Today's Law As Amended

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AB-897 Community colleges: part-time employees.(2019-2020)



SECTION 1.

 Section 87482.3 of the Education Code 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  shall negotiate  with the exclusive representatives  bargaining representations  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. (b) as follows: 
(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2020, shall commence negotiations upon the effective date of this section.
(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2020, shall commence negotiations no later than the expiration date of the collective bargaining agreement.
(C) 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), (c),  a community college district described in subparagraph (A) or (B) of  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 not exceeding  the range of 60 to 67  80-85  percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80–85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district.  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) (c)  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.

 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 85  percent of the hours per week considered a full-time assignment for regular employees having comparable duties shall be classified as a temporary 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, 2020,  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.