BILL ANALYSIS �
AB 383
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Date of Hearing: January 10, 2012
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 :
1)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.
2)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
AB 383
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subject of collective bargaining. Additionally, in the 2009-10
academic year 18,482 instructors taught 64,489 overload courses
within the CCC system. For purposes of 75/25, in calculating
the full-time/part-time faculty ratio, overload courses are
excluded from the calculation.
Overload limits. While research generally supports the
importance of full-time faculty as a factor in student success,
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 have negotiated limits on overload
assignments.
Purpose of this bill. 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.
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.
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.
Implementation date . Should this bill move forward in its
current form, a technical amendment is needed to adjust the
implementation date from January 1, 2012, to January 1, 2013.
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REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Teachers (Sponsor)
Opposition
None on File
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960