BILL ANALYSIS �
AB 383
Page 1
Date of Hearing: April 12, 2011
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 383 (Portantino) - As Amended: March 21, 2011
SUBJECT : Public postsecondary education: community colleges.
SUMMARY : Would provide a one-time stipend, amount as yet
undetermined, to a California Community College (CCC) district
that enters into a collective bargaining agreement that
prohibits a full-time instructor from teaching overload or extra
assignments in excess of 50% of a full-time workload in any
semester that commences on or after January 1, 2012.
EXISTING LAW expresses Legislative intent and makes Legislative
findings and declarations regarding temporary faculty, including
that, whenever possible, CCC temporary faculty be compensated
appropriately and extended certain professional privileges.
Requires the CCC Board of Governors (BOG) to adopt regulations
regarding the percent of credit instruction to be taught by
full-time faculty, and authorizes CCC districts with less than
75% full-time instructors to apply a portion of their
"program-improvement" funds toward reaching the 75% standard
(commonly referred to as "75/25"). A complete summary of
existing law regarding the employment of CCC faculty is beyond
the scope of this analysis; however, it is important to note
there are extensive, complex statutes, many of which apply to
regular, contract, and temporary academic employees in a wide
array of situations related to multiple aspects of CCC district
employment.
FISCAL EFFECT : Unknown
COMMENTS : Background : The term "overload assignments" refers
to the practice of tenured faculty electing to teach additional
courses, with additional pay, beyond his/her normal full-time
teaching load. According to the CCC Chancellor's Office (CCCCO)
Report on Staffing for Fall 2010, the average rate for overload
instruction was $68.36 hourly, while the average hourly salary
for part-time/temporary was $66.58. Salary schedules are a
subject of collective bargaining. Additionally, in the 2009-10
academic year 18,482 instructors taught 64,489 overload courses
within the CCC system. While research generally supports the
importance of full-time faculty as a factor in student success,
AB 383
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concerns have been raised that the assignment of excessive
course overloads to full-time faculty can negatively impact the
quality of instruction, harm student progress, and impair the
ability of full-time tenured faculty to perform other
professional duties. Additionally, from the perspective of
part-time faculty, when full-time faculty teach overloads
adjuncts lose income and potentially their eligibility for
health benefits. In response to these concerns, some CCC
districts and unions are negotiating limits on overload
assignments. This bill would continue to allow CCC districts
and unions to negotiate the terms of overload limits at the
local level but would provide a financial incentive for a CCC
district to limit overloads to 50% of a full-time workload. For
purposes of 75/25, in calculating the full-time/part-time
faculty ratio, overload courses are excluded from the
calculation.
Purpose of this bill : According to the author, the quality of
instruction at CCCs is hampered when full-time faculty are
assigned to teach course sections well beyond their already full
teaching loads. The author notes that full-time teaching loads
at CCC are already well above those at the California State
University (CSU) and the University of California (UC),
averaging 30 units per year, as compared to 24 at CSU and 18 at
UC. The author argues that the state has an interest in
ensuring that CCC students receive adequate attention from
faculty. This bill will provide an incentive for CCC districts
to limit full-time faculty overload assignments exceeding 50% of
a full-time workload.
Arguments in support : The California Federation of Teachers
(CFT) is the sponsor of this bill and notes that while current
law establishes a workload limitation for part-time faculty (67%
of the load of a full-time faculty) current law does not address
the maximum workload for a full-time employee. CFT argues the
quality of instruction can be compromised when colleges assign
full-time faculty course sections well beyond their already
heavy teaching loads.
Overload limit : This bill establishes an overload limit of 50%
of a full-time instruction load. Committee staff understands
that this figure is based on the limit established in Resolution
20 approved at the CFT convention in March 2010 and represents a
generally accepted overload limit among CFT membership that
ensures educational quality and faculty equality.
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Stipend amount : This bill would provide a one-time stipend,
with funds appropriated from the General Fund to CCC districts
that enter into collective bargaining agreements that adhere to
this overload limit. The stipend amount is yet undetermined.
Committee staff understands that the author is currently working
with stakeholders to determine the appropriate amount that will
work to encourage CCC districts to enter into agreements that
limit overload. The author and sponsor may also wish to examine
the approach used in AB 1245 (Alquist), Chapter 850, Statutes of
2001, which required the issue of reappointment rights for
temporary faculty be a subject of negotiation during collective
bargaining.
CCC and the state budget : California's budget shortfall is
estimated at $26.6 billion. In response, the 2011-12 State
Budget includes $12.5 billion in cuts to California programs.
CCCs are faced with an anticipated $400 million in unallocated
reductions to apportionments and a student fee increase of $10
per student, raising CCC fees from $26 to $36 per unit. This
bill proposes a one-time stipend, in an amount as yet
undetermined appropriated from the General Fund, for CCC
districts that limit overload assignments. The Committee may
wish to consider how this proposal might impact funding for CCC
and the overall state budget.
REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Teachers (Sponsor)
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960