BILL NUMBER: AB 1215 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 12, 2009
INTRODUCED BY Assembly Member De La Torre
FEBRUARY 27, 2009
An act to amend Sections 87482, 87882, and 87884
87482 and 87882 of the Education Code, relating
to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 1215, as amended, De La Torre. Community colleges: temporary
and part-time faculty.
(1) 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 a governing board, throughout the state,
and authorizes these districts to provide instruction to students at
the community college campuses maintained by the districts.
Existing law requires that a person employed to teach adult or
community college classes for not more than 67% of the hours per week
of a full-time employee having comparable duties, excluding
substitute service, be classified as a temporary employee.
Existing law authorizes the governing board of a district to
employ a person serving as full-time faculty or part-time faculty but
prohibits employment of a person as a temporary faculty member by
any one district for more than 2 semesters or 3 quarters, except that
a person serving as full-time or part-time clinical nursing faculty
teaching 60% or more of the hours per week considered a full-time
assignment for regular employees may be employed as a temporary
faculty member for up to 4 semesters or 6 quarters within any period
of 3 consecutive years between July 1, 2007, and June 30, 2014.
This bill would, instead, authorize the governing board of a
district to employ as a temporary faculty, as specified, a person
serving as part-time clinical nursing faculty teaching 67% or more of
the hours per week considered a full-time assignment.
This bill would instead allow nursing faculty that teach up to 67%
of the hours per week considered a full-time assignment for regular
employees having comparable duties, excluding substitute service, to
be employed by any one school district in the amounts described
above.
(2) Existing law, the Community College Part-Time Faculty Office
Hours Program, authorizes the governing board of a community college
district to establish a program to provide part-time faculty office
hours. For purposes of the program, existing law defines "part-time
faculty" as any person who is employed to teach for not more than 60%
of the hours per week considered a full-time assignment for regular
employees having comparable duties.
This bill would change the definition of "part-time faculty"
to apply to any person who is employed to teach for not more
than 67% of the hours per week considered a full-time assignment for
regular employees having comparable duties by
increasing the percentage of the hours per week to 67 .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87482 of the
Education Code is amended to read:
87482. (a) (1) Notwithstanding Section 87480, the governing board
of a community college district may employ any qualified individual
as a temporary faculty member for a complete school year ,
but not less than a complete semester or quarter during a school
year. The employment of those persons shall be based upon the need
for additional faculty during a particular semester or quarter
because of the higher enrollment of students during that semester or
quarter as compared to the other semester or quarter in the academic
year, or because a faculty member has been granted leave for a
semester, quarter, or year, or is experiencing long-term illness, and
shall be limited, in number of persons so employed, to that need, as
determined by the governing board.
(2) Employment of a person under this subdivision may be pursuant
to contract fixing a salary for the entire semester or quarter.
(b) No A person, other than a person
serving as clinical nursing faculty and exempted from this
subdivision pursuant to paragraph (1) of subdivision (c), shall
not be employed by any one district under this section for more
than two semesters or three quarters within any period of three
consecutive years.
(c) (1) Notwithstanding subdivision (b), a person serving as
full-time clinical nursing faculty or as part-time clinical nursing
faculty teaching 60 percent or more of the hours
per week considered a full-time assignment for regular
employees described in Section 87482.5 may be
employed by any one district under this section for up to four
semesters or six quarters within any period of three consecutive
academic years between July 1, 2007, and June 30, 2014, inclusive.
(2) A district that employs faculty pursuant to this subdivision
shall provide data to the chancellor's office as to how many
the number of faculty members were
hired under this subdivision, and what the ratio of
full-time to part-time faculty was for each of the three academic
years prior to the hiring of faculty under this subdivision and for
each academic year for which faculty is hired under this subdivision.
This data shall be submitted, in writing, to the chancellor's office
on or before June 30, 2012.
(3) The chancellor shall report, in writing, to the Legislature
and the Governor on or before September 30, 2012, in accordance with
data received pursuant to paragraph (2), how many
the number of districts that hired faculty
under this subdivision, how many the number
of faculty members were hired under this
subdivision, and what the ratio of full-time to part-time faculty was
for these districts in each of the three academic years prior to the
operation of this subdivision and for each academic year for which
faculty is hired under this subdivision.
(4) A district may not employ a person pursuant to this
subdivision if the hiring of that person results in an increase in
the ratio of part-time to full-time nursing faculty in that district.
SEC. 2. Section 87882 of the Education
Code is amended to read:
87882. For purposes of this article, "part-time faculty" means
any person who is employed to teach for not more than 60
percent of the hours per week considered a
full-time assignment for regular employees having comparable duties
described in Section 87482.5 .
SECTION 1. Section 87482 of the Education Code
is amended to read:
87482. (a) (1) Notwithstanding Section 87480, the governing board
of a community college district may employ any qualified individual
as a temporary faculty member for a complete school year but not less
than a complete semester or quarter during a school year. The
employment of those persons shall be based upon the need for
additional faculty during a particular semester or quarter because of
the higher enrollment of students during that semester or quarter as
compared to the other semester or quarter in the academic year, or
because a faculty member has been granted leave for a semester,
quarter, or year, or is experiencing long-term illness, and shall be
limited, in number of persons so employed, to that need, as
determined by the governing board.
(2) Employment of a person under this subdivision may be pursuant
to contract fixing a salary for the entire semester or quarter.
(b) No person, other than a person serving as clinical nursing
faculty and exempted from this subdivision pursuant to paragraph (1)
of subdivision (c), shall be employed by any one district under this
section for more than two semesters or three quarters within any
period of three consecutive years.
(c) (1) (A) Notwithstanding subdivision (b), a person serving as
full-time clinical nursing faculty, or as part-time clinical nursing
faculty teaching 67 percent or more of the hours per week considered
a full-time assignment for regular employees, may be employed by any
one district under this section for up to four semesters or six
quarters within any period of three consecutive academic years
between July 1, 2007, and June 30, 2014, inclusive.
(B) If the provisions of this paragraph are in conflict with the
terms of a collective bargaining agreement in effect on or before
January 1, 2010, the provisions of this paragraph shall govern the
employees subject to that agreement upon the expiration, amendment,
or renewal of the agreement.
(2) A district that employs faculty pursuant to this subdivision
shall provide data to the chancellor's office as to how many faculty
members were hired under this subdivision, and what the ratio of
full-time to part-time faculty was for each of the three academic
years prior to the hiring of faculty under this subdivision and for
each academic year for which faculty is hired under this subdivision.
This data shall be submitted, in writing, to the chancellor's office
on or before June 30, 2012.
(3) The chancellor shall report, in writing, to the Legislature
and the Governor on or before September 30, 2012, in accordance with
data received pursuant to paragraph (2), how many districts hired
faculty under this subdivision, how many faculty members were hired
under this subdivision, and what the ratio of full-time to part-time
faculty was for these districts in each of the three academic years
prior to the operation of this subdivision and for each academic year
for which faculty is hired under this subdivision.
(4) A district may not employ a person pursuant to this
subdivision if the hiring of that person results in an increase in
the ratio of part-time to full-time nursing faculty in that district.
SEC. 2. Section 87882 of the Education Code is
amended to read:
87882. For purposes of this article, "part-time faculty" means
any person who is employed to teach for not more than 67 percent of
the hours per week considered a full-time assignment for regular
employees having comparable duties.
SEC. 3. Section 87884 of the Education Code is
amended to read:
87884. (a) The governing board of each community college district
that establishes a program pursuant to this article shall negotiate
with the exclusive bargaining representative, or in instances where
there is no bargaining unit shall meet and confer with the faculty,
to establish a program to provide part-time faculty office hours.
(b) Any hours negotiated under this program shall not be applied
toward the 67-percent requirement as specified in Section 87882.
These hours shall not be counted towards the hours per week of
teaching adult or community college classes for purposes of acquiring
eligibility for tenure or for purposes of fulfilling any
probationary hour requirements.
(c) On or before June 1 of each year, each community college
district participating in the program shall send a verification to
the Chancellor of the California Community Colleges specifying the
total costs of the compensation paid for office hours of part-time
faculty participating in the program.
(d) Any changes made by this section to the Community College
Part-time Faculty Office Hours Program shall not affect any part-time
faculty office hours program in effect on January 1, 2000.