BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 1010


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          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         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
           ------------------------------------------------------------------- 









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          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; 








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             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  








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          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  








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          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.












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          Analysis Prepared by:                                               
                          Jeanice Warden / HIGHER ED. / (916) 319-3960  FN:  
          0000759