BILL NUMBER: AB 2132	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 23, 2012

   An act to add Article 5.4 (commencing with Section 66054) to
Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code,
relating to public postsecondary education.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2132, as introduced, Lara. Public postsecondary education:
tenure policy.
   Existing law authorizes the granting of tenure to academic
employees in public postsecondary institutions. The existing Donahoe
Higher Education Act sets forth the missions and functions of the
segments of postsecondary education in this state, including the 3
public postsecondary segments: the California Community Colleges, the
California State University, and the University of California.
Provisions of the act apply to the University of California only to
the extent that the Regents of the University of California, by
appropriate resolution, make those provisions applicable. Existing
provisions of the act express the intent of the Legislature that the
3 public postsecondary segments adopt and enforce policies and
procedures that ensure that teaching is an important factor in the
evaluation of faculty for appointment, retention, promotion, and
tenure.
   This bill would express the intent of the Legislature that each of
the segments of public postsecondary education develop and adopt
tenure policies aimed at encouraging and rewarding service, both to
the campus community and to the community outside of the campus,
provided by faculty members.
   The bill would require the Board of Governors of the California
Community Colleges and the Trustees of the California State
University, and request the regents, to take specified actions during
the 2013-14 academic year, for implementation commencing with the
2014-15 academic year, to develop and distribute throughout their
respective segments transparent criteria for tenure that include
service, to identify opportunities for service for tenure track
faculty, and to encourage and reward participation in these types of
service by giving favorable consideration to candidates for tenure
who successfully participate in these service activities. The bill
would also require the board of governors and trustees, and request
the regents, to consult with the academic senates of their respective
segments and with student and community organizations and to act
consistently with applicable collective bargaining agreements in
carrying out these responsibilities.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 5.4 (commencing with Section 66054) is added to
Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code,
to read:

      Article 5.4.  Tenure Policy


   66054.  (a) The Legislature finds and declares all of the
following:
   (1) In subdivision (a) of Section 66052 of the Education Code, the
Legislature has specifically found and declared that "there is a
need to encourage policies that enhance the quality of teaching
within the segments of higher education."
   (2) In subdivision (b) of Section 66052 of the Education Code, the
Legislature has specifically expressed its intent "that the
University of California adopt and enforce policies and procedures
which ensure that quality teaching is an essential criterion, along
with research, in the evaluation of faculty for appointment,
retention, promotion, and tenure."
   (3) In subdivision (b) of Section 66052 of the Education Code, the
Legislature also specifically expressed its intent "that the
California State University and the governing board of each community
college district adopt and enforce policies and procedures that
ensure that teaching is given primacy in the evaluation of faculty
for appointment, retention, promotion, and tenure."
   (4) A common attribute of an outstanding teacher is the
willingness of that faculty member to expend time and energy in
giving service both to the campus community and to the greater
community outside of the campus where he or she teaches.
   (5) This service can take many forms, which include, but are not
limited to, the following: involvement in civic activities, advising
and tutoring students, working in outreach programs aimed at
promoting cultural diversity in the student body, teaching extension
and service-learning courses, and consulting with or addressing
student and community organizations.
   (b) Therefore, it is the intent of the Legislature that each of
the segments of public postsecondary education develop and adopt
tenure policies aimed at encouraging and rewarding the service, both
to the campus community and to the community outside of the campus,
that is valuably and selflessly provided by so many faculty members
throughout the segments.
   66054.1.  (a) The Board of Governors of the California Community
Colleges and the Trustees of the California State University shall,
and the Regents of the University of California are encouraged to,
accomplish all of the following during the 2013-14 academic year, for
implementation commencing with the 2014-15 academic year:
   (1) Develop and distribute throughout their respective segments
transparent criteria for tenure that include service, both to the
campus community and to the community outside of the campus, as a
critical factor in the evaluation of a candidate for tenure.
   (2) Identify, and notify tenure track faculty about, opportunities
for the types of service that fit the criteria developed under
paragraph (1).
   (3) Encourage and reward participation in the types of service
identified under paragraph (2) by giving favorable consideration to
candidates for tenure who successfully participate in these service
activities and can substantiate how this participation informs and
enriches their teaching.
   (b) In fulfilling their responsibilities under subdivision (a),
the board of governors and the trustees shall, and the regents are
encouraged to, do both of the following:
   (1) Consult with the academic senates of their respective segments
and with student and community organizations.
   (2) Take actions that are consistent with applicable collective
bargaining agreements.