Part-Time, Temporary Faculty Negotiations (SB 1379/AB 1690) (CCD) - School & College Legal Services of California

Effective January 1, 2017, Education Code section 87482.3 (attached) requires community college districts to negotiate certain terms of employment with part-time temporary faculty as a condition of receiving funds allocated for the Student Success and Support Program (“SSSP”). Specifically, as discussed in detail below, districts must negotiate the following for part-time, temporary faculty: 1) the terms of reemployment for assignments, which must also contain policies for termination; and 2) a regular evaluation process pursuant to Education Code section 87663. The Chancellor’s Office addresses these requirements in its Fiscal Services Memo 16-10, attached hereto. The form attached to Fiscal Services Memo 16-10 must be completed and returned to the Chancellor’s Office on or before July 14, 2017.

LEGAL UPDATE

January 19, 2017

To: Superintendents/Presidents/Chancellors, Member Community College Districts

From: Mia N. Robertshaw, Assistant General Counsel

Subject: Part-Time, Temporary Faculty Negotiations (SB 1379/AB 1690)

Memo No. 01-2017 (CC)

Required Collective Bargaining Agreement Provisions

Under Education Code section 87482.3, districts must negotiate the following with the exclusive representative of part-time, temporary faculty:

1. Minimum standards for the terms of reemployment preference for such faculty, which must also contain policies for termination including but not limited to the evaluation process described in item 2. The Legislature intends that these terms of reemployment preference include:

a. The length of time that the faculty have served at the college or district;

b. The number of courses the faculty have taught at the college or district;

c. Evaluations of the faculty conducted pursuant to Education Code section 87663 and other related methods of evaluation that assess the educational impact of temporary faculty as it relates to student success; and

d. The availability, willingness, and expertise of the faculty to teach specific courses or accept specific assignments for student instruction or services.

2. A regular evaluation process pursuant to Education Code section 87663, which establishes standards for evaluations.

Districts may negotiate additional standards which, if negotiated, must reflect the processes and procedures for assigning and evaluating part-time, temporary faculty.

Compliance with Education Code Section 87482.3

A district’s actions to comply with Education Code section 87482.3 will depend on whether the district has a collective bargaining agreement in place and, if so, if it includes the required provisions. A district may fall into one of the following categories:

1. No collective bargaining agreement with part-time, temporary faculty.

Districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, must begin negotiations with the exclusive representative for such faculty over the terms of reemployment and evaluation process. Unfortunately Education Code section 87482.3 and the Chancellor’s Office do not address what districts should do if their part-time, temporary faculty members do not have an exclusive representative.

2. Collective bargaining agreement with part-time, temporary faculty that does not include the provisions Education Code section 87482.3 requires.

Districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, must begin negotiations with the exclusive representative for such faculty over the terms of reemployment and evaluation process. Such negotiations should be done as part of the usual and customary negotiations between the district and the exclusive representative.

3. Collective bargaining agreement with part-time, temporary faculty that includes the provisions Education Code section 87482.3 requires.

Districts that have a collective bargaining agreement with part-time, temporary faculty in effect as of July 1, 2017, which already meets the new requirements must execute a signed agreement with the representative acknowledging that the requirements of Education Code section 87482.3(b) are implemented. See Section 87482.3(c).

Recommendations

Districts should review their collective bargaining agreements with part-time, temporary faculty to determine if they are in compliance with Education Code section 87482.3. In evaluating their compliance with these requirements, districts should review Education Code section 87482.3 itself. Assembly Bill (“AB”) 1690 (2015-16 Regular Session) added Education Code section 87482.3, which was subsequently amended by Senate Bill (“SB”) 1379 (2015-16 Regular Session). Accordingly, AB 1690 does not reflect current law and should not be used to determine compliance.

In addition, districts should follow the instructions in the attached Chancellor’s Office Fiscal Services Memo 16-10 carefully to continue to receive SSSP funds in the 2017-18 fiscal year.

In negotiating with part-time, temporary faculty, districts should not conflate the protections of probationary and tenured faculty with the protections of part-time, temporary faculty. Education Code section 87482.3 confirms that part-time faculty assignments are “temporary in nature, contingent on enrollment and funding, [] subject to program changes, and … [with no] reasonable assurance of continued employment at any point….”

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

Contact SCLS