Senate BillNo. 373


Introduced by Senator Pan

February 24, 2015


An act to add Section 84362.5 to the Education Code, relating to community college faculty.

LEGISLATIVE COUNSEL’S DIGEST

SB 373, as introduced, Pan. California Community Colleges: overload assignments and full-time faculty percentage.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes community college districts, administered by governing boards, throughout the state, and authorizes these districts to provide instruction to students at the community college campuses maintained by the districts. Existing law authorizes the employment of community college faculty and establishes certain rights for these employees.

This bill would require community college districts to report to the board of governors, by March 31, 2016, the total number of full-time equivalent faculty (FTEF) positions staffed by faculty teaching overload assignments during the period July 1, 2014, to June 30, 2015, inclusive. Effective July 1, 2016, the bill would require that reported number to become that district’s maximum allowable number of FTEF positions that may be staffed by faculty teaching overload assignments until the district’s full-time faculty percentage is greater than or equal to 75%. Upon reaching the 75% threshold, the bill would require a district to maintain a full-time faculty percentage of 75% or higher, or not exceed the district’s previously calculated maximum allowable number of FTEF positions that may be staffed by faculty teaching overload assignments. The bill would require the governing board to determine if a district has failed to comply with the above requirements, and, if so, to designate a specified amount of the district’s apportionment or apportionments that would be required to be deposited in the county treasury, but unavailable to the district. The bill would authorize a district to submit an application for an exemption from the requirements of the bill in cases of serious hardship, as specified. Upon receipt of the exemption application, the bill would require the governing board to grant exemptions, as specified. The bill would require the amount exempted to be immediately available for expenditure by the governing board and the amount not exempted to be returned to the State School Fund. The bill would require the board of governors to enforce the requirements of the bill and would authorize them to adopt necessary rules and regulations.

This bill would prohibit a district from assigning a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person achieves tenured status as a full-time faculty member.

By placing additional requirements on community college districts, this bill would impose a state-mandated local program.

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:

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SECTION 1.  

In consideration of the diminished numbers of
2full-time faculty in the community college system due to the state
3recession and the concomitant budget cuts in public education
4generally and community colleges specifically, it is the intent of
5the Legislature to improve and enhance the mission of the
6community colleges and the services and opportunities provided
7to students by increasing the number of full-time faculty in the
8California Community Colleges to better situate the community
P3    1colleges to realize their mission goals and the goals and
2recommendations set forth by the Student Success Task Force
3report of 2012.

4

SEC. 2.  

Section 84362.5 is added to the Education Code, to
5read:

6

84362.5.  

(a) This section shall be known, and may be cited,
7as the Community College Excellence in Education Act.

8(b) All districts shall report to the board of governors, by March
931, 2016, the total number of full-time equivalent faculty (FTEF)
10positions staffed by faculty teaching overload assignments during
11the period July 1, 2014, to June 30, 2015, inclusive.

12(c) Effective July 1, 2016, each district’s calculation pursuant
13to subdivision (b) shall become that district’s maximum allowable
14number of FTEF positions that may be staffed by faculty teaching
15overload assignments until the district’s full-time faculty
16percentage, as calculated pursuant to Section 53308 of Title 5 of
17the California Code of Regulations, is greater than or equal to 75
18percent.

19(d) Upon reaching the 75-percent threshold pursuant to
20subdivision (c), a district shall do either of the following:

21(1) Maintain a full-time faculty percentage of 75 percent or
22greater.

23(2) Not exceed its maximum allowable number of FTEF
24positions that may be staffed by faculty teaching overload
25assignments, as calculated pursuant to subdivision (b).

26(e) (1) The board of governors shall determine whether a district
27failed to comply with subdivision (b), (c), or (d) during the
28preceding fiscal year, and, if so, shall, in apportionments made to
29the district from the State School Fund after April 15 of the current
30fiscal year, designate an amount of the district’s apportionment or
31apportionments that is equal to the difference between the current
32fiscal year apportionment or apportionments and the lesser of the
33district’s apportionment for the 2014-15 fiscal year or for the
34preceding fiscal year.

35(2) The amount designated pursuant to paragraph (1) shall be
36deposited in the county treasury to the credit of the district, but
37shall be unavailable for expenditure by the district pending the
38determination to be made by the board of governors pursuant to
39subdivision (g).

P4    1(f) (1) If it appears to the governing board of a district that the
2application of this section will result in a serious hardship to the
3district, the governing board of the district may apply in writing
4to the board of governors for exemption from the requirements of
5this section by no later than September 15 of the fiscal year
6immediately succeeding the serious hardship.

7(2) Immediately upon applying for an exemption described in
8paragraph (1), the governing board of the district shall provide the
9exclusive representative of the district’s academic employees or,
10if none exists, the district or community college academic senate,
11and all academic employee organizations eligible for a payroll
12dues deduction, with a copy of the application. Those persons may,
13within 30 days of receipt of the application, transmit to the board
14of governors a written statement opposing the application, setting
15forth reasons for its opposition.

16(g) Upon receipt of the application and statement of opposition,
17if any, described in subdivision (f), the board of governors shall
18do either of the following:

19(1) Grant the district an exemption for any amount that is less
20than one thousand dollars ($1,000), which shall be immediately
21available for expenditure by the governing board.

22(2) Grant an exemption of one thousand dollars ($1,000) or
23more if a majority of the members of the board of governors finds,
24in writing, that the district will in fact suffer serious hardship unless
25the district is granted an exemption. If the exemption is granted,
26the exempted amount shall be immediately available for
27expenditure by the governing board of the district.

28(h) If no application for exemption is made pursuant to
29subdivision (f), or a portion of the exemption is denied, the board
30of governors shall order the entire designated amount, or the
31amount not exempted, as applicable, to be returned to the State
32School Fund.

33(i) The board of governors shall enforce the requirements
34prescribed by this section, and may adopt necessary rules and
35regulations, which may require, among other things, district
36governing boards to submit reports and information throughout
37the academic year.

38(j) A district shall not assign a person hired as a contract faculty
39member after July 1, 2016, to teach any overload assignment in
P5    1excess of the equivalent of a full-time teaching load until the person
2has achieved tenured status as a full-time faculty member.

3

SEC. 3.  

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.



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