BILL ANALYSIS Ó
AB 1010
Page 1
ASSEMBLY THIRD READING
AB
1010 (Medina)
As Amended April 27, 2015
Majority vote
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|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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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;
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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.
AB 1010
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Analysis Prepared by:
Jeanice Warden / HIGHER ED. / (916) 319-3960 FN:
0000759