BILL NUMBER: SB 182 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Ashburn
FEBRUARY 17, 2009
An act to amend Sections 87482, 87482.6, and 87482.7 of the
Education Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
SB 182, as introduced, Ashburn. Community college nursing faculty.
(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 a governing board, 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 governing board of a district to
employ a person serving as full-time faculty or part-time faculty but
prohibits employment of a person as a temporary faculty member by
any one district for more than 2 semesters or 3 quarters, except that
a person serving as full-time or part-time clinical nursing faculty
may be employed as a temporary faculty member for up to 4 semesters
or 6 quarters within any period of 3 consecutive years between July
1, 2007, and June 30, 2014.
This bill would delete the limitation that temporary clinical
nursing faculty be employed for not more than 4 semesters or 6
quarters. The bill would make conforming changes.
(2) Existing law requires the board of governors to adopt
regulations that establish minimum standards regarding the percentage
of hours of credit instruction taught by full-time instructors.
This bill would exclude the percentage of hours of credit
instruction taught by full-time clinical nursing faculty from the
minimum standards and would make conforming changes.
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 87482 of the Education Code is amended to read:
87482. (a) (1) Notwithstanding Section 87480, the governing board
of a community college district may employ any qualified individual
as a temporary faculty member for a complete school year but not less
than a complete semester or quarter during a school year. The
employment of those persons shall be based upon the need for
additional faculty during a particular semester or quarter because of
the higher enrollment of students during that semester or quarter as
compared to the other semester or quarter in the academic year, or
because a faculty member has been granted leave for a semester,
quarter, or year, or is experiencing long-term illness, and shall be
limited, in number of persons so employed, to that need, as
determined by the governing board.
(2) Employment of a person under this subdivision may be pursuant
to contract fixing a salary for the entire semester or quarter.
(b) No person , other than a person serving as clinical
nursing faculty and exempted from this subdivision pursuant to
paragraph (1) of subdivision (c), shall be employed by any
one district under this section for more than two semesters or three
quarters within any period of three consecutive years.
(c) (1) Notwithstanding subdivision (b), a person serving as
full-time clinical nursing faculty or as part-time clinical nursing
faculty teaching 60 percent or more of the hours per week considered
a full-time assignment for regular employees may be employed by any
one district under this section for up to four semesters or
six quarters within any period of three consecutive academic years
between July 1, 2007, and June 30, 2014, inclusive.
(2) A district that employs faculty pursuant to this subdivision
shall provide data to the chancellor's office as to how many faculty
members were hired under this subdivision, and what the ratio of
full-time to part-time faculty was for each of the three academic
years prior to the hiring of faculty under this subdivision and for
each academic year for which faculty is hired under this subdivision.
This data shall be submitted, in writing, to the chancellor's office
on or before June 30, 2012.
(3) The chancellor shall report, in writing, to the Legislature
and the Governor on or before September 30, 2012, in accordance with
data received pursuant to paragraph (2), how many districts hired
faculty under this subdivision, how many faculty members were hired
under this subdivision, and what the ratio of full-time to part-time
faculty was for these districts in each of the three academic years
prior to the operation of this subdivision and for each academic year
for which faculty is hired under this subdivision.
(4) A district may not employ a person pursuant to this
subdivision if the hiring of that person results in an increase in
the ratio of part-time to full-time nursing faculty in that district.
SEC. 2. Section 87482.6 of the Education Code is amended to read:
87482.6. (a) Until the provisions of Section 84750 regarding
program-based funding are implemented by a standard adopted by the
board of governors that establishes the appropriate percentage of
hours of credit instruction that should be taught by full-time
instructors, the Legislature wishes to recognize and make efforts to
address longstanding policy of the board of governors that at least
75 percent of the hours of credit instruction in the California
Community Colleges, as a system, should be taught by full-time
instructors. To this end, community college districts which have less
than 75 percent of their hours of credit instruction taught by
full-time instructors shall apply a portion of the program
improvement allocation received pursuant to Section 84755 as follows:
(1) Districts which, in the prior fiscal year, had between 67
percent and 75 percent of their hours of credit instruction taught by
full-time instructors shall apply up to 33 percent of their program
improvement allocation as necessary to reach the 75 percent standard.
If a district in this category chooses instead not to improve its
percentage, the board of governors shall withhold 33 percent of the
district's program improvement allocation.
(2) Districts which, in the prior fiscal year, had less than 67
percent of their hours of credit instruction taught by full-time
instructors shall apply up to 40 percent of their program improvement
allocation as necessary to reach the 75 percent standard. If a
district in this category chooses instead not to improve its
percentage, the board of governors shall withhold 40 percent of the
district's program improvement allocation.
Districts which maintain 75 percent or more of their hours of
credit instruction taught by full-time instructors shall otherwise be
free to use their program improvement allocation for any of the
purposes specified in Section 84755.
(b) The board of governors shall adopt regulations for the
effective administration of this section. Unless and until amended by
the board of governors, the regulations shall provide as follows:
(1) In computing the percentage of hours of credit instruction
taught by full-time instructors, the hours of overload teaching by
full-time instructors shall be excluded from both the total hours of
credit instruction taught by full-time and part-time instructors and
the total hours of instruction taught by full-time instructors.
(2) A full-time instructor shall be defined as any regular and
contract faculty member teaching credit instruction.
(3) The chancellor shall compute and report to each community
college district the number of full-time faculty (FTF) which are to
be secured through the use of the prescribed portion of program
improvement revenue allocated to each district. This computation
shall be made by dividing the applicable portion of program
improvement revenue (0 percent, 33 percent, or 40 percent of the
program improvement allocation), by the statewide average
"replacement cost" (a figure which represents the statewide average
faculty salary plus benefits, minus the statewide average hourly rate
of compensation for part-time instructors times the statewide
average full-time teaching load). If the quotient is not a whole
number, then the quotient shall be rounded down to the nearest whole
number. If this quotient, once applied, will result in the district
exceeding the 75 percent standard, the chancellor shall further
reduce the quotient to a whole number that will leave the district as
close as possible to, but in excess of, the 75 percent standard.
By March 15th of each year, the chancellor shall report to each
district an estimate of the number of FTF to be secured based upon
the appropriation of revenues contained in the annual Budget Bill.
(4) On or before December 31, 1991, the chancellor shall determine
the extent to which each district, by September 30, 1991, has hired
the number of FTF determined pursuant to paragraph (3) for the
1989-90 and 1990-91 fiscal years. To the extent that the cumulative
number of FTF have not been retained, the chancellor shall reduce the
district's base budget for 1991-92 and subsequent fiscal years by an
amount equivalent to the average replacement cost times the
deficiency in the number of FTF.
(c) For purposes of this section, the percentage of hours of
credit instruction shall exclude the hours taught by part-time and
full-time clinical nursing faculty.
SEC. 3. Section 87482.7 of the Education Code is amended to read:
87482.7. (a) The board of governors shall, pursuant to paragraph
(6) of subdivision (b) of Section 70901, adopt regulations that
establish minimum standards regarding the percentage of hours of
credit instruction that shall be taught by full-time instructors.
(b) Upon notification by the board of governors, the Department of
Finance shall transfer any money deducted from district
apportionments pursuant to the regulations adopted under this
section. This money shall be transferred to the Employment
Opportunity Fund pursuant to Section 87107.
(c) The minimum standards established under subdivision (a) shall
exclude the hours of credit instruction taught by part-time and
full-time clinical nursing faculty.