BILL ANALYSIS                                                                                                                                                                                                    



                                                          AB 420
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ASSEMBLY THIRD READING
AB 420 (Wildman)
As Amended May 28, 1999
Majority vote

  HIGHER EDUCATION    7-4         APPROPRIATIONS      14-7        
  
 ----------------------------------------------------------------- 
|Ayes:|Lempert, Cardoza, Havice, |Ayes:|Migden, Cedillo, Davis,   |
|     |Jackson, Lowenthal,       |     |Hertzberg, Kuehl, Papan,  |
|     |Reyes, Romero             |     |Romero, Shelley,          |
|     |                          |     |Steinberg, Thomson,       |
|     |                          |     |Wesson, Wiggins, Wright,  |
|     |                          |     |Aroner                    |
|     |                          |     |                          |
|-----+--------------------------+-----+--------------------------|
|Nays:|Baldwin, Ackerman,        |Nays:|Brewer, Ashburn Battin,   |
|     |Pescetti, Thompson        |     |Pescetti, Maldonado,      |
|     |                          |     |Runner, Zettel            |
 ----------------------------------------------------------------- 

  SUMMARY  :  Enacts, contingent upon a specific appropriation in  
the Budget Act for each Fiscal Year (including the 1999-200  
Fiscal Year), a variety of incentives and mandates to ensure  
that part-time community college faculty are additionally and  
adequately compensated in relationship to their full-time  
counterparts.  Specifies that in any year that the appropriation  
provided is insufficient to fully fund the requirements of this  
measure, the Chancellor of the California Community Colleges  
shall prorate the funds among the colleges affected by this  
measure.  Specifically,  this bill  :

1)Requires after July 1, 2003 part-time faculty shall be  
  compensated at a salary/hourly rate proportional to full-time  
  faculty, provided there is comparable training and experience.

2)Requires that part-time faculty be given a preferred right of  
  re-employment provided:  a) the person has served each of the  
  three preceding consecutive academic years; b) there has not  
  been a reduction in the number of students in the college  
  district, and subsequently a reduction in the workforce and  
  courses offered; c) there is no impact to affirmative action  
  plans as referenced in Section 87100 of the Education Code;  
  and, d) there is no other overriding collective bargaining  
  agreement.  If the district cannot offer a preferred right of  








                                                          AB 420
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  re-employment to a qualified part-time faculty member, notice  
  must be given before March 15th of the preceding Fall quarter  
  or semester.

  The bill establishes a grievance process whereby a qualified  
  part-time faculty member seeking a preferred right of  
  reemployment can challenge a district's decision to not retain  
  the services of the part-time faculty member.

3)Requires governing boards of community college districts to  
  adopt a schedule of salaries for faculty based on the uniform  
  allowance for years of training and years of experience.

4)Deletes the requirement that, in order to be eligible for the  
  Part-Time Community College Health Insurance Program, a  
  part-time faculty member must teach in two or more districts.   
  Instead, this bill institutes a 40% of full-time load  
  regardless of the number of campuses or districts.

5)Deletes the requirements that in order for dependents of  
  part-time faculty to be eligible for the Part-Time Community  
  College Health Insurance Program, a part-time faculty member  
  must teach at least three consecutive semesters or four  
  consecutive quarters.

6)Deletes the requirement that in order to be eligible for the  
  Part-Time Community College Health Insurance Program, a  
  part-time faculty member must select only one district for  
  their health care benefits, even though they are employed by  
  more than one district and each employing district may offer  
  their respective health plan.

7)Requires that districts provide compensation to part-time  
  faculty equal to "at least" one paid office hour for every two  
  classes or more taught per week.

  EXISTING LAW  provides that:

1)California's community colleges are governed by locally  
  elected officials within districts that comprise one or more  
  colleges.  These locally elected boards are responsible for  
  administering their respective campuses, although the  
  Chancellor of the California Community Colleges and the Board  
  of Governors provide guidelines and direction. 









                                                          AB 420
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  Most full-time faculty teaching at community colleges are  
  members of a labor association which has secured collective  
  bargaining agreements with the college district's governing  
  board.  Most part-time faculty also fall under collective  
  bargaining agreements, however, these faculty do not  
  necessarily enjoy all of the benefits from districts that  
  full-time faculty receive.  In light of that, governing boards  
  must still make available a salary schedule for faculty.

2)Allows community college districts, in conjunction with the  
  Chancellor's Office, to establish and participate in the  
  Part-Time Community College Health Insurance Program in order  
  to provide qualified part-time faculty members and their  
  dependents with the option of accessing health care benefits.   
  It is the intent of the Legislature to provide the funding for  
  this program annually in the Budget Act.

3)Establishes the Community College Part-Time Faculty Office  
  Hours Program in order for districts, in conjunction with the  
  Chancellor's Office, to provide compensation to part-time  
  faculty members (as defined) to hold office hours for students  
  to visit upon with questions, comments and guidance in  
  coursework.  The program is funded by the State.

  FISCAL EFFECT  :  Increased annual General Fund and Proposition 98  
commitments to fund the cost of additional salaries and benefits  
for community college districts.

  COMMENTS  :  For over 10 years, the Legislature has considered a  
number of legislative efforts to reverse the trend of community  
college districts hiring part-time faculty members in lieu of  
full-time members.  Much of the reason to utilize part-time  
faculty, even in cases of core campus curriculum (English,  
History, Chemistry, etc.), is the lower costs associated with  
such personnel.  Many believe students are under-served by a  
lack of full-time faculty who are more accessible and generally  
have more teaching expertise in core curriculum.
 
Under the passage of AB 1725 (Vasconcellos), Chapter 973,  
Statutes of 1988, California community colleges with less than  
75% of their hours of credit instruction taught by full-time  
instructors are to apply a portion of their program-improvement  
allocation funds toward reaching the 75% goal.  To date,  
virtually every community college district has yet to reach the  
75% goal.








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This bill is a comprehensive approach to compensate part-time  
faculty in a like manner with respect to their full-time  
colleagues.  The bill speaks to four key areas of concern to  
part-time faculty:  1) establishing a proportional pay system;  
2) giving part-time faculty preferred rights of re-employment  
and proper notification; 3) enhancing eligibility and access to  
health care for part-time faculty and their dependents; and, 4)  
providing additional compensation for part-time faculty of hold  
office hours.

Some college districts and college administrator organizations  
have expressed reservations with this bill.  Administrators  
contend they are sympathetic to the plight of part-time faculty  
wishing to become full-time faculty in order to obtain  
employment security and compensation.  However, this bill does  
not address the root causes of the over-use of part-time  
faculty, a lack of financial resources to the community college  
system.  In contrast, they argue this bill will burden each  
district and ultimately hurt students by depriving them of  
classes and instructors needed to secure degrees and  
certification.  Of specific concern is the issue of establishing  
a grievance process for part-time faculty who wish to be  
retained for the coming academic year.

For each of the referenced changes to take effect in this bill,  
an appropriation must be made in each annual Budget Act.  There  
is a scheme allowed in the event funds are insufficient between  
fiscal years in order to satisfy the conditions of this bill.
 

Analysis Prepared by  :  Paul A. Smith / HIGHER ED. / (916)  
319-2021 


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