BILL ANALYSIS Ó
AB 1826
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Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Marty Block, Chair
AB 1826 (Hernandez) - As Amended: March 19, 2012
SUBJECT : Community colleges: full-time instructors.
SUMMARY : Prohibits a full-time faculty member of a California
Community College (CCC) district from being assigned a workload
that includes overload or extra assignments if the overload or
extra assignments exceed 50% of a full-time workload in any
semester or quarter (excluding summer terms) that commences on
or after January 1, 2013. This requirement would not supersede
a collective bargaining agreement containing restrictions
regarding overload that are more stringent. CCC districts with
collective bargaining agreements that contain 50% overload
limits would be subject to this bill beginning January 1, 2014.
The provisions of this bill would apply to the workload of
supervisory or managerial personnel who are performing faculty
work allowable under the applicable collective bargaining
agreement.
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
AB 1826
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COMMENTS : Background . The term "overload assignments" refers
to the practice of full-time 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. 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 . Many colleges and universities have
established policies regarding overload assignments. These
policies appear to vary significantly among colleges and
departments but are generally designed to ensure that the
instruction, research, and service obligations of faculty are
not compromised by the acceptance of overload assignments. Some
colleges require individual assignments to be approved by
department deans while others have negotiated district-wide caps
that range from one course to 60% of a full-time load.
According to information provided by the California Federation
of Teachers (CFT), the sponsor of this bill, at least 16 CCC
districts have established varying limits on faculty overload
assignments. This bill would establish a statewide limit of
faculty overload assignments to 50% of a full-time workload.
Purpose of this bill . According to the author, "The quality of
instruction at our CCCs is hampered when full-time faculty, by
option, by administrative fiat, or to address the need for
additional course sections, are assigned to teach course
sections well beyond their already heavy teaching loads. The
state has an interest in ensuring that our CCC students receive
quality instruction." Additionally, CFT argues that when
full-time faculty teaches overloads adjunct faculty lose income
and potentially their eligibility for health benefits.
Unclear policy rationale . As previously indicated, overload
assignment policies and limitations vary significantly among
colleges and departments. Committee staff was unable to find
research that identifies best practices for overload assignment
limits. The author and sponsor have provided no clear rationale
as to why the 50% limitation contained in this bill is the
AB 1826
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appropriate overload assignment limit.
Arguments in opposition . Antelope Valley and West Kern
Community College Districts oppose this bill, arguing that a
one-size-fits-all approach does not make any accommodation for
geographical differences among districts, nor does it address
unique needs in certain specialized subject areas. Opponents
argue that this bill is particularly punitive to rural colleges
where there are not a large number of part-time faculty members
available to pick up extra assignments.
Related legislation . AB 383 (Portantino) would have provided a
one-time stipend, amount undetermined, to a CCC district that
entered into a collective bargaining agreement that prohibited a
full-time instructor from teaching overload or extra assignments
in excess of 50% of a full-time workload. This bill failed
passage in the Assembly Higher Education Committee on January
10, 2012.
REGISTERED SUPPORT / OPPOSITION :
Support
California Federation of Teachers (Sponsor)
Opposition
Antelope Valley Community College District
West Kern Community College District
Analysis Prepared by : Laura Metune / HIGHER ED. / (916)
319-3960