BILL ANALYSIS                                                                                                                                                                                                    

                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 373 (Pan) - California Community Colleges:  full-time faculty  
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          |Version: April 6, 2015          |Policy Vote: ED. 5 - 2          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 4, 2015       |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.

          Summary:  This bill establishes the Community College Excellence  
          in Education Act and sets 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 percent threshold of  
          full-time faculty.  This bill also prohibits new tenure-track  
          faculty from performing overload assignments during their  
          probationary period.  Finally, this bill sets forth a series of  
          provisions governing how the threshold is maintained and  
          repercussions in cases when it is not maintained.

           Mandate: This bill may impose a new reimbursable mandate on  
            California Community College (CCC) districts.  The  
            Chancellor's Office indicates that this bill results in  
            estimated statewide annual costs of about $550 million  


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            Proposition 98 General Fund for additional full-time faculty  
            to meet the threshold required by this bill.  Additional,  
            potentially significant, costs could be incurred for districts  
            to report faculty information to the Board of Governors and to  
            hire additional faculty if needed to shift overload  
            assignments to tenure-track faculty.  

           Costs to enforce the requirements of this bill are estimated  
            to be absorbable by the Chancellor's Office.

          Background:  Existing law defines "faculty" as those employees of a  
          community college district 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, disabled student programs and services  
          professionals, and extended opportunity programs and services  
          professionals. (Education Code  87003) 

          Existing law defines a temporary (part-time) employee to be any  
          person who is employed to teach for not more than 67 percent of  
          the hours per week considered to be a full-time assignment.  
          (Education Code  87482.5 and  87882) 

          The Board of Governors of the CCC has had a longstanding policy  
          that at least 75 percent of the hours of credit instruction in  
          the CCC, as a system, should be taught by full-time instructors  
          (commonly referred to as "75/25"). CCC districts with less than  
          75 percent full-time faculty are required to provide a portion  
          of their growth funds to hiring more full-time faculty.  
          (Education Code  87482.6)

          Proposed Law:  
           This bill requires all districts to report to the Board of  
          Governors by March 31, 2016 the total number of classroom and  
          nonclassroom full-time equivalent faculty attributable to hours  
          worked by part-time temporary faculty, and by contract or  
          regular faculty while working on overload assignments during the  
          2014-15 fiscal year.  This calculation represents the district's  
          maximum allowable number of classroom and nonclassroom full-time  
          equivalent faculty that may be staffed by these types of faculty  
          until the district's full-time faculty percentage is greater  
          than or equal to 75 percent.  Once a district reaches this  


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          threshold, district must either maintain this threshold or not  
          exceed its maximum allowable number as calculated above.

          If the Board of Governors determines that a district does not  
          comply with the provisions of this bill, it must designate an  
          amount of the district's apportionment, as specified, to be  
          deposited in the county treasury to be available to the district  
          once a determination is made by the Board of Governors.

          If the governing board of a district determines this will result  
          in a serious hardship to the district, it may apply to the Board  
          of Governors for exemption.  Upon applying for exemption the  
          district must provide the exclusive representative of the  
          district's academic employees and all academic employee  
          organizations eligible for a payroll dues deduction with a copy  
          of the application.

          The Board of Governors must either grant the district an  
          exemption of less than $1,000 or of $1,000 or more if a majority  
          of the members of the Board of Governors finds that the district  
          will suffer serious hardship.  If no application for exemption  
          is provided or a portion of the exemption is denied, the  
          applicable funds will not be available to the district.

          Finally, this bill prohibits new tenure-track faculty from  
          performing overload assignments during their probationary  
          period.  The term "overload assignments" refers to the practice  
          of full-time faculty electing to teach additional courses (with  
          additional pay) beyond their normal full-time teaching load.   
          Policies regarding overload assignments vary significantly among  
          community colleges and departments. 

          Legislation: AB 950 (Chau, 2013) proposed that a full-time  
          faculty member for a community college district not be assigned  
          workload that includes overload or extra assignments if they  
          exceed 50 percent of a full-time workload in a semester or  
          quarter, as specified.  AB 950 failed passage in this committee.

          AB 1826 (Hernandez, 2012), similar to AB 950, failed passage in  
          this committee.

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