Bill Text: CA SB114 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Teachers: retirement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State. Chapter 829, Statutes of 2012. [SB114 Detail]

Download: California-2011-SB114-Amended.html

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BILL NUMBER: SB 114	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2011
	AMENDED IN SENATE  MARCH 10, 2011

INTRODUCED BY   Senator Yee

                        JANUARY 19, 2011

   An act to add Section 87483.7 to the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 114, as amended, Yee. Community colleges: academic salary
schedules.
   (1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state. Existing law establishes community college
districts, administered by district governing boards, throughout the
state, and authorizes these districts to employ faculty members to
provide instruction to students at the community college campuses
maintained by the districts.
   Existing law requires community college districts with less than
75% of their hours of credit instruction taught by full-time
instructors to apply a portion of their program improvement
allocation, as provided, to reaching the 75% standard.
   This bill would require community college districts to determine
the compensation of part-time community college faculty using a
salary schedule that places part-time faculty on comparable salary
steps as full-time faculty with similar academic preparation and
years of experience. The bill would require part-time faculty to be
paid in a manner that mirrors the same relationship to the placement
of full-time faculty on the schedule. Because 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.   (a)    The
Legislature finds and declares all of the following: 
   (1) 
    (a)  Part-time community college faculty are required to
hold the same academic credentials and qualifications to teach the
same courses as their full-time colleagues. 
   (2) 
    (b)  Part-time community college faculty are spending
the same number of nonclassroom hours as their full-time colleagues
preparing lessons and grading assignments. 
   (3) 
    (c)  Part-time community college faculty salaries should
accurately reflect the actual work performed both in and out of the
classroom, including, but not necessarily limited to, regularly
scheduled office hours. 
   (4) 
    (d)  An hourly pay schedule for part-time faculty
instructional work radically underrepresents to governing boards and
the general public the actual work being performed by part-time
community college faculty members. 
   (5) 
    (e)  Different types of community college instruction
incur different numbers of classroom hours per week per full-time
equivalent student load, resulting in inequities and errors in salary
and service credit reporting when salary is based on classroom
hours. 
   (6) 
    (f)  Repeated problems have occurred, and continue to
occur, with accurate calculation and reporting of service credits
from districts to the State Teachers' Retirement System (STRS) and
from STRS to part-time community college faculty members, with
particular detriment to part-time faculty members who work in more
than one community college district. 
   (7) 
    (g)  These problems with STRS reporting could be
dramatically resolved by a full-time equivalent student (FTES)
percentage-based reporting system. 
   (8) 
    (h)  Part-time faculty salaries in the University of
California and California State University systems, as well as in
most K-12 districts, are calculated and reported for all purposes as
FTES. 
   (9) 
    (i)  All part-time and temporary faculty should receive
pay and benefits that are equal to those of tenured and tenure-track
faculty of comparable qualifications doing comparable work, as
determined on a pro rata basis. 
   (b) It is the intent of the Legislature to enact legislation that
accomplishes both of the following:  
   (1) Requires that part-time community college faculty be placed on
the same salary schedule as their full-time colleagues who have
similar academic preparation and years of experience. 

   (2) Requires that the salary of part-time community college
faculty be calculated, stated on payroll notices and class
assignments, and reported to STRS as a percentage of full-time
salary. 
  SEC. 2.  Section 87483.7 is added to the Education Code, to read:
   87483.7.  (a) A community college district shall determine the
compensation of part-time community college faculty using a salary
schedule that places part-time faculty on comparable salary steps as
full-time faculty with similar academic preparation and years of
experience. Part-time faculty shall be placed on a schedule that
mirrors the same relationship to placement of full-time faculty on
the schedule.
   (b) A community college district shall calculate the salary of a
part-time faculty member, and report that salary on payroll notices
and to the State Teachers' Retirement System, as a percentage of
full-time salary.
  SEC. 3.  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.