BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1892
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          Date of Hearing:   April 20, 2010

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Marty Block, Chair
                AB 1892 (Mendoza) - As Introduced:  February 16, 2010
           
          SUBJECT  :   Community colleges: part-time faculty: health  
          insurance.

           SUMMARY  :  Expresses Legislative intent that commencing with the  
          2011-12 fiscal year, sufficient funds be appropriated to  
          reimburse California Community College (CCC) districts for the  
          costs incurred from participation in the Part-Time Community  
          College Faculty Health Insurance Program (Program), deletes  
          language providing that provisions of the Program shall only be  
          operative in years where funds are appropriated, and makes other  
          related changes.

           EXISTING LAW  allows CCC districts, in conjunction with the CCC  
          Chancellor's Office, to establish and participate in the  
          Program.

           FISCAL EFFECT  :  Unknown.  However, according to the 2009  
          Assembly Appropriations Committee analysis of similar Program  
          expansion provisions, health insurance costs for part-time  
          faculty would be in the tens of millions of dollars.   
          Participating districts paid $12,404,276 for premiums in  
          2006-07, with only 3,453 part-time faculty members participating  
          in the Program statewide.  There were over 45,257 part-time  
          faculty in the system in 2008, though not all would be covered  
          as the Program requires eligible faculty to teach at least 40%  
          of a full-time schedule. 

           COMMENTS  :   Background  :  In the last several decades, the  
          Legislature has examined numerous bills dealing with CCC  
          districts hiring part-time (temporary) faculty members in lieu  
          of full-time faculty.  The primary reasons CCC districts utilize  
          part-time faculty are associated with the lower costs of such  
          faculty.  While the debate over the positive and negative  
          aspects of using of part-time faculty is ongoing, 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 part-time faculty.  Several studies on CCC part-time  
          faculty found that CCC districts pay part-time faculty  








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          significantly less than full-time faculty performing the same  
          duties, and nearly half of part-time faculty reported not  
          receiving any type of benefits.  In 2008, 18,200 members of CCC  
          teaching faculty were full-time (tenure or tenure track) and  
          45,257 were classified as temporary.  
           
           Statutory and budgetary history:  Over the years, the  
          Legislature has approved a number of bills to improve working  
          conditions for part-time and temporary faculty.  One such  
          effort, AB 3099 (Campbell), Chapter 943, Statutes of 1996,  
          established the Program.  AB 3099 allowed CCC districts, in  
          conjunction with the CCC Chancellor's Office, to establish and  
          participate in the Program in order to provide part-time CCC  
          faculty teaching at least 40% of a full-time schedule and their  
          eligible dependants with the option of accessing health  
          insurance benefits.  The law authorizes the allocation of  
          matching state funds to the Program to CCC districts that choose  
          to participate to the extent those funds are allocated to CCC in  
          the annual Budget Act.  Additionally, the law states Legislative  
          intent that ongoing funding of the Program be subject to annual  
          Budget Act appropriations.  Historically, the Program has  
          received a statewide allocation of $1million.  However, the  
          approved 2009-10 Budget Act allocated $490,000 to the Program,  
          and the same amount is proposed to be allocated in the  
          Governor's January 2010-11 Budget.  
           
          Purpose of this bill:  The author notes that the Program was  
          intended to provide CCC districts with reimbursement of 50% of  
          the cost of providing benefits to part-time faculty and their  
          dependants, with the remaining costs being paid by the general  
          funds of the CCC districts or the out of pocket expenses of the  
          Program participants.  However, in 2006-07, CCC districts made  
          claims on the $1million totaling $8,186,935, creating a deficit  
          factor of slightly more than 88%, meaning CCC districts received  
          only 12 cents on the dollar for their claims.  The author notes  
          that the budget cuts in 2009-10 and 2010-11 will result in a  
          deficit factor of 94%, or six cents on the dollar for CCC  
          district claims.  The author hopes that this bill will help the  
          Program reach its intended goal and ensure part-time faculty can  
          obtain health insurance.

           Changes to funding in the 2009-10 State Budget  :  It is important  
          to note that the 2009-10 State Budget established new  
          flexibility provisions for CCC categorical programs.  The  
          Program is included in this flexibility provision, meaning that  








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          a CCC district's funding allocation is no longer determined  
          based on its current health insurance costs and that a CCC  
          district can transfer the funds from this Program to any other  
          categorical program.  These provisions are in place through  
          2012-13.  Considering these spending flexibility provisions, the  
          author should consider if this bill will accomplish its intended  
          goal without the Program being removed from the flexibility  
          provisions.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Teachers Association (Sponsor)
          California Federation of Teachers
          Faculty Association of California Community Colleges

           Opposition 
           
          None on File
           
          Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960