BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 5, 2016


                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION


                                 Jose Medina, Chair


          AB 1690  
          (Medina) - As Amended March 14, 2016


          SUBJECT:  Community colleges:  part-time, temporary employees


          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, on or after January 1, 2017, if a CCD does not  
            have a collective bargaining agreement with P/T faculty in  
            effect as of January 1, 2017, to begin negotiations with the  
            exclusive representatives for P/T faculty regarding the terms  
            and conditions required, as specified; and requires that the  
            parties shall negotiate these rights for P/T faculty.


          2)Expresses that the Legislature intends that both of the  
            following occur:  a) the adoption of the provisions, as  
            specified, shall be included as part of the usual and  
            customary negotiations between the CCD and the exclusive  
            representative for P/T faculty; and, b) that a CCD meet the  
            minimum standards established, as specified, through the  
            negotiation process between the CCD and the exclusive  
            representative for P/T faculty.









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          3)Requires a CCD that enters into a collective bargaining  
            agreement on or after January 1, 2017, to comply with all of  
            the following:


             a)   Upon initial hire, and subsequently thereafter, a P/T  
               faculty member shall be evaluated, as specified in  
               Education Code (EC) Section 87663;


             b)   After six semesters or nine quarters of service,  
               exclusive of summer and intersession terms, each P/T  
               faculty member who has not received a  
               less-than-satisfactory evaluation during the preceding six  
               semesters or nine quarters of service shall be placed on a  
               seniority list for each assignment at each college where  
               he/she holds a current assignment during the seventh  
               semester or 10th quarter of service, irrespective of how  
               many times he or she has completed each unique assignment.   
               The seniority for all assignments shall be determined based  
               on the first date of hire at the applicable college.   
               Seniority lists shall be by campus unless otherwise locally  
               negotiated between the CCD and the exclusive representative  
               for P/T faculty;


             c)   For semester seven or quarter 10 and beyond, each CCD  
               shall endeavor to maintain the workload equivalent that the  
               P/T faculty member was assigned during semester six or  
               quarter nine, subject to all of the following:


               i)     As new assignments become available due to growth or  
                 attrition, these assignments shall be offered in  
                 seniority order to those P/T faculty members who have  
                 qualified to be placed on the seniority list, as  
                 specified, and previously successfully completed that  
                 same assignment.  These assignments may be made up to a  








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                 maximum annualized load, exclusive of summer and  
                 intersession terms, in the range of 60 percent to 67  
                 percent of a full-time equivalent load,


               ii)    In cases where a reduction in assignment needs to  
                 occur due to program needs, budget constraints, or more  
                 contract faculty hires, the reduction shall occur first  
                 from among those P/T faculty members who have not yet  
                 qualified to be placed on the seniority list, and  
                 thereafter in reverse seniority order, with the least P/T  
                 faculty member reduced first.  Any rights to a certain  
                 workload equivalent shall be maintained for a period of  
                 18 months.  In cases of class cancellation due to low  
                 enrollment, faculty members shall displace faculty  
                 members who are lower than they are on the seniority  
                 list, if the class cancellation occurs prior to the first  
                 class meeting day, and,


               iii)   Each new assignment successfully completed shall be  
                 added to the P/T faculty member seniority list.


             d)   Procedures governing refusal or rejection of offered  
               assignments, diminution or loss of seniority rights, and  
               additional leave or break-in-service provisions shall be  
               locally negotiated between the CCD and the exclusive  
               representative for P/T faculty;


             e)   In cases where a P/T faculty member, subsequent to  
               qualifying to be placed on the seniority list, receives a  
               less-than-satisfactory evaluation, as that term is defined  
               in the collective bargaining agreement between the CCD and  
               the exclusive representative for P/T faculty, the faculty  
               member shall be provided a written plan of remediation with  
               concrete suggestions for improvement.  The faculty member  
               shall be evaluated again the following semester.  If the  








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               outcome of this subsequent evaluation is also less than  
               satisfactory, the faculty member shall lose all seniority  
               rights, and may be dismissed at the discretion of the  
               district.  Appeal and grievance rights and procedures, if  
               any, shall be subject to local collective bargaining; and,


             a)   In all cases, P/T faculty assignments are temporary in  
               nature, contingent on enrollment and funding, and subject  
               to program changes, and no P/T faculty member has a  
               reasonable assurance of continued employment at any point,  
               irrespective of the status, length of service, or  
               reemployment preference seniority of that P/T faculty  
               member.


          4)Specifies that a CCD that has a collective bargaining  
            agreement in effect as of January 1, 2017, that has provisions  
            in place that require implementation of all of the following,  
            and executes a signed written agreement, as specified, shall  
            be exempt, as specified, upon the expiration of that  
            agreement:


             a)   P/T  faculty assignment based on seniority up to the  
               range of 60 percent to 67 percent  of a full-time  
               equivalent load;


             b)   A regular evaluation process for P/T faculty; and,


             c)   Due process for termination once a P/T faculty member  
               has qualified for the negotiated provisions.


          5)Specifies that a written agreement, confirming that clauses  
            (a) to (c) (above), inclusive, have been included in a  
            collective bargaining agreement in effect as of January 1,  








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            2017, shall be signed by the exclusive representative for P/T  
            faculty and the CCD, who are subject to that agreement, in  
            order for the district to be exempt, as specified.


          EXISTING LAW:  


          1)Defines "faculty" as those employees of a 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  (EC Section 87003).
          2)Defines any person who is employed to teach for not more than  
            67 percent 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 California Community Colleges (CCC) Board of  
            Governors (BOG) to adopt regulations regarding the percent of  
            credit instruction taught by full-time (F/T) faculty and  
            authorizes CCDs with less than 75 percent F/T instructors to  
            apply a portion of their "program improvement" funds toward  
            reaching the 75 percent 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.


          4)Requires that contract employees shall be evaluated at least  
            once in each academic year, that regular employees shall be  
            evaluated at least once in every three academic years, and  
            that temporary employees shall be evaluated within the first  
            year of employment.  Specifies that thereafter, evaluation  
            shall be at least once every six regular semesters, or once  








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            every nine regular quarters, as applicable.  Stipulates that  
            whenever an evaluation is required of a faculty member by a  
            CCD, the evaluation shall be conducted in accordance with the  
            standards and procedures established by the rules and  
            regulations of the governing board of the employing CCD (EC  
            Section 87663).


          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  
          related to multiple aspects of district employment.  


          FISCAL EFFECT:  Unknown


          COMMENTS:  Need for this measure.  According to the author, "Job  
          instability continues to be one of the greatest concerns for  
          part-time/temporary faculty.  The inability to negotiate  
          reemployment policies at most community college districts has  
          resulted in unreliable reemployment practices."  The author  
          contends that this leaves many part-time faculty wondering if  
          they will have a job the following semester.  


          Additionally, many part-time/temporary faculty are left with no  
          option but to piece together full-time teaching schedules  
          through employment in two or more CCDs.  The author argues that,  
          "The varying reemployment policies in theses community college  
          districts make it difficult for part-time/temporary faculty to  
          plan their upcoming teaching schedules."


          Part-time faculty.  According to the Center for Community  
          College Student Engagement's (CCCSE) April 2014 report,  
          entitled, "Contingent Commitments:  Bringing Part-Time Faculty  








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          Into Focus," 70 percent 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 percent of community college classes; and, 53 percent 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 P/T 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  
          percent of the CCC course selections are taught by part-time  
          faculty and part-time faculty outnumber full-time faculty by 2  
          to 1.


          Community college districts' reemployment policies.  AB 1245  
          (Alquist), Chapter 850, Statutes of 2001, required the issue of  
          reappointment rights 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 measure provides guidelines forming a basis enabling P/T  
          faculty to establish job security, providing consistency for  
          both students and instructors, and accountability to ensuring  
          that P/T faculty retained under the provisions of this measure  








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          are providing the highest level of instruction and demonstrated  
          commitment to student success.


          Related legislation.  AB 1010 (Medina) of 2015, which was held  
          under submission in the Senate Appropriations Committee, is  
          similar in nature to this measure.


          AB 1807 (Fong) of 2010, which was held under submission in the  
          Assembly Appropriations Committee, would among others, require  
          CCDs to establish and implement seniority rights and  preference  
          lists for P/T faculty.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Board of Trustees, San Diego Community College District


          California Federation of Teachers (co-sponsor)


          California Part Time Faculty Association


          California Teachers Association (co-sponsor)


          Faculty Association of California Community Colleges


          Student Senate for California Community Colleges








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          University of Professional and Technical Employees


          6 Individuals 




          Opposition


          Community College League of California


          National Right to Work Committee




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