BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2155


                                                                    Page  1





          GOVERNOR'S VETO


          AB  
          2155 (Ridley-Thomas)


          As Enrolled  August 25, 2016


          2/3 vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |                |      |                     |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Public          |6-0   |Bonta, Cooley,       |                     |
          |Employees,      |      |Cooper, Cristina     |                     |
          |Retirement, and |      |Garcia, O'Donnell,   |                     |
          |Social Security |      |Wagner               |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Appropriations  |16-0  |Gonzalez, Bigelow,   |                     |
          |                |      |Bloom, Bonilla,      |                     |
          |                |      |Bonta, Calderon,     |                     |
          |                |      |Chang, Daly, Eggman, |                     |
          |                |      |Gallagher, Roger     |                     |
          |                |      |Hernández,           |                     |
          |                |      |Obernolte, Quirk,    |                     |
          |                |      |Santiago, Wagner,    |                     |
          |                |      |Wood                 |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
           ------------------------------------------------------------------- 
          










                                                                    AB 2155


                                                                    Page  2





          


           -------------------------------------------------------------------- 
          |ASSEMBLY:  |76-0  |(April 28,     |SENATE: |23-13 |(August 19,      |
          |           |      |2016)          |        |      |2016)            |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
          |           |      |               |        |      |                 |
           -------------------------------------------------------------------- 


          SUMMARY:  Requires that collective bargaining agreements or  
          employment agreements that apply to adult education instructors  
          specify the courses for which those members are adult education  
          instructors thereby allowing Career Development and College  
          Preparation (CPCP) courses to be subject to a lower  
          instructional hour requirement for purposes of determining  
          service credit under the California State Teachers' Retirement  
          System (CalSTRS).  This bill affects agreements that are entered  
          into, extended, renewed or amended on or after January 1, 2017.   



          EXISTING LAW:  


          1)Establishes minimum standards for full-time employment for the  
            purpose of crediting service under the California State  
            Teachers' Retirement System (CalSTRS).


          2)Specifies that the minimum standard, generally, for full time  
            instructors in community colleges is 175 days per year or  
            1,050 hours per year.










                                                                    AB 2155


                                                                    Page  3





          3)Specifies that for community college instructors employed on a  
            part-time basis, the minimum standard for full time is 525  
            instructional hours.


          4)Specifies that for community college instructors employed in  
            adult education programs the minimum standard for full time is  
            875 instructional hours. 


          FISCAL EFFECT:  Unknown.


          COMMENTS:  According to the author, SB 361 (Scott), Chapter 514,  
          Statutes of 2008, "?established three levels of funding for  
          community colleges.  Credit courses were funded at the highest  
          level and noncredit (adult education) courses were funded at the  
          lowest level.  In between those two levels was a third level for  
          Career Development and College Preparation (CDCP) courses, which  
          are also considered noncredit courses.  CDCP courses, however,  
          are different from traditional noncredit courses in that they  
          are a series of courses that lead to a certificate of completion  
          that is designed to improve employment prospects and increase  
          transfer opportunities to four-year institutions." 


          "Many community colleges offer what could be CDCP curriculum in  
          the credit format because the funding level for CDCP courses was  
          lower than courses offered for credit.  Last year's budget  
          created funding parity between CDCP courses and courses offered  
          for credit.  Many community colleges find that offering CDCP  
          courses in the noncredit format is better for students because  
          there are no student fees for noncredit courses and it allows  
          faculty to accelerate coursework to better fit the needs of  
          students." 


          "A barrier that community colleges must overcome to take  
          advantage of offering CDCP courses in the noncredit format is  








                                                                    AB 2155


                                                                    Page  4





          the requirement that faculty teaching noncredit courses are  
          required to provide at least 25 instructional hours per week  
          while faculty teaching courses for credit are required to  
          provide 15 instructional hours per week.  Because of the  
          instructional hour requirement for CDCP courses, the state could  
          miss out on an opportunity to increase student readiness for  
          employment and college-level work."


          According to the sponsor, "This measure would authorize, not  
          require, community college districts to equalize the minimum  
          instructional hour requirements for credit courses and CDCP  
          courses.  Districts would be authorized to establish, through  
          bargaining, a lower instructional hour requirement,  
          specifically, 15 instructional hours per week, for CDCP courses.  
           Under the legislation, districts would specifically identify  
          which courses are adult education courses for the purposes of  
          service credit allowing CDCP courses to be identified as courses  
          that are not adult education."


          GOVERNOR'S VETO MESSAGE:


               This bill functionally allows a community college  
               district and its employees to lower the minimum  
               instructional hours that certain part-time community  
               college district instructors would be required to work  
               to earn creditable service under the State Teachers'  
               Retirement System.


               I am concerned this bill, by authorizing districts to  
               bargain for a lower instructional hour requirement  
               that would qualify as pensionable service credit, will  
               only increase state pension costs.  This is not  
               prudent, especially in light of STRS' massive unfunded  
               liabilities.









                                                                    AB 2155


                                                                    Page  5








          Analysis Prepared by:                                             
                          Karon Green / P.E.,R., & S.S. / (916) 319-3957    
                                                                    FN:   
          0005148