AB 1010, as amended, 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 wouldbegin delete urgeend deletebegin insert
requireend insert community college districts without a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2016, tobegin insert, on or after January 1, 2016,end insert commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by thebegin delete 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.end deletebegin insert bill.end insert 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, 2016begin insert, that are not exempt, as specifiedend insert. 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
P3 1eligibility for contract or regular status unless otherwise provided
2for in a collective bargaining agreement applicable to a person
3employed under this section.
4(2) This subdivision shall not be construed to affect the
5requirements of subdivision (d) of Section 84362.
6(d) (1) The Legislature urges community college districts that
7do not have a collective
bargaining agreement with part-time,
8temporary faculty in effect as of January 1, 2016, to commence
9negotiations with the exclusive representatives for part-time,
10temporary faculty regarding the terms and conditions required by
11subdivision (e) on or after January 1, 2016. The Legislature
12encourages the parties to these negotiations to agree to additional
13negotiated rights for part-time, temporary faculty.
14(2) It is the intent of the Legislature:
15(A) That adoption of provisions in compliance with subdivision
16(e) shall be included as part of the usual and customary negotiations
17between the community college district and the exclusive
18representative for part-time, temporary faculty.
19(B) That a community college district meet the
minimum
20standards established by this section through the negotiation
21process between the community college district and the exclusive
22representative for part-time, temporary faculty.
23(e) A community college district that enters into a collective
24bargaining agreement on or after January 1, 2016, shall comply
25with all of the following:
26(1) Upon initial hire, a part-time, temporary faculty member
27shall be evaluated by a committee that shall include, but not
28necessarily be limited to, a contract or regular faculty peer evaluator
29who has expertise in the subject matter of the part-time, temporary
30faculty member’s assignment. The evaluation committee may
31additionally include other evaluators, such as a department chair,
32dean, or a second peer. The terms and conditions of the evaluation
33
process and procedures shall be locally negotiated between the
34community college district and the exclusive representative for
35part-time, temporary faculty. Subsequent to his or her initial hire,
36each part-time, temporary faculty member shall be evaluated at
37least once every six semesters or nine quarters of service, exclusive
38of summer and intersession terms.
39(2) After six semesters or nine quarters of service, exclusive of
40summer and intersession terms, each part-time, temporary faculty
P4 1member who has not received a less-than-satisfactory evaluation
2during the preceding six semesters or nine quarters of service shall
3be placed on a seniority list for each assignment at each college
4where he or she holds a current assignment during the seventh
5semester or 10th quarter of service, irrespective of how many times
6he or she has completed each
unique assignment. The seniority
7for all assignments shall be determined based on the first date of
8hire at the applicable college. Seniority lists shall be by campus
9unless otherwise locally negotiated between the community college
10district and the exclusive representative for part-time, temporary
11faculty.
12(3) For semester seven or quarter 10 and beyond, each
13community college district shall endeavor to maintain the workload
14equivalent that the part-time, temporary faculty member was
15assigned during semester six or quarter nine, subject to both of the
16following:
17(A) As new assignments become available due to growth or
18attrition, these assignments shall be offered in seniority order to
19those part-time, temporary faculty members who have: (i) qualified
20to be placed on the
seniority list pursuant to paragraph (2), and (ii)
21previously successfully completed that same assignment. These
22assignments may be made up to a maximum annualized load,
23exclusive of summer and intersession terms, in the range of 60 to
2467 percent of a full-time equivalent load.
25(B) In cases where a reduction in assignment needs to occur
26due to program needs, budget constraints, or more contract faculty
27hires, the reduction shall occur first from among those part-time,
28temporary faculty members who have not yet qualified to be placed
29on the seniority list, and thereafter in reverse seniority order, with
30the least senior part-time, temporary faculty member reduced first.
31Any rights to a certain workload equivalent shall be maintained
32for a period of 18 months. In cases of class cancellation due to low
33enrollment, faculty members shall displace
faculty members who
34are lower than they are on the seniority list, provided that the class
35cancellation occurs prior to the first class meeting day.
36(4) If a part-time, temporary faculty member rejects any offered
37assignment, he or she shall have his or her workload equivalent
38reduced accordingly. If he or she rejects all offered assignments,
39he 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
11faculty member shall be evaluated again the following semester.
12If the outcome of this subsequent evaluation is also less than
13satisfactory, the faculty member shall lose all seniority rights, and
14may be dismissed at the discretion of the district. Appeal and
15grievance rights and procedures, if any, shall be subject to local
16collective bargaining.
17(7) In all cases, part-time faculty assignments are temporary in
18nature, 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.
begin insertSection 87482.3 is added to the end insertbegin insertEducation Codeend insertbegin insert,
24to read:end insert
(a) (1) On or after January 1, 2016, community
26college districts that do not have a collective bargaining agreement
27with part-time, temporary faculty in effect as of January 1, 2016,
28shall commence negotiations with the exclusive representatives
29for part-time, temporary faculty regarding the terms and conditions
30required by subdivision (b). The parties shall negotiate these rights
31for part-time, temporary faculty.
32(2) It is the intent of the Legislature:
33(A) That adoption of provisions in compliance with subdivision
34(b) shall be included as part of the usual and customary
35negotiations between the community college district and the
36exclusive representative
for part-time, temporary faculty.
37(B) That a community college district meet the minimum
38standards established by this section through the negotiation
39process between the community college district and the exclusive
40representative for part-time, temporary faculty.
P6 1(b) (1) A community college district that enters into a collective
2bargaining agreement on or after January 1, 2016, shall comply
3with all of the following:
4(A) Upon initial hire, a part-time, temporary faculty member
5shall be evaluated by a committee that shall include, but not
6necessarily be limited to, a contract or regular faculty peer
7evaluator who has expertise in the subject matter of the part-time,
8temporary faculty member’s assignment. The evaluation committee
9may additionally include other evaluators, such as a department
10
chair, dean, or a second peer. The terms and conditions of the
11evaluation process and procedures shall be locally negotiated
12between the community college district and the exclusive
13representative for part-time, temporary faculty. Subsequent to his
14or her initial hire, each part-time, temporary faculty member shall
15be evaluated at least once every six semesters or nine quarters of
16service, exclusive of summer and intersession terms.
17(B) After six semesters or nine quarters of service, exclusive of
18summer and intersession terms, each part-time, temporary faculty
19member who has not received a less-than-satisfactory evaluation
20during the preceding six semesters or nine quarters of service shall
21be placed on a seniority list for each assignment at each college
22where he or she holds a current assignment during the seventh
23semester or 10th quarter of service, irrespective of how many times
24he or she has completed each unique assignment. The seniority
25
for all assignments shall be determined based on the first date of
26hire at the applicable college. Seniority lists shall be by campus
27unless otherwise locally negotiated between the community college
28district and the exclusive representative for part-time, temporary
29faculty.
30(C) For semester seven or quarter 10 and beyond, each
31community college district shall endeavor to maintain the workload
32equivalent that the part-time, temporary faculty member was
33assigned during semester six or quarter nine, subject to all of the
34following:
35(i) As new assignments become available due to growth or
36attrition, these assignments shall be offered in seniority order to
37those part-time, temporary faculty members who have qualified
38to be placed on the seniority list pursuant to subparagraph (B),
39and previously successfully completed that same assignment. These
40assignments may be made up to a maximum
annualized load,
P7 1exclusive of summer and intersession terms, in the range of 60 to
267 percent of a full-time equivalent load.
3(ii) In cases where a reduction in assignment needs to occur
4due to program needs, budget constraints, or more contract faculty
5hires, the reduction shall occur first from among those part-time,
6temporary faculty members who have not yet qualified to be placed
7on the seniority list, and thereafter in reverse seniority order, with
8the least senior part-time, temporary faculty member reduced first.
9Any rights to a certain workload equivalent shall be maintained
10for a period of 18 months. In cases of class cancellation due to
11low enrollment, faculty members shall displace faculty members
12who are lower than they are on the seniority list, provided that the
13class cancellation occurs prior to the first class meeting day.
14(iii) Each new assignment successfully
completed shall be added
15to the part-time, temporary faculty member seniority list.
16(D) If a part-time, temporary faculty member rejects any offered
17assignment, he or she shall have his or her workload equivalent
18reduced accordingly. If he or she rejects all offered assignments,
19he or she shall lose all seniority rights.
20(E) Additional leave or break-in-service provisions may be
21locally negotiated between the community college district and the
22exclusive representative for part-time, temporary faculty.
23(F) In cases where a part-time, temporary faculty member,
24subsequent to qualifying to be placed on the seniority list, receives
25a less-than-satisfactory evaluation, as that term is defined in the
26collective bargaining agreement between the community college
27district and the exclusive representative for part-time,
temporary
28faculty, the faculty member shall be provided a written plan of
29remediation with concrete suggestions for improvement. The faculty
30member shall be evaluated again the following semester. If the
31outcome of this subsequent evaluation is also less than satisfactory,
32the faculty member shall lose all seniority rights, and may be
33dismissed at the discretion of the district. Appeal and grievance
34rights and procedures, if any, shall be subject to local collective
35bargaining.
36(G) In all cases, part-time faculty assignments are temporary
37in nature, contingent on enrollment and funding, and subject to
38program changes, and no part-time faculty member has a
39reasonable assurance of continued employment at any point,
P8 1irrespective of the status, length of service, or reemployment
2preference seniority of that part-time, temporary faculty member.
3(2) (A) A community
college district that has a collective
4bargaining agreement in effect as of January 1, 2016, that takes
5into account all of the following, and executes a signed written
6agreement pursuant to subparagraph (B), shall be exempt from
7this subdivision upon the expiration of that agreement:
8(i) Part-time, temporary faculty assignments based on seniority
9up to the range of 60 to 67 percent of a full-time equivalent load.
10(ii) A regular evaluation process for part-time, temporary
11faculty.
12(iii) Due process for termination once a part-time, temporary
13faculty member has qualified for the negotiated provisions.
14(B) A written agreement, confirming that clauses (i) to (iii),
15inclusive, have been taken into account in a collective bargaining
16agreement in effect as of
January 1, 2016, shall be signed by the
17exclusive representative for part-time, temporary faculty and the
18community college district, who are subject to that agreement, in
19order for the district to be exempt from this subdivision pursuant
20to subparagraph (A).
If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
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