BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 21, 2015


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 626  
          (Low) - As Amended April 13, 2015


          SUBJECT:  Community colleges:  employees


          SUMMARY:  Repeals the requirement of existing law to expend a  
          portion of the program improvement allocation to increase the  
          ratio of full-time (F/T) to part-time (P/T) faculty and, with  
          respect to California Community College (CCC) districts (CCD)  
          that have not reached the 75% standard, would require similar  
          expenditures of Student Success and Support Program (SSSP) funds  
          to increase the ratio, and to support P/T faculty.   
          Specifically, this bill:  


          1)Finds and declares the following intent of the Legislature:


             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 F/T faculty go beyond classroom  
               instruction to include, among other full-service  








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               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 F/T  
               faculty in the system was only 56.14%;


             d)   The Legislature acknowledged the commitment of the CCC  
               Board of Governors (BOG), 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 F/T faculty and increasing  
               support for P/T 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% goal; 


             f)   Students enrolled in noncredit education are most often  
               deprived of the benefit of working with F/T faculty, as  
               statewide goals relating to the ratio of F/T to P/T faculty  
               have yet to be developed with respect to noncredit courses;  
               and,


             g)   The CCC BOG work together with the Academic Senate for  
               the CCC and other relevant entities to develop goals for  
               the F/T to P/T faculty ratio in noncredit education.








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          2)Reiterates the long standing intent of the Legislature to  
            improve the equity and predictability of community college  
            funding in order to enhance the ability of both the F/T and  
            P/T faculty of the CCC to provide high-quality instructional  
            services.


          3)Specifies that until the provisions of existing law regarding  
            program-based funding are implemented by a standard adopted by  
            the BOG, CCDs that have less than 75% of their hours of credit  
            instruction taught by F/T instructors shall be subject to both  
            of the following:





             a)   In a fiscal year when funds are specifically  
               appropriated for purposes of the SSSP, as specified, and in  
               which funds have not been specifically designated to  
               increase the ratio of F/T faculty to P/T faculty, and to  
               support P/T faculty in programs, one-half of the amount of  
               the district match requirement, as specified, shall be  
               allocated in the following manner:  i) districts that, in  
               the prior fiscal year, had between 67% and 75% of their  
               hours of credit instruction taught by F/T instructors shall  
               apply up to 33% of this allocation as necessary to reach  
               the 75% standard.  Districts that, in the prior fiscal  
               year, had less than 67% of their hours of credit  
               instruction taught by F/T instructors shall apply up to 40%  
               of this allocation as necessary to reach the 75% standard;  
               and, ii) the funds remaining after allocations are made, as  
               specified, 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 F/T faculty and expenditures in  
               support of functions performed by P/T faculty, with the  








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               allocations for P/T faculty support used, to the extent  
               feasible, for the funding of the participation of P/T  
               faculty in areas that contribute to student success, which  
               may include office hours, as determined locally; and,

             b)   In a fiscal year when funds are specifically  
               appropriated for purposes of the SSSP, as specified, and in  
               which funds have not been specifically designated to  
               increase the ratio of F/T faculty to P/T faculty, and to  
               support P/T faculty in programs, but in which there is no  
               district matching requirement, one-half of the SSSP funds  
               received by the district shall be allocated, as specified.



          4)Once a district has achieved the goal of at least 75% of  
            credit instruction hours being taught by F/T faculty, with P/T  
            faculty being fully supported for those activities that  
            contribute to student success as determined locally, the  
            district may use the funds, as specified, for other purposes  
            that are consistent with the SSSP.

          5)Specifies that the BOG 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:



             a)   Specifies CCC Chancellor shall compute and report to  
               each CCD the number of F/T faculty which are to be secured  
               through the use of the prescribed portion of the SSSP  
               revenue allocated to each district, or district matching  
               funds, as applicable.  This computation shall be made by  
               dividing revenue required to be expended, as specified;  
               and,

             b)   Specifies by March 15 of each year, the CCC Chancellor  
               shall report to each district an estimate of the number of  








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               F/T faculty to be secured based upon the appropriation of  
               revenues contained in the annual Budget Bill and the  
               district match requirement.



          6)Requires, should the Commission on State Mandates determine  
            this measure contains state mandated costs, that the  
            appropriate entities receive reimbursement.

          7)Makes technical and clarifying changes to existing law.



          EXISTING LAW:  


          1)Defines "faculty" as those employees of CCD who are employed  
            in academic positions that are not designated as supervisory  
            or management, as specified.  Faculty include, but are not  
            limited to, instructors, librarians, counselors, community  
            college health services professionals, handicapped student  
            programs and services professionals, and extended opportunity  
            programs and services professionals (Education Code Section  
            87003).
          2)Defines any person who is employed to teach for not more than  
            67% of the hours per week considered a full-time assignment to  
            be a temporary (P/T) employee (EC Sections 87482.5 and 87882).  
             


          3)Requires the CCC BOG to adopt regulations regarding the  
            percent of credit instruction taught by F/T faculty and  
            authorizes CCDs with less than 75% F/T instructors to apply a  
            portion of their "program improvement" funds toward reaching  
            the 75% goal (commonly referred as "75/25") (EC Section  
            87482.6).










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          The state has stopped providing program improvement funds and  
          the BOG has since required CCDs to provide a portion of their  
          growth funds to hiring more F/T faculty.


          FISCAL EFFECT:  Unknown


          COMMENTS:  Background.  The Education Code, in 1988, was amended  
          to read, "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."  As stated in the Legislative findings  
          of this measure, in 2014, the percent of credit courses taught  
          by F/T faculty was only 56.14%, indicating the system has not  
          come close to reaching the goal of 75%. 

          Part-time faculty have been expected to provide the same high  
          quality instruction as their F/T colleagues, but they often  
          times are not able to provide regular student office hours and  
          are not necessarily compensated for professional  
          responsibilities linked to student success.

          The Seymour-Campbell Student Success Act of 2012 specifies that  
          hiring of F/T faculty, including counselors, and providing for  
          P/T faculty support, are "essential educational priorities that  
          contribute to student success."

          Purpose of the measure.  According to the author, with F/T  
          faculty and P/T faculty support being "essential educational  
          priorities that contribute to student success," "logic follows  
          that if there are no other state directed monies for purposes of  
          improving the "75/25", full-time hiring or part-time support,  
          that SSSP funds should be used for these purposes."  The author  
          contends this measure follows current Education Code that  
          outlines a differentiated amount of spending for districts based  
          on their local "75/25" ratio.









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          AB 626 suggests that when a local match is required for  
          districts to secure their SSSP funds, then one-half of the match  
          would be used to advance on the "75/25" scale and support P/T  
          faculty. In years where there is no match, then one-half of the  
          state allocation of the SSSP funds would be used for the full-  
          and part-time faculty support.  Once a district reaches the 75%  
          goal and supports P/T faculty consistent with local needs, then  
          all new SSSP monies would be applied consistent with the Student  
          Success and Support Act. 

          Policy consideration.  Existing funding for the SSSP is targeted  
          to fully implement core services:  orientation; assessment;  
          counseling; advising; and other education planning services  
          needed to assist a student in making an informed decision about  
          his/her education goal and course of study and to develop an  
          education plan; and, follow up for at-risk students.   
          Additionally, SSSP funds may only be used for core services and  
          any CCD or college receiving SSSP funding must agree to  
          implement the CCC BOG's system of common assessment.

          This bill stipulates that in a fiscal year when funds are  
          specifically appropriated for purposes of the SSSP, and in which  
          funds have not been specifically designated to increase the  
          ratio of F/T faculty to P/T faculty, and to support P/T faculty  
          in programs, one-half of the amount of the district match  
          requirement shall be allocated, as specified, to increasing the  
          ratio of F/T faculty. It is presently unclear as to what core  
          services may not receive full funding if a CCD has to use  
          one-half of its SSSP match requirement for the sole purpose of  
          increasing the ratio of F/T faculty.  

          The author and Committee may wish to consider lowering the  
          amount of the CCD match requirement having to be allocated for  
          purposes of increasing the ratio of F/T faculty.  

          REGISTERED SUPPORT / OPPOSITION:











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          Support


          Academic Senate for California Community Colleges


          California Community College Independents


          California Federation of Teachers




          Opposition


          None on file.








          Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)  
          319-3960


















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