BILL NUMBER: AB 2705 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Williams
( Coauthor: Assembly Member
Bonilla )
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 amended, 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 "part-time" faculty to
"associate" "contingent" 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" "Contingent
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 "full-time faculty" and
"associate "contingent 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 a 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 associate contingent
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 that
includes:
(a) A statement that each campus within the community college
district has an advisory committee, composed of administrators,
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 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 irrespective
of the date of employment:
(a) The order once determined by lot shall be permanent, and shall
be entered on the permanent records of the community college
district.
(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.
(c) In the absence of records as to any of the matters referred to
in the two preceding sections, the 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 this evidence.
(d) The governing board of every community college district shall
establish the order of employment of all employees of the district in
the manner prescribed by Sections 87400 to 87424, inclusive, and
shall keep a roster of the order of employment as a public record.
(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.
(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 employee from a community college district
within the state who serves as an exchange instructor 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 this situation, the community college
district shall not pay the salary of the exchange employee from
outside of the state, serving the district in exchange for its
regular instructor.
(b) If an employee from a community college district within this
state serving as an exchange instructor outside of the state, to whom
the governing board of that district is paying the regular salary of
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 that instructor and shall deduct the amount paid to the substitute
from the compensation of the employee.
SEC. 6. Section 87482.4 of the Education Code is repealed.
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 an associate a contingent
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 84750.5 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
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
instructors. To this end, community college districts that have less
than 75 percent of their hours of credit instruction taught by
full-time instructors shall apply a portion of the program
improvement allocation received pursuant to Section 84755 as follows:
(1) 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 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) Community college districts that, in the prior fiscal year,
had less than 67 percent of their hours of credit instruction taught
by full-time 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.
(3) Community college districts that maintain 75 percent or more
of their hours of credit instruction taught by full-time 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 instructors, the hours of overload teaching by
full-time instructors shall be excluded from both the total hours of
credit instruction taught by full-time or associate
contingent instructors and the total hours of
instruction taught by full-time instructors.
(2) (A) The chancellor shall compute and report to each community
college district the number of full-time 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
associate contingent 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.
(B) By March 15 of each year, the chancellor shall report to each
community college district an estimate of the number of full-time
faculty to be secured based upon the appropriation of revenues
contained in the annual Budget Bill.
(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 full-time faculty determined
pursuant to paragraph (3) for the 1989-90 and 1990-91 fiscal years.
To the extent that the cumulative number of full-time 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 full-time faculty.
SEC. 9. Section 87482.8 of the Education Code is amended to read:
87482.8. Whenever possible:
(a) Associate Contingent faculty
should be informed of assignments at least six weeks in advance.
(b) Associate Contingent 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, associate
contingent faculty should be paid for all classes that
were scheduled for that week.
(c) The names of associate contingent
faculty should be listed in the schedule of classes rather than
just described as "staff."
(d) Associate Contingent
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 associate
contingent 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 associate
contingent 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" "Contingent
employee" means an employee of a district who is employed in
accordance with Section 87604.
(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.
(d) "District" means a community college district.
(e) "Positions requiring certification qualifications" are those
positions which provide the services for which certifications have
been established in this code.
(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 associate contingent
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. Community College Associate
Contingent 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 community college
associate contingent 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) "Associate faculty" "Contingent
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 associate
contingent faculty and their dependents.
SEC. 17. Section 87863 of the Education Code is amended to read:
87863. (a) An associate A contingent
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 Community
College Associate Contingent Faculty
Health Insurance Program shall not affect any associate
contingent health insurance program in effect on
January 1, 2000.
SEC. 18. Section 87864 of the Education Code is amended to read:
87864. No associate contingent
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 associate contingent
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 Associate
Contingent 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
associate contingent faculty are
required to fulfill the same teaching responsibilities as full-time
faculty although students have little or no access to
associate contingent 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 associate contingent
faculty member. It is the further intent of the Legislature that
community college associate contingent
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
Associate Contingent 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
associate contingent 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, "associate faculty"
"contingent 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 associate
contingent faculty.
(b) The compensation paid to associate
contingent 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 associate
contingent faculty office hours.
(b) Any hours negotiated under this program shall not be applied
toward the maximum percentage-of-hours limitation for
associate contingent faculty as specified in
Section 87882. These hours shall not be counted towards
toward 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
associate contingent faculty participating in
the program.
(d) Any changes made by this section to the Community College
Associate Contingent Faculty Office
Hours Program shall not affect any associate
contingent 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 Associate Contingent
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 associate contingent
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 associate
contingent 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 associate contingent 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.