Amended in Assembly June 1, 2015

Amended in Assembly April 13, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 626

Introduced by Assembly Member Low

(Principal coauthor: Assembly Member Roger Hernández)

(Coauthor: Assembly Member Dababneh)

February 24, 2015

An act to amend Section 87482.6 of the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 626, as amended, Low. Community colleges: employees.

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(1) Existing

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begin insert Existing end insert law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law establishes community college districts, which provide instruction to students at campuses throughout the state.

Existing law provides that, until specified statutory provisions are implemented regarding program-based funding, community college districts that have less than 75% of their hours of credit instruction taught by full-time instructors shall apply a portion of their program improvement allocations toward reaching that 75% standard, as specified. Existing law requires the board of governors to adopt regulations for the effective administration of the law concerning the appropriate percentage of hours of credit instruction taught by full-time instructors. Existing law requires the Chancellor of the California Community Colleges to compute the number of full-time faculty required to be secured using program improvement allocations, as specified, to determine the extent to which each community college district has hired that number of full-time faculty, and, to the extent that the cumulative number of full-time faculty have not been retained, to reduce the district’s base budget for 1991-92 and subsequent fiscal years in accordance with a certain formula.

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This bill would repeal the requirement to expend a portion of the program improvement allocation to increase the ratio of full-time to part-time faculty and, with respect to community college districts that have not reached the 75% standard referenced above, would require similar expenditures of Student Success and Support Program funds to increase that ratio, and to support part-time faculty. The bill would specify purposes for which allocations of these funds could be made by community college districts that had not reached the 75% standard. To the extent that this provision would impose new duties on community college districts, it would constitute a state-mandated local program.

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The bill would express the intent of the Legislature that the board of governors work together with the Academic Senate for California Community Colleges and other relevant entities to develop goals for the full-time to part-time faculty ratio in noncredit education.

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(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.

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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.

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This bill would require the office of the Chancellor of the California Community Colleges to convene a group of stakeholders on or before July 1, 2016, and every 4 years thereafter, to develop recommendations on funding strategies to enable the community colleges to achieve the 75% standard and increase district participation in the support of part-time faculty. The bill would require the chancellor’s office to report these recommendations to the Legislature, as specified.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) In 1988, the Education Code was amended to read that “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.”

(b) The expectations for full-time faculty go beyond classroom
instruction to include, among other full-service activities, all of
the following: developing and evaluating academic programs;
holding office hours and participating in meetings after classes;
student advising; participation in institutional governance; and
accreditation-related responsibilities such as the assessment of
departmental and student learning outcomes, curriculum
development, and preparing institutional self-studies.

(c) In 2014, the percentage of credit courses taught by full-time
faculty in the system was only 56.14 percent.

(d) The Legislature acknowledged the commitment of the Board
of Governors of the California Community Colleges, through its
regular budget process, to evaluate resource needs and seek funding
for essential educational priorities that contribute to student
success. These priorities include, but are not necessarily limited
to, the hiring of more full-time faculty and increasing support for
part-time faculty.

(e) In the Seymour-Campbell Student Success Act of 2012, the
Legislature acknowledged the importance of counselors, who,
along with librarians, are considered to be faculty for purposes of
the 75-percent goal.

(f) Students enrolled in noncredit education are most often
deprived of the benefit of working with full-time faculty, as
statewide goals relating to the ratio of full-time to part-time faculty
have yet to be developed with respect to noncredit courses.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 87482.6 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

87482.6.  

(a) Until the provisions of Section begin delete 84750 end delete begin insert 84750.5 end insert
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
begin delete which end delete begin insert that end insert 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) Districts begin delete which, end delete begin insert that, end insert 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 begin delete their
program improvement end delete begin insert this end insert allocation as necessary to reach the begin delete 75
percent end delete begin insert 75-percent end insert standard. If a district in this category chooses
instead not to improve its percentage, the board of governors shall
withhold 33 percent of begin delete the district’s program improvement end delete begin insert this end insert
allocation.

(2) Districts begin delete which, end delete begin insert that, end insert 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 begin delete their program
improvement end delete begin insert this end insert allocation as necessary to reach the begin delete 75 percent end delete
begin insert 75-percent end insert standard. If a district in this category chooses instead
not to improve its percentage, the board of governors shall withhold
40 percent of begin delete the district’s program improvement end delete begin insert this end insert allocation.

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Districts which

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begin insert (3) end insert begin insert   end insert begin insert Districts that end insert 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 and part-time instructors
and the total hours of instruction taught by full-time instructors.

(2) A full-time instructor shall be defined as any regular and
contract faculty member teaching credit instruction.

(3)  begin insert (A) end insert begin insert   end insert The chancellor shall compute and report to each
community college district the number of full-time faculty (FTF)
which are 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 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 begin delete 75 percent end delete begin insert 75-percent end insert 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
begin delete 75 percent end delete begin insert 75-percent end insert standard.

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By

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begin insert (B) end insert begin insert   end insert begin insert By end insert March begin delete 15th end delete begin insert 15 end insert of each year, the chancellor shall report
to each district an estimate of the number of FTF to be secured
based upon the appropriation of revenues contained in the annual
Budget Bill.

(4) On or before December 31, 1991, the chancellor shall
determine the extent to which each district, by September 30, 1991,
has hired the number of FTF determined pursuant to paragraph
(3) for the 1989-90 and 1990-91 fiscal years. To the extent that
the cumulative number of FTF have not been retained, the
chancellor shall reduce the 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.

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(c) The office of the Chancellor of the California Community
Colleges shall convene a group of stakeholders, which shall include
faculty and students, on or before July 1, 2016, and every four
years thereafter, to develop recommendations on funding strategies
to enable the community colleges to achieve the 75-percent
standard and increase the participation of districts in the support
of part-time faculty, including, but not limited to, support of
part-time faculty office hours. The office of the chancellor shall
report the recommendations developed by the stakeholder group
to the Legislature, as provided in Section 9795 of the Government
Code, on or before March 1, 2017, and every four years thereafter.

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begin insert SEC. 3. end insert   

end insert begin insert

It is the intent of the Legislature that the office of the
Chancellor of the California Community Colleges work together
with the Academic Senate for California Community Colleges and
other relevant entities to develop goals for the full-time to part-time
faculty ratio in noncredit education.

end insert

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SEC. 2.  

Section 87482.6 of the Education Code is amended to
read:

87482.6.  

(a) It has long been the intent of the Legislature to
improve the equity and predictability of community college funding
in order to enhance the ability of both the full-time and part-time
faculty of the California Community Colleges to provide
high-quality instructional services.

(b) Notwithstanding any other law, 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 be subject
to both of the following:

(1) In a fiscal year when funds are specifically appropriated for
purposes of the Student Success and Support Program under Article
1 (commencing with Section 78210) of Chapter 2 of Part 48, and
in which funds have not been specifically designated to increase
the ratio of full-time faculty to part-time faculty, and to support
part-time faculty, in programs, which may include but are not
necessarily limited to, the Community College Part-Time Faculty
Office Hours Program established by Article 10 (commencing
with Section 87880), one-half of the amount of the district match
requirement under subdivision (b) of Section 78216 shall be
allocated in the following manner:

(A) 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 this allocation
as necessary to reach the 75 percent standard. 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 this allocation as necessary to reach the 75 percent
standard.

(B) The funds remaining after allocations are made pursuant to
subparagraph (A) shall, to the extent feasible, and in a manner
consistent with an applicable collective bargaining agreement, be
divided between expenditures in support of functions performed
by full-time faculty and expenditures in support of functions
performed by part-time faculty, with the allocations for part-time
faculty support used, to the extent feasible, for the funding of the
participation of part-time faculty in areas that contribute to student
success, which may include office hours, as determined locally.

(2) Notwithstanding paragraph (1), in a fiscal year when funds
are specifically appropriated for purposes of the Student Success
and Support Program under Article 1 (commencing with Section
78210) of Chapter 2 of Part 48, and in which funds have not been
specifically designated to increase the ratio of full-time faculty to
part-time faculty, and to support part-time faculty, in programs
which may include, but are not necessarily limited to, the
Community College Part-time Faculty Office Hours Program
established by Article 10 (commencing with Section 87880), but
in which, notwithstanding subdivision (b) of Section 78216, there
is no district matching requirement, one-half of the Student Success
and Support Program funds received by the district shall be
allocated as indicated in subparagraphs (A) and (B) of paragraph
(1).

(3) Once a district has achieved the goal of at least 75 percent
of credit instruction hours being taught by full-time faculty, with
part-time faculty being fully supported for those activities that
contribute to student success as determined locally, the district
may use the funds referenced in paragraphs (1) and (2) for other
purposes that are consistent with the Student Success and Support
Program.

(c) 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 and part-time instructors
and the total hours of instruction taught by full-time instructors.

(2) A full-time instructor shall be defined as any regular and
contract faculty member teaching credit instruction.

(3) The chancellor shall compute and report to each community
college district the number of full-time faculty (FTF) which are to
be secured through the use of the prescribed portion of the Student
Success and Support Program revenue allocated to each district,
or district matching funds, as applicable. This computation shall
be made by dividing the revenue required to be expended pursuant
to paragraph (1) or (2) of subdivision (b) 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 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.

(4) By March 15 of each year, the chancellor shall report to
each district an estimate of the number of FTF to be secured based
upon the appropriation of revenues contained in the annual Budget
Bill and the district match requirement.

(5) On or before December 31, 1991, the chancellor shall
determine the extent to which each district, by September 30, 1991,
has hired the number of FTF determined pursuant to paragraph
(3) for the 1989-90 and 1990-91 fiscal years. To the extent that
the cumulative number of FTF have not been retained, the
chancellor shall reduce the 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.

(d) It is the intent of the Legislature that the board of governors
work together with the Academic Senate for California Community
Colleges and other relevant entities to develop goals for the
full-time to part-time faculty ratio in noncredit education.

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.

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