Amended in Senate August 5, 2014

Amended in Assembly May 19, 2014

Amended in Assembly April 28, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2705

Introduced by Assembly Member Williams

(Coauthor: Assembly Member Bonilla)

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 amended, 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 “part-time” faculty to “contingent” faculty. The bill would also make nonsubstantive changes in these statutes.

begin insert

The bill would require the Employment Development Department to issue a new field office directive for purposes of determining eligibility for unemployment insurance benefits that reflects the substitution of the term “contingent faculty” for the terms “part-time faculty” and “temporary faculty.”

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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) “Contingent 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 “full-time faculty” and “contingent
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 a 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 full-time
to contingent 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 that
includes:

(a) A statement that each campus within the community college
district has an advisory committee, composed of administrators,
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 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
irrespective of the date of employment:

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

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

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

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

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

(f) The governing board of a community college district shall
have power, and it shall be its duty, 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.  

(a) If the employee from a community college district
within the state who serves as an exchange instructor outside of
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 this situation, the community
college district shall not pay the salary of the exchange employee
from outside of the state, serving the district in exchange for its
regular instructor.

(b) If an employee from a community college district within
this state serving as an exchange instructor outside of the state, to
whom the governing board of that district is paying the regular
salary of that 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 community college
district within this state may pay the substitute employed to take
the place of that instructor and shall deduct the amount paid to the
substitute from the compensation of the employee.

SEC. 6.  

Section 87482.4 of the Education Code is repealed.

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 a contingent 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 84750.5 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
full-time 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
full-time instructors. To this end, community college districts that
have less than 75 percent of their hours of credit instruction taught
by full-time instructors shall apply a portion of the program
improvement allocation received pursuant to Section 84755 as
follows:

(1) Community college districts that, in the prior fiscal year,
had between 67 percent and 75 percent of their hours of credit
instruction taught by full-time 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) Community college districts that, in the prior fiscal year,
had less than 67 percent of their hours of credit instruction taught
by full-time 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.

(3) Community college districts that maintain 75 percent or
more of their hours of credit instruction taught by full-time
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 full-time instructors, the hours of overload teaching by
full-time instructors shall be excluded from both the total hours
of credit instruction taught by full-time or contingent instructors
and the total hours of instruction taught by full-time instructors.

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

(3) (A) The chancellor shall compute and report to each
community college district the number of full-time faculty 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 contingent 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.

(B) By March 15 of each year, the chancellor shall report to
each community college district an estimate of the number of
full-time faculty to be secured based upon the appropriation of
revenues contained in the annual Budget Bill.

(4) On or before December 31, 1991, the chancellor shall
determine the extent to which each community college district, by
September 30, 1991, has hired the number of full-time faculty
determined pursuant to paragraph (3) for the 1989-90 and 1990-91
fiscal years. To the extent that the cumulative number of full-time
faculty have not been retained, the chancellor shall reduce the
community college 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 full-time
faculty.

SEC. 9.  

Section 87482.8 of the Education Code is amended to
read:

87482.8.  

Whenever possible:

(a) Contingent faculty should be informed of assignments at
least six weeks in advance.

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

(c) The names of contingent faculty should be listed in the
schedule of classes rather than just described as “staff.”

(d) Contingent 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 contingent 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 contingent 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.

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

(c) “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.

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

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

(f) “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 contingent 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.  Community College Contingent 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 community college
contingent 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:

(a) “Contingent 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.

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

(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 contingent faculty
and their dependents.

SEC. 17.  

Section 87863 of the Education Code is amended to
read:

87863.  

(a) A contingent 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 Community
College Contingent Faculty Health Insurance Program shall not
affect any contingent health insurance program in effect on January
1, 2000.

SEC. 18.  

Section 87864 of the Education Code is amended to
read:

87864.  

No contingent 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 contingent faculty and their
dependents in the district. The chancellor shall distribute funds
that have been appropriated specifically for this purpose
proportionally based on each community college district’s total
costs for premiums for those community college 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
community college 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
community college 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 Contingent 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 contingent faculty are required to fulfill the same teaching
responsibilities as full-time faculty although students have little
or no access to contingent 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
full-time or contingent faculty member. It is the further intent of
the Legislature that community college contingent 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
Contingent 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 contingent 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, “contingent 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 contingent faculty.

(b) The compensation paid to contingent 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 contingent
faculty office hours.

(b) Any hours negotiated under this program shall not be applied
toward the maximum percentage-of-hours limitation for contingent
faculty as specified in Section 87882. These hours shall not be
counted toward 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 contingent
faculty participating in the program.

(d) Any changes made by this section to the Community College
Contingent Faculty Office Hours Program shall not affect any
contingent 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 Contingent Faculty Office Hours Program
Fund is hereby established in the State Treasury as a continuation
of the Part-Time Faculty Office Hours Program Fund established
by this section.

(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 contingent 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 community college district’s total
costs for office hours of contingent 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 contingent 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.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert The Employment Development Department shall issue
a new field office directive for purposes of determining eligibility
for unemployment insurance benefits that reflects the substitution
of the term “contingent faculty” for the terms “part-time faculty”
and “temporary faculty” in the Education Code by Assembly Bill
2705 of the 2013-14 Regular Session. The directive shall be
consistent with the holding of the Court of Appeals in the case of
Cervisi v. Unemployment Ins. Appeals Bd. (1989) 208 Cal.App.3d
635. end insert