Bill Text

Bill Information


Bill PDF |Add To My Favorites |Track Bill | print page

AB-260 Community colleges: part-time employees.(2023-2024)

SHARE THIS: share this bill in Facebook share this bill in Twitter
Date Published: 01/19/2023 09:00 PM
AB260:v99#DOCUMENT

Revised  April 19, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 260

Introduced by Assembly Member Santiago Members Santiago and Cervantes

January 19, 2023

An act to amend Section 87482.3 of, and to add Section 87815.5 to, the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


AB 260, as introduced, Santiago. Community colleges: part-time 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 authorizes these districts to establish compensation levels for academic employees, as provided.
Existing law requires community college districts, as a condition of receiving funding allocated for the Student Success and Support Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty, the terms of reemployment preference for part-time, temporary faculty assignments based on minimum standards up to the range of 60% to 67% of a full-time equivalent load and a regular evaluation process for part-time, temporary faculty, as specified. Existing law establishes procedures for community college districts to demonstrate compliance with these requirements.
This bill would require persons who are employed to teach adult or community college classes part time, as provided, to receive compensation in at least an amount that bears the same ratio to the amount provided to full-time employees as the time actually served by those part-time employees bears to the time actually served by full-time employees with comparable duties. The bill would impose this pay requirement upon the expiration or renewal of existing collective bargaining agreements, as provided.
This bill would also require community college districts, as a condition of receiving funds allocated for the Student Success and Support Program in the annual Budget Act, to commence the negotiation of terms of compensation consistent with the proportional pay requirement for part-time employees, as well as terms governing reemployment preferences and evaluation processes, no later than the expiration of any negotiated agreement in effect on January 1, 2024, and for any community college district that does not have a collective bargaining agreement in effect as of January 1, 2024, on January 1, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The California Community College system is the largest higher education system in the world and serves the most diverse student body in the nation and the world.
(b) The Legislature has taken steps to improve student success, ensure equity, and provide students with the resources needed to complete their college degrees and certificates.
(c) Part-time faculty comprise approximately 70 percent of the faculty at California’s community colleges, and teach approximately 50 percent of the classes; these employees endeavor to fulfill the intent of the Legislature in improving student success.
(d) In 1968, the Education Code was amended to create part-time faculty positions to fill emergency, temporary needs in California’s community colleges; however, part-time faculty have become a permanent fixture in California’s college system and many of these professionals have been teaching on temporary contracts for decades at the same institutions.
(e) The result of an excessive number of part-time community college faculty means that many faculty are working multiple jobs to earn a living, are not provided adequate space on campus to meet with students, are not included in the shared governance work that informs the college decisions and curriculum, and are not compensated for required professional development established by the Legislature.
(f) The California Community Colleges Chancellor’s Office has determined that part-time faculty members across the state are paid, on average, one half as much as full-time faculty members per hour for comparable duties.
(g) The Legislature must act to ensure the faculty at our Community Colleges are treated with dignity and respect, and faculty are provided good jobs to support their families. Without immediate action, the success of students attending California community colleges is compromised.

SEC. 2.

 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 negotiate with the exclusive representatives bargaining representative 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, 2024, shall commence negotiations on January 1, 2024.
(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2024, 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), 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 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.
(3) Adoption of terms of compensation consistent with the requirement that persons who are employed to teach adult or community college classes for fewer than the hours per week considered a full-time assignment for regular employees having comparable duties shall receive compensation in at least an amount that bears the same ratio to the amount provided to full-time employees as the time actually served by those part-time employees bears to the time actually served by full-time employees with comparable duties, pursuant to Section 87815.5.
(c) A community college district that has a collective bargaining agreement in effect as of July 1, 2017, 2024, 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. 3.

 Section 87815.5 is added to the Education Code, to read:

87815.5.
 (a) Notwithstanding any other law, persons who are employed to teach adult or community college classes for fewer than the hours per week considered a full-time assignment for regular employees having comparable duties shall receive compensation in at least an amount that bears the same ratio to the amount provided full-time employees as the time actually served by those part-time employees bears to the time actually served by full-time employees with comparable duties.
(b)  If the provisions of this section are in conflict with the terms of a collective bargaining agreement in effect before January 1, 2024, the provisions of this section do not apply to the community college district and part-time, temporary faculty subject to that agreement until the expiration or renewal of the agreement.

___________________


REVISIONS:
Heading—Line 1.
___________________