Bill Text: CA SB189 | 2011-2012 | Regular Session | Amended

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Bill Title: Community colleges: faculty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB189 Detail]

Download: California-2011-SB189-Amended.html

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BILL NUMBER: SB 189	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Anderson

                        FEBRUARY 8, 2011

   An act to  relating to education finance  
amend Section 87482.5 of the Education Code, relating to community
colleges  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 189, as amended, Anderson.  Education finance:
categorical education programs: flexibility.   Community
colleges: faculty.  
   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 and not
become a contract employee. Existing law provides that service in
professional ancillary services, including, but not necessarily
limited to, governance, staff development, grant writing, and
advising student organizations, by persons employed under these
provisions 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 provision.  
   This bill would provide that dual enrollment shall not be used for
purposes of calculating eligibility for contract or regular status,
as specified. To the extent that this provision would impose
additional duties on community college districts when they are
required to determine the status of academic employees as contract,
regular, or temporary employees, it 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.  
   Existing law establishes various categorical education programs
and appropriates the funding for those programs in the annual Budget
Act. Existing law requires the Superintendent of Public Instruction,
for the 2008-09 to 2012-13 fiscal years, inclusive, to apportion from
the amount provided in the annual Budget Act for specified
categorical education programs an amount based on the same relative
proportion that the local educational agency received in the 2008-09
fiscal year for those programs and authorizes school districts, for
those fiscal years, to use these funds, with specified exceptions,
for any educational purpose, to the extent permitted by federal law.
Existing law, for those fiscal years, deems local educational
agencies that use these categorical education program funds for any
educational purpose to be in compliance with the program and funding
requirements of those categorical education programs, including
requirements related to average daily attendance accounting.
 
   This bill would state the intent of the Legislature to enact
legislation that would provide for a study of categorical education
program flexibility. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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,  dual
enrollment,  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.
   SEC. 2.    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.  
  SECTION 1.    It is the intent of the Legislature
that would enact legislation to provide for a study of categorical
education program flexibility.