BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 1690             
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          |Author:    |Medina                                               |
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          |Version:   |March 14, 2016                          Hearing      |
          |           |Date:    June 22, 2016                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Lenin DelCastillo                                    |
          |           |                                                     |
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          Subject:  Community colleges:  part-time, temporary employees


            SUMMARY
          
          This bill requires community college districts to have  
          collective bargaining agreements with part-time faculty that  
          include specified conditions of employment.

            BACKGROUND
          
          Existing law defines "faculty" as those employees of community  
          college districts 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 § 87003)

          Existing law also 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 part-time, temporary employee.  (EC  
          § 87482.5 and § 87882)  


          The Board of Governors (BOG) of the California Community  
          Colleges (CCC) has had a longstanding policy that at least 75%  
          of the hours of credit instruction in the community colleges, as  
          a system, should be taught by full-time instructors (commonly  







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          referred to as "75/25").  Existing law requires the BOG to adopt  
          regulations regarding the percent of credit instruction taught  
          by full-time faculty and authorizes CCC districts with less than  
          75% full-time instructors to apply a portion of their "program  
          improvement" funds toward reaching a 75% goal.  However, the  
          state has stopped providing program improvement funds and the  
          BOG has since required CCC districts to provide a portion of  
          their growth funds to hiring more full-time faculty.  (EC §  
          87482.6)  

            ANALYSIS
          
          This bill:

          1)   Requires community college districts that do not have a  
               collective bargaining agreement with part-time faculty in  
               effect as of January 1, 2017, to commence negotiations with  
               exclusive representatives for part-time, temporary faculty  
               regarding specified terms and conditions, as follows:


                    a)             Provides upon initial hire, the  
                    requirements for the evaluation of part-time faculty  
                    members, as specified, including, but not necessarily  
                    limited to, a contract or regular faculty peer  
                    evaluator who has expertise in the subject matter of  
                    the part-time, temporary faculty member's assignment.   



                    b)             Requires the evaluation of part-time  
                    faculty members at least once every six semesters or  
                    nine quarters of service, exclusive of summer and  
                    intersession terms.  


                    c)             Requires the placement on a seniority  
                    list for assignments, following six semesters or nine  
                    quarters of satisfactory service, as specified.  The  
                    seniority for all assignments shall be determined  
                    based on the first date of hire at the applicable  
                    college and seniority lists shall be by campus unless  
                    otherwise locally negotiated between the community  
                    college district and the exclusive representative for  








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                    part-time, temporary faculty.


                    d)             Maintains the faculty member's workload  
                    for semester seven or quarter ten and beyond, as  
                    specified.  As new assignments become available due to  
                    growth or attrition, these assignments shall be  
                    offered in seniority order to those part-time,  
                    temporary faculty members who have qualified to be  
                    placed on the seniority list, as specified, and  
                    previously successfully completed that same  
                    assignment.  Provides that these assignments may be  
                    made up to a maximum annualized load, exclusive of  
                    summer and intersession terms, in the range of 60 to  
                    67% of a full-time equivalent load.  


                    e)             Provides that 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 part-time, temporary faculty members who have  
                    not yet qualified to be placed on the seniority list,  
                    and thereafter in reverse seniority order (i.e., use  
                    of "last in, first out" for reductions in  
                    assignments), as specified.  Provides that each new  
                    assignment successfully completed shall be added to  
                    the part-time, temporary faculty member seniority  
                    list.


                    f)             Provides that the 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 community college district and  
                    the exclusive representative for part-time faculty.  


                    g)             Requires that in cases where a  
                    part-time faculty, subsequent to qualifying to be  
                    placed on the seniority list, receives a less-than  
                    satisfactory evaluation, as defined, the faculty  
                    member shall be provided a written plan of remediation  








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                    with concrete suggestions for improvement, as  
                    specified.  Provides that the faculty member shall be  
                    evaluated again the following semester and if the  
                    outcome is less than satisfactory, the faculty member  
                    shall lose all seniority rights and may be dismissed  
                    at the discretion of the district.  Provides that  
                    appeal and grievance rights and procedures, if any,  
                    shall be subject to local collective bargaining.


                    h)             Provides that in all cases, part-time  
                    faculty assignments are temporary in nature,  
                    contingent on enrollment and funding, and subject to  
                    program changes, and no part-time faculty member has a  
                    reasonable assurance of continued employment at any  
                    point, as specified.


          2)   Provides that a community college district with a  
               collective bargaining agreement with part-time faculty in  
               effect as of January 1, 2017 and executes a signed written  
               agreement, shall be exempt from the above requirements if  
               the agreement takes into account all of the following:


                    a)             Part-time faculty assignments are based  
                    on seniority up to 60% to 67% of a full-time  
                    equivalent teaching load.


               b)        A regular evaluation process for part-time  
               faculty.


                    c)             Due process for termination once a  
                    part-time faculty member has qualified for the  
                    negotiated provisions.


          3)   Provides that a written agreement, confirming that these  
               provisions have been included in a collective bargaining  
               agreement, shall be signed by the exclusive representative  
               for part-time faculty and the community college district,  
               who are subject to that agreement, in order for the  








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               district to be exempt.  


          4)   Provides legislative intent language, as specified.

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author's office, "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.  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 community college districts.  The  
               varying reemployment policies in these community college  
               districts make it difficult for part-time/temporary faculty  
               to plan their upcoming teaching schedules."   The author's  
               office 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 hours 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."

          2)   Existing reemployment policies.  Current law requires that  
               reappointment rights for temporary faculty are a subject of  
               negotiation during collective bargaining and provides that  
               reappointment rights may be based on whatever factors are  
               agreed to by both parties.  Accordingly, many community  
               college districts have established policies and practices  
               regarding reappointment rights through the bargaining  
               process.  Additionally, several community college districts  
               have successfully negotiated bargaining agreements that  
               contain standards that are similar to those proposed by  
               this measure, including the Grossmont-Cuyamaca, Los  
               Angeles, San Diego, San Francisco, and Ventura community  








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               college districts.  While this bill is intended to provide  
               job security for part-time faculty and minimum standards  
               for how they are treated, the Committee may wish to  
               consider whether this bill is necessary as community  
               college districts and local bargaining units already have  
               the ability to negotiate reemployment policies.  Should all  
               community college districts be mandated to do so or should  
               this continue to be left to local discretion?  
          
          3)   Limits discretion of the community college districts.  In  
               providing job security and establishing minimum standards  
               for the treatment of part-time faculty, this bill specifies  
               prescriptive requirements for local bargaining agreements  
               that all community college districts would be required to  
               adhere to. The Committee may wish to consider whether this  
               bill could reduce the ability of the districts to meet  
               their local community needs in offering course selections  
               and quickly respond to changing market demands.  The  
               Community College League of California indicates, "by  
               mandating a one-size fits all approach, this bill will  
               impose conditions of employment that may not reflect local  
               district needs, increase costs for districts and ultimately  
               reduce student success."

          4)   Part-time faculty.  For some time, the Legislature has  
               considered various efforts to address the issue of  
               community college districts hiring part-time faculty  
               members in lieu of full-time faculty. Much of the reason to  
               utilize temporary faculty is the lower costs associated  
               with such faculty.  Several studies on temporary faculty  
               found that community college districts pay temporary  
               faculty significantly less than full-time faculty  
               performing the same duties, and nearly half of temporary  
               faculty reported not receiving any type of benefits from  
               their district. 

               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 also found that part-time faculty teach  
               58% of community college classes and 53% of community  
               college students.  Additionally, the CCCSE report found  








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               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 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 California Community College (CCC) course  
               selections are taught by part-time faculty and part-time  
               faculty out number full-time faculty by two to one.

          5)   Related budget activity.  The 2016-17 budget bill includes  
               $7 million in Proposition 98 General Fund for part-time  
               faculty office hours and effectively restores this  
               categorical program on an ongoing basis. 
              
          6)   Fiscal impact.  According to the Assembly Appropriations  
               Committee, all districts currently have collecting  
               bargaining agreements that include provisions regarding  
               part-time 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 Proposition 98 General Fund  
               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.

          7)   Related and prior legislation.  
               
               AB 1010 (Medina, 2015), similar to this measure, would have  
               required community college districts to have collective  
               bargaining agreements with part-time faculty that include  
               specified conditions of employment.  This bill failed  
               passage in the Senate Appropriations Committee.

               SB 373 (Pan) proposed a cap on the number of part-time  
               faculty for each community college district based on the  
               2014-15 fiscal year, thereby limiting new hires to only  
               full-time faculty until the district reaches a 75%  
               threshold of full-time faculty.  This bill failed passage  








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               in the Senate Appropriations Committee.

               AB 626 (Low) requires community college districts to  
               provide funding to increase their full-time/part-time  
               faculty ratio and to increase support for part-time  
               faculty.  This bill is pending referral in the Senate.

               AB 1807 (Fong, 2010) proposed to require community college  
               districts, through collective bargaining, to establish and  
               implement reemployment preference lists for part-time  
               faculty.  This measure was held in the Assembly  
               Appropriations Committee.

            SUPPORT
          
          California Community College Independents
          California Faculty Association
          California Federation of Teachers
          California Labor Federation
          California Part-time Faculty Association
          California Teachers Association
          Grossmont-Cuyamaca Community College District
          Faculty Association of California Community Colleges
          San Diego Community College District
          Student Senate for California Community Colleges
          University Professional and Technical Employees
          Letters from individuals

            OPPOSITION
           
           Community College League of California


          National Right to Work Committee
          North Orange County Community College District

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