BILL NUMBER: AB 1010	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Medina

                        FEBRUARY 26, 2015

   An act to amend Section 87482.5 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1010, as introduced, Medina. Community colleges: part-time,
temporary employees.
   (1) 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 that a person employed to teach adult or
community college classes for not more than 67% of the hours per week
of a full-time employee having comparable duties, excluding
substitute service, be classified as a temporary employee and not
become a contract employee.
   This bill would urge community college districts without a
collective bargaining agreement with part-time, temporary faculty in
effect as of January 1, 2016, to commence negotiations with the
exclusive representatives for part-time, temporary faculty regarding
the terms and conditions required by the bill on or after January 1,
2016. The bill would require community college districts with a
collective bargaining agreement in effect as of January 1, 2016, to
comply with the provisions of the bill as part of any successor
negotiations. The bill would specify minimum standards for the
treatment of part-time, temporary faculty to be met by community
college collective bargaining agreements negotiated on or after
January 1, 2016. These standards would relate to, among other issues,
evaluation procedures, workload distribution, and seniority rights.
   To the extent that this bill would impose new duties on community
college districts, it would constitute a state-mandated local
program.
   (2) 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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   shall  not
be construed to affect the requirements of subdivision (d) of Section
84362. 
   (d) (1) The Legislature urges community college districts that do
not have a collective bargaining agreement with part-time, temporary
faculty in effect as of January 1, 2016, to commence negotiations
with the exclusive representatives for part-time, temporary faculty
regarding the terms and conditions required by subdivision (e) on or
after January 1, 2016. The Legislature encourages the parties to
these negotiations to agree to additional negotiated rights for
part-time, temporary faculty.  
   (2) It is the intent of the Legislature:  
   (A) That adoption of provisions in compliance with subdivision (e)
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) That a community college district meet the minimum standards
established by this section through the negotiation process between
the community college district and the exclusive representative for
part-time, temporary faculty.  
   (e) A community college district that enters into a collective
bargaining agreement on or after January 1, 2016, shall comply with
all of the following:  
   (1) Upon initial hire, a part-time, temporary faculty member shall
be evaluated by a committee that shall include, but not necessarily
be limited to, a contract or regular faculty peer evaluator who has
expertise in the subject matter of the part-time, temporary faculty
member's assignment. The evaluation committee may additionally
include other evaluators, such as a department chair, dean, or a
second peer. The terms and conditions of the evaluation process and
procedures shall be locally negotiated between the community college
district and the exclusive representative for part-time, temporary
faculty. Subsequent to his or her initial hire, each part-time,
temporary faculty member shall be evaluated at least once every six
semesters or nine quarters of service, exclusive of summer and
intersession terms.  
   (2) After six semesters or nine quarters of service, exclusive of
summer and intersession terms, each part-time, temporary faculty
member who has not received a less-than-satisfactory evaluation
during the preceding six semesters or nine quarters of service shall
be placed on a seniority list for each assignment at each college
where he or she holds a current assignment during the seventh
semester or 10th quarter of service, irrespective of how many times
he or she has completed each unique assignment. The seniority for all
assignments shall be determined based on the first date of hire at
the applicable college. Seniority lists shall be by campus unless
otherwise locally negotiated between the community college district
and the exclusive representative for part-time, temporary faculty.
 
   (3) For semester seven or quarter 10 and beyond, each community
college district shall endeavor to maintain the workload equivalent
that the part-time, temporary faculty member was assigned during
semester six or quarter nine, subject to both of the following: 

   (A) As new assignments become available due to growth or
attrition, these assignments shall be offered in seniority order to
those part-time, temporary faculty members who have: (i) qualified to
be placed on the seniority list pursuant to paragraph (2), and (ii)
previously successfully completed that same assignment. These
assignments may be made up to a maximum annualized load, exclusive of
summer and intersession terms, in the range of 60 to 67 percent of a
full-time equivalent load.  
   (B) In cases where a reduction in assignment needs to occur due to
program needs, budget constraints, or more contract faculty hires,
the reduction shall occur first from among those part-time, temporary
faculty members who have not yet qualified to be placed on the
seniority list, and thereafter in reverse seniority order, with the
least senior part-time, temporary faculty member reduced first. Any
rights to a certain workload equivalent shall be maintained for a
period of 18 months. In cases of class cancellation due to low
enrollment, faculty members shall displace faculty members who are
lower than they are on the seniority list, provided that the class
cancellation occurs prior to the first class meeting day.  
   (4) If a part-time, temporary faculty member rejects any offered
assignment, he or she shall have his or her workload equivalent
reduced accordingly. If he or she rejects all offered assignments, he
or she shall lose all seniority rights.  
   (5) Additional leave or break-in-service provisions may be locally
negotiated between the community college district and the exclusive
representative for part-time, temporary faculty.  
   (6) In cases where a part-time, temporary faculty member,
subsequent to qualifying to be placed on the seniority list, receives
a less-than-satisfactory evaluation, as that term is defined in the
collective bargaining agreement between the community college
district and the exclusive representative for part-time, temporary
faculty, the faculty member shall be provided a written plan of
remediation with concrete suggestions for improvement. The faculty
member shall be evaluated again the following semester. If the
outcome of this subsequent evaluation is also less than satisfactory,
the faculty member shall lose all seniority rights, and may be
dismissed at the discretion of the district. Appeal and grievance
rights and procedures, if any, shall be subject to local collective
bargaining.  
   (7) In all cases, part-time faculty assignments are temporary in
nature, contingent on enrollment and funding, and subject to program
changes, and no part-time faculty member has a reasonable assurance
of continued employment at any point, irrespective of the status,
length of service, or reemployment preference seniority of that
part-time, temporary faculty member. 
  SEC. 2.  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.