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AB-1190 Community colleges: part-time faculty: office hours. (2023-2024)

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Date Published: 03/28/2023 09:00 PM
AB1190:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1190

Introduced by Assembly Member Irwin

February 16, 2023

An act to amend Section 87884 of, to amend, repeal, and add Section 87883 of, and to repeal Sections 87881 and 87885 of, the Education Code, relating to community colleges. An act to amend Section 87482.3 of the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


AB 1190, as amended, Irwin. Community colleges: part-time faculty: office hours.
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.
This bill would require community college districts, as a condition of receiving funds allocated for the Student Success and Support Program, to commence negotiating the terms of compensation for office hours for part-time employees, as specified, and the 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.

Existing law establishes the Community College Part-Time Faculty Office Hours Program to provide community college students equal access to academic advice and assistance and to encourage community college districts to provide opportunities by compensating part-time faculty who hold office hours related to their teaching load. Existing law authorizes community college districts to compensate part-time faculty at an amount equal to at least one paid office hour for every 2 classes or more taught each week by the part-time faculty member or 40% of a full-time load as defined by the local community college district. Existing law requires the governing board of a community college district that establishes such a program to negotiate, or meet and confer, to establish a program to provide part-time faculty office hours. Existing law establishes the Part-Time Faculty Office Hours Program Fund in the State Treasury to provide funding for up to 50% of the costs to community college districts for the program as verified by the district, as specified.

This bill would repeal the provisions establishing the Community College Part-Time Faculty Office Hours Program and the Part-Time Faculty Office Hours Program Fund. The bill would instead require the governing board of a community college district, on and after July 1, 2024, to provide compensation for office hours to part-time faculty at an amount equal to one paid office hour for every 2 classes or more taught per week by the part-time faculty member or 40% of a full-time load, and ½ paid office hour for every class or 20% of a full-time load. If these provisions conflict with the terms of a collective bargaining agreement in effect before January 1, 2024, the bill would require the collective bargaining agreement to be reopened for negotiations, as specified. By imposing new duties on community college districts, the bill would establish a state-mandated local program.

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 the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


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 bargaining representatives 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.
(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) (A) Adoption of terms of compensation 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 shall be compensated for office hours 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 in providing office hours by full-time employees.
(B) Any office hours negotiated under this program shall not be applied toward the maximum percentage-of-hours limitation for part-time faculty as specified in Section 87482.5. These hours shall not be counted towards the hours per week of teaching adult or community college classes for purposes of requiring eligibility for tenure or for purposes of fulfilling any probationary hour requirements.
(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.

SECTION 1.Section 87881 of the Education Code is repealed.
SEC. 2.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 faculty.

(b)The compensation paid to part-time 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.

(e)This section shall become inoperative on July 1, 2024, and, as of January 1, 2025, is repealed.

SEC. 3.Section 87883 is added to the Education Code, to read:
87883.

(a)On and after July 1, 2024, the governing board of a community college district shall provide compensation for office hours to part-time faculty.

(b)The compensation paid to part-time 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, and one-half paid office hour for every class or 20 percent of a full-time load.

(c)This section shall become operative on July 1, 2024.

SEC. 4.Section 87884 of the Education Code is amended to read:
87884.

(a)The governing board of each community college district 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 faculty office hours.

(b)Any hours negotiated under this program shall not be applied toward the maximum percentage-of-hours limitation for part-time faculty as specified in Section 87882. These hours shall not be counted towards 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 faculty.

(d)If the provisions of this article conflict with the terms of a collective bargaining agreement in effect before January 1, 2024, the collective bargaining agreement shall be reopened for negotiations pursuant to this section.

SEC. 5.Section 87885 of the Education Code is repealed.
SEC. 6.

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.