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AB-1269 Community colleges: part-time faculty.(2021-2022)

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Date Published: 04/13/2021 09:00 PM
AB1269:v98#DOCUMENT

Amended  IN  Assembly  April 13, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1269


Introduced by Assembly Member Cristina Garcia
(Coauthor: Assembly Member Santiago)

February 19, 2021


An act to amend Sections 87482.4 and 87815 of the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


AB 1269, as amended, Cristina Garcia. Community colleges: part-time faculty.
Existing law requires the California Postsecondary Education Commission to conduct a comprehensive study of the part-time faculty, employment, salary, and compensation patterns, as specified, of the California Community Colleges. Existing law requires, as part of the study, an examination of whether part-time faculty salaries vary among community colleges and factors associated with any salary differential. Existing law requires the commission, in conducting the study, to consult various representatives from the education community, including the Board of Governors of the California Community Colleges, community college faculty groups, and other interested parties.
This bill would instead require the California Community Colleges Chancellor’s Office to conduct a comprehensive study of part-time faculty as specified, to be completed by July 1, 2023. The bill would also require, as part of the study, the chancellor’s office to collect and report part-time faculty parity data from each community college district and report the data as specified, and district, and would require that data to be reported on the public internet website for each community college district and the public internet website for the chancellor’s office by July 1, 2022. The bill would require the study to identify specific policy and fiscal recommendations that would enable the California Community Colleges to achieve a compensation schedule that achieves pay equity for part-time faculty by January 1, 2027. The bill would also require the chancellor’s office, in conducting the study, to convene a working group including representatives of community college faculty unions, and consult various representatives of the education community as specified, for the purposes purpose of identifying a statewide definition of part-time faculty parity that could be applied locally. The bill would also delete an obsolete reporting requirement. By imposing new duties on community college districts, the bill would impose a state-mandated local program.

Under existing law, a person in an academic position at a community college who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days the employee serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district, and a person in an academic position who serves a complete semester shall receive not less than 12 of the established annual salary for the position.

This bill would require that a person who is 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 an amount that bears the same ratio to the amount provided to full-time employees as the time actually served by the part-time employee bears to the time actually served by full-time employees with comparable duties.

By imposing new duties on community college districts, the bill would impose 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: YES  

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 to 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 the California 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 to fill emergency, temporary needs in the California Community Colleges; part-time faculty have become a permanent fixture in the California Community 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 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 87482.4 of the Education Code is amended to read:

87482.4.
 (a) The Legislature finds and declares that, in the state’s community college system, teaching constitutes a greater share of the faculty workload, as compared to the California State University or the University of California systems. California’s community college system requires that a faculty member hold, as a basic qualification, a master’s degree. Furthermore, the community college system uses a different professional review process, as compared to the California State University or the University of California systems.
(b) The chancellor’s office shall conduct a comprehensive study of the California Community College system’s part-time faculty employment, salary, and compensation patterns as they relate to full-time community college faculty with similar education credentials and work experience. The study shall include a representative sample of urban, rural, and suburban community colleges in California and shall also refer to similarly situated community colleges in other states.
(c) The study specified in subdivision (b) shall be completed by July 1, 2023, and include, but not necessarily be limited to, policy options available to achieve pay equity between community college part-time faculty and full-time faculty and shall also include both of the following:
(1) A quantitative analysis examining duties and tasks of part-time faculty as compared to full-time faculty. The duties and tasks examined shall include classroom teaching, preparation, office hours, recordkeeping, student evaluations, recommendations, and other professional practices that compare the similarities and differences between a part-time and full-time faculty position. This quantitative analysis shall also include both of the following:
(A) An examination of whether part-time faculty salaries vary significantly among community colleges and the factors that are associated with any salary differential. The chancellor’s office shall collect and report part-time faculty parity data from each community college district. The data shall be reported on the public internet website for each community college district and the public internet website for the chancellor’s office by July 1, 2022.
(B) Data concerning the salary compensation pattern for part-time community college faculty in California and in similarly situated community colleges in other states, and the disparity between part-time and full-time compensation for the equivalent education and experience.
(2) An identification of specific policy and fiscal recommendations that would enable the California Community Colleges to achieve a compensation schedule that achieves pay equity for part-time faculty by January 1, 2027.
(d) The chancellor’s office shall, in conducting the study required by this section, convene a working group, including representatives of the community college faculty unions, and consult various representatives of the education community, including the Board of Governors of the California Community Colleges, community college faculty groups, and other interested parties, for the purposes purpose of identifying a statewide definition of part-time faculty parity that could be applied locally.

SEC. 3.

 Section 87815 of the Education Code is amended to read:

87815.
 (a) A person in an academic position who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days the employee serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district.
(1) Notwithstanding any provisions of this section to the contrary, a person in an academic position who serves a complete semester shall receive not less than one-half of the established annual salary for the position.

(2)Notwithstanding any other law, a person who is 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 an amount that bears the same ratio to the amount provided to full-time employees as the time actually served by the part-time employee bears to the time actually served by full-time employees with comparable duties.

(3)

(2) This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law.
(b) In the event any such person dies during the school year, their estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days the decedent served bears to the total number of working days plus institutes in the annual school term, and any other day when the decedent was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to before the decedent’s death.

SEC. 4.

 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.