California Assembly Bill AB2132 Amended / Bill

 BILL NUMBER: AB 2132AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 25, 2012 AMENDED IN ASSEMBLY MAY 2, 2012 AMENDED IN ASSEMBLY APRIL 10, 2012 INTRODUCED BY Assembly Member Lara FEBRUARY 23, 2012 An act to add Article 5.4 (commencing with Section 66054) to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST AB 2132, as amended, Lara. Public postsecondary education: tenure policy. Existing law authorizes the granting of tenure to academic employees in public postsecondary institutions. The existing Donahoe Higher Education Act sets forth the missions and functions of the segments of postsecondary education in this state, including the 3 public postsecondary segments: the California Community Colleges, the California State University, and the University of California. Provisions of the act apply to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, make those provisions applicable. Existing provisions of the act express the intent of the Legislature that the 3 public postsecondary segments adopt and enforce policies and procedures that ensure that teaching is an important factor in the evaluation of faculty for appointment, retention, promotion, and tenure. This bill would express the intent of the Legislature that the California State University and the University of California develop and adopt tenure policies aimed at encouraging and rewarding service, both to the campus community and to the community outside of the campus, provided by faculty members. The bill would require the Trustees of the California State University, and request the regents, to take specified actions during the 2013-14 academic year  , for implementation commencing with the 2014-15 academic year,   to recognize and reward service as appropriate for each discipline, as specified, and  to develop and distribute throughout their respective segments transparent criteria for tenure that include service,  to identify opportunities for service for tenure track faculty, and to encourage and reward participation in these types of service by giving favorable consideration to candidates for tenure who successfully participate in these service activities   if criteria of that type that are academically appropriate for each discipline have not previously been adopted in that segment  . The bill would also require the trustees, and request the regents, to consult with the academic senates of their respective segments and with student and community organizations and to act consistently with applicable collective bargaining agreements in carrying out these responsibilities. 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. Article 5.4 (commencing with Section 66054) is added to Chapter 2 of Part 40 of Division 5 of Title 3 of the Education Code, to read: Article 5.4. Tenure Policy 66054. (a) The Legislature finds and declares all of the following: (1) In subdivision (a) of Section 66052, the Legislature has specifically found and declared that "there is a need to encourage policies that enhance the quality of teaching within the segments of higher education." (2) In subdivision (b) of Section 66052, the Legislature has specifically expressed its intent "that the University of California adopt and enforce policies and procedures which ensure that quality teaching is an essential criterion, along with research, in the evaluation of faculty for appointment, retention, promotion, and tenure." (3) In subdivision (b) of Section 66052, the Legislature also specifically expressed its intent "that the California State University and the governing board of each community college district adopt and enforce policies and procedures that ensure that teaching is given primacy in the evaluation of faculty for appointment, retention, promotion, and tenure." (4) A common attribute of an outstanding  teacher   faculty member  is the willingness  of that faculty member  to expend time and energy in  giving   teaching, research, and  service  both  to the campus community and to the greater community outside of the campus  where he or she teaches  . (5) This service can take many forms, which  may  include, but are not limited to, the following:  involvement in civic activities, advising and tutoring students, working in outreach programs aimed at promoting cultural diversity in the student body, teaching extension and service-learning courses, and consulting with or addressing student and community organizations   serving on community boards and committees, engaging in civic activities, working in outreach programs developed to promote cultural diversity in the student body, consulting with public and governmental agencies designed to address student and community needs, developing programs for underserved populations, research and creative activities that benefit our communities, consulting with or addressing student and community organizations, or any other service activities that are focused on improving the health and well-being of society  . (b) Therefore, it is the intent of the Legislature that the California State University and the University of California develop and adopt tenure policies aimed at encouraging and rewarding the service, both to the campus community and to the community outside of the campus, that is valuably and selflessly provided by so many faculty members throughout the segments. 66054.1. (a) The Trustees of the California State University shall, and the Regents of the University of California are encouraged to, accomplish  all   both  of the following during the 2013-14 academic year  , for implementation commencing with the 2014-15 academic year  :  (1) Recognize and reward service as appropriate for each discipline. The significant service contributions of a candidate for tenure shall be documented before those service contributions may be used as a basis for a favorable tenure decision.   (1)   (2)  Develop and distribute throughout their respective segments transparent criteria for tenure that include service,  both to the campus community and to the community outside of the campus, as   if no criteria of that type that are academically appropriate for each discipline have previously been adopted in that segment. Service is  a critical factor in the evaluation of a candidate for tenure.  (2) Identify, and notify tenure track faculty about, opportunities for the types of service that satisfy the criteria developed under paragraph (1).   (3) Encourage and reward participation in the types of service identified under paragraph (2) by giving favorable consideration to candidates for tenure who successfully participate in these service activities and can substantiate how this participation informs and enriches their teaching.  (b) In fulfilling their responsibilities under subdivision (a), the trustees shall, and the regents are encouraged to, do both of the following: (1) Consult with the academic senates of their respective segments and with student and community organizations. (2) Take actions that are consistent with applicable collective bargaining agreements.