BILL ANALYSIS
AB 1231
Page 1
Date of Hearing: April 15, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 1231 (Portantino) - As Amended: April 13, 2009
SUBJECT : Part-time adult school teachers: collective
bargaining.
SUMMARY : Authorizes part-time adult school teachers to
negotiate reappointment rights as a mandatory subject of
negotiation with school districts on or after January 1, 2010.
Specifically, this bill:
1)Requires that the issue of earning and retaining reappointment
rights for part-time adult school teachers be a mandatory
subject of negotiation during collective bargaining with
respect to a new or successor contract between school
districts and the exclusive bargaining representative of the
certificated employees of that district on or after January 1,
2010.
2)Defines "part-time adult school teacher" to mean a person
employed as a temporary employee who teaches adults for at
least 20% of the hours per week considered to be a full-time
assignment for a permanent employee having comparable duties.
3)Declares Legislative intent to increase adult student success,
improve academic quality and ensure diversity and program
integrity in California's adult education system by fostering
continuity of employment for part-time teachers who have
taught for many years at the same adult school.
4)Makes Legislative findings and declarations related to the
important contributions made by part-time adult school
teachers; and, that process and orienting new teachers is a
cost item for districts while re-appointing experienced
teachers would be a cost savings to districts.
EXISTING LAW :
1)Requires that any adult school teacher who teaches less than
60% of the hours per week considered to be a full-time
assignment for regular employees having comparable duties be
classified as a temporary employee and prohibits such an
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employee from becoming a probationary employee for purposes of
gaining permanent status.
2)Specifies that K-12 teachers may be employed as temporary
employees for the first semester; and, if they are continued
in employment beyond the first semester shall be deemed
probationary employees for the entire school year; and,
requires any such employee to be reemployed for the following
semester or school year to fill any vacant positions in the
school district for which the employee is certified.
3)Specifies that a K-12 teacher classified as a substitute or
temporary employee, who served during one school year for at
least 75% of the days, shall be deemed to have served a
complete school year as a probationary employee if employed as
a probationary employee for the following school year.
FISCAL EFFECT : Unknown
COMMENTS : The Educational Employment Relations Act (EERA) of
1976 establishes collective bargaining in California's public
schools (K-12) and community colleges. According to California
School Law by Frank Kemerer, et al., "EERA does not impose
collective bargaining on school districts. It leaves the
decision to form and join a union to employees and the process
of negotiating a contract to the union and the school district.
But it does provide the legal framework within which collective
bargaining occurs. Its purpose is to promote, 'the improvement
of personnel management and employer-employee relations within
the public school system in the State of California by providing
a uniform basis for recognizing the right of public school
employees to join organizations of their own choice, to be
represented by the organizations in their professional and
employment relationships with public school employers, to select
one employee organization as the exclusive representative of the
employees in an appropriate unit, and to afford certificated
employees a voice in the formulation of educational policy.'
The statute sets forth a number of unfair, or prohibited, labor
practices for both public school employers and employee
organizations. It is unlawful for both employers and unions to
penalize employees for excercising their rights under EERA, to
refuse to meet and negotiate in good-faith, and to refuse to
particiapte in efforts to resolve differences when negotiations
break down. EERA also requires good-faith negotiations over
mandatory subjects of bargaining before employers can impose a
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change unilaterally."
Adult education is funded as a State categorical program and the
program funding was reduced from approximately $655 million for
the 2008-09 budget year to approximately $635 million for the
2009-10 budget year. One unit of average daily attendance (ADA)
is based on 525 hours of instruction. Adult education teachers
are credentialed teachers; are usually on a separate salary
schedule than regular K-12 teachers; and, are usually paid on an
hourly basis for the number of classes they teach.
In general, regular K-12 part-time temporary teachers attain
reappointment rights as part of State statute, whereas, adult
school part time temporary teachers do not have reappointment
rights established by statute. This bill authorizes
negotiations on the subject of reappointment rights for adult
school part-time temporary teachers as a mandatory subject of
negotiations, if one party initiates negotiations on the
subject. Therefore, this bill does not automatically grant
reappointment rights for adult education part-time temporary
teachers, in the same way a state-wide policy would; and,
instead allows the issue to be locally bargained.
According to the author, "State law currently provides job
security to part-time teachers in both K-12 schools and the
community colleges with reappointment, or re-hiring, rights for
teachers who are laid off due to reductions in funding or course
offerings. Adult education teachers are the only teachers who
are not covered by present statutes. Three hundred twenty-seven
school districts offer adult education in ten programs,
including language acquisition, basic skills and high school
diplomas, and career technical education. Addressing the
state's workforce development needs is inextricably tied to
improving the education and skills base of the state's adult
population - adult education is the largest provider of these
services in California and also the most cost effective. Many
adult education teachers work simultaneously in multiple school
districts or as adjunct instructors in community colleges.
Because their work is part-time, their need for job stability is
greater, not less than, that of a full-time teacher."
According to the California Federation of Teachers, "We believe
that AB 1231 will help students, faculty, and institutions by
increasing the stability of the system. Institutions gain by
having a more stable workforce through demonstrating a
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commitment to continue the services of a quality and effective
teacher. Students will know that classes will be taught by
teachers experienced not only in the subject matter but also in
teaching at that institution. There is little justification for
not negotiating on this issue. Bargaining will give local
districts ample opportunity to assess local needs in light of
curricular demands. Adult education teachers, whether full-time
or part-time, are required to be credentialed. Local hiring
procedures are required to be systematic, and subject to public
scrutiny for fairness. It is time to recognize the contribution
of California's part-time adult education teachers by addressing
their need for security of employment."
The Association of California School Administrators (ACSA) has
taken an oppose position and argues, "AB 1231 eliminates the
flexibility that adult schools must have to address the unique
needs of their programs. By requiring school districts to
establish rules and regulations regarding the employment of
part-time adult education teachers, AB 1231 creates unknown but
significant mandated costs for school districts and a precedent
for providing reappointment rights to other temporary
employees."
The California School Boards Association has an oppose position
and argues, "AB 1231 expands the scope of bargaining and reduces
flexibility for school districts struggling in the face of deep
budget cuts and layoffs. Adult education differs from
kindergarten through grade 12 programs in that content is driven
by community interests and workforce needs. As demand and
interests shift, the need for instructors may change abruptly.
School districts need flexibility to adapt to changing
circumstances."
According to the California Federation of Teachers, under the
provisions of this bill, school districts will have the ability
to negotiate the terms of the reappointment rights of adult
school teachers and the negotiated contracts could include
flexibility for school districts not to reappoint teachers if a
class is not offered, even up to and beyond the first day of
class.
Committee Amendment : Last year's version of the bill included in
its definition of "part-time adult school teacher" a
specification that these teachers have a satisfactory job
performance review. Staff recommends the bill be amended to
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reinstate that definition.
Referral to Appropriations Committee . This bill is keyed
non-fiscal, however, by expanding the scope of collective
bargaining, it potentially creates a cost pressure on school
districts and, therefore, if the bill is passed by the Assembly
Education Committee it will be referred to the Committee on
Appropriations to consider the fiscal implications. The
Assembly Appropriations Committee has requested this bill be
referred to them.
Previous legislation . AB 2053 (Karnette) from 2008 would have
authorized part-time adult school teachers to negotiate
reappointment rights as a mandatory subject of negotiation with
school districts on or after January 1, 2009. The bill was
held on the Assembly Appropriations Suspense file. According to
the Assembly Appropriations Committee the bill had "General
Fund/Proposition 98 (GF/98) state reimbursable mandated costs,
likely in excess of $220,000, to require annual reappointment
rights of part-time adult education teachers to be a part of the
collective bargaining process. Actual costs will depend on the
number of school districts that currently collectively bargain
this issue. There is a collective bargaining mandate for K-12
public schools, which totals approximately $30 million GF/98
annually. However, the state has deferred the payment of K-12
mandates for the last several years. In total, the state owes
approximately $166.9 million GF/98 in prior year claims for the
collective bargaining mandate. To the extent this measure leads
to increased compensation (including benefits) for part-time
adult education teachers, there is unknown, potential GF/98 cost
pressure, likely in the range of $1 million to $5 million, to
school districts."
AB 1245 (Alquist), Chapter 850, Statutes of 2001, required that
reappointment rights for specified community college part-time
faculty be a mandatory subject of negotiation for community
college part-time faculty.
REGISTERED SUPPORT / OPPOSITION :
Support
United Teachers Los Angeles (Sponsor)
California Federation of Teachers (Co-Sponsor)
AB 1231
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Opposition
Association of California School Administrators
California School Boards Association
Small School Districts Association
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087