Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1429 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1827 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1429
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Duffy and Sean Garballey
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act promoting an adjunct bill of rights.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	James B. EldridgeMiddlesex and Worcester3/4/2025 1 of 4
17	17	HOUSE DOCKET, NO. 1827 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1429
19	19	By Representatives Duffy of Holyoke and Garballey of Arlington, a petition (accompanied by
20	20	bill, House, No. 1429) of Patricia A. Duffy, Sean Garballey and others for legislation to establish
21	21	a faculty restoration and equity fund. Higher Education.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act promoting an adjunct bill of rights.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Section 1. There is hereby established and set up on the books of the commonwealth a
31	31	2separate fund to be known as the Faculty Restoration and Equity Fund, hereinafter referred to as
32	32	3the fund. The fund shall provide resources to institutions of public higher education in the
33	33	4commonwealth to: (1) ensure that no less than 75 percent of undergraduate courses are taught by
34	34	5full time faculty and (2) ensure adequate support staff at each institutional by requiring that that
35	35	6no less than 75 percent of support and professional staff in each institutional department are full
36	36	7time employees; and (3) ensure that part-time and other non-tenure track faculty receive fully
37	37	8comparable pay, including per course pay parity, and benefits to full-time tenure and tenure-track
38	38	9faculty according to the provisions of section 2 of this act. The department of higher education
39	39	10shall determine funding allocation, with priority given to institutions with the highest utilization
40	40	11of part-time and non-tenure track faculty. 2 of 4
41	41	12 Section 2. Section 3(2)(d) of Chapter 32, as appearing in the 2022 Official Edition, is
42	42	13amended by adding the following new paragraph:
43	43	14 For purposes of this section and notwithstanding the provisions of this chapter or any
44	44	15other general or special law, rule or regulation to the contrary, any faculty who teach the
45	45	16equivalent of at least two three credit courses per semester or four three- or more- credit courses
46	46	17per calendar year at one or more state higher education institution, including a division of
47	47	18continuing education, regardless of funding source, including but not limited to subsidiary
48	48	19account CC, shall be considered an employee eligible for membership in the state employees
49	49	20retirement system and shall earn creditable service for such time.
50	50	21 Section 3. Section 4(2)(b) of Chapter 32, as appearing in the 2022 Official Edition, is
51	51	22amended by inserting the following in line 476 after the word “membership” the following; -
52	52	23 provided, that in the case of any faculty employed at one or more state higher education
53	53	24institution, the board shall credit as at least one-half year of service, actual service teaching the
54	54	25equivalent of at least four three- credit courses per calendar year;
55	55	26 Section 4. Section 4(2)(c) of Chapter 32, as appearing in the 2022 Official Edition, is
56	56	27amended by adding the following paragraph: -
57	57	28 For faculty employed at one or more state higher education institution, the board, in
58	58	29accordance with the provisions of this section, shall allow credit for any previous period of
59	59	30service equivalent to teaching at least four three- credit courses per calendar year at one or more
60	60	31state higher education institution, including a division of continuing education, regardless of
61	61	32funding source, including but not limited to subsidiary account CC. 3 of 4
62	62	33 Section 5. Section 1 of Chapter 32, as appearing in the 2022 Official Edition, is amended
63	63	34by inserting in line 457 after the word “fund.” the following sentence: -
64	64	35 In the case of part-time faculty employed at one or more state higher education
65	65	36institution, the full salary and wages received for teaching credit courses at one or more state
66	66	37higher education institution, including a division of continuing education, regardless of funding
67	67	38source, including but not limited to subsidiary account CC, shall be regarded as regular
68	68	39compensation and shall be included in the salary on which deductions are to be paid to the
69	69	40annuity savings fund.
70	70	41 Section 6. Section 2 (e) of chapter 32A of the General Laws, as appearing in the 2022
71	71	42Official Edition, is hereby amended in line 114 by inserting after the word “hours” the following:
72	72	43- or faculty who teach the equivalent of at least two three or more- credit courses per semester or
73	73	44four three or more- credit courses per calendar year at one of more state higher education
74	74	45institutions, including a division of continuing education, regardless of funding source, including
75	75	46but not limited to subsidiary account CC, and regardless of the term of employment;
76	76	47 Section 7. Notwithstanding any law or regulation to the contrary, the state employees
77	77	48retirement system shall contribute an amount equal to not less than 7.5 percent of each
78	78	49employee's regular compensation to all part-time or non-tenure track faculty member employed
79	79	50at a public institution of higher education who are enrolled in the Commonwealth s SMART
80	80	51Plan, as permitted by the federal Omnibus Budget Reconciliation Act of 1990.
81	81	52 Section 8. Notwithstanding any law or regulation to the contrary, all part-time and
82	82	53adjunct faculty shall, subject to collective bargaining with the exclusive representatives of the
83	83	54full-time and part-time faculty at the public institution of higher education, receive pay that is 4 of 4
84	84	55equal, on a pro rata basis, with that of full-time, non-tenure track faculty of comparable
85	85	56qualifications doing comparable work.
86	86	57 Section 9. Notwithstanding any law or regulation to the contrary, each public institution
87	87	58of higher education shall establish a process under which part-time and other non-tenure track
88	88	59faculty, after successful completion of a probationary period, receive timely notice and priority
89	89	60consideration, consistent with other institutional and state policies, for part-time and non-tenure
90	90	61track teaching assignments. The provisions of this section are subject to collective bargaining
91	91	62between the public institutions of higher education and the exclusive representatives of part-time
92	92	63and non-tenure track faculty
93	93	64 Section 10. Notwithstanding any law or regulation to the contrary, each public institution
94	94	65of higher education shall create a process for ensuring that qualified non-tenure track faculty
95	95	66members receive full and fair consideration in attaining a tenure-track position when one
96	96	67becomes available, consistent with department needs, institutional and state affirmative action,
97	97	68and other personnel policies. This process shall ensure that non-tenure track faculty: (1)
98	98	69accumulate seniority; (2) are notified of job openings prior to the job being posted outside of the
99	99	70institution; and (3) are interviewed during the search and screen process. The provisions of this
100	100	71section are subject to collective bargaining between the public institution of higher education and
101	101	72the exclusive representatives of part time and non-tenure track faculty.
102	102	73 Section 11. Nothing in this act shall be construed to either limit or reduce salaries,
103	103	74benefits or hiring rights in existence at any public institution of higher education at the time this
104	104	75legislation passes into law.