BILL ANALYSIS Ó AB 1010 Page 1 ASSEMBLY THIRD READING AB 1010 (Medina) As Amended April 27, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Higher |9-4 |Medina, Bloom, |Baker, Chávez, | |Education | |Irwin, |Harper, Linder | | | |Jones-Sawyer, | | | | |Levine, Low, | | | | |Santiago, Weber, | | | | |Williams | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |12-5 |Gomez, Bonta, |Bigelow, Chang, | | | |Calderon, Daly, |Gallagher, Jones, | | | |Eggman, |Wagner | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Gordon, Holden, | | | | |Quirk, Rendon, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- AB 1010 Page 2 SUMMARY: Requires all community college districts (CCDs) to have collective bargaining agreements with part-time (P/T) faculty that include specified conditions of employment. Specifically, this bill: 1)Requires CCDs that do not have a collective bargaining agreement with P/T faculty in effect as of January 1, 2016, to commence negotiations with exclusive representatives for P/T faculty regarding specified terms and conditions, including: a) Requirements for evaluation of a P/T faculty member, upon initial hire and subsequently, that are generally consistent with current law; b) Placement on a seniority list for assignments, following six semesters of satisfactory service; c) Maintenance by the district of a PT faculty member's workload for the seventh and succeeding semesters, as specified; and, d) Offering of new assignments in seniority order, and use of "last in, first out" for reductions in assignments. 2)Stipulates that a CCD with a collective bargaining agreement with P/T faculty in effect as of January 1, 2016, shall be exempt from the above requirements if the agreement takes into account all of the following: a) P/T faculty assignments are based on seniority up to 60% to 67% of a full-time (F/T) equivalent teaching load; AB 1010 Page 3 b) A regular evaluation process for P/T faculty; and, c) Due process for termination for P/T faculty that have qualified for negotiated provisions. 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 (EC) 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 Board of Governor's (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). To note, 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. A complete summary of existing law regarding the employment of CCC faculty is beyond the scope of this analysis; however, it is important to note there are extensive, complex statutes, many of which apply to "full-time", "part-time", "temporary", "contract" and other academic employees, in a wide array of situations AB 1010 Page 4 related to multiple aspects of district employment. FISCAL EFFECT: According to the Assembly Appropriations Committee, all districts currently have collective bargaining agreements that include provisions regarding P/T faculty. At least 41 community college districts, however, do not maintain a seniority list. Assuming costs of $5,000 to $10,000 per district to establish such lists, presumably for each academic department, one-time reimbursable state-mandated costs would be $205,000 to $410,000 per district. Once established, the ongoing cost to maintain the seniority lists should be minor and absorbable. COMMENTS: Background. According to the Center for Community College Student Engagement's (CCCSE) April 2014 report, entitled, "Contingent Commitments: Bringing Part-Time Faculty Into Focus," 70% of the 400,000 faculty members of public, two-year colleges hired in 2009 were part-time instructors. The CCCSE report found that the P/T faculty teach 58% of community college classes; and, 53% of community college students. Additionally, the report found that for many P/T faculty, contingent employment goes "hand-in-hand" with being marginalized within the faculty. The CCCSE report also found that differences in the actions of part-time and full-time faculty cannot necessarily be attributed to differences in the will or abilities of part-time faculty. The report contends that, "Most likely, they [the differences] exist at least in part because colleges too often are not fully supporting part-time faculty or engaging them in critical elements of the faculty experience." According to the California Federation of Teachers, nearly 50% of the CCC course selections are taught by part-time faculty and part-time faculty outnumber full-time faculty by two to one. CCC district reemployment policies. AB 1245 (Alquist), Chapter 850, Statutes of 2001, required the issue of reappointment rights AB 1010 Page 5 for temporary faculty be a subject of negotiation during collective bargaining and provided that reappointment rights may be based on whatever factors are agreed to by both parties. Many districts have established reappointment rights policies under existing law. Similar models (as to those contained in this bill) have already been successfully negotiated in the following CCDs: Grossmont-Cuyamaca, Los Angeles, San Diego, San Francisco, and, Ventura. This bill provides guidelines forming a basis enabling part-time faculty to establish job security, providing consistency for both students and instructors, and accountability to ensuring that part-time faculty retained under the provisions of this measure are providing the highest level of instruction and demonstrated commitment to student success. Purpose of this measure. According to the author, P/T faculty are required to hold the same academic qualifications and credentials as their full-time colleagues. The author contends that in most cases, part-time instructors are paid significantly less than full-time faculty for the same duties of preparation, teaching and grading, and, assessment. In addition to receiving significantly less in compensation than their full-time counterparts, in most cases part-time faculty receive no health coverage and are not compensated for office hour time outside of class to meet with students. The author argues that, "This lack of dignity, fairness, and equity translates to poor prospects for career advancement, resulting in many qualified part-time faculty leaving the profession annually." The author contends that measures such as this bill, which seeks to enhance the retention of qualified instructors, support institutional viability and directly contribute to student success align with a goal of all stakeholders in California's Higher Education community. AB 1010 Page 6 Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960 FN: 0000759