BILL ANALYSIS                                                                                                                                                                                                    






                          SENATE COMMITTEE ON EDUCATION
                               Gloria Romero, Chair
                            2009-2010 Regular Session
                                         

          BILL NO:       ACR 138
          AUTHOR:        Nava
          AMENDED:       May 28, 2010
          FISCAL COMM:   Yes            HEARING DATE:  June 30, 2010
          URGENCY:       No             CONSULTANT:Beth Graybill

           SUBJECT  :  California Community Colleges:  Faculty.
          
           
          SUMMARY   

          This resolution states legislative intent that part-time and  
          temporary faculty receive pay and benefits that are equal to  
          those of specified tenured and tenure-track faculty, to the  
          extent funding is provided, and that the California Community  
          Colleges increase the percentage of full-time tenured and  
          tenure-track faculty.  

           BACKGROUND  

          Existing law requires the Board of Governors (BOG) of the  
          California Community Colleges (CCC) 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 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.  

           ANALYSIS  

           This resolution  :

          1)   Makes various statements regarding the increasing  
               percentage of courses offered in public college and  
               universities that are taught by part-time and other  
               adjunct faculty, the limited ability of the state's  
               public higher education system to provide high-quality  
               education, research, and support for economic  
               development, and the difficulties in funding education  



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               as a result of state and federal tax policies.  

          2)   Resolves that it is the intent of the Legislature that  
               all part-time and temporary faculty receive pay and  
               benefits that are equal to those of tenured and  
               tenure-track faculty of comparable qualifications doing  
               comparable work, as determined on a pro rata basis, to  
               the extent funding is provided.  

          3)   Resolves that the longstanding policy of the BOG of the  
               CCC that at least 75 percent of the hours of credit  
               instruction in the colleges be taught by full-time  
               instructors should be advanced and that each community  
               college district should develop and adopt plans to meet  
               the requirements related to increasing the percentage of  
               full-time tenured and tenure-track faculty.  

          4)   Resolves that the development and adoption of plans  
               related to increasing the percentage of full-time  
               tenured and tenure-track faculty should be subject to a  
               collective bargaining process.  

          5)   Resolves that each community college district should  
               establish a process under which a part-time and other  
               adjunct faculty, after successful completion of a  
               probationary period, may receive timely notice of, and  
               priority consideration for, appropriate teaching  
               assignments in future academic terms and preferential  
               consideration for attaining a tenure-track position when  
               one becomes available.  

          6)   Resolves that each community college district should  
               make progress toward the goals described in the measure  
               and 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.  

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the sponsor, the  
               California Federation of Teachers (CFT), part-time  
               faculty are compensated at significantly lower wages and  
               benefits than full-time faculty and too often lack basic  
               supports such as paid office hours.  An increasing  
               percentage of the courses in California public colleges  
               and universities are taught by part-time and other  
               non-tenure track.  According to the author, this trend  



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               holds nationwide indicating that higher education has  
               become more dependent on this part-time workforce to  
               provide instructional services to students.  CFT notes  
               that studies have found that community college districts  
               pay temporary faculty significantly less than full-time  
               faculty performing the same duties.  The sponsor  
               contends that increasing pay and benefits for part-time  
               faculty and ensuring that these faculty members have a  
               process by which they can become full-time faculty will  
               allow the CCC to better serve its student population.  

           2)   Background  .  The Legislature has considered various ways  
               to address the reliance on part-time faculty by the CCC.  
                Much of the reason to hire temporary faculty is the  
               lower costs associated with such faculty.  Many believe  
               that students are under-served by not having access to  
               more full-time faculty who are more accessible and may  
               have more teaching expertise.  Arguably, the practice of  
               using temporary faculty raises equity concerns due to  
               the fact they are generally paid lower wages and don't  
               receive benefits.  In 2008, 18,200 members of the CCC  
               teaching faculty were full-time (tenure or tenure-track)  
               compared with 45,257 faculty classified as temporary.  

           3)   Related and prior legislation  .  

          ACR 31 (Ruskin, 2009) expressed the intent of the Legislature  
               that the CCC increase the number of full-time tenured  
               and tenure-track faculty and increase salaries and  
               specified benefits for part-time and non-tenure track  
               faculty.  This resolution was held in the Assembly  
               Appropriations Committee Suspense file and was later  
               amended to proclaim April 12-18, 2010 as California  
               Holocaust Memorial Week. 

           SUPPORT
           
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Federation of Teachers
          California Teachers Association       
          California Teachers of English to Speakers of Other Languages  

          Faculty Association of California Community Colleges

           OPPOSITION
           



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          None received.