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SB-1039 Community colleges: classroom instructor salaries.(2023-2024)



Current Version: 03/14/24 - Amended Senate

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SB1039:v98#DOCUMENT

Amended  IN  Senate  March 14, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1039

Introduced by Senator Wilk

February 06, 2024

An act to amend Section 87802 Sections 74295.5, 84362, and 87482.5 of the Education Code, relating to community colleges.


LEGISLATIVE COUNSEL'S DIGEST


SB 1039, as amended, Wilk. Community colleges: academic employees: salary schedules. classroom instructor salaries.
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 requires the governing board of each community college district to adopt and cause to be printed, and make available to each academic employee, a schedule of salaries to be paid. each community college district to expend during each fiscal year 50% of the district’s current expense of education, as defined, for payment of salaries of classroom instructors, as defined.
This bill would make nonsubstantive changes to the latter provision. define salaries of classroom instructors to also include counselors and librarians and would require, commencing with the 2025–26 fiscal year, each community college district to expend during each fiscal year 60% of the district’s current expense of education, as defined, for payment of salaries of classroom instructors, as defined. The bill would also make conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 74295.5 of the Education Code is amended to read:

74295.5.
 Notwithstanding any other law:
(a) All of the following shall be applicable apply to a student who is enrolled at El Camino College Compton Center six months before the change in control of that institution from the El Camino Community College District to the Compton Community College District:
(1) The Compton Community College District shall ensure that any student of El Camino College Compton Center who, by the end of the spring term immediately preceding the change in control of the institution, has completed at least 75 percent of the courses required for the degree or certificate that he or she the student is pursuing shall be able to complete that program at Compton College. The Compton Community College District shall make every reasonable effort to allow other students who have begun work toward a certificate or degree, but who have not completed 75 percent of the required coursework, to continue and complete their programs at Compton College.
(2) The Compton Community College District shall consider each student of El Camino College Compton Center who enrolls for classes at Compton College to be a continuing student for purposes of enrollment priorities.
(3) Regulations of the board of governors relating to minimum residence at a community college granting a degree shall not be applicable apply to these students.
(b) For academic years 2018–19 to 2021–22, inclusive, the Compton Community College District shall be exempt from subdivision (d) (b) of Section 84362.

SEC. 2.

 Section 84362 of the Education Code is amended to read:

84362.
 (a) As used in For purposes of this section, “salaries of classroom instructors” means: the following definitions apply:

(1)The salary paid to each instructor employed by the district whose duties require that the full time for which the instructor is employed be devoted to the instruction of students of the district.

(2)The portion of the salary of each instructor whose duties require that a part, but not all, of the full time for which the instructor is employed be devoted to the instruction of students of the district, which is equal to the portion of the full time actually devoted by the instructor to teaching students of the district.

(3)The salary paid to each instructional aide employed by the district, any portion of whose duties are required to be performed under the supervision of an instructor. However, the cost of all health and welfare benefits provided to the instructors by the community college district shall be included within the meaning of “salaries of classroom instructors.”

(b)(1)As used in this section, an “instructor” means an employee of the district employed in a position requiring minimum qualifications and whose duties require him or her to teach students of the district for at least one full instructional period each schoolday for which the employee is employed. An instructional period is the number of minutes equal to the number of minutes of the regular academic period in the community college in which the instructor is employed.

(2)As used in this section, “administrator” means any employee in a position having significant responsibilities for formulating district policies or administering district programs; and “supervisor” means any employee having authority, on behalf of the district, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline other employees, adjust their grievances, or effectively recommend that action, if the exercise of the authority is not of a merely routine or clerical nature.

(c)“Current expense of education” means the gross total expended (not reduced by estimated income or estimated federal and state apportionments) for the purposes classified in the final budget of a district (except one which, during the preceding fiscal year, had less than 101 units of full-time equivalent student) for academic salaries other than academic salaries for student transportation, food services, and community services; classified salaries other than classified salaries for student transportation, food services, and community services; employee benefits other than employee benefits for student transportation personnel, food services personnel, and community services personnel; books, supplies, and equipment replacement other than for student transportation and food services; and community services, contracted services, and other operating expenses other than for student transportation, food services, and community services. “Current expense of education,” for purposes of this section, shall not include those expenditures classified as sites, buildings, books, and media and new equipment (object of expenditure 6000 of the Accounting Manual for California Community Colleges), the amount expended from categorical aid received from the federal or state government which funds were granted for expenditures in a program not incurring any instructor salary expenditures or requiring disbursement of the funds without regard to the requirements of this section, or expenditures for facility acquisition and construction; and shall not include the amount expended pursuant to any lease agreement for plant and equipment or the amount expended from funds received from the federal government pursuant to the “Economic Opportunity Act of 1964” or any extension of that act of Congress or the amount expended by a community college from state or federal funds received by the community college for grants to community college students or for the employment of community college students.

(1) “Administrator” means an employee in a position having significant responsibilities for formulating community college district policies or administering district programs.
(2) “Counselor” means an employee of the community college district employed in a position requiring the minimum qualifications of a counselor.
(3) (A) “Current expense of education” means all of the following:
(i) The gross total expended, not reduced by estimated income or estimated federal and state apportionments, for the purposes classified in the final budget of a community college district, except for a district that, during the preceding fiscal year, had less than 101 units of full-time equivalent student, for academic salaries other than academic salaries for student transportation, food services, and community services.
(ii) Classified salaries other than classified salaries for student transportation, food services, and community services.
(iii) Employee benefits other than employee benefits for student transportation personnel, food services personnel, and community services personnel.
(iv) Books, supplies, and equipment replacement other than for student transportation and food services.
(v) Community services, contracted services, and other operating expenses other than for student transportation, food services, and community services.
(B) “Current expense of education” does not include any of the following:
(i) Expenditures classified as sites, buildings, books, and media and new equipment (object of expenditure 6000 of the Accounting Manual for California Community Colleges).
(ii) The amount expended from categorical aid received from the federal or state government which funds were granted for expenditures in a program not incurring any instructor salary expenditures or requiring disbursement of the funds without regard to the requirements of this section.
(iii) Expenditures for facility acquisition and construction.
(iv) The amount expended pursuant to any lease agreement for plant and equipment.
(v) The amount expended from funds received from the federal government pursuant to the Economic Opportunity Act of 1964 or any extension of that act of Congress.
(vi) The amount expended by a community college district from state or federal funds received by the district for grants to community college students or for the employment of community college students.
(4) “Instructor” means an employee of the community college district employed in a position requiring minimum qualifications and whose duties require the employee to teach students of the district for at least one full instructional period each schoolday for which the employee is employed. An instructional period is the number of minutes equal to the number of minutes of the regular academic period in the community college in which the instructor is employed.
(5) “Librarian” means an employee of the community college district employed in a position requiring the minimum qualifications of a librarian.
(6) “Salaries of classroom instructors” means and includes the following:
(A) The salary paid to each instructor, counselor, or librarian employed by the community college district whose duties require that the full time for which the instructor, counselor, or librarian is employed be devoted to the instruction of students of the district, or to providing counseling or librarian services for the students of the district.
(B) The portion of the salary of each instructor, counselor, or librarian whose duties require that a part, but not all, of the full time for which the instructor, counselor, or librarian is employed be devoted to the instruction of students of the community college district, or to providing counseling or librarian services for the students of the district, that is equal to the portion of the full time actually devoted by the instructor, counselor, or librarian to teaching, or to providing counseling or librarian services to, the students of the district.
(C) The salary paid to each instructional aide employed by the community college district, any portion of whose duties are required to be performed under the supervision of an instructor.
(D) The cost of all health and welfare benefits provided to the instructors by the community college district.
(b) (1) Until the 2025-26 fiscal year, there shall be expended during each fiscal year for payment of salaries of classroom instructors, excluding counselors and librarians, by a community college district, 50 percent of the community college district’s current expense of education.

(d)There

(2) Commencing with the 2025-26 fiscal year, there shall be expended during each fiscal year for payment of salaries of classroom instructors by a community college district, 50 60 percent of the community college district’s current expense of education.

(e)

(c) If the board of governors determines that a community college district has not expended the applicable percentage of current expense of education for the payment of salaries of classroom instructors during the preceding fiscal year, the board of governors 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 apportionment or apportionments equal to the apparent deficiency in district expenditures. Any amount so designated by the board of governors shall be deposited in the county treasury to the credit of the community college district, but shall be unavailable for expenditure by the district pending the determination to be made by the board of governors on any application for an exemption which that may be submitted to the board of governors. In the event If it appears to the governing board of a community college district that the application of the preceding subdivisions subdivision (b) during a fiscal year results in serious hardship to the district, or in the payment of salaries of classroom instructors in excess of the salaries of classroom instructors paid by other districts of comparable type and functioning under comparable conditions, the governing board may apply to the board of governors, in writing, not later than September 15th of the immediately succeeding fiscal year for an exemption from the requirements of this section.

(f)

(d) Immediately upon applying for the exemption described in subdivision (e), (c), the governing board of a community college district shall provide the exclusive representative of the district’s academic employees or, if none exists, the district or college academic senate, and all academic employee organizations eligible for payroll dues deduction, with a copy of the application. The exclusive representative, or the district or college academic senate, and all academic employee organizations eligible for payroll dues deduction, within 30 days of its receipt of receiving the application, may transmit submit to the board of governors a written statement opposing the application, setting forth reasons for its opposition.

(g)

(e) Upon receipt of the application described in subdivision (f), (d), duly approved, and of the statement of opposition, if any, the board of governors shall grant the community college district an exemption for any amount that is less than one thousand dollars ($1,000). If the amount is one thousand dollars ($1,000) or more, the board of governors may grant the community college district an exemption from the requirement for the fiscal year for which the application is made if a majority of all the members of the board of governors finds, in writing, that the district will in fact suffer serious hardship or will have to pay salaries of classroom instructors in excess of those paid by other districts of comparable type and functioning under comparable conditions unless the district is granted an exemption. If the exemption is granted, the designated moneys shall be immediately available for expenditure by the governing board of the community college district governing board. district. If no application for an exemption is made or an exemption is denied, the board of governors shall order the designated amount or amount not exempted to be added to the amounts to be expended for salaries of classroom instructors during the next fiscal year.

(h)

(f) The board of governors shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations to that end. It for enforcement. The board of governors may require the submission during the college year, by the governing boards of community college district governing boards districts and county superintendents of schools, of the reports and information as may be necessary to carry out this section.

(i)

(g) The board of governors, no later than the 10th calendar day of each year of the Legislature, shall submit to the Legislature a written report on the operation, effect, and the extent of compliance with this section by community college districts in the state during the two most recently ended fiscal years. The report shall describe the activities of the board of governors and the chancellor’s office, undertaken to ensure compliance with this section, and may contain recommendations for legislation pertaining to that subject.

SEC. 3.

 Section 87482.5 of the Education Code is amended to read:

87482.5.
 (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 67 percent of the hours per week considered a full-time assignment for regular employees having comparable duties shall be classified as a temporary employee, and shall not become a contract employee under Section 87604. If the provisions of this section are in conflict with the terms of a collective bargaining agreement in effect on or before January 1, 2009, the provisions of this section shall govern the employees subject to that agreement upon the expiration of the agreement.
(b) Service as a substitute on a day-to-day basis by persons employed under this section shall not be used for purposes of calculating eligibility for contract or regular status.
(c) (1) Service in professional ancillary activities by persons employed under this section, including, but not necessarily limited to, governance, staff development, grant writing, and advising student organizations, shall not be used for purposes of calculating eligibility for contract or regular status unless otherwise provided for in a collective bargaining agreement applicable to a person employed under this section.
(2) This subdivision may not be construed to affect the requirements of subdivision (d) (b) of Section 84362.

SECTION 1.Section 87802 of the Education Code is amended to read:
87802.

The governing board of each community college district shall adopt and cause to be printed, and made available to each academic employee, a schedule of salaries to be paid.