BILL ANALYSIS                                                                                                                                                                                                    



                                                                  ACR 138
                                                                  Page  1

           REPLACE - 6/1/2010 -Technical changes (amend date and votes)  
          
          ASSEMBLY THIRD READING
          ACR 138 (Nava)
          As Amended  May 28, 2010
          Majority vote 

           HIGHER EDUCATION    6-0         APPROPRIATIONS      12-5        
           
           ----------------------------------------------------------------- 
          |Ayes:|Portantino, Block, Fong,  |Ayes:|Fuentes, Ammiano,         |
          |     |Huber, Ma, Ruskin         |     |Bradford, Charles         |
          |     |                          |     |Calderon, Coto, Davis,    |
          |     |                          |     |Monning, Ruskin, Skinner, |
          |     |                          |     |Solorio, Torlakson,       |
          |     |                          |     |Torrico                   |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |Nays:|Conway, Harkey, Miller,   |
          |     |                          |     |Nielsen, Norby            |
           ----------------------------------------------------------------- 

           SUMMARY  :  States legislative intent that part-time and temporary  
          faculty receive comparable benefits and pay to that of full-time  
          faculty, and that the California Community Colleges (CCC)  
          increase the number of full-time tenured and tenure-track  
          faculty.  Specifically,  this bill  :  

          1)Makes various statements regarding, among other things, the  
            increasing reliance on part-time faculty at public colleges,  
            the importance of improved faculty working conditions, and the  
            negative effect of Proposition 13 on revenues that support  
            public education.

          2)Resolves that the longstanding policy of the CCC Board of  
            Governors (BOG) that at least 75% of the hours of credit  
            instruction in the CCC be taught by full-time instructors  
            should be advanced and that each CCC district should develop  
            and adopt plans to meet the 75% goals.  

          3)Resolves that each CCC district establish a process for  
            part-time and non-tenure track employees to receive  
            preferential notice of teaching assignments and preferential  
            consideration for attaining full-time tenure-track positions  
            after a probationary period.








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          4)Resolves that the implementation of all of the aforementioned  
            goals should be subject to a collective bargaining process  
            that includes the representatives of full-time and part-time  
            faculty serving at the institution.

          5)Provides that the provisions of this resolution are intended  
            by the Legislature to the extent that funding is provided to  
            CCC districts to achieve these goals.

           EXISTING LAW  requires the CCC BOG to adopt regulations regarding  
          the percent of credit instruction that shall be 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 since stopped providing  
          program-improvement funds, and the CCC BOG has since required  
          CCC districts to provide a portion of their growth funds to  
          hiring more full-time faculty. 

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, no direct fiscal impact, as the resolution does not  
          carry the force of law, and implementation of the Legislature's  
          intent, as expressed in the resolution, is only to the extent  
          that funding is provided for these purposes by the Legislature. 

           COMMENTS  :   Background  :  For over 20 years, the Legislature has  
          considered various efforts to address the issue of CCC districts  
          hiring temporary (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.  While  
          the issue remains a major area of debate, many believe students  
          are under-served by a lack of permanent faculty, who are more  
          accessible and may have more teaching expertise in core  
          curriculum.  Additionally, there are numerous equity concerns  
          surrounding temporary faculty.  Several studies on CCC temporary  
          faculty found that CCC 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 CCC district.  In  
          2008, 18,200 members of CCC teaching faculty were full-time  
          (tenure or tenure track) and 45,257 classified as temporary.  

           Purpose of this resolution  :  According to the sponsor, the  
          California Federation of Teachers, part-time faculty are  








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          compensated at significantly lower wages and benefits than  
          full-time faculty and too often lack basic supports such as paid  
          office hours.  The sponsor believes that pay and benefit  
          increases for part-time faculty and ensuring that these faculty  
          members have a process to become full-time faculty will allow  
          the CCC to better serve its student population. 

           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960 



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