BILL NUMBER: AB 581	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torlakson

                        FEBRUARY 25, 2009

   An act to amend Section 84362 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 581, as introduced, Torlakson. Community colleges: salaries of
classroom instructors.
   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. The board of governors is required to
appoint a chief executive officer, who is known as the Chancellor of
the California Community Colleges. Existing law establishes community
college districts throughout the state, and authorizes these
districts to provide instruction at community college campuses. An
existing provision requires each community college district to
expend, for payment of the salaries of classroom instructors, as
defined, 50% of the district's current expense of education, as
defined.
   This bill would further provide that, in order to encourage
compliance with this requirement, and to determine the extent to
which districts are complying with this requirement, the chancellor
shall conduct random audits of 5 community college districts each
year. The bill would also make various technical, nonsubstantive
changes in the provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 84362 of the Education Code is amended to read:

   84362.  (a) As used in this section  , "salaries of
classroom instructors" means   the following terms have
the following meanings  : 
   (1) The salary paid to each instructor employed by the district
whose duties require that the full time for which the instructor is
employed be devoted to the instruction of students of the district.
 
   (2) The portion of the salary of each instructor whose duties
require that a part, but not all, of the full time for which the
instructor is employed be devoted to the instruction of students of
the district, which is equal to the portion of the full time actually
devoted by the instructor to teaching students of the district.
 
   (3) The salary paid to each instructional aide employed by the
district, any portion of whose duties are required to be performed
under the supervision of an instructor. However, the cost of all
health and welfare benefits provided to the instructors by the
community college district shall be included within the meaning of
"salaries of classroom instructors."  
   (b) (1) As used in this section, an "instructor" means an employee
of the district employed in a position requiring minimum
qualifications and whose duties require him or her to teach students
of the district for at least one full instructional period each
schoolday for which the employee is employed. An instructional period
is the number of minutes equal to the number of minutes of the
regular academic period in the community college in which the
instructor is employed.  
   (2) As used in this section, "administrator" 
    (1)     "Administrator"  means any
employee in a position having significant responsibilities for
formulating district policies or administering district programs; and
"supervisor" means any employee having authority, on behalf of the
district, to hire, transfer, suspend, lay off, recall, promote,
discharge, assign, reward, discipline other employees, adjust their
grievances, or effectively recommend that action, if the exercise of
the authority is not of a merely routine or clerical nature. 

   (c) 
    (2)  "Current expense of education" means the gross
total expended (not reduced by estimated income or estimated federal
and state apportionments) for the purposes classified in the final
budget of a district (except one which, during the preceding fiscal
year, had less than 101 units of full-time equivalent student) for
academic salaries other than academic salaries for student
transportation, food services, and community services; classified
salaries other than classified salaries for student transportation,
food services, and community services; employee benefits other than
employee benefits for student transportation personnel, food services
personnel, and community services personnel; books, supplies, and
equipment replacement other than for student transportation and food
services; and community services, contracted services, and other
operating expenses other than for student transportation, food
services, and community services. "Current expense of education," for
purposes of this section, shall not include those expenditures
classified as sites, buildings, books, and media and new equipment
(object of expenditure 6000 of the Accounting Manual for California
Community Colleges), the amount expended from categorical aid
received from the federal or state government which funds were
granted for expenditures in a program not incurring any instructor
salary expenditures or requiring disbursement of the funds without
regard to the requirements of this section, or expenditures for
facility acquisition and construction; and shall not include the
amount expended pursuant to any lease agreement for plant and
equipment or the amount expended from funds received from the federal
government pursuant to the "Economic Opportunity Act of 1964" or any
extension of that act of Congress or the amount expended by a
community college from state or federal funds received by the
community college for grants to community college students or for the
employment of community college students. 
   (3) "Instructor" means an employee of the district employed in a
position requiring minimum qualifications and whose duties require
him or her to teach students of the district for at least one full
instructional period each schoolday for which the employee is
employed. An instructional period is the number of minutes equal to
the number of minutes of the regular academic period in the community
college in which the instructor is employed.  
   (4) "Salaries of classroom instructors" means:  
   (A) The salary paid to each instructor employed by the district
whose duties require that the full time for which the instructor is
employed be devoted to the instruction of students of the district.
 
   (B) The portion of the salary of each instructor whose duties
require that a part, but not all, of the full time for which the
instructor is employed be devoted to the instruction of students of
the district, which is equal to the portion of the full time actually
devoted by the instructor to teaching students of the district.
 
   (C) The salary paid to each instructional aide employed by the
district, any portion of whose duties are required to be performed
under the supervision of an instructor. However, the cost of all
health and welfare benefits provided to the instructors by the
community college district shall be included within the meaning of
"salaries of classroom instructors."  
   (d) 
    (b)  There shall be expended during each fiscal year for
payment of salaries of classroom instructors by a community college
district, 50 percent of the district's current expense of education.

   (e) 
    (c)  If the board of governors determines that a
district has not expended the applicable percentage of current
expense of education for the payment of salaries of classroom
instructors during the preceding fiscal year, the board shall, in
apportionments made to the district from the State School Fund after
April 15 of the current fiscal year, designate an amount of the
apportionment or apportionments equal to the apparent deficiency in
district expenditures. Any amount so designated by the board of
governors shall be deposited in the county treasury to the credit of
the community college district, but shall be unavailable for
expenditure by the district pending the determination to be made by
the board of governors on any application for exemption which may be
submitted to the board of governors.  In the event it appears
to   If  the governing board of a community
college district  determines  that the application of
 the preceding  subdivisions  (a) and (b) 
during a fiscal year results in serious hardship to the district, or
in the payment of salaries of classroom instructors in excess of the
salaries of classroom instructors paid by other districts of
comparable type and functioning under comparable conditions, the
governing board may apply to the board of governors, in writing, not
later than September  15th   15  of the
immediately succeeding fiscal year for exemption from the
requirements of this section. 
   (f) 
    (d)  Immediately upon applying for the exemption
described in subdivision  (e)   (c)  , the
governing board shall provide the exclusive representative of the
district's academic employees or, if none exists, the district or
college academic senate, and all academic employee organizations
eligible for payroll dues deduction, with a copy of the application.
The exclusive representative, or the district or college academic
senate, and all academic employee organizations eligible for payroll
dues deduction, within 30 days of its receipt of the application, may
transmit to the board of governors a written statement opposing the
application, setting forth reasons for its opposition. 
   (g) 
    (e)  Upon receipt of the application described in
subdivision  (f)   (d)  , duly approved,
and of the statement of opposition, if any, the board of governors
shall grant the district exemption for any amount that is less than
one thousand dollars ($1,000). If the amount is one thousand dollars
($1,000) or more, the board of governors may grant the district
exemption from the requirement for the fiscal year for which the
application is made if a majority of all the members of the board of
governors finds, in writing, that the district will in fact suffer
serious hardship or will have to pay salaries of classroom
instructors in excess of those paid by other districts of comparable
type and functioning under comparable conditions unless the district
is granted an exemption. If the exemption is granted, the designated
moneys shall be immediately available for expenditure by the
community college district governing board. If no application for
exemption is made or exemption is denied, the board of governors
shall order the designated amount or amount not exempted to be added
to the amounts to be expended for salaries of classroom instructors
during the next fiscal year. 
   (h) 
    (f)  The board of governors shall enforce the
requirements prescribed by this section, and may adopt necessary
rules and regulations to that end. It may require the submission
during the college year, by community college district governing
boards and county superintendents of schools, of the reports and
information as may be necessary to carry out this section.  In
order to encourage compliance with this section, and to determine the
extent to which districts are   complying with this
section, the chancellor shall conduct random audits of five community
college districts each year.  
   (i) 
    (g)  The board of governors, no later than the 10th
calendar day of each year of the Legislature, shall submit to the
Legislature a written report on the operation, effect, and the extent
of compliance with this section by community college districts in
the state during the two most recently ended fiscal years. The report
shall describe the activities of the board of governors and the
chancellor's office, undertaken to ensure compliance with this
section, and may contain recommendations for legislation pertaining
to that subject.