BILL ANALYSIS �
AB 2705
Page 1
ASSEMBLY THIRD READING
AB 2705 (Williams)
As Amended May 19, 2014
Majority vote
HIGHER EDUCATION 10-0
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|Ayes:|Williams, Ch�vez, Bloom, | | |
| |Jones-Sawyer, Levine, | | |
| |Linder, Medina, | | |
| |Quirk-Silva, Weber, Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Revises numerous statutes related to California
Community College (CCC) faculty to change references from
"part-time" and "temporary" faculty to "contingent" faculty;
makes several nonsubstantive changes to existing law; and, makes
several legislative findings and declarations. Specifically,
this bill :
1)Expresses that the Legislature finds and declares the
following:
a) The terms "part-time faculty" and "temporary faculty" do
not adequately describe the qualifications, contributions,
and importance of the CCC faculty to whom those terms have
been applied;
b) "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; and,
c) There are inconsistencies in the Education Code (EC)
with regard to the definitions of community college
faculty, and the Legislature seeks to standardize the terms
"full-time faculty" and "contingent faculty."
2)Declares that it is the intent of the Legislature that, in
enacting this measure, 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.
AB 2705
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3)Changes all references of "part-time" and "temporary" faculty
and/or employee to "contingent" faculty and/or employee.
4)Makes several nonsubstantive changes to existing law.
EXISTING LAW :
1)Uses specific terms and definitions for academic employees (EC
Sections 87400-87488 and 87660-87683).
2)Defines a person who teaches at a CCC not more than 67% of the
hours per week considered a full-time assignment for a regular
employee having comparable duties as a temporary employee (EC
Section 87482.5).
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 "full-time", "part-time", "temporary", "contract"
and other academic employees, in a wide array of situations
related to multiple aspects of district employment.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS :
Background. According to the Center for Community College
Student Engagement's (CCCSE) April 2014 report, entitled,
"Contingent Commitments: Bringing Part-Time Faculty Into
Focus," 70% of the 400,000 faculty members of public, two-year
colleges hired in 2009 were part-time instructors. The CCCSE
report found that the part-time faculty teach 58% of community
college classes; and, 53% of community college students.
Additionally, the report found that for many part-time faculty,
contingent employment goes "hand-in-hand" with being
marginalized within the faculty. The CCCSE report also found
that differences in the actions of part-time and full-time
faculty cannot necessarily be attributed to differences in the
will or abilities of part-time faculty. The report contends
that, "Most likely, they [the differences] exist at least in
part because colleges too often are not fully supporting
part-time faculty or engaging them in critical elements of the
faculty experience."
AB 2705
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Purpose of this measure. According to the author, the current
terms "part-time" and "temporary" do not adequately describe the
role that part-time/temporary faculty have come to fill within
the CCC system. Current law (as described above) defines
faculty who teach 67% or less of full-time faculty, as
"part-time". The author contends that this suggests these
faculty members are only temporary; resulting in CCC departments
using this as an excuse to prevent part-time faculty from
engaging in decisions.
The author argues that, "Current statute contributes to part of
the problem and the necessity for legislation. The statute
regarding CCC faculty is convoluted and inconsistent; the terms
'part-time' and 'temporary' are used interchangeably and
haphazardly throughout the code. The lack of a standardized
term in the Education Code contributes to the confusion about
the role of part-time faculty at our community colleges."
This bill will change the references of "part-time" and
"temporary" faculty in the EC to "contingent" faculty.
Cervisi decision? A concern has been expressed by some
stakeholders that this bill could have legal ramifications in
the Cervisi v. Unemployment Insurance Appeals Board ruling.
In 1989, an American Federation of Teachers (AFT) Local in San
Francisco won an important victory in the California Court of
Appeals. In its precedent-setting decision, the Court affirmed
AFT's view that part-time faculty do not have "reasonable
assurance" of assignment rights in the next school term and
therefore should not be ineligible for unemployment benefits
during periods of lay off. Since the decision, known as the
"Cervisi Decision," part-time faculty around the state who have
no job security, whose assignments are contingent upon adequate
funding, enrollment, and program changes, should be eligible for
unemployment benefits. To note, part-time faculty who are
unemployed after the end of any semester or summer session can
therefore apply for and receive benefits provided they are
otherwise eligible for benefits.
Arguments in support. According to the California Part-time
Faculty Association, "AB 2705 is a significant first step in
giving "contingent faculty" a name that is more reflective of
our role in students' education and in our desire to more fully
participate in the life and culture of our community colleges."
AB 2705
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Arguments in opposition. According to the California Federation
of Teachers, attempting to change the definition of "temporary"
faculty to another term could potentially render the Cervisi
Decision "moot, and at the least give Administrative Law Judges
throughout the state a basis upon which not to apply the
findings in Cervisi."
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960
FN: 0003513