BILL ANALYSIS AB 420 Page 1 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 Page 2 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 Page 3 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. AB 420 Page 4 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 FN: 0001481