BILL NUMBER: AB 2132 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 28, 2012
PASSED THE ASSEMBLY AUGUST 29, 2012
AMENDED IN SENATE AUGUST 24, 2012
AMENDED IN SENATE JULY 6, 2012
AMENDED IN ASSEMBLY MAY 25, 2012
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
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, 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 the
California State University and the University of California 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 Trustees of the California State
University, and request the regents, to take specified actions during
the next review of the retention, tenure, and promotion policies at
each campus, or before the end of the 2017-18 academic year,
whichever occurs first, to recognize and reward service as
appropriate for each discipline, as specified; to consider the extent
to which specified forms of service may be recognized for purposes
of appointment, promotion, retention, and tenure review; and to
develop and distribute throughout their respective segments
transparent criteria for tenure that include service, if criteria of
that type that are academically appropriate for each discipline have
not previously been adopted in that segment. The bill would also
require the 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (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 faculty member is the
willingness to expend time and energy in teaching, research, and
service to the campus community and to the greater community outside
of the campus.
(b) Therefore, it is the intent of the Legislature that the
California State University and the University of California 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.
SEC. 2. 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 Trustees of the California State University shall,
and the Regents of the University of California are encouraged to,
accomplish the following during the next review of the retention,
tenure, and promotion policies at each campus, or before the end of
the 2017-18 academic year, whichever occurs first:
(1) (A) Recognize and reward service as appropriate for each
discipline. The significant service contributions of a candidate for
tenure shall be documented before those service contributions may be
used as a basis for a favorable tenure decision.
(B) Consider, as part of the implementation of this subdivision,
the extent to which forms of service, including those listed in
subparagraph (C), may be recognized for purposes of appointment,
promotion, retention, and tenure review.
(C) (i) Serving on community boards and committees.
(ii) Engaging in civic activities.
(iii) Working in outreach programs developed to promote cultural
diversity in the student body.
(iv) Consulting with governmental or nonprofit agencies
established to address student and community needs.
(v) Developing programs for underserved populations.
(vi) Research and creative activities that benefit communities.
(vii) Consulting with or addressing student and community
organizations.
(viii) Any other service activities that are focused on improving
the health and well-being of society.
(2) Develop and distribute throughout their respective segments
transparent criteria for tenure that include service, if no criteria
of that type that are academically appropriate for each discipline
have previously been adopted in that segment. Service is a critical
factor in the evaluation of a candidate for tenure.
(b) In fulfilling their responsibilities under subdivision (a),
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.