BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1690|
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                                   THIRD READING 


          Bill No:  AB 1690
          Author:   Medina (D) 
          Amended:  3/14/16 in Assembly
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  5-2, 6/22/16
           AYES:  Block, Leyva, Mendoza, Monning, Pan
           NOES:  Huff, Vidak
           NO VOTE RECORDED:  Liu, Hancock

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/11/16
           AYES: Lara, Beall, Hill, McGuire, Mendoza
           NOES: Bates, Nielsen

           ASSEMBLY FLOOR:  52-26, 6/1/16 - See last page for vote

           SUBJECT:   Community colleges:  part-time, temporary employees


          SOURCE:    Author


          DIGEST:  This bill requires California community college (CCC)  
          districts to have collective bargaining agreements with  
          part-time faculty that include specified conditions of  
          employment.


          ANALYSIS:  

          Existing law:

          1)Defines "faculty" as those employees of community college  








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            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)

          2)Existing law 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)

          3)Requires the Board of Governors (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)  

          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.  








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             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 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.  









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             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 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 district to be  







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            exempt.  


          4)Provides legislative intent language, as specified.

          Comments

          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."

          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 college districts.  While this  
          bill is intended to provide job security for part-time faculty  







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          and minimum standards for how they are treated, community  
          college districts and local bargaining units already have the  
          ability to negotiate reemployment policies.  
          
          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.  
          This could potentially 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."

          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 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%  







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


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, this bill  
          would result in the following:

           New seniority lists:  According to the Community College  
            League of California, out of 72 community college districts 40  
            districts do not include seniority provisions in collective  
            bargaining agreements with part-time faculty.  Assuming a cost  
            of $5,000 to $10,000 per district to establish a list,  
            statewide reimbursable costs would be between $200,000 and  
            $400,000.  This estimate assumes that the estimated 32  
            remaining districts have an agreement in place that is based  
            on seniority up to the 60 to 67 percent of a full-time  
            equivalent load; has a regular evaluation process; and  
            includes due process for termination.  Once these existing  
            agreements expire, new agreements would have to be established  
            containing the specified requirements in this bill.   
            (Proposition 98)

           Maintenance of all lists:  Initially only those districts that  
            are not exempt of this bill's requirements will be eligible to  
            claim for reimbursement for maintaining seniority lists.  Once  
            existing agreements that are eligible for exemption expire all  
            districts will be required to maintain seniority lists in  
            accordance with this bill.  If each college campus used a  
            partial position to track the data necessary to maintain the  
            seniority list, reimbursable state mandate costs could exceed  
            $2 million.  (Proposition 98)


          SUPPORT:   (Verified8/12/16)


          California Community College Independents
          California Faculty Association
          California Federation of Teachers







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          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:   (Verified8/12/16)


          Community College League of California
          National Right to Work Committee
          North Orange County Community College District

          ASSEMBLY FLOOR:  52-26, 6/1/16
          AYES:  Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez,  
            Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Rendon
          NOES:  Achadjian, Travis Allen, Baker, Brough, Chang, Chávez,  
            Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones,  
            Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez,  
            Obernolte, Patterson, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Bigelow, Olsen

          Prepared by:Lenin DelCastillo / ED. / (916) 651-4105
          8/15/16 19:47:23


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