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California Assembly Bill AB1856

California 2021-2022 Regular Session

California Assembly Bill AB1856 Compare Versions

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1-Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly May 26, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1856Introduced by Assembly Member MedinaFebruary 08, 2022 An act to amend Sections 87482.3 and 87482.5 of the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1856, Medina. Community colleges: part-time employees.Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community colleges, as a condition of receiving funding allocated for the Student Success and Support Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty, the terms of reemployment preference for part-time, temporary faculty assignments based on minimum standards up to the range of 60% to 67% of a full-time equivalent load and a regular evaluation process for part-time, temporary faculty, as specified.This bill would instead require community colleges, as a condition of receiving funding allocated for the Student Equity and Achievement Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty on the terms of the reemployment preference for part-time, temporary faculty assignments and the regular evaluation process for part-time, temporary faculty. The bill would instead require that negotiation on reemployment preference for part-time, temporary faculty assignments be based on the minimum standards not exceeding 80% to 85% of a full-time equivalent load, and would prohibit the community college district from restricting the terms of the negotiated agreement to less than that range, unless explicitly agreed upon by an individual part-time, temporary faculty member and the district. The bill would require the community college district to commence the negotiation of these terms no later than the expiration of any negotiated agreement in effect on January 1, 2023, and for any community college district that does not have a collective bargaining agreement in effect as of January 1, 2023, upon the effective date of the bill. The bill would make conforming changes and repeal obsolete provisions.Under existing law, 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, is classified as a temporary employee and not a contract employee. This bill would change the maximum time a part-time, temporary employee may teach, without becoming a contract employee, to 85% of the hours per week of a full-time employee having comparable duties.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 87482.3 of the Education Code is amended to read:87482.3. (a) (1) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act, community college districts shall negotiate with the exclusive bargaining representative for part-time, temporary faculty the terms and conditions required by subdivision (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act and except as provided in subdivision (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards not exceeding the range of 80 to 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663.(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.SEC. 2. 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 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
1+CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1856Introduced by Assembly Member MedinaFebruary 08, 2022 An act to amend Sections 87482.3 and 87482.5 of the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1856, as introduced, Medina. Community colleges: part-time employees.Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community colleges, as a condition of receiving funding allocated for the Student Success and Support Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty, the terms of reemployment preference for part-time, temporary faculty assignments based on minimum standards up to the range of 60% to 67% of a full-time equivalent load and a regular evaluation process for part-time, temporary faculty, as specified.This bill would instead require community colleges, as a condition of receiving funding allocated for the Student Equity and Achievement Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty on the terms of the reemployment preference for part-time, temporary faculty assignments and the regular evaluation process for part-time, temporary faculty. The bill would instead require that negotiation on reemployment preference for part-time, temporary faculty assignments be based on the minimum standards not exceeding 80% to 85% of a full-time equivalent load, and would prohibit the community college district from restricting the terms of the negotiated agreement to less than that range, unless explicitly agreed upon by an individual part-time, temporary faculty member and the district. The bill would require the community college district to commence the negotiation of these terms no later than the expiration of any negotiated agreement in effect on January 1, 2023, and for any community college district that does not have a collective bargaining agreement in effect as of January 1, 2023, upon the effective date of the bill. The bill would make conforming changes and repeal obsolete provisions.Under existing law, 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, is classified as a temporary employee and not a contract employee. This bill would change the maximum time a part-time, temporary employee may teach, without becoming a contract employee, to 85% of the hours per week of a full-time employee having comparable duties.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 87482.3 of the Education Code is amended to read:87482.3. (a) (1) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations negotiate with the exclusive representatives bargaining representative for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act and except as provided in subdivision (d), (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to not exceeding the range of 60 80 to 67 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663. (c)A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect. (d)(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.SEC. 2. 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 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
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3- Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly May 26, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1856Introduced by Assembly Member MedinaFebruary 08, 2022 An act to amend Sections 87482.3 and 87482.5 of the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1856, Medina. Community colleges: part-time employees.Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community colleges, as a condition of receiving funding allocated for the Student Success and Support Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty, the terms of reemployment preference for part-time, temporary faculty assignments based on minimum standards up to the range of 60% to 67% of a full-time equivalent load and a regular evaluation process for part-time, temporary faculty, as specified.This bill would instead require community colleges, as a condition of receiving funding allocated for the Student Equity and Achievement Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty on the terms of the reemployment preference for part-time, temporary faculty assignments and the regular evaluation process for part-time, temporary faculty. The bill would instead require that negotiation on reemployment preference for part-time, temporary faculty assignments be based on the minimum standards not exceeding 80% to 85% of a full-time equivalent load, and would prohibit the community college district from restricting the terms of the negotiated agreement to less than that range, unless explicitly agreed upon by an individual part-time, temporary faculty member and the district. The bill would require the community college district to commence the negotiation of these terms no later than the expiration of any negotiated agreement in effect on January 1, 2023, and for any community college district that does not have a collective bargaining agreement in effect as of January 1, 2023, upon the effective date of the bill. The bill would make conforming changes and repeal obsolete provisions.Under existing law, 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, is classified as a temporary employee and not a contract employee. This bill would change the maximum time a part-time, temporary employee may teach, without becoming a contract employee, to 85% of the hours per week of a full-time employee having comparable duties.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1856Introduced by Assembly Member MedinaFebruary 08, 2022 An act to amend Sections 87482.3 and 87482.5 of the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGESTAB 1856, as introduced, Medina. Community colleges: part-time employees.Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community colleges, as a condition of receiving funding allocated for the Student Success and Support Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty, the terms of reemployment preference for part-time, temporary faculty assignments based on minimum standards up to the range of 60% to 67% of a full-time equivalent load and a regular evaluation process for part-time, temporary faculty, as specified.This bill would instead require community colleges, as a condition of receiving funding allocated for the Student Equity and Achievement Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty on the terms of the reemployment preference for part-time, temporary faculty assignments and the regular evaluation process for part-time, temporary faculty. The bill would instead require that negotiation on reemployment preference for part-time, temporary faculty assignments be based on the minimum standards not exceeding 80% to 85% of a full-time equivalent load, and would prohibit the community college district from restricting the terms of the negotiated agreement to less than that range, unless explicitly agreed upon by an individual part-time, temporary faculty member and the district. The bill would require the community college district to commence the negotiation of these terms no later than the expiration of any negotiated agreement in effect on January 1, 2023, and for any community college district that does not have a collective bargaining agreement in effect as of January 1, 2023, upon the effective date of the bill. The bill would make conforming changes and repeal obsolete provisions.Under existing law, 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, is classified as a temporary employee and not a contract employee. This bill would change the maximum time a part-time, temporary employee may teach, without becoming a contract employee, to 85% of the hours per week of a full-time employee having comparable duties.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5- Enrolled September 02, 2022 Passed IN Senate August 31, 2022 Passed IN Assembly May 26, 2022
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7-Enrolled September 02, 2022
8-Passed IN Senate August 31, 2022
9-Passed IN Assembly May 26, 2022
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7+
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119 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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1311 Assembly Bill
1412
1513 No. 1856
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1715 Introduced by Assembly Member MedinaFebruary 08, 2022
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1917 Introduced by Assembly Member Medina
2018 February 08, 2022
2119
2220 An act to amend Sections 87482.3 and 87482.5 of the Education Code, relating to community colleges.
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2422 LEGISLATIVE COUNSEL'S DIGEST
2523
2624 ## LEGISLATIVE COUNSEL'S DIGEST
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28-AB 1856, Medina. Community colleges: part-time employees.
26+AB 1856, as introduced, Medina. Community colleges: part-time employees.
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3028 Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community colleges, as a condition of receiving funding allocated for the Student Success and Support Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty, the terms of reemployment preference for part-time, temporary faculty assignments based on minimum standards up to the range of 60% to 67% of a full-time equivalent load and a regular evaluation process for part-time, temporary faculty, as specified.This bill would instead require community colleges, as a condition of receiving funding allocated for the Student Equity and Achievement Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty on the terms of the reemployment preference for part-time, temporary faculty assignments and the regular evaluation process for part-time, temporary faculty. The bill would instead require that negotiation on reemployment preference for part-time, temporary faculty assignments be based on the minimum standards not exceeding 80% to 85% of a full-time equivalent load, and would prohibit the community college district from restricting the terms of the negotiated agreement to less than that range, unless explicitly agreed upon by an individual part-time, temporary faculty member and the district. The bill would require the community college district to commence the negotiation of these terms no later than the expiration of any negotiated agreement in effect on January 1, 2023, and for any community college district that does not have a collective bargaining agreement in effect as of January 1, 2023, upon the effective date of the bill. The bill would make conforming changes and repeal obsolete provisions.Under existing law, 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, is classified as a temporary employee and not a contract employee. This bill would change the maximum time a part-time, temporary employee may teach, without becoming a contract employee, to 85% of the hours per week of a full-time employee having comparable duties.
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3230 Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law requires community colleges, as a condition of receiving funding allocated for the Student Success and Support Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty, the terms of reemployment preference for part-time, temporary faculty assignments based on minimum standards up to the range of 60% to 67% of a full-time equivalent load and a regular evaluation process for part-time, temporary faculty, as specified.
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3432 This bill would instead require community colleges, as a condition of receiving funding allocated for the Student Equity and Achievement Program, to negotiate in good faith with the exclusive representatives for part-time, temporary faculty on the terms of the reemployment preference for part-time, temporary faculty assignments and the regular evaluation process for part-time, temporary faculty. The bill would instead require that negotiation on reemployment preference for part-time, temporary faculty assignments be based on the minimum standards not exceeding 80% to 85% of a full-time equivalent load, and would prohibit the community college district from restricting the terms of the negotiated agreement to less than that range, unless explicitly agreed upon by an individual part-time, temporary faculty member and the district. The bill would require the community college district to commence the negotiation of these terms no later than the expiration of any negotiated agreement in effect on January 1, 2023, and for any community college district that does not have a collective bargaining agreement in effect as of January 1, 2023, upon the effective date of the bill. The bill would make conforming changes and repeal obsolete provisions.
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3634 Under existing law, 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, is classified as a temporary employee and not a contract employee.
3735
3836 This bill would change the maximum time a part-time, temporary employee may teach, without becoming a contract employee, to 85% of the hours per week of a full-time employee having comparable duties.
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4038 ## Digest Key
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4240 ## Bill Text
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44-The people of the State of California do enact as follows:SECTION 1. Section 87482.3 of the Education Code is amended to read:87482.3. (a) (1) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act, community college districts shall negotiate with the exclusive bargaining representative for part-time, temporary faculty the terms and conditions required by subdivision (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act and except as provided in subdivision (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards not exceeding the range of 80 to 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663.(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.SEC. 2. 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 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
42+The people of the State of California do enact as follows:SECTION 1. Section 87482.3 of the Education Code is amended to read:87482.3. (a) (1) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations negotiate with the exclusive representatives bargaining representative for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act and except as provided in subdivision (d), (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to not exceeding the range of 60 80 to 67 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663. (c)A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect. (d)(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.SEC. 2. 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 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
4543
4644 The people of the State of California do enact as follows:
4745
4846 ## The people of the State of California do enact as follows:
4947
50-SECTION 1. Section 87482.3 of the Education Code is amended to read:87482.3. (a) (1) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act, community college districts shall negotiate with the exclusive bargaining representative for part-time, temporary faculty the terms and conditions required by subdivision (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act and except as provided in subdivision (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards not exceeding the range of 80 to 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663.(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
48+SECTION 1. Section 87482.3 of the Education Code is amended to read:87482.3. (a) (1) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations negotiate with the exclusive representatives bargaining representative for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act and except as provided in subdivision (d), (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to not exceeding the range of 60 80 to 67 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663. (c)A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect. (d)(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
5149
5250 SECTION 1. Section 87482.3 of the Education Code is amended to read:
5351
5452 ### SECTION 1.
5553
56-87482.3. (a) (1) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act, community college districts shall negotiate with the exclusive bargaining representative for part-time, temporary faculty the terms and conditions required by subdivision (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act and except as provided in subdivision (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards not exceeding the range of 80 to 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663.(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
54+87482.3. (a) (1) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations negotiate with the exclusive representatives bargaining representative for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act and except as provided in subdivision (d), (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to not exceeding the range of 60 80 to 67 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663. (c)A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect. (d)(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
5755
58-87482.3. (a) (1) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act, community college districts shall negotiate with the exclusive bargaining representative for part-time, temporary faculty the terms and conditions required by subdivision (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act and except as provided in subdivision (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards not exceeding the range of 80 to 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663.(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
56+87482.3. (a) (1) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations negotiate with the exclusive representatives bargaining representative for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act and except as provided in subdivision (d), (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to not exceeding the range of 60 80 to 67 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663. (c)A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect. (d)(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
5957
60-87482.3. (a) (1) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act, community college districts shall negotiate with the exclusive bargaining representative for part-time, temporary faculty the terms and conditions required by subdivision (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act and except as provided in subdivision (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards not exceeding the range of 80 to 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663.(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
58+87482.3. (a) (1) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations negotiate with the exclusive representatives bargaining representative for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (b) as follows:(A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.(B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.(C) The parties shall negotiate these rights for part-time, temporary faculty.(2) It is the intent of the Legislature that both of the following shall occur:(A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.(B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:(I) The length of time part-time, temporary faculty have served at the community college or district.(II) The number of courses part-time, temporary faculty have taught at the community college or district.(III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.(IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.(ii) Additional standards may be considered and established through the negotiation process, as necessary.(iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:(I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.(II) Evaluating part-time, temporary faculty.(3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).(b) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act and except as provided in subdivision (d), (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all both of the following:(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to not exceeding the range of 60 80 to 67 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).(2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663. (c)A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect. (d)(c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
6159
6260
6361
64-87482.3. (a) (1) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act, community college districts shall negotiate with the exclusive bargaining representative for part-time, temporary faculty the terms and conditions required by subdivision (b) as follows:
62+87482.3. (a) (1) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act, on or after July 1, 2017, community college districts that do not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2017, shall commence negotiations negotiate with the exclusive representatives bargaining representative for part-time, temporary faculty regarding the terms and conditions required by subdivision (b). The parties shall negotiate these rights for part-time, temporary faculty. (b) as follows:
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6664 (A) A community college district that does not have a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations upon the effective date of this section.
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6866 (B) A community college district that has a collective bargaining agreement with part-time, temporary faculty in effect as of January 1, 2023, shall commence negotiations no later than the expiration date of the collective bargaining agreement.
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7068 (C) The parties shall negotiate these rights for part-time, temporary faculty.
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7270 (2) It is the intent of the Legislature that both of the following shall occur:
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7472 (A) The adoption of provisions in compliance with subdivision (b) shall be included as part of the usual and customary negotiations between the community college district and the exclusive representative for part-time, temporary faculty.
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7674 (B) (i) A community college district shall establish minimum standards for the terms of reemployment preference for part-time, temporary faculty assignments through the negotiation process between the community college district and the exclusive representative for part-time, temporary faculty. These standards shall include all of the following:
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7876 (I) The length of time part-time, temporary faculty have served at the community college or district.
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8078 (II) The number of courses part-time, temporary faculty have taught at the community college or district.
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8280 (III) The evaluations of temporary faculty conducted pursuant to Section 87663 and other related methods of evaluation that can reliably be used to assess educational impact of temporary faculty as it relates to student success.
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8482 (IV) The availability, willingness, and expertise of part-time, temporary faculty to teach specific classes or take on specific assignments that are necessary for student instruction or services.
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8684 (ii) Additional standards may be considered and established through the negotiation process, as necessary.
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8886 (iii) Standards established pursuant to clause (ii) shall reflect the processes and procedures for both of the following:
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9088 (I) Assigning part-time, temporary faculty to teach courses or staff nonclassroom assignments.
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9290 (II) Evaluating part-time, temporary faculty.
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9492 (3) It is not the intent of the Legislature to require a community college district to increase the number of available part-time, temporary faculty assignments as a result of any increase to the minimum standards pursuant to paragraph (1) of subdivision (b).
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96-(b) As a condition of receiving funds allocated for the Student Equity and Achievement Program in the annual Budget Act and except as provided in subdivision (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith both of the following:
94+(b) As a condition of receiving funds allocated for the Student Success Equity and Support Achievement Program in the annual Budget Act and except as provided in subdivision (d), (c), a community college district described in subparagraph (A) or (B) of paragraph (1) of subdivision (a) and the exclusive representative of the part-time, temporary faculty shall negotiate in good faith all both of the following:
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98-(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards not exceeding the range of 80 to 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).
96+(1) The terms of reemployment preference for part-time, temporary faculty assignments based on the minimum standards up to not exceeding the range of 60 80 to 67 85 percent of a full-time equivalent load. The district shall not restrict the negotiated terms to less than the range of 80 to 85 percent, unless explicitly agreed upon for an individual part-time, temporary faculty member by that faculty member and the district. These terms shall also contain policies for termination, including, but not limited to, the evaluation process negotiated pursuant to paragraph (2).
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10098 (2) A regular evaluation process for part-time, temporary faculty pursuant to the requirements of Section 87663.
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100+(c)A community college district that has a collective bargaining agreement in effect as of July 1, 2017, that has satisfied the requirements of subdivision (b), and that executes a signed written agreement with the exclusive representative of the part-time, temporary faculty acknowledging implementation of subdivision (b), shall be deemed to be in compliance with this section while the bargaining agreement is in effect.
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104+(d)
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102108 (c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member.
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104-SEC. 2. 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 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
110+SEC. 2. 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 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
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106112 SEC. 2. Section 87482.5 of the Education Code is amended to read:
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108114 ### SEC. 2.
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110-87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
116+87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 67 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
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112-87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
118+87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 67 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
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114-87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
120+87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 67 85 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, 2023, 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, 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 shall not be construed to affect the requirements of subdivision (d) of Section 84362.
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118-87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 85 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, 2023, the provisions of this section shall govern the employees subject to that agreement upon the expiration of the agreement.
124+87482.5. (a) Notwithstanding any other law, a person who is employed to teach adult or community college classes for not more than 67 85 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, 2023, the provisions of this section shall govern the employees subject to that agreement upon the expiration of the agreement.
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120126 (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.
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122128 (c) (1) Service in professional ancillary activities by persons employed under this section, including, but not necessarily limited to, governance, staff development, grant writing, 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.
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124-(2) This subdivision shall not be construed to affect the requirements of subdivision (d) of Section 84362.
130+(2) This subdivision may shall not be construed to affect the requirements of subdivision (d) of Section 84362.