California Legislature—2013–14 Regular Session

Assembly Bill No. 2705

Introduced by Assembly Member Williams

February 21, 2014

An act to amend Sections 87102, 87151, 87415, 87424, 87482.5, 87482.6, 87482.8, 87482.9, 87601, 87604, 87860, 87861, 87862, 87863, 87864, 87867, 87880, 87881, 87882, 87883, 87884, and 87885 of, to amend the headings of Article 9 (commencing with Section 87860) of, and Article 10 (commencing with Section 87880) of, Chapter 3 of Part 51 of Division 7 of Title 3 of, and to repeal Section 87482.4 of, the Education Code, relating to community colleges.

LEGISLATIVE COUNSEL’S DIGEST

AB 2705, as introduced, Williams. Community colleges: faculty.

Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Under existing law, community college districts are authorized, among other things, to maintain and operate campuses, employ faculty and other employees, and provide instruction to students. Existing law provides for several classifications of community college faculty, including full-time, contract, and part-time faculty.

This bill would revise numerous statutes related to community college faculty to change references from “full-time” and “part-time” faculty to “regular” faculty, “contract” faculty, and “associate” faculty. The bill would also make nonsubstantive changes in these statutes.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) The terms “part-time faculty” and “temporary faculty” do
not adequately describe the qualifications, contributions, and
importance of the community college faculty to whom those terms
have been applied.

(2) “Associate faculty” is a more accurate and useful term with
which to refer to these educators, who are so integral to the
successful functioning of community colleges in this state.

(3) There are inconsistencies in the Education Code with regard
to the definitions of community college faculty, and the Legislature
seeks to standardize the terms “regular faculty,” “contract faculty,”
and “associate faculty.”

(b) It is the intent of the Legislature, in enacting this act, to act
consistently with, and in no way to compromise or limit, the
holding of the Court of Appeals in the case of Cervisi v.
Unemployment Insurance Appeals Board (1989), 208 Cal.App.3d
635.

SEC. 2.  

Section 87102 of the Education Code is amended to
read:

87102.  

(a) As a condition for the receipt of funds pursuant to
Section 87107, the governing board of community college district
that opts to participate under the article shall periodically submit
to the board of governors an affirmation of compliance with this
article. Each participating district’s equal employment opportunity
program shall ensure participation in, and commitment to, the
program by district personnel. Each participating district’s equal
employment opportunity plan shall include steps that the district
will take in eliminating improper discrimination or preferences in
its hiring and employment practices. Each plan shall address how
the district will make progress in achieving the ratio of begin delete full-time
to part-time end delete begin insert regular and contract faculty to associate end insert faculty hiring,
as indicated in Section 87482.6, while still ensuring equal
employment opportunity.

(b) Each participating district’s equal employment opportunity
plan is a public record within the meaning of the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).

SEC. 3.  

Section 87151 of the Education Code is amended to
read:

87151.  

The Board of Governors of the California Community
Colleges shall annually allocate funds appropriated for the purposes
of this article to each community college district whose chief
executive officer has submitted to the chancellor an affidavit begin delete which end delete
begin insert that end insert includes:

(a) A statement that each campus within the begin insert community college end insert
district has an advisory committee, composed of administrators,
begin insert regular, contract, and associate end insert faculty, and staff representatives,
which has assisted in the assessment of the faculty and staff
development needs and in the design of the plan to meet those
needs.

(b) A campus human development resources plan has been
completed for the current and subsequent fiscal years.

(c) A report of the actual expenditures for begin insert regular, contract,
and associate end insert faculty and staff development for the preceding year.

SEC. 4.  

Section 87415 of the Education Code is amended to
read:

87415.  

The following general provisions shall apply begin delete regardless
of end delete begin insert irrespective of the end insert date of employment:

begin delete

The

end delete

begin insert (a) end insert begin insert   end insert begin insert The end insert order once determined by lot shall be permanent, and
shall be entered on the permanent records of the begin insert community college end insert
district.

begin delete

Records

end delete

begin insert (b) end insert begin insert   end insert begin insert Records end insert showing date of employment, whether kept by the
begin insert community college end insert district or by the county, shall be accessible,
on demand, to any academic employee of the district or to his or
her designated representative.

begin delete

In

end delete

begin insert (c) end insert begin insert   end insert begin insert In end insert the absence of records as to any of the matters referred
to in the two preceding sections, the begin delete board end delete begin insert governing board of the
community college district end insert , in accordance with evidence presented,
shall determine the order of employment after giving employees
a reasonable opportunity to present begin delete such end delete begin insert this end insert evidence.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert governing board of every community college district
shall establish the order of employment of all begin delete contract or regular end delete
begin insert regular, contract, and associate end insert employees of the district in the
manner prescribed by Sections 87400 to 87424, inclusive, and
shall keep a roster of begin delete same end delete begin insert the order of employment end insert as a public
record.

begin delete

Whether

end delete

begin insert (e) end insert begin insert   end insert begin insert Whether end insert or not a roster is kept in other begin insert community college end insert
districts, the order of employment in all begin insert community college end insert
districts, when required, shall be determined as prescribed by
Sections 87400 to 87424, inclusive.

begin delete

The board

end delete

begin insert (f) end insert begin insert   end insert begin insert The governing board of end insert begin insert a community college district end insert shall
have power begin insert , end insert and it shall be its duty begin insert , end insert to correct any errors discovered
from time to time in its records showing the order of employment.

SEC. 5.  

Section 87424 of the Education Code is amended to
read:

87424.  

begin insert (a) end insert begin insert   end insert If begin delete the end delete begin insert a regular, contract, or associate end insert employee
from begin delete the end delete begin insert a community college end insert district within the state who serves
as an exchange instructor begin delete without end delete begin insert outside of end insert the state and the
governing board regularly employing him or her so agree, the
district may pay his or her regular salary, making all deductions
provided by law for retirement purposes, during the period of the
exchange teaching. In begin delete such case, the end delete begin insert this situation, the community
college end insert district shall not pay the salary of the exchange employee
from begin delete without end delete begin insert outside of end insert the state, serving the district in exchange
for its regular instructor.

begin delete

(b) In the event an

end delete

begin insert (b) end insert begin insert   end insert begin insert If a regular, contract, or associate end insert employee from a
begin insert community college end insert district within this state serving as an exchange
instructor begin delete without end delete begin insert outside of end insert the state begin delete and end delete begin insert , end insert to whom the governing
board of begin delete such end delete begin insert that end insert district is paying the regular salary of begin delete such end delete begin insert that end insert
instructor as herein provided, is compelled to absent himself or
herself from his or her duties because of injury, illness, or
quarantine, the governing board of the begin insert community college end insert district
within this state may pay the substitute employed to take the place
of begin delete such end delete begin insert that end insert instructor and shall deduct the amount begin delete so paid end delete begin insert paid
to end insert the substitute from the compensation of the employee.

SEC. 6.  

Section 87482.4 of the Education Code is repealed.

begin delete

87482.4.  

(a) The Legislature finds and declares that, in the
state’s community college system, teaching constitutes a greater
share of the faculty workload, as compared to the California State
University or the University of California systems. California’s
community college system requires that a faculty member hold,
as a basic qualification, a master’s degree. Furthermore, the
community college system uses a different professional review
process, as compared to the California State University or the
University of California systems.

(b) The California Postsecondary Education Commission shall
conduct a comprehensive study of the California Community
College system’s associate faculty employment, salary, and
compensation patterns as they relate to full-time community college
faculty with similar education credentials and work experience.
The study shall include a representative sample of urban, rural,
and suburban community colleges in California, and shall also
refer to similarly situated community colleges in other states.

(c) The study specified in subdivision (b) shall include, but not
necessarily be limited to, the addressing of policy options available
to achieve pay equity between community college associate faculty
and full-time faculty, and shall also include both of the following:

(1) A quantitative analysis examining duties and tasks of
associate faculty as compared to full-time faculty. The duties and
tasks examined shall include classroom teaching, preparation,
office hours, recordkeeping, student evaluations, recommendations,
and other professional practices that compare the similarities and
differences between an associate and a full-time faculty position.
This quantitative analysis shall also include both of the following:

(A) An examination of whether associate faculty salaries vary
significantly among community colleges and the factors that are
associated with any salary differential.

(B) Data concerning the salary compensation pattern for
associate community college faculty in California and in similarly
situated community colleges in other states, and the disparity
between part-time and full-time compensation for the equivalent
education and experience.

(2) An identification of specific policy and fiscal
recommendations that would enable the California Community
Colleges to achieve a compensation schedule that achieves pay
equity for associate faculty.

(d) The California Postsecondary Education Commission shall,
in conducting the study required by this section, consult various
representatives of the education community, including the Board
of Governors of the California Community Colleges, community
college faculty groups, and other interested parties.

(e) Notwithstanding Section 7550.5 of the Government Code,
the California Postsecondary Education Commission shall release
the preliminary findings of the study required by this section to
the Legislature and the Governor, on or before March 31, 2000,
and shall transmit the study to the Legislature and the Governor
on or before July 1, 2000.

(f) It is the intent of the Legislature that funding for conducting
the study required by this section shall be made available through
an appropriation, either in future legislation or in the annual Budget
Act, in an amount of up to one hundred fifty thousand dollars
($150,000).

end delete

SEC. 7.  

Section 87482.5 of the Education Code is amended to
read:

87482.5.  

(a) Notwithstanding any other law, a person who is
employed to teach adult or community college classes for not more
than 67 percent of the hours per week considered a full-time
assignment for regular employees having comparable duties shall
be classified as begin delete a temporary end delete begin insert an associate end insert employee, and shall not
become a contract employee under Section 87604. If the provisions
of this section are in conflict with the terms of a collective
bargaining agreement in effect on or before January 1, 2009, the
provisions of this section shall govern the employees subject to
that agreement upon the expiration of the agreement.

(b) Service as a substitute on a day-to-day basis by persons
employed under this section shall not be used for purposes of
calculating eligibility for contract or regular status.

(c) (1) Service in professional ancillary activities by persons
employed under this section, including, but not necessarily limited
to, governance, staff development, grant writing, and advising
student organizations, shall not be used for purposes of calculating
eligibility for contract or regular status unless otherwise provided
for in a collective bargaining agreement applicable to a person
employed under this section.

(2) This subdivision may not be construed to affect the
requirements of subdivision (d) of Section 84362.

SEC. 8.  

Section 87482.6 of the Education Code is amended to
read:

87482.6.  

(a) Until the provisions of Section begin delete 84750 end delete begin insert 84750.5 end insert
regarding program-based funding are implemented by a standard
adopted by the board of governors that establishes the appropriate
percentage of hours of credit instruction that should be taught by
begin delete full-time end delete begin insert regular or contract end insert instructors, the Legislature wishes
to recognize and make efforts to address longstanding policy of
the board of governors that at least 75 percent of the hours of credit
instruction in the California Community Colleges, as a system,
should be taught by begin delete full-time end delete begin insert regular or contract end insert instructors. To
this end, community college districts begin delete which end delete begin insert that end insert have less than 75
percent of their hours of credit instruction taught by begin delete full-time end delete
begin insert regular or contract end insert instructors shall apply a portion of the program
improvement allocation received pursuant to Section 84755 as
follows:

(1)  begin delete Districts which, end delete begin insert Community college districts that, end insert in the
prior fiscal year, had between 67 percent and 75 percent of their
hours of credit instruction taught by begin delete full-time end delete begin insert regular or contract end insert
instructors shall apply up to 33 percent of their program
improvement allocation as necessary to reach the 75 percent
standard. If a district in this category chooses instead not to
improve its percentage, the board of governors shall withhold 33
percent of the district’s program improvement allocation.

(2)  begin delete Districts which, end delete begin insert Community college districts that, end insert in the
prior fiscal year, had less than 67 percent of their hours of credit
instruction taught by begin delete full-time end delete begin insert regular or contract end insert instructors shall
apply up to 40 percent of their program improvement allocation
as necessary to reach the 75 percent standard. If a district in this
category chooses instead not to improve its percentage, the board
of governors shall withhold 40 percent of the district’s program
improvement allocation.

begin delete

Districts which

end delete

begin insert (3) end insert begin insert   end insert begin insert Community college districts that end insert maintain 75 percent or
more of their hours of credit instruction taught by begin delete full-time end delete begin insert regular
or contract end insert instructors shall otherwise be free to use their program
improvement allocation for any of the purposes specified in Section
84755.

(b) The board of governors shall adopt regulations for the
effective administration of this section. Unless and until amended
by the board of governors, the regulations shall provide as follows:

(1) In computing the percentage of hours of credit instruction
taught by begin delete full-time end delete begin insert regular or contract end insert instructors, the hours of
overload teaching by begin delete full-time end delete begin insert regular or contract end insert instructors shall
be excluded from both the total hours of credit instruction taught
by begin delete full-time and part-time end delete begin insert regular, contract, or associate end insert instructors
and the total hours of instruction taught by begin delete full-time end delete begin insert regular and
contract end insert instructors.

begin delete

(2) A full-time instructor shall be defined as any regular and
contract faculty member teaching credit instruction.

end delete begin delete

(3)

end delete

begin insert (2 end insert begin insert ) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert The chancellor shall compute and report to each
community college district the number of begin delete full-time faculty (FTF)
which are end delete begin insert regular and contract faculty end insert to be secured through the
use of the prescribed portion of program improvement revenue
allocated to each district. This computation shall be made by
dividing the applicable portion of program improvement revenue
(0 percent, 33 percent, or 40 percent of the program improvement
allocation), by the statewide average “replacement cost” (a figure
which represents the statewide average faculty salary plus benefits,
minus the statewide average hourly rate of compensation for
begin delete part-time end delete begin insert associate end insert instructors times the statewide average full-time
teaching load). If the quotient is not a whole number, then the
quotient shall be rounded down to the nearest whole number. If
this quotient, once applied, will result in the district exceeding the
75 percent standard, the chancellor shall further reduce the quotient
to a whole number that will leave the district as close as possible
to, but in excess of, the 75 percent standard.

begin delete

By March 15th

end delete

begin insert (B) end insert begin insert   end insert begin insert By March 15 end insert of each year, the chancellor shall report to
each begin insert community college end insert district an estimate of the number of begin delete FTF end delete
begin insert regular and contract faculty end insert to be secured based upon the
appropriation of revenues contained in the annual Budget Bill.

begin delete

(4)

end delete

begin insert (3) end insert  On or before December 31, 1991, the chancellor shall
determine the extent to which each begin insert community college end insert district, by
September 30, 1991, has hired the number of begin delete FTF end delete begin insert regular end insert begin insert and
contract faculty end insert determined pursuant to paragraph (3) for the
1989-90 and 1990-91 fiscal years. To the extent that the
cumulative number of begin delete FTF end delete begin insert regular and contract faculty end insert have not
been retained, the chancellor shall reduce the begin insert community college end insert
district’s base budget for 1991-92 and subsequent fiscal years by
an amount equivalent to the average replacement cost times the
deficiency in the number of begin delete FTF end delete begin insert regular and contract faculty end insert .

SEC. 9.  

Section 87482.8 of the Education Code is amended to
read:

87482.8.  

Whenever possible:

(a)  begin delete Part-time end delete begin insert Associate end insert faculty should be informed of
assignments at least six weeks in advance.

(b)  begin delete Part-time end delete begin insert Associate end insert faculty should be paid for the first week
of an assignment when class is cancelled less than two weeks
before the beginning of a semester. If a class meets more than once
per week, begin delete part-time end delete begin insert associate end insert faculty should be paid for all classes
that were scheduled for that week.

(c) The names of begin delete part-time end delete begin insert associate end insert faculty should be listed in
the schedule of classes rather than just described as “staff.”

(d)  begin delete Part-time end delete begin insert Associate end insert faculty should be considered to be an
integral part of their departments and given all the rights normally
afforded to full-time faculty in the areas of book selection,
participation in department activities, and the use of college
resources, including, but not necessarily limited to, telephones,
copy machines, supplies, office space, mail boxes, clerical staff,
library, and professional development.

SEC. 10.  

Section 87482.9 of the Education Code is amended
to read:

87482.9.  

This section applies only to begin delete temporary and part-time end delete
begin insert associate end insert faculty within the meaning of Section 87482.5. The issue
of earning and retaining of annual reappointment rights shall be a
mandatory subject of negotiation with respect to the collective
bargaining process relating to any new or successor contract
between community college districts and begin delete temporary or part-time end delete
begin insert associate end insert faculty occurring on or after January 1, 2002.

SEC. 11.  

Section 87601 of the Education Code is amended to
read:

87601.  

For the purposes of this article:

(a) “Academic year” means that period between the first day of
a fall semester or quarter and the last day of the following spring
semester or quarter, excluding any intersession term that has been
excluded pursuant to an applicable collective bargaining agreement.

begin insert

(b) “Associate employee” means an employee of a district who
is employed in accordance with Section 87604.

end insert begin delete

(b)

end delete

begin insert (c) end insert  “Contract employee” means an employee of a district who
is employed on the basis of a contract in accordance with Section
87605, subdivision (b) of Section 87608, or subdivision (b) of
Section 87608.5.

begin delete

(c)

end delete

begin insert (d) end insert  “District” means a community college district.

begin delete

(d)

end delete

begin insert (e) end insert  “Positions requiring certification qualifications” are those
positions which provide the services for which certifications have
been established in this code.

begin delete

(e)

end delete

begin insert (f) end insert  “Regular employee” means an employee of a district who is
employed in accordance with subdivision (c) of Section 87608,
subdivision (c) of Section 87608.5, or Section 87609.

SEC. 12.  

Section 87604 of the Education Code is amended to
read:

87604.  

The governing board of a community college district
shall employ each academic employee as a contract employee,
regular employee, or begin delete temporary end delete begin insert associate end insert employee.

SEC. 13.  

The heading of Article 9 (commencing with Section
87860) of Chapter 3 of Part 51 of Division 7 of Title 3 of the Education Code is amended to read:

 

Article 9.  begin delete Part-Time end delete Community College begin insert Associate end insert Faculty
Health Insurance Program

 

SEC. 14.  

Section 87860 of the Education Code is amended to
read:

87860.  

It is the intent of the Legislature that begin delete part-time end delete
community college begin insert end insert begin insert associate end insert faculty and their eligible dependents
have continuous access to health insurance benefits.

SEC. 15.  

Section 87861 of the Education Code is amended to
read:

87861.  

For the purposes of this article:

begin delete

(a) “Health insurance benefits” include medical benefits but do
not include vision or dental benefits.

end delete begin delete

(b) “Part-time

end delete

begin insert (a) end insert begin insert   end insert begin insert “Associate end insert faculty” refers to any faculty member whose
teaching assignment equals or exceeds 40 percent of the cumulative
equivalent of a minimum full-time teaching assignment.

begin insert

(b) “Health insurance benefits” include medical benefits, but
do not include vision or dental benefits.

end insert

(c) The changes made to subdivision (b) during the 1999 portion
of the 1999-2000 Regular Session of the Legislature shall be
operative in any fiscal year only if funds are appropriated for
purposes of those changes in the annual Budget Act or in another
measure. If the amount appropriated in the annual Budget Act or
in another measure for purposes of this section is insufficient to
fully fund those changes for the fiscal year, the chancellor shall
prorate the funds among the community college districts affected
by this section.

SEC. 16.  

Section 87862 of the Education Code is amended to
read:

87862.  

The governing board of a community college district
may provide a program of health insurance for begin delete part-time end delete begin insert associate end insert
faculty and their dependents.

SEC. 17.  

Section 87863 of the Education Code is amended to
read:

87863.  

(a)  begin delete A part-time end delete begin insert An associate end insert faculty member and his
or her eligible dependents are eligible to participate in the program
established pursuant to this article.

(b) The changes made to subdivision (a) during the 1999 portion
of the 1999-2000 Regular Session of the Legislature shall be
operative in any fiscal year only if funds are appropriated for
purposes of those changes in the annual Budget Act or in another
measure. If the amount appropriated in the annual Budget Act or
in another measure for purposes of this section is insufficient to
fully fund those changes for the fiscal year, the chancellor shall
prorate the funds among the community college districts affected
by this section.

(c) Any changes made pursuant to this section to the begin delete Part-time end delete
Community College begin insert Associate end insert Faculty Health Insurance Program
shall not affect any begin delete part-time end delete begin insert associate end insert health insurance program
in effect on January 1, 2000.

SEC. 18.  

Section 87864 of the Education Code is amended to
read:

87864.  

No begin delete part-time end delete begin insert associate end insert faculty member or dependents
whose premiums for health insurance are paid by an employer
other than a community college district is eligible to participate in
the program established pursuant to this article.

SEC. 19.  

Section 87867 of the Education Code is amended to
read:

87867.  

By June 15 of each year, the Chancellor of the
California Community Colleges shall apportion to each community
college district that establishes a program pursuant to this article
an amount that equals up to one-half of the total cost of the
individual enrollment premiums required to be paid for the health
insurance coverage of participating begin delete part-time end delete begin insert associate end insert faculty and
their dependents in the district. The chancellor shall distribute
funds that have been appropriated specifically for this purpose
proportionally based on each begin insert community college end insert district’s total
costs for premiums for those begin insert community college end insert districts that
submit verification of the costs of premiums for eligible employees
for a fiscal year, but in no event shall the allocation to any
begin insert community college end insert district exceed one-half of the cost of the
verified premiums. If funds appropriated for this purpose exceed
one-half of the verified cost of premiums for all participating
begin insert community college end insert districts statewide, the balance that exceeds
that amount shall revert to the General Fund annually.

SEC. 20.  

The heading of Article 10 (commencing with Section
87880) of Chapter 3 of Part 51 of Division 7 of Title 3 of the Education Code is amended to read:

 

Article 10.  Community College begin delete Part-Time end delete begin insert Associate end insert Faculty
Office Hours Program

 

SEC. 21.  

Section 87880 of the Education Code is amended to
read:

87880.  

The Legislature finds and declares that community
college begin delete part-time end delete begin insert associate end insert faculty are required to fulfill the same
teaching responsibilities as begin delete full-time end delete begin insert regular and contract end insert faculty
although students have little or no access to begin delete part-time end delete begin insert associate end insert
faculty members outside of the classroom. It is the intent of the
Legislature that students have the same opportunity for academic
assistance and guidance without regard to whether a course at a
community college is taught by a begin delete full-time or a part-time end delete begin insert regular,
contract, or associate end insert faculty member. It is the further intent of
the Legislature that community college begin delete part-time end delete begin insert associate end insert faculty
teaching a minimum number of courses be compensated for
providing academic counseling and assistance to students outside
of the classroom.

SEC. 22.  

Section 87881 of the Education Code is amended to
read:

87881.  

There is hereby established the Community College
begin delete Part-Time end delete begin insert Associate end insert Faculty Office Hours Program for the purpose
of providing community college students equal access to academic
advice and assistance and to encourage community college districts
to provide opportunities by compensating begin delete part-time end delete begin insert associate end insert
faculty who hold office hours related to their teaching load.

SEC. 23.  

Section 87882 of the Education Code is amended to
read:

87882.  

For purposes of this article, begin delete “part-time end delete begin insert “associate end insert
faculty” means any person who is employed to teach for not more
than the hours per week described in Section 87482.5.

SEC. 24.  

Section 87883 of the Education Code is amended to
read:

87883.  

(a) The governing board of a community college district
may provide compensation for office hours to begin delete part-time end delete begin insert associate end insert
faculty.

(b) The compensation paid to begin delete part-time end delete begin insert associate end insert faculty under
this article shall equal at least one paid office hour for every two
classes or more taught each week or 40 percent of a full-time load
as defined by the community college district.

(c) Nothing in this section precludes compensation under this
program for paid office time for each 20 percent of a full-time
load, or fraction thereof, as defined by the community college
district.

(d) The change made to subdivision (c) during the 1999 portion
of the 1999-2000 Regular Session of the Legislature shall be
operative in any fiscal year only if funds are appropriated for
purposes of that change in the annual Budget Act or in another
measure. If the amount appropriated in the annual Budget Act or
in another measure for purposes of this section is insufficient to
fully fund that change for the fiscal year, the chancellor shall
prorate the funds among the community college districts affected
by this section.

SEC. 25.  

Section 87884 of the Education Code is amended to
read:

87884.  

(a) The governing board of each community college
district that establishes a program pursuant to this article shall
negotiate with the exclusive bargaining representative, or in
instances where there is no bargaining unit shall meet and confer
with the faculty, to establish a program to provide begin delete part-time end delete
begin insert associate end insert faculty office hours.

(b) Any hours negotiated under this program shall not be applied
toward the maximum percentage-of-hours limitation for begin delete part-time end delete
begin insert associate end insert faculty as specified in Section 87882. These hours shall
not be counted towards the hours per week of teaching adult or
community college classes for purposes of acquiring eligibility
for tenure or for purposes of fulfilling any probationary hour
requirements.

(c) On or before June 1 of each year, each community college
district participating in the program shall send a verification to the
Chancellor of the California Community Colleges specifying the
total costs of the compensation paid for office hours of begin delete part-time end delete
begin insert associate end insert faculty participating in the program.

(d) Any changes made by this section to the Community College
begin delete Part-Time end delete begin insert Associate end insert Faculty Office Hours Program shall not affect
any begin delete part-time end delete begin insert associate end insert faculty office hours program in effect on
January 1, 2000.

SEC. 26.  

Section 87885 of the Education Code is amended to
read:

87885.  

(a) The begin delete Part-Time end delete begin insert Associate end insert Faculty Office Hours
Program Fund is hereby established in the State Treasury begin insert as a
continuation of the Part-Time Faculty Office Hours Program Fund
established by this section end insert .

(b) On or before June 15 of each year, the Chancellor of the
California Community Colleges shall apportion to each community
college district that establishes a program pursuant to this article
an amount of up to 50 percent of the total costs of compensation
paid for office hours of begin delete part-time end delete begin insert associate end insert faculty, as defined in
Section 87882. The chancellor shall distribute funds that are
appropriated in the annual Budget Act specifically for this purpose
proportionally based on each begin insert community college end insert district’s total
costs for office hours of begin delete part-time end delete begin insert associate end insert faculty pursuant to
the verification submitted by the community college district in
accordance with subdivision (c) of Section 87884 for that fiscal
year. In no event, however, shall the allocation to any district in a
fiscal year exceed 50 percent of the total costs of the compensation
paid for office hours of begin delete part-time end delete begin insert associate end insert faculty pursuant to this
article.

(c) It is the intent of the Legislature that funding for the purposes
of this article be included in the annual Budget Act.