84362.5.
(a) This section shall be known, and may be cited, as the Community College Excellence in Education Act.(b) All districts shall report to the board of governors, by March 31, 2016, the total number of classroom and nonclassroom full-time equivalent faculty (FTEF) attributable to hours worked by part-time temporary faculty, and by contract or regular faculty while working on overload assignments, during the period of July 1, 2014, to June 30, 2015, inclusive.
(c) Effective July 1, 2016, each district’s calculation pursuant to subdivision (b) shall become that district’s maximum allowable number of classroom and nonclassroom FTEF that may be staffed by part-time temporary faculty and by contract or regular faculty while working on overload assignments until the district’s full-time faculty percentage, as calculated pursuant to Section 53308 of Title 5 of the California Code of Regulations, is greater than or equal to 75 percent.
(d) Upon reaching the 75-percent threshold pursuant to subdivision (c), a district shall do either of the following:
(1) Maintain a full-time faculty percentage of 75 percent or greater.
(2) Not exceed its maximum allowable number of classroom and nonclassroom FTEF that may be staffed by part-time temporary faculty and by contract or regular faculty while working on overload assignments, which shall be the number calculated pursuant to subdivision (b).
(e) (1) The board of governors shall determine whether a district failed to comply with subdivision (b), (c), or (d) during the preceding fiscal year, and, if so, shall, in apportionments made to the district from the State School Fund after April 15 of the current fiscal year, designate an amount of the district’s apportionment or apportionments that is equal to the difference between the current fiscal year apportionment or apportionments and the lesser of the district’s apportionment for the 2014–15 fiscal year or for the preceding fiscal year.
(2) The amount designated pursuant to paragraph (1) shall be deposited in the county treasury to the credit of the district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors pursuant to subdivision (g).
(f) (1) If it appears to the governing board of a district that the application of this section will result in a serious hardship to the district, the governing board of the district may apply in writing to the board of governors for exemption from the requirements of this section by no later than September 15 of the fiscal year immediately succeeding the serious hardship.
(2) Immediately upon applying for an exemption described in paragraph (1), the governing board of the district shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or community college academic senate, and all academic employee organizations eligible for a payroll dues deduction, with a copy of the application. Those persons may, within 30 days of receipt of the application, transmit to the board of governors a written statement opposing the application, setting forth reasons for its opposition.
(g) Upon receipt of the application and statement of opposition, if any, described in subdivision (f), the board of governors shall do either of the following:
(1) Grant the district an exemption for any amount that is less than one thousand dollars ($1,000), which shall be immediately available for expenditure by the governing board.
(2) Grant an exemption of one thousand dollars ($1,000) or more if a majority of the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship unless the district is granted an exemption. If the exemption is granted, the exempted amount shall be immediately available for expenditure by the governing board of the district.
(h) If no application for exemption is made pursuant to subdivision (f), or a portion of the exemption is denied, the board of governors shall order the entire designated amount, or the amount not exempted, as applicable, to be returned to the State School Fund.
(i) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations, which may require, among other things, district governing boards to submit reports and information throughout the academic year.
(j) A district shall not assign a person hired as a contract faculty member after July 1, 2016, to teach any overload assignment in excess of the equivalent of a full-time teaching load until the person has achieved tenured status as a regular faculty member.