BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 182
                                                                  Page  1

          Date of Hearing:   June 23, 2009

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                              Anthony Portantino, Chair
                 SB 182 (Ashburn) - As Introduced:  February 17, 2009

                       AS PROPOSED TO BE AMENDED (RN 09 18282)

           SENATE VOTE  :   26-5
           
          SUBJECT  :   Community college nursing faculty.

           SUMMARY  :   Allows temporary clinical nursing faculty at  
          California Community Colleges (CCC) to teach an unlimited number  
          of semesters or quarters within any consecutive three year  
          period until June 30, 2014.  Specifically,  this bill  :   

          1)Expands existing law to allow temporary clinical nursing  
            faculty at CCC to teach an unlimited number of semesters or  
            quarters within any consecutive three year period until June  
            30, 2014 thereby allowing CCC districts to employ temporary  
            clinical nursing faculty for an unlimited number of  
            consecutive semesters through June 30, 2014.

          2)Expands existing reporting requirements to require CCC  
            districts to report to the Chancellor by June 30, 2010, and  
            each year thereafter until June 30, 2012 regarding the number  
            of faculty hired pursuant to the aforementioned law, and  
            specific information regarding the ratio of full-time to  
            part-time faculty.

          3)Expands existing reporting requirements to require the CCC  
            Chancellor to report to the Legislature and the Governor by  
            September 30, 2010, and each year thereafter until September  
            30, 2012, regarding the number of CCC districts that hired  
            faculty pursuant to the aforementioned law, and the ratio of  
            full-time to part-time faculty for these CCC districts.

          4)Provides that a CCC district may employ temporary clinical  
            nursing faculty even if the hiring of such faculty results in  
            an increase in the ratio of part-time to full-time nursing  
            faculty in that CCC district.

          5)Excludes the hours of instruction taught by part-time and  
            full-time clinical nursing faculty from the calculation of the  








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            percentage of hours of credit instruction taught and from the  
            minimum standards established by the CCC Board of Governors  
            (BOG) regarding the percentage of hours of credit instruction  
            that is required to be taught by full-time instructors.

           EXISTING LAW  :

          1)Limits temporary clinical nursing faculty at CCC to teaching  
            four semesters or six quarters in any three-year period until  
            June 30, 2014.  After June 30, 2014, temporary clinical  
            nursing faculty at CCC are limited to teaching two semesters  
            in any three-year period. 

          2)Requires the CCC Chancellor to report to the Legislature and  
            the Governor by September 30, 2012, regarding the number of  
            CCC districts that hired faculty pursuant to the  
            aforementioned law, and the ratio of full-time to part-time  
            faculty for these CCC districts.

          3)Prohibits a CCC district from hiring temporary clinical  
            nursing faculty if such hiring results in an increase in the  
            ratio of part-time to full-time nursing faculty in that CCC  
            district.  

          4)Establishes legislative intent that at least 75% of the credit  
            hours taught at CCC districts be taught by full-time  
            instructors, requires CCC BOG to adopt regulations to  
            establish minimum standards regarding the appropriate  
            percentage of credit instruction that should be taught by  
            full-time instructors, and requires the CCC Chancellor to  
            calculate specified information relative to credit instruction  
            hours taught by part-time and full-time faculty.

           FISCAL EFFECT  :  Unknown

           COMMENTS  :   California shortage of nursing faculty :  According to  
          the Board of Registered Nursing 2007-08 Annual School Report,  
          "expansion in Registered Nurse (RN) education has required  
          nursing programs to hire more faculty to teach the growing  
          number of students. Although the number of nursing faculty has  
          grown by 87.3% since 2000-2001, faculty hires have not kept pace  
          with the growth in California pre-licensure nursing programs.   
          In 2007-2008, 170 faculty vacancies were reported, representing  
          a faculty vacancy rate of 4.7%.  Although this vacancy rate is  
          the lowest reported in four years, RN programs will not be able  








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          to continue their expansion without more faculty."

           CCC nursing education programs  :  According to the CCC  
          Chancellor's Office (CCCCO) Report on Nursing Education Programs  
          released in April of 2009, there are 74 CCC campuses currently  
          operating RN programs, enrolling a total of 13,047  
          full-time-equivalent students.  Enrollments have increased by  
          about 48% over the last three to four years due to the  
          development of new programs, and expansion of enrollment  
          capacity through partnerships with the health care industry, and  
          federal and state funded programs and grants.  

          The numbers of temporary CCC nursing faculty has grown in recent  
          years, while at the same time the number of tenured/tenure track  
          faculty has remained relatively stagnant.  According to  
          information provided by the CCCCO, in the Fall term of 2002,  
          there were 571 (52.6%) tenured/tenure track faculty and 515  
          temporary nursing faculty.  By the Fall 2007 term, the number of  
          tenured/tenure track faculty had dropped to 552 (41.7%) while  
          the number of temporary nursing faculty grew to 772 (58.3%).   
          This growth in temporary nursing faculty can largely be  
          attributed to enrollment expansion efforts funded by grants.  

           Purpose of this bill  :  According to the author, this bill seeks  
          to alleviate the nursing shortage by assisting CCC in the  
          recruitment and retention of nursing faculty. This bill will  
          remove limitations on the number of semesters that part-time  
          clinical nursing faculty are permitted to teach.  These changes  
          will allow CCC nursing programs to better recruit and retain  
          clinical nursing faculty.  Without this bill, nursing programs  
          statewide will have to lay-off clinical nursing faculty.  This  
          bill applies only to nursing programs, is further limited to  
          clinical instructors and is subject to the sunset already in  
          statute (June 30, 2014). 

           Appropriate timing of this bill  :  SB 1309 (Scott), Chapter 837,  
          Statutes of 2006, increased, until June 30, 2014, the number of  
          semesters in a three year period, from two semesters to four  
          semesters, that temporary part-time clinical nursing faculty are  
          allowed to teach, provided that it does not result in an  
          increase in the ratio of part-time to full-time nursing faculty  
          in the CCC district.  The CCC Chancellor is required to submit  
          to the Legislature by September 30, 2012, a report detailing the  
          numbers of faculty hired under this statute and the ratio of  
          full-time to part-time faculty in the CCC districts.  CCC  








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          districts are just ending the second full academic year under  
          these new provisions.  In light of this, the committee may wish  
          to consider if this bill is premature.  

          Related legislation  :  AB 492 (Conway), pending in the Senate,  
          expands existing law to allow temporary clinical nursing faculty  
          at CCC to teach an unlimited number of semesters or quarters  
          within any period of three consecutive years until June 30,  
          2014.

          SB 1620 (Ashburn) of 2008, which failed passage in the Assembly  
          Appropriations, would have allowed temporary clinical nursing  
          faculty at three CCC districts, as selected by the Chancellor of  
          the CCC, to teach an unlimited number of semesters between July  
          1, 2009 and June 30, 2012.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Hospital Association
          Community College League of California
            Kern Community College District
          Los Angeles Community College District

           Opposition 
           
          California Federation of Teachers
          California Labor Federation
          California Nurses Association
          California Teachers Association
          Faculty Association of California Community Colleges


           Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916)  
          319-3960