Massachusetts 2025 2025-2026 Regular Session

Massachusetts House Bill H1429 Introduced / Bill

Filed 02/27/2025

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HOUSE DOCKET, NO. 1827       FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1429
The Commonwealth of Massachusetts
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PRESENTED BY:
Patricia A. Duffy and Sean Garballey
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act promoting an adjunct bill of rights.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Patricia A. Duffy5th Hampden1/15/2025Sean Garballey23rd Middlesex1/15/2025Lindsay N. Sabadosa1st Hampshire1/29/2025Vanna Howard17th Middlesex1/29/2025Michael D. BradySecond Plymouth and Norfolk2/5/2025Christopher Richard Flanagan1st Barnstable2/5/2025Rodney M. Elliott16th Middlesex2/5/2025Danillo A. Sena37th Middlesex2/5/2025Paul McMurtry11th Norfolk2/5/2025Erika Uyterhoeven27th Middlesex2/12/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/12/2025Natalie M. Higgins4th Worcester2/12/2025James K. Hawkins2nd Bristol2/12/2025Margaret R. Scarsdale1st Middlesex2/18/2025Mike Connolly26th Middlesex2/18/2025Christine P. Barber34th Middlesex2/19/2025Kevin G. Honan17th Suffolk3/4/2025Adam J. Scanlon14th Bristol3/4/2025 2 of 2
James B. EldridgeMiddlesex and Worcester3/4/2025 1 of 4
HOUSE DOCKET, NO. 1827       FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1429
By Representatives Duffy of Holyoke and Garballey of Arlington, a petition (accompanied by 
bill, House, No. 1429) of Patricia A. Duffy, Sean Garballey and others for legislation to establish 
a faculty restoration and equity fund. Higher Education.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act promoting an adjunct bill of rights.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Section 1. There is hereby established and set up on the books of the commonwealth a 
2separate fund to be known as the Faculty Restoration and Equity Fund, hereinafter referred to as 
3the fund. The fund shall provide resources to institutions of public higher education in the 
4commonwealth to: (1) ensure that no less than 75 percent of undergraduate courses are taught by 
5full time faculty and (2) ensure adequate support staff at each institutional by requiring that that 
6no less than 75 percent of support and professional staff in each institutional department are full 
7time employees; and (3) ensure that part-time and other non-tenure track faculty receive fully 
8comparable pay, including per course pay parity, and benefits to full-time tenure and tenure-track 
9faculty according to the provisions of section 2 of this act. The department of higher education 
10shall determine funding allocation, with priority given to institutions with the highest utilization 
11of part-time and non-tenure track faculty. 2 of 4
12 Section 2. Section 3(2)(d) of Chapter 32, as appearing in the 2022 Official Edition, is 
13amended by adding the following new paragraph:
14 For purposes of this section and notwithstanding the provisions of this chapter or any 
15other general or special law, rule or regulation to the contrary, any faculty who teach the 
16equivalent of at least two three credit courses per semester or four three- or more- credit courses 
17per calendar year at one or more state higher education institution, including a division of 
18continuing education, regardless of funding source, including but not limited to subsidiary 
19account CC, shall be considered an employee eligible for membership in the state employees 
20retirement system and shall earn creditable service for such time.
21 Section 3. Section 4(2)(b) of Chapter 32, as appearing in the 2022 Official Edition, is 
22amended by inserting the following in line 476 after the word “membership” the following; - 
23 provided, that in the case of any faculty employed at one or more state higher education 
24institution, the board shall credit as at least one-half year of service, actual service teaching the 
25equivalent of at least four three- credit courses per calendar year;
26 Section 4. Section 4(2)(c) of Chapter 32, as appearing in the 2022 Official Edition, is 
27amended by adding the following paragraph: -
28 For faculty employed at one or more state higher education institution, the board, in 
29accordance with the provisions of this section, shall allow credit for any previous period of 
30service equivalent to teaching at least four three- credit courses per calendar year at one or more 
31state higher education institution, including a division of continuing education, regardless of 
32funding source, including but not limited to subsidiary account CC. 3 of 4
33 Section 5. Section 1 of Chapter 32, as appearing in the 2022 Official Edition, is amended 
34by inserting in line 457 after the word “fund.” the following sentence: -
35 In the case of part-time faculty employed at one or more state higher education 
36institution, the full salary and wages received for teaching credit courses at one or more state 
37higher education institution, including a division of continuing education, regardless of funding 
38source, including but not limited to subsidiary account CC, shall be regarded as regular 
39compensation and shall be included in the salary on which deductions are to be paid to the 
40annuity savings fund.
41 Section 6. Section 2 (e) of chapter 32A of the 	General Laws, as appearing in the 2022 
42Official Edition, is hereby amended in line 114 by inserting after the word “hours” the following: 
43- or faculty who teach the equivalent of at least two three or more- credit courses per semester or 
44four three or more- credit courses per calendar year at one of more state higher education 
45institutions, including a division of continuing education, regardless of funding source, including 
46but not limited to subsidiary account CC, and regardless of the term of employment;
47 Section 7. Notwithstanding any law or regulation to the contrary, the state employees 
48retirement system shall contribute an amount equal to not less than 7.5 percent of each 
49employee's regular compensation to all part-time or non-tenure track faculty member employed 
50at a public institution of higher education who are enrolled in the Commonwealth s SMART 
51Plan, as permitted by the federal Omnibus Budget Reconciliation Act of 1990.
52 Section 8. Notwithstanding any law or regulation to the contrary, all part-time and 
53adjunct faculty shall, subject to collective bargaining with the exclusive representatives of the 
54full-time and part-time faculty at the public institution of higher education, receive pay that is  4 of 4
55equal, on a pro rata basis, with that of full-time, non-tenure track faculty of comparable 
56qualifications doing comparable work.
57 Section 9. Notwithstanding any law or regulation to the contrary, each public institution 
58of higher education shall establish a process under which part-time and other non-tenure track 
59faculty, after successful completion of a probationary period, receive timely notice and priority 
60consideration, consistent with other institutional and state policies, for part-time and non-tenure 
61track teaching assignments. The provisions of this section are subject to collective bargaining 
62between the public institutions of higher education and the exclusive representatives of part-time 
63and non-tenure track faculty
64 Section 10. Notwithstanding any law or regulation to the contrary, each public institution 
65of higher education shall create a process for ensuring that qualified non-tenure track faculty 
66members receive full and fair consideration in attaining a tenure-track position when one 
67becomes available, consistent with department needs, institutional and state affirmative action, 
68and other personnel policies. This process shall ensure that non-tenure track faculty: (1) 
69accumulate seniority; (2) are notified of job openings 	prior to the job being posted outside of the 
70institution; and (3) are interviewed during the search and screen process. The provisions of this 
71section are subject to collective bargaining between the public institution of higher education and 
72the exclusive representatives of part time and non-tenure track faculty. 
73 Section 11. Nothing in this act shall be construed to either limit or reduce salaries, 
74benefits or hiring rights in existence at any public institution of higher education at the time this 
75legislation passes into law.