Bill Text: CA AB581 | 2009-2010 | Regular Session | Amended
Bill Title: Community colleges: salaries of classroom instructors.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB581 Detail]
Download: California-2009-AB581-Amended.html
BILL NUMBER: AB 581 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 19, 2009
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 25, 2009
An act to amend Section 84362 of , and to add Section 84363
to, the Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 581, as amended, Torlakson. Community colleges: salaries of
classroom instructors.
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. The board of governors is required
to appoint a chief executive officer, who is known as the Chancellor
of the California Community Colleges. Existing law establishes
community college districts throughout the state, and authorizes
these districts to provide instruction at community college campuses.
An existing provision requires each community college district to
expend, for payment of the salaries of classroom instructors, as
defined, 50% of the district's current expense of education, as
defined. Existing law establishes community college
districts throughout the state, and authorizes these
districts to provide instruction at community college campuses.
Existing law requires that 50% of each district's current expense of
education, as defined, be expended for payment of salaries of
classroom instructors, as defined. Existing law requires the
governing board of each district to provide for an internal audit in
accordance with regulations of the board of governors.
This bill would define classroom instructors to include
counselors. This bill would require that, commencing with the 2010-11
fiscal year, 52% of each district's current expense of education be
expended for payment of salaries of classroom instructors. The bill
would also allow the board to establish a committee to review the
auditing procedures in order to ensure compliance with the
requirement that 52% of each district's current expense of
education be paid for the salaries of classroom instructors.
This bill would further provide that, in order to encourage
compliance with this requirement, and to determine the extent to
which districts are complying with this requirement, the chancellor
shall conduct random audits of 5 community college districts each
year. The bill would also make various technical, nonsubstantive
changes in the provision.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84362 of the
Education Code is amended to read:
84362. (a) As used in this section, "salaries of classroom
instructors" means:
(1) The salary paid to each instructor or counselor
employed by the district whose duties require that the full time for
which the instructor or counselor is employed be devoted
to the instruction of students of the district or to the
provision of counseling services for the students of the district
.
(2) The portion of the salary of each instructor or counselor
whose duties require that a part, but not all, of the full
time for which the instructor or counselor is employed be
devoted to the instruction of students of the district or to the
provision of counseling services for the students of the district
, which is equal to the portion of the full time actually
devoted by the instructor or counselor to teaching or
to the provision of counseling services to the students of the
district.
(3) The salary paid to each instructional aide employed by the
district, any portion of whose duties are required to be performed
under the supervision of an instructor. However, the cost of all
health and welfare benefits provided to the instructors by the
community college district shall be included within the meaning of
"salaries of classroom instructors."
(b) (1) As used in this
section, an "instructor" means an employee of the district
employed in a position requiring minimum qualifications and whose
duties require him or her to teach students of the district for at
least one full instructional period each schoolday for which the
employee is employed. An instructional period is the number of
minutes equal to the number of minutes of the regular academic period
in the community college in which the instructor is employed.
the following terms have the following meanings:
(1) "Administrator" means any employee in a position having
significant responsibilities for formulating district policies or
administering district programs; and "supervisor" means any employee
having authority, on behalf of the district, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward,
discipline other employees, adjust their grievances, or effectively
recommend that action, if the exercise of the authority is not of a
merely routine or clerical nature.
(2) "Counselor" means an employee of the district employed in a
position requiring the minimum qualifications of a counselor.
(3) "Instructor" means an employee of the district employed in a
position requiring minimum qualifications and whose duties require
him or her to teach students of the district for at least one full
instructional period each schoolday for which the employee is
employed. An instructional period is the number of minutes equal to
the number of minutes of the regular academic period in the community
college in which the instructor is employed.
(2) As used in this section, "administrator" means any employee in
a position having significant responsibilities for formulating
district policies or administering district programs; and "supervisor"
means any employee having authority, on behalf of the district, to
hire, transfer, suspend, lay off, recall, promote, discharge, assign,
reward, discipline other employees, adjust their grievances, or
effectively recommend that action, if the exercise of the authority
is not of a merely routine or clerical nature.
(c) "Current expense of education" means the gross total expended
(not reduced by estimated income or estimated federal and state
apportionments) for the purposes classified in the final budget of a
district (except one which, during the preceding fiscal year, had
less than 101 units of full-time equivalent student) for academic
salaries other than academic salaries for student transportation,
food services, and community services; classified salaries other than
classified salaries for student transportation, food services, and
community services; employee benefits other than employee benefits
for student transportation personnel, food services personnel, and
community services personnel; books, supplies, and equipment
replacement other than for student transportation and food services;
and community services, contracted services, and other operating
expenses other than for student transportation, food services, and
community services. "Current expense of education," for purposes of
this section, shall not include those expenditures classified as
sites, buildings, books, and media and new equipment (object of
expenditure 6000 of the Accounting Manual for California Community
Colleges), the amount expended from categorical aid received from the
federal or state government which funds were granted for
expenditures in a program not incurring any instructor salary
expenditures or requiring disbursement of the funds without regard to
the requirements of this section, or expenditures for facility
acquisition and construction; and shall not include the amount
expended pursuant to any lease agreement for plant and equipment or
the amount expended from funds received from the federal government
pursuant to the "Economic Opportunity Act of 1964" or any extension
of that act of Congress or the amount expended by a community college
from state or federal funds received by the community college for
grants to community college students or for the employment of
community college students.
(d) There Commencing with the 2010-11
fiscal year, there shall be expended during each fiscal year
for payment of salaries of classroom instructors by a community
college district, 50 52 percent of the
district's current expense of education. For the purposes of
implementing this subdivision, all expenditures included in
object-of-expenditure classification 1000, pursuant to the Budget and
Accounting Manual for California Community Colleges, shall be
included in the numerator, except as follows:
(1) Educational administrators as defined in Section 87002.
(2) Prorated salaries of administrators for teaching instruction
as part of their regular workload.
(3) Salaries of instructors on sabbatical leave.
(e) If the board of governors determines that a district has not
expended the applicable percentage of current expense of education
for the payment of salaries of classroom instructors during the
preceding fiscal year, the board 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 apportionment or
apportionments equal to the apparent deficiency in district
expenditures. Any amount so designated by the board of governors
shall be deposited in the county treasury to the credit of the
community college district, but shall be unavailable for expenditure
by the district pending the determination to be made by the board of
governors on any application for exemption which may be submitted to
the board of governors. In the event it appears to the governing
board of a community college district that the application of the
preceding subdivisions during a fiscal year results in serious
hardship to the district, or in the payment of salaries of classroom
instructors in excess of the salaries of classroom instructors paid
by other districts of comparable type and functioning under
comparable conditions, the governing board may apply to the board of
governors, in writing, not later than September 15th of the
immediately succeeding fiscal year for exemption from the
requirements of this section.
(f) Immediately upon applying for the exemption described in
subdivision (e), the governing board shall provide the exclusive
representative of the district's academic employees or, if none
exists, the district or college academic senate, and all academic
employee organizations eligible for payroll dues deduction, with a
copy of the application. The exclusive representative, or the
district or college academic senate, and all academic employee
organizations eligible for payroll dues deduction, within 30 days of
its receipt of the application, may transmit to the board of
governors a written statement opposing the application, setting forth
reasons for its opposition.
(g) Upon receipt of the application described in subdivision (f),
duly approved, and of the statement of opposition, if any, the board
of governors shall grant the district exemption for any amount that
is less than one thousand dollars ($1,000). If the amount is one
thousand dollars ($1,000) or more, the board of governors may grant
the district exemption from the requirement for the fiscal year for
which the application is made if a majority of all the members of the
board of governors finds, in writing, that the district will in fact
suffer serious hardship or will have to pay salaries of classroom
instructors in excess of those paid by other districts of comparable
type and functioning under comparable conditions unless the district
is granted an exemption. If the exemption is granted, the designated
moneys shall be immediately available for expenditure by the
community college district governing board. If no application for
exemption is made or exemption is denied, the board of governors
shall order the designated amount or amount not exempted to be added
to the amounts to be expended for salaries of classroom instructors
during the next fiscal year.
(h) The board of governors shall enforce the requirements
prescribed by this section, and may adopt necessary rules and
regulations to that end. It may require the submission during the
college year, by community college district governing boards and
county superintendents of schools, of the reports and information as
may be necessary to carry out this section.
(i) The board of governors, no later than the 10th calendar day of
each year of the Legislature, shall submit to the Legislature a
written report on the operation, effect, and the extent of compliance
with this section by community college districts in the state during
the two most recently ended fiscal years. The report shall describe
the activities of the board of governors and the chancellor's office,
undertaken to ensure compliance with this section, and may contain
recommendations for legislation pertaining to that subject.
SEC. 2. Section 84363 is added to the
Education Code , to read:
84363. (a) The Board of Governors may establish a committee to
review the auditing procedures adopted pursuant to Article 2
(commencing with Section 84030) to develop ways to ensure compliance
with the requirement of subdivision (d) of Section 84362 that 52
percent of each district's current expense of education be paid for
the salaries of classroom instructors. The members of the committee
shall be comprised as follows:
(1) The Chancellor of the California Community Colleges.
(2) One certified public accountant, to be selected by the board,
who is licensed by the California Board of Accountants and has
prepared an annual audit pursuant to subdivision (b) of Section
84040.
(3) One exclusive representative of classified employees of a
district, to be selected by the board.
(4) One district administrator, to be selected by the board.
(b) The committee shall review local district auditing procedures
and recommend to the board any changes to the procedures published in
the California Community Colleges Budget and Accounting Manual that
may be necessary to achieve the current expense of education
requirements contained in subdivision (d) of Section 84362.
SECTION 1. Section 84362 of the Education Code
is amended to read:
84362. (a) As used in this section the following terms have the
following meanings:
(1) "Administrator" means any employee in a position having
significant responsibilities for formulating district policies or
administering district programs; and "supervisor" means any employee
having authority, on behalf of the district, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward,
discipline other employees, adjust their grievances, or effectively
recommend that action, if the exercise of the authority is not of a
merely routine or clerical nature.
(2) "Current expense of education" means the gross total expended
(not reduced by estimated income or estimated federal and state
apportionments) for the purposes classified in the final budget of a
district (except one which, during the preceding fiscal year, had
less than 101 units of full-time equivalent student) for academic
salaries other than academic salaries for student transportation,
food services, and community services; classified salaries other than
classified salaries for student transportation, food services, and
community services; employee benefits other than employee benefits
for student transportation personnel, food services personnel, and
community services personnel; books, supplies, and equipment
replacement other than for student transportation and food services;
and community services, contracted services, and other operating
expenses other than for student transportation, food services, and
community services. "Current expense of education," for purposes of
this section, shall not include those expenditures classified as
sites, buildings, books, and media and new equipment (object of
expenditure 6000 of the Accounting Manual for California Community
Colleges), the amount expended from categorical aid received from the
federal or state government which funds were granted for
expenditures in a program not incurring any instructor salary
expenditures or requiring disbursement of the funds without regard to
the requirements of this section, or expenditures for facility
acquisition and construction; and shall not include the amount
expended pursuant to any lease agreement for plant and equipment or
the amount expended from funds received from the federal government
pursuant to the "Economic Opportunity Act of 1964" or any extension
of that act of Congress or the amount expended by a community college
from state or federal funds received by the community college for
grants to community college students or for the employment of
community college students.
(3) "Instructor" means an employee of the district employed in a
position requiring minimum qualifications and whose duties require
him or her to teach students of the district for at least one full
instructional period each schoolday for which the employee is
employed. An instructional period is the number of minutes equal to
the number of minutes of the regular academic period in the community
college in which the instructor is employed.
(4) "Salaries of classroom instructors" means:
(A) The salary paid to each instructor employed by the district
whose duties require that the full time for which the instructor is
employed be devoted to the instruction of students of the district.
(B) The portion of the salary of each instructor whose duties
require that a part, but not all, of the full time for which the
instructor is employed be devoted to the instruction of students of
the district, which is equal to the portion of the full time actually
devoted by the instructor to teaching students of the district.
(C) The salary paid to each instructional aide employed by the
district, any portion of whose duties are required to be performed
under the supervision of an instructor. However, the cost of all
health and welfare benefits provided to the instructors by the
community college district shall be included within the meaning of
"salaries of classroom instructors."
(b) There shall be expended during each fiscal year for payment of
salaries of classroom instructors by a community college district,
50 percent of the district's current expense of education.
(c) If the board of governors determines that a district has not
expended the applicable percentage of current expense of education
for the payment of salaries of classroom instructors during the
preceding fiscal year, the board 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 apportionment or
apportionments equal to the apparent deficiency in district
expenditures. Any amount so designated by the board of governors
shall be deposited in the county treasury to the credit of the
community college district, but shall be unavailable for expenditure
by the district pending the determination to be made by the board of
governors on any application for exemption which may be submitted to
the board of governors. If the governing board of a community college
district determines that the application of subdivisions (a) and (b)
during a fiscal year results in serious hardship to the district, or
in the payment of salaries of classroom instructors in excess of the
salaries of classroom instructors paid by other districts of
comparable type and functioning under comparable conditions, the
governing board may apply to the board of governors, in writing, not
later than September 15 of the immediately succeeding fiscal year for
exemption from the requirements of this section.
(d) Immediately upon applying for the exemption described in
subdivision (c), the governing board shall provide the exclusive
representative of the district's academic employees or, if none
exists, the district or college academic senate, and all academic
employee organizations eligible for payroll dues deduction, with a
copy of the application. The exclusive representative, or the
district or college academic senate, and all academic employee
organizations eligible for payroll dues deduction, within 30 days of
its receipt of the application, may transmit to the board of
governors a written statement opposing the application, setting forth
reasons for its opposition.
(e) Upon receipt of the application described in subdivision (d),
duly approved, and of the statement of opposition, if any, the board
of governors shall grant the district exemption for any amount that
is less than one thousand dollars ($1,000). If the amount is one
thousand dollars ($1,000) or more, the board of governors may grant
the district exemption from the requirement for the fiscal year for
which the application is made if a majority of all the members of the
board of governors finds, in writing, that the district will in fact
suffer serious hardship or will have to pay salaries of classroom
instructors in excess of those paid by other districts of comparable
type and functioning under comparable conditions unless the district
is granted an exemption. If the exemption is granted, the designated
moneys shall be immediately available for expenditure by the
community college district governing board. If no application for
exemption is made or exemption is denied, the board of governors
shall order the designated amount or amount not exempted to be added
to the amounts to be expended for salaries of classroom instructors
during the next fiscal year.
(f) The board of governors shall enforce the requirements
prescribed by this section, and may adopt necessary rules and
regulations to that end. It may require the submission during the
college year, by community college district governing boards and
county superintendents of schools, of the reports and information as
may be necessary to carry out this section. In order to encourage
compliance with this section, and to determine the extent to which
districts are complying with this section, the chancellor shall
conduct random audits of five community college districts each year.
(g) The board of governors, no later than the 10th calendar day of
each year of the Legislature, shall submit to the Legislature a
written report on the operation, effect, and the extent of compliance
with this section by community college districts in the state during
the two most recently ended fiscal years. The report shall describe
the activities of the board of governors and the chancellor's office,
undertaken to ensure compliance with this section, and may contain
recommendations for legislation pertaining to that subject.
