonable opportunity to present such this
evidence.
The
(d) The governing board of every
community college district shall establish the order of employment of
all contract or regular regular, contract,
and associate employees of the district in the manner
prescribed by Sections 87400 to 87424, inclusive, and shall keep a
roster of same the order of employment
as a public record.
Whether
(e) Whether or not a roster is
kept in other community college districts, the order of
employment in all community college districts, when
required, shall be determined as prescribed by Sections 87400 to
87424, inclusive.
The board
(f) The governing board of a
community college district shall have power , and
it shall be its duty , to correct any errors discovered
from time to time in its records showing the order of employment.
SEC. 5. Section 87424 of the Education Code is amended to read:
87424. (a) If the a
regular, contract, or associate employee from the
a community college district within the state
who serves as an exchange instructor without
outside of the state and the governing board regularly
employing him or her so agree, the district may pay his or her
regular salary, making all deductions provided by law for retirement
purposes, during the period of the exchange teaching. In
such case, the this situation, the community college
district shall not pay the salary of the exchange employee from
without outside of the state, serving
the district in exchange for its regular instructor.
(b) In the event an
(b) If a regular, contract, or
associate employee from a community college district
within this state serving as an exchange instructor without
outside of the state and
, to whom the governing board of such
that district is paying the regular salary of
such that instructor as herein provided, is
compelled to absent himself or herself from his or her duties because
of injury, illness, or quarantine, the governing board of the
community college district within this state may pay the
substitute employed to take the place of such
that instructor and shall deduct the amount so paid
paid to the substitute from the compensation of
the employee.
SEC. 6. Section 87482.4 of the Education Code is repealed.
87482.4. (a) The Legislature finds and declares that, in the
state's community college system, teaching constitutes a greater
share of the faculty workload, as compared to the California State
University or the University of California systems. California's
community college system requires that a faculty member hold, as a
basic qualification, a master's degree. Furthermore, the community
college system uses a different professional review process, as
compared to the California State University or the University of
California systems.
(b) The California Postsecondary Education Commission shall
conduct a comprehensive study of the California Community College
system's associate faculty employment, salary, and compensation
patterns as they relate to full-time community college faculty with
similar education credentials and work experience. The study shall
include a representative sample of urban, rural, and suburban
community colleges in California, and shall also refer to similarly
situated community colleges in other states.
(c) The study specified in subdivision (b) shall include, but not
necessarily be limited to, the addressing of policy options available
to achieve pay equity between community college associate faculty
and full-time faculty, and shall also include both of the following:
(1) A quantitative analysis examining duties and tasks of
associate faculty as compared to full-time faculty. The duties and
tasks examined shall include classroom teaching, preparation, office
hours, recordkeeping, student evaluations, recommendations, and other
professional practices that compare the similarities and differences
between an associate and a full-time faculty position. This
quantitative analysis shall also include both of the following:
(A) An examination of whether associate faculty salaries vary
significantly among community colleges and the factors that are
associated with any salary differential.
(B) Data concerning the salary compensation pattern for associate
community college faculty in California and in similarly situated
community colleges in other states, and the disparity between
part-time and full-time compensation for the equivalent education and
experience.
(2) An identification of specific policy and fiscal
recommendations that would enable the California Community Colleges
to achieve a compensation schedule that achieves pay equity for
associate faculty.
(d) The California Postsecondary Education Commission shall, in
conducting the study required by this section, consult various
representatives of the education community, including the Board of
Governors of the California Community Colleges, community college
faculty groups, and other interested parties.
(e) Notwithstanding Section 7550.5 of the Government Code, the
California Postsecondary Education Commission shall release the
preliminary findings of the study required by this section to the
Legislature and the Governor, on or before March 31, 2000, and shall
transmit the study to the Legislature and the Governor on or before
July 1, 2000.
(f) It is the intent of the Legislature that funding for
conducting the study required by this section shall be made available
through an appropriation, either in future legislation or in the
annual Budget Act, in an amount of up to one hundred fifty thousand
dollars ($150,000).
SEC. 7. Section 87482.5 of the Education Code is amended to read:
87482.5. (a) Notwithstanding any other law, a person who is
employed to teach adult or community college classes for not more
than 67 percent of the hours per week considered a full-time
assignment for regular employees having comparable duties shall be
classified as a temporary an associate
employee, and shall not become a contract employee under Section
87604. If the provisions of this section are in conflict with the
terms of a collective bargaining agreement in effect on or before
January 1, 2009, the provisions of this section shall govern the
employees subject to that agreement upon the expiration of the
agreement.
(b) Service as a substitute on a day-to-day basis by persons
employed under this section shall not be used for purposes of
calculating eligibility for contract or regular status.
(c) (1) Service in professional ancillary activities by persons
employed under this section, including, but not necessarily limited
to, governance, staff development, grant writing, and advising
student organizations, shall not be used for purposes of calculating
eligibility for contract or regular status unless otherwise provided
for in a collective bargaining agreement applicable to a person
employed under this section.
(2) This subdivision may not be construed to affect the
requirements of subdivision (d) of Section 84362.
SEC. 8. Section 87482.6 of the Education Code is amended to read:
87482.6. (a) Until the provisions of Section 84750
84750.5 regarding program-based funding are
implemented by a standard adopted by the board of governors that
establishes the appropriate percentage of hours of credit instruction
that should be taught by full-time regular
or contract instructors, the Legislature wishes to recognize
and make efforts to address longstanding policy of the board of
governors that at least 75 percent of the hours of credit instruction
in the California Community Colleges, as a system, should be taught
by full-time regular or contract
instructors. To this end, community college districts which
that have less than 75 percent of their hours of
credit instruction taught by full-time
regular or contract instructors shall apply a portion of the
program improvement allocation received pursuant to Section 84755 as
follows:
(1) Districts which, Community college
districts that, in the prior fiscal year, had between 67
percent and 75 percent of their hours of credit instruction taught by
full-time regular or contract
instructors shall apply up to 33 percent of their program improvement
allocation as necessary to reach the 75 percent standard. If a
district in this category chooses instead not to improve its
percentage, the board of governors shall withhold 33 percent of the
district's program improvement allocation.
(2) Districts which, Community
college districts that, in the prior fiscal year, had less than
67 percent of their hours of credit instruction taught by
full-time regular or contract instructors shall
apply up to 40 percent of their program improvement allocation as
necessary to reach the 75 percent standard. If a district in this
category chooses instead not to improve its percentage, the board of
governors shall withhold 40 percent of the district's program
improvement allocation.
Districts which
(3) Community college districts that
maintain 75 percent or more of their hours of credit
instruction taught by full-time regular or
contract instructors shall otherwise be free to use their
program improvement allocation for any of the purposes specified in
Section 84755.
(b) The board of governors shall adopt regulations for the
effective administration of this section. Unless and until amended by
the board of governors, the regulations shall provide as follows:
(1) In computing the percentage of hours of credit instruction
taught by full-time regular or contract
instructors, the hours of overload teaching by full-time
regular or contract instructors shall be
excluded from both the total hours of credit instruction taught by
full-time and part-time regular, contract, or
associate instructors and the total hours of instruction
taught by full-time regular and contract
instructors.
(2) A full-time instructor shall be defined as any regular and
contract faculty member teaching credit instruction.
(3)
(2 ) (A)
The chancellor shall compute and report to each community college
district the number of full-time faculty (FTF) which are
regular and contract faculty to be secured
through the use of the prescribed portion of program improvement
revenue allocated to each district. This computation shall be made by
dividing the applicable portion of program improvement revenue (0
percent, 33 percent, or 40 percent of the program improvement
allocation), by the statewide average "replacement cost" (a figure
which represents the statewide average faculty salary plus benefits,
minus the statewide average hourly rate of compensation for
part-time associate instructors times the
statewide average full-time teaching load). If the quotient is not a
whole number, then the quotient shall be rounded down to the nearest
whole number. If this quotient, once applied, will result in the
district exceeding the 75 percent standard, the chancellor shall
further reduce the quotient to a whole number that will leave the
district as close as possible to, but in excess of, the 75 percent
standard.
By March 15th
(B) By March 15 of each year, the
chancellor shall report to each community college
district an estimate of the number of FTF
regular and contract faculty to be secured based upon the
appropriation of revenues contained in the annual Budget Bill.
(4)
(3) On or before December 31, 1991, the chancellor
shall determine the extent to which each community college
district, by September 30, 1991, has hired the number of
FTF regular and contract faculty
determined pursuant to paragraph (3) for the 1989-90 and 1990-91
fiscal years. To the extent that the cumulative number of
FTF regular and contract faculty have not been
retained, the chancellor shall reduce the community college
district's base budget for 1991-92 and subsequent fiscal years by an
amount equivalent to the average replacement cost times the
deficiency in the number of FTF regular and
contract faculty .
SEC. 9. Section 87482.8 of the Education Code is amended to read:
87482.8. Whenever possible:
(a) Part-time Associate faculty
should be informed of assignments at least six weeks in advance.
(b) Part-time Associate faculty
should be paid for the first week of an assignment when class is
cancelled less than two weeks before the beginning of a semester. If
a class meets more than once per week, part-time
associate faculty should be paid for all classes that were
scheduled for that week.
(c) The names of part-time associate
faculty should be listed in the schedule of classes rather than just
described as "staff."
(d) Part-time Associate faculty
should be considered to be an integral part of their departments and
given all the rights normally afforded to full-time faculty in the
areas of book selection, participation in department activities, and
the use of college resources, including, but not necessarily limited
to, telephones, copy machines, supplies, office space, mail boxes,
clerical staff, library, and professional development.
SEC. 10. Section 87482.9 of the Education Code is amended to read:
87482.9. This section applies only to temporary and
part-time associate faculty within the meaning
of Section 87482.5. The issue of earning and retaining of annual
reappointment rights shall be a mandatory subject of negotiation with
respect to the collective bargaining process relating to any new or
successor contract between community college districts and
temporary or part-time associate faculty
occurring on or after January 1, 2002.
SEC. 11. Section 87601 of the Education Code is amended to read:
87601. For the purposes of this article:
(a) "Academic year" means that period between the first day of a
fall semester or quarter and the last day of the following spring
semester or quarter, excluding any intersession term that has been
excluded pursuant to an applicable collective bargaining agreement.
(b) "Associate employee" means an employee of a district who is
employed in accordance with Section 87604.
(b)
(c) "Contract employee" means an employee of a district
who is employed on the basis of a contract in accordance with
Section 87605, subdivision (b) of Section 87608, or subdivision (b)
of Section 87608.5.
(c)
(d) "District" means a community college district.
(d)
(e) "Positions requiring certification qualifications"
are those positions which provide the services for which
certifications have been established in this code.
(e)
(f) "Regular employee" means an employee of a district
who is employed in accordance with subdivision (c) of Section 87608,
subdivision (c) of Section 87608.5, or Section 87609.
SEC. 12. Section 87604 of the Education Code is amended to read:
87604. The governing board of a community college district shall
employ each academic employee as a contract employee, regular
employee, or temporary associate
employee.
SEC. 13. The heading of Article 9 (commencing with Section 87860)
of Chapter 3 of Part 51 of Division 7 of Title 3 of the Education
Code is amended to read:
Article 9. Part-Time Community College
Associate Faculty Health Insurance Program
SEC. 14. Section 87860 of the Education Code is amended to read:
87860. It is the intent of the Legislature that
part-time community college associate
faculty and their eligible dependents have continuous access to
health insurance benefits.
SEC. 15. Section 87861 of the Education Code is amended to read:
87861. For the purposes of this article:
(a) "Health insurance benefits" include medical benefits but do
not include vision or dental benefits.
(b) "Part-time
(a) "Associate faculty" refers to
any faculty member whose teaching assignment equals or exceeds 40
percent of the cumulative equivalent of a minimum full-time teaching
assignment.
(b) "Health insurance benefits" include medical benefits, but do
not include vision or dental benefits.
(c) The changes made to subdivision (b) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
those changes in the annual Budget Act or in another measure. If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund those
changes for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.
SEC. 16. Section 87862 of the Education Code is amended to read:
87862. The governing board of a community college district may
provide a program of health insurance for part-time
associa te faculty and their
dependents.
SEC. 17. Section 87863 of the Education Code is amended to read:
87863. (a) A part-time An associate
faculty member and his or her eligible dependents are eligible to
participate in the program established pursuant to this article.
(b) The changes made to subdivision (a) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
those changes in the annual Budget Act or in another measure. If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund those
changes for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.
(c) Any changes made pursuant to this section to the
Part-time Community College Associate Faculty
Health Insurance Program shall not affect any part-time
associate health insurance program in effect on
January 1, 2000.
SEC. 18. Section 87864 of the Education Code is amended to read:
87864. No part-time associate
faculty member or dependents whose premiums for health insurance are
paid by an employer other than a community college district is
eligible to participate in the program established pursuant to this
article.
SEC. 19. Section 87867 of the Education Code is amended to read:
87867. By June 15 of each year, the Chancellor of the California
Community Colleges shall apportion to each community college district
that establishes a program pursuant to this article an amount that
equals up to one-half of the total cost of the individual enrollment
premiums required to be paid for the health insurance coverage of
participating part-time associate
faculty and their dependents in the district. The chancellor shall
distribute funds that have been appropriated specifically for this
purpose proportionally based on each community
college district's total costs for premiums for those
community college districts that submit verification of the
costs of premiums for eligible employees for a fiscal year, but in no
event shall the allocation to any community college
district exceed one-half of the cost of the verified premiums. If
funds appropriated for this purpose exceed one-half of the verified
cost of premiums for all participating community college
districts statewide, the balance that exceeds that amount shall
revert to the General Fund annually.
SEC. 20. The heading of Article 10 (commencing with Section 87880)
of Chapter 3 of Part 51 of Division 7 of Title 3 of the Education
Code is amended to read:
Article 10. Community College Part-Time
Associate Faculty Office Hours Program
SEC. 21. Section 87880 of the Education Code is amended to read:
87880. The Legislature finds and declares that community college
part-time associate faculty are
required to fulfill the same teaching responsibilities as
full-time regular and contract faculty although
students have little or no access to part-time
associate faculty members outside of the classroom. It is the
intent of the Legislature that students have the same opportunity for
academic assistance and guidance without regard to whether a course
at a community college is taught by a full-time or a
part-time regular, contract, or associate
faculty member. It is the further intent of the Legislature that
community college part-time associate
faculty teaching a minimum number of courses be compensated for
providing academic counseling and assistance to students outside of
the classroom.
SEC. 22. Section 87881 of the Education Code is amended to read:
87881. There is hereby established the Community College
Part-Time Associate Faculty Office Hours
Program for the purpose of providing community college students equal
access to academic advice and assistance and to encourage community
college districts to provide opportunities by compensating
part-time associate faculty who hold office
hours related to their teaching load.
SEC. 23. Section 87882 of the Education Code is amended to read:
87882. For purposes of this article, "part-time
"associate faculty" means any person who is
employed to teach for not more than the hours per week described in
Section 87482.5.
SEC. 24. Section 87883 of the Education Code is amended to read:
87883. (a) The governing board of a community college district
may provide compensation for office hours to part-time
associate faculty.
(b) The compensation paid to part-time
associate faculty under this article shall equal at least one
paid office hour for every two classes or more taught each week or 40
percent of a full-time load as defined by the community college
district.
(c) Nothing in this section precludes compensation under this
program for paid office time for each 20 percent of a full-time load,
or fraction thereof, as defined by the community
college district.
(d) The change made to subdivision (c) during the 1999 portion of
the 1999-2000 Regular Session of the Legislature shall be operative
in any fiscal year only if funds are appropriated for purposes of
that change in the annual Budget Act or in another measure. If the
amount appropriated in the annual Budget Act or in another measure
for purposes of this section is insufficient to fully fund that
change for the fiscal year, the chancellor shall prorate the funds
among the community college districts affected by this section.
SEC. 25. Section 87884 of the Education Code is amended to read:
87884. (a) The governing board of each community college district
that establishes a program pursuant to this article shall negotiate
with the exclusive bargaining representative, or in instances where
there is no bargaining unit shall meet and confer with the faculty,
to establish a program to provide part-time
associate faculty office hours.
(b) Any hours negotiated under this program shall not be applied
toward the maximum percentage-of-hours limitation for
part-time associate faculty as specified in
Section 87882. These hours shall not be counted towards the hours per
week of teaching adult or community college classes for purposes of
acquiring eligibility for tenure or for purposes of fulfilling any
probationary hour requirements.
(c) On or before June 1 of each year, each community college
district participating in the program shall send a verification to
the Chancellor of the California Community Colleges specifying the
total costs of the compensation paid for office hours of
part-time associate faculty participating in the
program.
(d) Any changes made by this section to the Community College
Part-Time Associate Faculty Office
Hours Program shall not affect any part-time
associate faculty office hours program in effect on January 1,
2000.
SEC. 26. Section 87885 of the Education Code is amended to read:
87885. (a) The Part-Time Associate
Faculty Office Hours Program Fund is hereby established in the State
Treasury as a continuation of the Part-Time Faculty Office Hours
Program Fund established by this section .
(b) On or before June 15 of each year, the Chancellor of the
California Community Colleges shall apportion to each community
college district that establishes a program pursuant to this article
an amount of up to 50 percent of the total costs of compensation paid
for office hours of part-time associate
faculty, as defined in Section 87882. The chancellor shall
distribute funds that are appropriated in the annual Budget Act
specifically for this purpose proportionally based on each
community college district's total costs for office hours of
part-time associate faculty pursuant to
the verification submitted by the community college district in
accordance with subdivision (c) of Section 87884 for that fiscal
year. In no event, however, shall the allocation to any district in a
fiscal year exceed 50 percent of the total costs of the compensation
paid for office hours of part-time associate
faculty pursuant to this article.
(c) It is the intent of the Legislature that funding for the
purposes of this article be included in the annual Budget Act.