Bill Text: CA AB383 | 2011-2012 | Regular Session | Amended

California Assembly Bill 383 (Prior Session Legislation)

Bill Title: Public postsecondary education: community colleges.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB383 Detail]

Download: California-2011-AB383-Amended.html

BILL NUMBER: AB 383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 14, 2011

    An act relating to community colleges.   An
act to amend Section 87482.5 of the Education Code, relating to
community colleges, and making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 383, as amended, Portantino. Public postsecondary education:
community colleges.
   Existing law establishes the California Community Colleges under
the administration of the Board of Governors of the California
Community Colleges. 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.
   This bill would  state the intent of the Legislature to
enact legislation requiring the Office of the Chancellor of the
California Community Colleges to fund each community college district
with   provide that districts shall receive  a
one-time stipend  of $____  for including provisions in
 its   their  collective bargaining
agreements that prohibit a full-time instructor from being assigned a
teaching workload, including overload or extra assignments, when the
overload or extra assignments exceed 50% of a full-time workload in
any semester that commences on or after January 1, 2012. 
   The bill would appropriate $____ from the General Fund to
implement this act. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee:  no
  yes  . State-mandated local program: no.


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 not be construed to affect the
requirements of subdivision (d) of Section 84362. 
   (d) A district that enters into a collective bargaining agreement
that prohibits a full-time instructor from being assigned a teaching
workload, including overload or extra assignments, when the overload
or extra assignments exceed 50 percent of a full-time workload in any
semester that commences on or after January 1, 2012, shall receive a
one-time stipend of ____ ($____). 
   SEC. 2.    ____ ($____) is appropriated from the
General Fund to the community college districts for allocation to
districts pursuant to subdivision (d) of Section 87482.5 of the
Education Code.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation requiring the Office of the Chancellor of the
California Community Colleges to fund each community college district
with a one-time stipend for including provisions in its collective
bargaining agreements that prohibit a full-time instructor from being
assigned a teaching workload, including overload or extra
assignments, when the overload or extra assignments exceed 50 percent
of a full-time workload in any semester that commences on or after
January 1, 2012.