BILL NUMBER: SB 1379 CHAPTERED
BILL TEXT
CHAPTER 891
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 31, 2016
PASSED THE ASSEMBLY AUGUST 31, 2016
AMENDED IN ASSEMBLY AUGUST 29, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 29, 2016
INTRODUCED BY Senator Mendoza
FEBRUARY 19, 2016
An act to amend Section 87482.3 of the Education Code, relating to
community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 1379, Mendoza. Community colleges: part-time, temporary
employees.
Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. Existing law authorizes the establishment of
community college districts under the administration of community
college governing boards, and authorizes these districts to provide
instruction at community college campuses throughout the state.
Existing law requires that a person employed to teach adult or
community college classes for not more than 67% of the hours per week
of a full-time employee having comparable duties, excluding
substitute service, be classified as a temporary employee and not a
contract employee.
A.B. 1690 of the 2015-16 Regular Session would require community
college districts without a collective bargaining agreement with
part-time, temporary faculty in effect as of January 1, 2017, to, on
or after January 1, 2017, commence negotiations with the exclusive
representatives for part-time, temporary faculty regarding certain
terms and conditions.
This bill would instead, among other things, require that minimum
standards be established for the terms of reemployment preference for
part-time, temporary faculty assignments, extend the time frame for
compliance to July 1, 2017, and make compliance with the provisions a
condition of receiving funds allocated for the Student Success and
Support Program in the annual Budget Act.
To the extent that this bill would impose new duties on community
college districts, it would constitute a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 87482.3 of the Education Code, as added by
Assembly Bill 1690 of the 2015-16 Regular Session, is amended to
read:
87482.3. (a) (1) As a condition of receiving funds allocated for
the Student Success and Support Program in the annual Budget Act, on
or after July 1, 2017, community college districts that do not have a
collective bargaining agreement with part-time, temporary faculty in
effect as of January 1, 2017, shall commence negotiations with the
exclusive representatives for part-time, temporary faculty regarding
the terms and conditions required by subdivision (b). The parties
shall negotiate these rights for part-time, temporary faculty.
(2) It is the intent of the Legislature that both of the following
shall occur:
(A) The adoption of provisions in compliance with subdivision (b)
shall be included as part of the usual and customary negotiations
between the community college district and the exclusive
representative for part-time, temporary faculty.
(B) (i) A community college district shall establish minimum
standards for the terms of reemployment preference for part-time,
temporary faculty assignments through the negotiation process between
the community college district and the exclusive representative for
part-time, temporary faculty. These standards shall include all of
the following:
(I) The length of time part-time, temporary faculty have served at
the community college or district.
(II) The number of courses part-time, temporary faculty have
taught at the community college or district.
(III) The evaluations of temporary faculty conducted pursuant to
Section 87663 and other related methods of evaluation that can
reliably be used to assess educational impact of temporary faculty as
it relates to student success.
(IV) The availability, willingness, and expertise of part-time,
temporary faculty to teach specific classes or take on specific
assignments that are necessary for student instruction or services.
(ii) Additional standards may be considered and established
through the negotiation process, as necessary.
(iii) Standards established pursuant to clause (ii) shall reflect
the processes and procedures for both of the following:
(I) Assigning part-time, temporary faculty to teach courses or
staff nonclassroom assignments.
(II) Evaluating part-time, temporary faculty.
(b) As a condition of receiving funds allocated for the Student
Success and Support Program in the annual Budget Act and except as
provided in subdivision (d), a community college district described
in paragraph (1) of subdivision (a) and the exclusive representative
of the part-time, temporary faculty shall negotiate in good faith all
of the following:
(1) The terms of reemployment preference for part-time, temporary
faculty assignments based on the minimum standards up to the range of
60 to 67 percent of a full-time equivalent load. These terms shall
also contain policies for termination, including, but not limited to,
the evaluation process negotiated pursuant to paragraph (2).
(2) A regular evaluation process for part-time, temporary faculty
pursuant to the requirements of Section 87663.
(c) A community college district that has a collective bargaining
agreement in effect as of July 1, 2017, that has satisfied the
requirements of subdivision (b), and that executes a signed written
agreement with the exclusive representative of the part-time,
temporary faculty acknowledging implementation of subdivision (b),
shall be deemed to be in compliance with this section while the
bargaining agreement is in effect.
(d) In all cases, part-time faculty assignments shall be temporary
in nature, contingent on enrollment and funding, and subject to
program changes, and no part-time faculty member shall have
reasonable assurance of continued employment at any point,
irrespective of the status, length of service, or reemployment
preference of that part-time, temporary faculty member.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.