Bill Text: CA AB1690 | 2015-2016 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Community colleges: part-time, temporary employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 877, Statutes of 2016. [AB1690 Detail]

Download: California-2015-AB1690-Enrolled.html

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BILL NUMBER: AB 1690	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2016
	PASSED THE ASSEMBLY  JUNE 1, 2016
	AMENDED IN ASSEMBLY  MARCH 14, 2016

INTRODUCED BY   Assembly Member Medina

                        JANUARY 21, 2016

   An act to add Section 87482.3 to the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1690, 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 a
contract employee.
   This bill would require community college districts without a
collective bargaining agreement with part-time, temporary faculty in
effect as of January 1, 2017, to, on or after January 1, 2017,
commence negotiations with the exclusive representatives for
part-time, temporary faculty regarding the terms and conditions
required by the bill. 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, 2017, that are not exempt, as specified. 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.


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

  SECTION 1.  Section 87482.3 is added to the Education Code, to
read:
   87482.3.  (a) (1) On or after January 1, 2017, community college
districts that do not have a collective bargaining agreement with
part-time, temporary faculty in effect as of January 1, 2017, shall
commence negotiations with the exclusive representatives for
part-time, temporary faculty regarding the terms and conditions
required by subdivision (b). The parties shall negotiate these rights
for part-time, temporary faculty.
   (2) It is the intent of the Legislature that both of the following
shall occur:
   (A) The adoption of provisions in compliance with subdivision (b)
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) A community college district shall 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.
   (b) (1) A community college district that enters into a collective
bargaining agreement on or after January 1, 2017, shall comply with
all of the following:
   (A) Upon initial hire, and subsequently thereafter, a part-time,
temporary faculty member shall be evaluated pursuant to the
requirements of Section 87663.
   (B) 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.
   (C) 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 all of the following:
   (i) 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 qualified to be
placed on the seniority list pursuant to subparagraph (B), and
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.
   (ii) 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, if the class cancellation
occurs prior to the first class meeting day.
   (iii) Each new assignment successfully completed shall be added to
the part-time, temporary faculty member seniority list.
    (D) Procedures governing refusal or rejection of offered
assignments, diminution or loss of seniority rights, and additional
leave or break-in-service provisions shall be locally negotiated
between the community college district and the exclusive
representative for part-time, temporary faculty.
   (E) 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.
   (F) 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.
   (2) (A) A community college district that has a collective
bargaining agreement in effect as of January 1, 2017, that has
provisions in place that require implementation of all of the
following, and executes a signed written agreement pursuant to
subparagraph (B), shall be exempt from this subdivision upon the
expiration of that agreement:
   (i) Part-time, temporary faculty assignment based on seniority up
to the range of 60 to 67 percent of a full-time equivalent load.
   (ii) A regular evaluation process for part-time, temporary
faculty.
   (iii) Due process for termination once a part-time, temporary
faculty member has qualified for the negotiated provisions.
   (B) A written agreement, confirming that provisions requiring the
implementation of clauses (i) to (iii), inclusive, have been included
in a collective bargaining agreement in effect as of January 1,
2017, shall be signed by the exclusive representative for part-time,
temporary faculty and the community college district, who are subject
to that agreement, in order for the district to be exempt from this
subdivision pursuant to subparagraph (A).
  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.