California Legislature—2015–16 Regular Session

Assembly BillNo. 1690


Introduced by Assembly Member Medina

January 21, 2016


An act to add Section 87482.3 to the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 1690, 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 a contract employee.

This bill would require community college districts without a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, to, on or after January 1, 2017, commence negotiations with the exclusive representatives for part-time, temporary faculty regarding the terms and conditions required by the bill. 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, 2017, that are not exempt, as specified. 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:

P2    1

SECTION 1.  

Section 87482.3 is added to the Education Code,
2to read:

3

87482.3.  

(a) (1) On or after January 1, 2017, community
4college districts that do not have a collective bargaining agreement
5with part-time, temporary faculty in effect as of January 1, 2017,
6shall commence negotiations with the exclusive representatives
7for part-time, temporary faculty regarding the terms and conditions
8required by subdivision (b). The parties shall negotiate these rights
9for part-time, temporary faculty.

10(2) It is the intent of the Legislature that both of the following
11shall occur:

12(A) The adoption of provisions in compliance with subdivision
13(b) shall be included as part of the usual and customary negotiations
14between the community college district and the exclusive
15representative for part-time, temporary faculty.

16(B) A community college district shall meet the minimum
17standards established by this section through the negotiation
18process between the community college district and the exclusive
19representative for part-time, temporary faculty.

20(b) (1) A community college district that enters into a collective
21bargaining agreement on or after January 1, 2017, shall comply
22with all of the following:

23(A) Upon initial hire, a part-time, temporary faculty member
24shall be evaluated by a committee that shall include, but not
P3    1necessarily be limited to, a contract or regular faculty peer evaluator
2who has expertise in the subject matter of the part-time, temporary
3faculty member’s assignment. The evaluation committee may
4additionally include other evaluators, such as a department chair,
5dean, or a second peer. The terms and conditions of the evaluation
6process and procedures shall be locally negotiated between the
7community college district and the exclusive representative for
8part-time, temporary faculty. Subsequent to his or her initial hire,
9each part-time, temporary faculty member shall be evaluated at
10least once every six semesters or nine quarters of service, exclusive
11of summer and intersession terms.

12(B) After six semesters or nine quarters of service, exclusive of
13summer and intersession terms, each part-time, temporary faculty
14member who has not received a less-than-satisfactory evaluation
15during the preceding six semesters or nine quarters of service shall
16be placed on a seniority list for each assignment at each college
17where he or she holds a current assignment during the seventh
18semester or 10th quarter of service, irrespective of how many times
19he or she has completed each unique assignment. The seniority
20for all assignments shall be determined based on the first date of
21hire at the applicable college. Seniority lists shall be by campus
22unless otherwise locally negotiated between the community college
23district and the exclusive representative for part-time, temporary
24faculty.

25(C) For semester seven or quarter 10 and beyond, each
26community college district shall endeavor to maintain the workload
27equivalent that the part-time, temporary faculty member was
28assigned during semester six or quarter nine, subject to all of the
29following:

30(i) As new assignments become available due to growth or
31attrition, these assignments shall be offered in seniority order to
32those part-time, temporary faculty members who have qualified
33to be placed on the seniority list pursuant to subparagraph (B), and
34previously successfully completed that same assignment. These
35assignments may be made up to a maximum annualized load,
36exclusive of summer and intersession terms, in the range of 60 to
3767 percent of a full-time equivalent load.

38(ii) In cases where a reduction in assignment needs to occur due
39to program needs, budget constraints, or more contract faculty
40hires, the reduction shall occur first from among those part-time,
P4    1temporary faculty members who have not yet qualified to be placed
2on the seniority list, and thereafter in reverse seniority order, with
3the least senior part-time, temporary faculty member reduced first.
4Any rights to a certain workload equivalent shall be maintained
5for a period of 18 months. In cases of class cancellation due to low
6enrollment, faculty members shall displace faculty members who
7are lower than they are on the seniority list, provided that the class
8cancellation occurs prior to the first class meeting day.

9(iii) Each new assignment successfully completed shall be added
10to the part-time, temporary faculty member seniority list.

11 (D) Procedures governing refusal or rejection of offered
12assignments, diminution or loss of seniority rights, and additional
13leave or break-in-service provisions shall be locally negotiated
14between the community college district and the exclusive
15representative for part-time, temporary faculty.

16(E) In cases where a part-time, temporary faculty member,
17subsequent to qualifying to be placed on the seniority list, receives
18a less-than-satisfactory evaluation, as that term is defined in the
19collective bargaining agreement between the community college
20district and the exclusive representative for part-time, temporary
21faculty, the faculty member shall be provided a written plan of
22remediation with concrete suggestions for improvement. The
23faculty member shall be evaluated again the following semester.
24If the outcome of this subsequent evaluation is also less than
25satisfactory, the faculty member shall lose all seniority rights, and
26may be dismissed at the discretion of the district. Appeal and
27grievance rights and procedures, if any, shall be subject to local
28collective bargaining.

29(F) In all cases, part-time faculty assignments are temporary in
30nature, contingent on enrollment and funding, and subject to
31program changes, and no part-time faculty member has a
32reasonable assurance of continued employment at any point,
33irrespective of the status, length of service, or reemployment
34preference seniority of that part-time, temporary faculty member.

35(2) (A) A community college district that has a collective
36 bargaining agreement in effect as of January 1, 2017, that has
37provisions in place that require implementation of all of the
38following, and executes a signed written agreement pursuant to
39subparagraph (B), shall be exempt from this subdivision upon the
40expiration of that agreement:

P5    1(i) Part-time, temporary faculty assignment based on seniority
2up to the range of 60 to 67 percent of a full-time equivalent load.

3(ii) A regular evaluation process for part-time, temporary faculty.

4(iii) Due process for termination once a part-time, temporary
5faculty member has qualified for the negotiated provisions.

6(B) A written agreement, confirming that provisions requiring
7the implementation of clauses (i) to (iii), inclusive, have been
8included in a collective bargaining agreement in effect as of
9January 1, 2017, shall be signed by the exclusive representative
10for part-time, temporary faculty and the community college district,
11who are subject to that agreement, in order for the district to be
12exempt from this subdivision pursuant to subparagraph (A).

13

SEC. 2.  

If the Commission on State Mandates determines that
14this act contains costs mandated by the state, reimbursement to
15local agencies and school districts for those costs shall be made
16pursuant to Part 7 (commencing with Section 17500) of Division
174 of Title 2 of the Government Code.



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