AB 1010, as introduced, Medina. Community colleges: part-time, temporary employees.
(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state.
Existing law requires that a person employed to teach adult or community college classes for not more than 67% of the hours per week of a full-time employee having comparable duties, excluding substitute service, be classified as a temporary employee and not become a contract employee.
This bill would urge community college districts without a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2016, to commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by the bill on or after January 1, 2016. The bill would require community college districts with a collective bargaining agreement in effect as of January 1, 2016, to comply with the provisions of the bill as part of any successor negotiations. The bill would specify minimum standards for the treatment of part-time, temporary faculty to be met by community college collective bargaining agreements negotiated on or after January 1, 2016. These standards would relate to, among other issues, evaluation procedures, workload distribution, and seniority rights.
To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.
(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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 87482.5 of the Education Code is
2amended to read:
(a) Notwithstanding any other law, a person who is
4employed to teach adult or community college classes for not more
5than 67 percent of the hours per week considered a full-time
6assignment for regular employees having comparable duties shall
7be classified as a temporary employee, and shall not become a
8contract employee under Section 87604. If the provisions of this
9section are in conflict with the terms of a collective bargaining
10agreement in effect on or before January 1, 2009, the provisions
11of this section shall govern the employees subject to that agreement
12upon the expiration of the agreement.
13(b) Service as a substitute on a day-to-day basis by persons
14employed under this section shall not be used for purposes of
15
calculating eligibility for contract or regular status.
16(c) (1) Service in professional ancillary activities by persons
17employed under this section, including, but not necessarily limited
18to, governance, staff development, grant writing, and advising
19student organizations, shall not be used for purposes of calculating
20eligibility for contract or regular status unless otherwise provided
P3 1for in a collective bargaining agreement applicable to a person
2employed under this section.
3(2) This subdivisionbegin delete mayend deletebegin insert shallend insert not be construed to affect the
4requirements of subdivision (d) of Section 84362.
5(d) (1) The Legislature urges community college districts that
6do not have a collective bargaining agreement with part-time,
7temporary faculty in effect as of January 1, 2016, to commence
8negotiations with the exclusive representatives for part-time,
9temporary faculty regarding the terms and conditions required by
10subdivision (e) on or after January 1, 2016. The Legislature
11encourages the parties to these negotiations to agree to additional
12negotiated rights for part-time, temporary faculty.
13(2) It is the intent of the Legislature:
end insertbegin insert
14(A) That adoption of provisions in compliance with subdivision
15(e) shall be included as part of the usual and customary
16negotiations between the community college district and the
17exclusive representative for part-time, temporary faculty.
18(B) That a community college district meet the minimum
19standards established by this section through the negotiation
20process between the community college district and the exclusive
21representative for part-time, temporary faculty.
22(e) A community college district that enters into a collective
23bargaining agreement on or after January 1, 2016, shall comply
24with all of the following:
25(1) Upon initial hire, a part-time,
temporary faculty member
26shall be evaluated by a committee that shall include, but not
27necessarily be limited to, a contract or regular faculty peer
28evaluator who has expertise in the subject matter of the part-time,
29temporary faculty member’s assignment. The evaluation committee
30may additionally include other evaluators, such as a department
31chair, dean, or a second peer. The terms and conditions of the
32evaluation process and procedures shall be locally negotiated
33between the community college district and the exclusive
34representative for part-time, temporary faculty. Subsequent to his
35or her initial hire, each part-time, temporary faculty member shall
36be evaluated at least once every six semesters or nine quarters of
37service, exclusive of summer and intersession terms.
38(2) After six semesters or nine quarters of service, exclusive of
39summer and intersession terms, each part-time, temporary faculty
40member who has not received a
less-than-satisfactory evaluation
P4 1during the preceding six semesters or nine quarters of service shall
2be placed on a seniority list for each assignment at each college
3where he or she holds a current assignment during the seventh
4semester or 10th quarter of service, irrespective of how many times
5he or she has completed each unique assignment. The seniority
6for all assignments shall be determined based on the first date of
7hire at the applicable college. Seniority lists shall be by campus
8unless otherwise locally negotiated between the community college
9district and the exclusive representative for part-time, temporary
10faculty.
11(3) For semester seven or quarter 10 and beyond, each
12community college district shall endeavor to maintain the workload
13equivalent that the part-time, temporary faculty member was
14assigned during semester six or quarter nine, subject to both of
15the following:
16(A) As new assignments become available due to growth or
17attrition, these assignments shall be offered in seniority order to
18those part-time, temporary faculty members who have: (i) qualified
19to be placed on the seniority list pursuant to paragraph (2), and
20(ii) previously successfully completed that same assignment. These
21assignments may be made up to a maximum annualized load,
22exclusive of summer and intersession terms, in the range of 60 to
2367 percent of a full-time equivalent load.
24(B) In cases where a reduction in assignment needs to occur
25due to program needs, budget constraints, or more contract faculty
26hires, the reduction shall occur first from among those part-time,
27temporary faculty members who have not yet qualified to be placed
28on the seniority list, and thereafter in reverse seniority order, with
29the least senior part-time, temporary faculty member reduced first.
30Any
rights to a certain workload equivalent shall be maintained
31for a period of 18 months. In cases of class cancellation due to
32low enrollment, faculty members shall displace faculty members
33who are lower than they are on the seniority list, provided that the
34class cancellation occurs prior to the first class meeting day.
35(4) If a part-time, temporary faculty member rejects any offered
36assignment, he or she shall have his or her workload equivalent
37reduced accordingly. If he or she rejects all offered assignments,
38he or she shall lose all seniority rights.
P5 1(5) Additional leave or break-in-service provisions may be
2locally negotiated between the community college district and the
3exclusive representative for part-time, temporary faculty.
4(6) In cases where a part-time, temporary faculty member,
5subsequent to qualifying
to be placed on the seniority list, receives
6a less-than-satisfactory evaluation, as that term is defined in the
7collective bargaining agreement between the community college
8district and the exclusive representative for part-time, temporary
9faculty, the faculty member shall be provided a written plan of
10remediation with concrete suggestions for improvement. The faculty
11member shall be evaluated again the following semester. If the
12outcome of this subsequent evaluation is also less than satisfactory,
13the faculty member shall lose all seniority rights, and may be
14dismissed at the discretion of the district. Appeal and grievance
15rights and procedures, if any, shall be subject to local collective
16bargaining.
17(7) In all cases, part-time faculty assignments are temporary
18in nature, contingent on enrollment and funding, and subject to
19program changes, and no part-time faculty member has a
20reasonable assurance of continued employment at any point,
21
irrespective of the status, length of service, or reemployment
22preference seniority of that part-time, temporary faculty member.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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