BILL ANALYSIS AB 420 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 420 (Wildman) As Amended September 7, 1999 Majority Vote ASSEMBLY: 51-26 (June 3, 1999) SENATE: 24-8 (September 9, 1999) Original Committee Reference: HIGHER ED. SUMMARY : This bill makes enhancements to the compensation and benefits for part-time faculty at California's community colleges. The Senate amendments: 1) delete the requirement that part-time faculty be compensated at a salary/hourly rate proportional to full-time faculty; 2) delete the requirement that part-time faculty be given a preferred right of re-employment; 3) delete the requirement that 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) require the California Postsecondary Education Commission (CPEC) to conduct a comprehensive study on the compensation of part-time faculty with a preliminary report to the Legislature and Governor; 5) further refine the eligibility for compensation under the Community College Part-Time Faculty Office Hours Program; and 6) appropriate $500,000 from the General Fund to fund the enhancements to the Part-Time Community College Health Insurance Program. 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. 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 AB 420 Page 2 full-time faculty receive. 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. AS PASSED BY THE ASSEMBLY , this measure would have enacted, 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 adequately compensated in relationship to their full-time counterparts. Specified 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 measure as passed by the Assembly: 1)Required 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)Required that part-time faculty be given a preferred right of re-employment provided they meet specified conditions. The bill establishes a grievance process whereby a qualified part-time faculty member seeking a preferred right of re-employment can challenge a district's decision to not retain the services of the part-time faculty member. 3)Required 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)Deleted the requirement that, in order to be eligible for the AB 420 Page 3 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)Deleted 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)Deleted 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)Required 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. FISCAL EFFECT : This bill appropriates $500,000 in Proposition 98 funds to the Board of Governors of the California community colleges to better support the Part-Time Community College Health Insurance Program. The bill also expresses the Legislature's intent to provide $150,000 to fund the CPEC study on the overall compensation of part-time faculty. 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. As passed by the Assembly, this bill was a comprehensive approach to compensate part-time faculty in a like manner with respect to their full-time colleagues. The bill addressed 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 AB 420 Page 4 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. In the Senate, the bill has been drastically amended to only focus on three key items: 1) a CPEC study to review the overall compensation of part-time faculty; 2) refining the definitions and conditions of how part-time faculty perform their student office hours duty, and thus, eligible for compensation; and 3) most significantly, an expansion of health care benefits for part-time faculty and their dependents. Analysis Prepared by : Paul A. Smith / HIGHER ED. / (916) 319-2021 FN: 0003597