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AB-1826 Community colleges: full-time instructors.(2011-2012)

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AB1826:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 1826


Introduced  by  Assembly Member Roger Hernández

February 21, 2012


An act to add Section 87482.3 to the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


AB 1826, as amended, Roger Hernández. Community colleges: full-time instructors.
(1) Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to adopt regulations that establish minimum standards regarding the percentage of hours of credit instruction that full-time instructors are required to teach.
This bill would prohibit a full-time instructor faculty member, as defined, for a community college district from being assigned a teaching workload that includes overload or extra assignments if the overload or extra assignments exceed 50% of a full-time workload in a semester, or quarter, or summer term that commences on or after January 1, 2013. The bill would provide that this prohibition would shall not apply to a summer or intersession term, and not supersede the pertinent requirements of a collective bargaining agreement containing restrictions regarding limitations on overload or extra assignments that are more stringent than the limitations imposed by the bill. With
With respect to a community college district with a collective bargaining agreement that, as of January 1, 2013, prohibits a full-time instructor faculty member from being assigned a teaching workload that includes overload or extra assignments if the overload or extra assignments exceed 50% of a full-time workload, the prohibition in the bill would become operative on January 1, 2014. The prohibition in the bill would also apply to the workload of supervisory or managerial personnel of a community college district who are performing faculty work that is allowed under an applicable collective bargaining agreement.
To the extent that this bill would impose new duties on community college districts, it would constitute a state-mandated local program.
(2) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 87482.3 is added to the Education Code, to read:

87482.3.
 (a) Except as provided in subdivisions (b) and, (c), and (d), a full-time instructor faculty member, as defined in Section 87003, for a community college district shall not be assigned a teaching workload that includes overload or extra assignments if the overload or extra assignments exceed 50 percent of a full-time workload in a semester, or quarter, or summer term that commences on or after January 1, 2013.
(b) The prohibition in subdivision (a) shall not apply to a summer or intersession term.

(b)

(c) The prohibition in subdivision (a) shall not supersede the pertinent requirements of a collective bargaining agreement containing restrictions regarding limitations on overload or extra assignments that are more stringent than the limitations in subdivision (a).

(c)

(d) With respect to a community college district with a collective bargaining agreement that, as of January 1, 2013, prohibits a full-time instructor faculty member from being assigned a teaching workload that includes overload or extra assignments if the overload or extra assignments exceed 50 percent of a full-time workload, the prohibition in subdivision (a) shall become operative on January 1, 2014.
(e) The prohibition in subdivision (a) shall apply to the workload of supervisory or managerial personnel of a community college district who are performing faculty work that is allowed under an applicable collective bargaining agreement.

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.