Bill Text: CA SB373 | 2015-2016 | Regular Session | Amended
Bill Title: California Community Colleges: full-time faculty percentage.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB373 Detail]
Download: California-2015-SB373-Amended.html
BILL NUMBER: SB 373 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Pan
( Coauthor: Senator Block
)
( Coauthor: Assembly Member
Gonzalez )
FEBRUARY 24, 2015
An act to add Section 84362.5 to the Education Code, relating to
community college faculty.
LEGISLATIVE COUNSEL'S DIGEST
SB 373, as amended, Pan. California Community Colleges:
overload assignments and full-time faculty percentage.
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 governing boards, throughout the state,
and authorizes these districts to provide instruction to students at
the community college campuses maintained by the districts. Existing
law authorizes the employment of community college faculty and
establishes certain rights for these employees.
This bill would require community college districts to report to
the board of governors, by March 31, 2016, the total number of
full-time equivalent faculty (FTEF) positions staffed by
faculty teaching overload assignments attributable to
part-time temporary faculty and to contract or regular faculty while
working on overload assignments during the period of
July 1, 2014, to June 30, 2015, inclusive. Effective July 1, 2016,
the bill would require that reported number to become that district's
maximum allowable number of FTEF positions that
may be staffed by faculty teaching overload assignments
part-time temporary faculty and by contract or regular
faculty while working on overload assignments until the
district's full-time faculty percentage is greater than or equal to
75%. Upon reaching the 75% threshold, the bill would require a
district to maintain a full-time faculty percentage of 75% or higher,
or not exceed the district's previously calculated maximum allowable
number of FTEF positions that may be staffed by
faculty teaching overload assignments.
part-time temporary faculty and by contract or regular faculty while
working on overload assignments. The bill would require the
governing board to determine if a district has failed to comply with
the above requirements, and, if so, to designate a specified amount
of the district's apportionment or apportionments that would be
required to be deposited in the county treasury, but unavailable to
the district. The bill would authorize a district to submit an
application for an exemption from the requirements of the bill in
cases of serious hardship, as specified. Upon receipt of the
exemption application, the bill would require the governing board to
grant exemptions, as specified. The bill would require the amount
exempted to be immediately available for expenditure by the governing
board and the amount not exempted to be returned to the State School
Fund. The bill would require the board of governors to enforce the
requirements of the bill and would authorize them to adopt necessary
rules and regulations.
This bill would prohibit a district from assigning a person hired
as a contract faculty member after July 1, 2016, to teach any
overload assignment in excess of the equivalent of a full-time
teaching load until the person achieves tenured status as a
full-time regular faculty member.
By placing additional requirements on community college districts,
this bill would impose a state-mandated local program.
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. In consideration of the diminished numbers of full-time
faculty in the community college system due to the state recession
and the concomitant budget cuts in public education generally and
community colleges specifically, it is the intent of the Legislature
to improve and enhance the mission of the community colleges and the
services and opportunities provided to students by increasing the
number of full-time faculty in the California Community Colleges to
better situate the community colleges to realize their mission goals
and the goals and recommendations set forth by the Student Success
Task Force report of 2012.
SEC. 2. Section 84362.5 is added to the Education Code, to read:
84362.5. (a) This section shall be known, and may be cited, as
the Community College Excellence in Education Act.
(b) All districts shall report to the board of governors, by March
31, 2016, the total number of classroom and nonclassroom
full-time equivalent faculty (FTEF) positions staffed by
faculty teaching overload assignments attributable to
hours worked by part-time temporary faculty, and by contract or
regular faculty while working on overload assignments,
during the period of July 1, 2014, to June 30, 2015,
inclusive.
(c) Effective July 1, 2016, each district's calculation pursuant
to subdivision (b) shall become that district's maximum allowable
number of classroom and nonclassroom FTEF
positions that may be staffed by faculty teaching
overload assignments part-time temporary faculty
and by contract or regular faculty while working on overload
assignments until the district's full-time faculty percentage,
as calculated pursuant to Section 53308 of Title 5 of the California
Code of Regulations, is greater than or equal to 75 percent.
(d) Upon reaching the 75-percent threshold pursuant to subdivision
(c), a district shall do either of the following:
(1) Maintain a full-time faculty percentage of 75 percent or
greater.
(2) Not exceed its maximum allowable number of classroom and
nonclassroom FTEF positions that may be
staffed by faculty teaching overload assignments, as
part-time temporary faculty and by contract or regular
faculty while working on overload assignments, which
shall be the number calculated pursuant to subdivision (b).
(e) (1) The board of governors shall determine whether a district
failed to comply with subdivision (b), (c), or (d) during the
preceding fiscal year, and, if so, shall, in apportionments made to
the district from the State School Fund after April 15 of the current
fiscal year, designate an amount of the district's apportionment or
apportionments that is equal to the difference between the current
fiscal year apportionment or apportionments and the lesser of the
district's apportionment for the 2014-15 fiscal year or for the
preceding fiscal year.
(2) The amount designated pursuant to paragraph (1) shall be
deposited in the county treasury to the credit of the district, but
shall be unavailable for expenditure by the district pending the
determination to be made by the board of governors pursuant to
subdivision (g).
(f) (1) If it appears to the governing board of a district that
the application of this section will result in a serious hardship to
the district, the governing board of the district may apply in
writing to the board of governors for exemption from the requirements
of this section by no later than September 15 of the fiscal year
immediately succeeding the serious hardship.
(2) Immediately upon applying for an exemption described in
paragraph (1), the governing board of the district shall provide the
exclusive representative of the district's academic employees or, if
none exists, the district or community college academic senate, and
all academic employee organizations eligible for a payroll dues
deduction, with a copy of the application. Those persons may, within
30 days of receipt of the application, transmit to the board of
governors a written statement opposing the application, setting forth
reasons for its opposition.
(g) Upon receipt of the application and statement of opposition,
if any, described in subdivision (f), the board of governors shall do
either of the following:
(1) Grant the district an exemption for any amount that is less
than one thousand dollars ($1,000), which shall be immediately
available for expenditure by the governing board.
(2) Grant an exemption of one thousand dollars ($1,000) or more if
a majority of the members of the board of governors finds, in
writing, that the district will in fact suffer serious hardship
unless the district is granted an exemption. If the exemption is
granted, the exempted amount shall be immediately available for
expenditure by the governing board of the district.
(h) If no application for exemption is made pursuant to
subdivision (f), or a portion of the exemption is denied, the board
of governors shall order the entire designated amount, or the amount
not exempted, as applicable, to be returned to the State School Fund.
(i) The board of governors shall enforce the requirements
prescribed by this section, and may adopt necessary rules and
regulations, which may require, among other things, district
governing boards to submit reports and information throughout the
academic year.
(j) A district shall not assign a person hired as a contract
faculty member after July 1, 2016, to teach any overload assignment
in excess of the equivalent of a full-time teaching load until the
person has achieved tenured status as a full-time
regular faculty member.
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.
