Today's Law As Amended

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AB-2705 Community colleges: faculty.(2013-2014)



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 part-time 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  Board of Governors of the California Community Colleges  shall annually allocate funds, when  funds  appropriated for the  purposes of this article, only  article  to a each  community college district whose chief executive officer has submitted to the chancellor an affidavit that includes all of the following: 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 regardless 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 board,  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 such 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 same  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 board shall have power governing board of a community college district shall have power,  and it shall be its duty 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 the  a community college  district within the state who serves as an exchange instructor without  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 such case, the  this situation, the community college  district shall not pay the salary of the exchange employee from without  outside of  the state, serving the district in exchange for its regular instructor.
In (b)   the event  If  an employee from a community college  district within this state serving as an exchange instructor without the state and  outside of the state,  to whom the governing board of such that  district is paying the regular salary of such 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 such that  instructor and shall deduct the amount so  paid to  the substitute from the compensation of the employee.

SEC. 6.

 Section 87482.4 of the Education Code is repealed.

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 part-time 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 part-time faculty and full-time faculty and shall also include both of the following:
(1) A quantitative analysis examining duties and tasks of part-time 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 a part-time and full-time faculty position. This quantitative analysis shall also include both of the following:
(A) An examination of whether part-time 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 part-time 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 part-time 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).

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 temporary 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 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 which 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) Districts which,  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) Districts which,  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.
Districts which  (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 and part-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 (FTF) which are  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 part-time 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 15th 15  of each year, the chancellor shall report to each community college  district an estimate of the number of FTF  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 FTF  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 FTF  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 FTF. full-time faculty. 

SEC. 9.

 Section 87482.8 of the Education Code is amended to read:

87482.8.
 Whenever possible:
(a) Part-time Contingent  faculty should be informed of assignments at least six weeks in advance.
(b) Part-time Contingent  faculty should be paid for the first week of an assignment when class is cancelled canceled  less than two weeks before the beginning of a semester. If a class meets more than once per week, part-time contingent  faculty should be paid for all classes that were scheduled for that week.
(c) The names of part-time contingent  faculty should be listed in the schedule of classes rather than just described as “staff.”
(d) Part-time 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 temporary and part-time  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 temporary or part-time  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.
(b) (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.
(c) (d)  “District” means a community college district.
(d) (e)  “Positions requiring certification qualifications” are those positions which provide the services for which certifications have been established in this code.
(e) (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 temporary 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 part-time  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) “Health insurance benefits” include medical benefits but do not include vision or dental benefits.
(b) (a)  “Part-time “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 part-time contingent  faculty and their dependents.

SEC. 17.

 Section 87863 of the Education Code is amended to read:

87863.
 (a) A part-time 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 Part-time  Community College Contingent  Faculty Health Insurance Program shall not affect any part-time contingent  health insurance program in effect on January 1, 2000.

SEC. 18.

 Section 87864 of the Education Code is amended to read:

87864.
 No part-time 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 part-time 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 part-time contingent  faculty are required to fulfill the same teaching responsibilities as full-time faculty although students have little or no access to part-time 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 a part-time  contingent  faculty member. It is the further intent of the Legislature that community college part-time 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 Part-Time 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 part-time 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, “part-time “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 part-time contingent  faculty.
(b) The compensation paid to part-time 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 part-time contingent  faculty office hours.
(b) Any hours negotiated under this program shall not be applied toward the maximum percentage-of-hours limitation for part-time contingent  faculty as specified in Section 87882. These hours shall not be counted towards 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 part-time contingent  faculty participating in the program.
(d) Any changes made by this section to the Community College Part-Time Contingent  Faculty Office Hours Program shall not affect any part-time 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 Part-Time Contingent  Faculty Office Hours Program Fund is hereby established in the State Treasury. 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 part-time 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 part-time 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 part-time 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.
SEC. 27.
 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.