Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S940 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2009 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 940
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul W. Mark
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 :Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	Vanna Howard17th Middlesex2/3/2025Michael D. BradySecond Plymouth and Norfolk2/3/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025James K. Hawkins2nd Bristol2/11/2025Mike Connolly26th Middlesex2/14/2025Patricia D. JehlenSecond Middlesex2/19/2025Adam J. Scanlon14th Bristol2/27/2025James B. EldridgeMiddlesex and Worcester2/27/2025 1 of 4
18	18	SENATE DOCKET, NO. 2009 FILED ON: 1/17/2025
19	19	SENATE . . . . . . . . . . . . . . No. 940
20	20	By Mr. Mark, a petition (accompanied by bill, Senate, No. 940) of Paul W. Mark, Vanna
21	21	Howard, Michael D. Brady, Jacob R. Oliveira and other members of the General Court for
22	22	legislation to improve the working conditions and benefits of part-time and adjunct faculty at
23	23	public institutions of higher education Commonwealth. Higher Education.
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act promoting an adjunct bill of rights.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. There is hereby established and set up on the books of the commonwealth a
33	33	2separate fund to be known as the Faculty Restoration and Equity Fund, hereinafter referred to as
34	34	3the fund. The fund shall provide resources to institutions of public higher education in the
35	35	4commonwealth to: (1) ensure that no less than 75 percent of undergraduate courses are taught by
36	36	5full-time faculty and (2) ensure adequate support staff at each institution by requiring that no less
37	37	6than 75 percent of support and professional staff in each institutional department are full-time
38	38	7employees; and (3) ensure that part-time and other non-tenure track faculty receive fully
39	39	8comparable pay, including per course pay parity, and benefits to full-time tenure and tenure-track
40	40	9faculty according to the provisions of section 2 of this Act. The Department of Higher Education
41	41	10shall determine funding allocation, prioritizing institutions with the highest utilization of part-
42	42	11time and non-tenure track faculty. 2 of 4
43	43	12 SECTION 2. Section 3(2)(d) of Chapter 32, as appearing in the 2022 Official Edition, is
44	44	13amended by adding the following new paragraph:
45	45	14 For purposes of this section and notwithstanding the provisions of this chapter or any
46	46	15other general or special law, rule, or regulation to the contrary, any faculty who teach the
47	47	16equivalent of at least two three-credit courses per semester or four three- or more- credit courses
48	48	17per calendar year at one or more state higher education institution, including a division of
49	49	18continuing education, regardless of funding source, including but not limited to subsidiary
50	50	19account CC, shall be considered an employee eligible for membership in the state employees
51	51	20retirement system and shall earn creditable service for such time.
52	52	21 SECTION 3. Section 4(2)(b) of Chapter 32, as appearing in the 2022 Official Edition, is
53	53	22amended by inserting the following in line 476 after the word “membership” the following; -
54	54	23 Provided that in the case of any faculty employed at one or more state higher education
55	55	24institutions, the board shall credit as at least one-half year of service, actual service teaching the
56	56	25equivalent of at least four three-credit courses per calendar year;
57	57	26 SECTION 4. Section 4(2)(c) of Chapter 32, as appearing in the 2022 Official Edition, is
58	58	27amended by adding the following paragraph: -
59	59	28 For faculty employed at one or more state higher education institutions, the board, in
60	60	29accordance with the provisions of this section, shall allow credit for any previous period of
61	61	30service equivalent to teaching at least four three-credit courses per calendar year at one or more
62	62	31state higher education institutions, including a division of continuing education, regardless of
63	63	32funding source, including but not limited to subsidiary account CC. 3 of 4
64	64	33 SECTION 5. Section 1 of Chapter 32, as appearing in the 2022 Official Edition, is
65	65	34amended by inserting in line 457 after the word “fund.” the following sentence: -
66	66	35 In the case of part-time faculty employed at one or more state higher education
67	67	36institutions, the full salary and wages received for teaching credit courses at one or more state
68	68	37higher education institutions, including a division of continuing education, regardless of funding
69	69	38source, including but not limited to subsidiary account CC, shall be regarded as regular
70	70	39compensation and shall be included in the salary on which deductions are to be paid to the
71	71	40annuity savings fund.
72	72	41 SECTION 6. Section 2 (e) of chapter 32A of the General Laws, as appearing in the 2022
73	73	42Official Edition, is hereby amended in line 114 by inserting after the word “hours” the following:
74	74	43-
75	75	44 Or faculty who teach the equivalent of at least two or more- credit courses per semester
76	76	45or four three or more- credit courses per calendar year at one of more state higher education
77	77	46institutions, including a division of continuing education, regardless of funding source, including
78	78	47but not limited to subsidiary account CC, and regardless of the term of employment;
79	79	48 SECTION 7. Notwithstanding any law or regulation to the contrary, the state employees'
80	80	49retirement system shall contribute an amount equal to not less than 7.5 percent of each
81	81	50employee's regular compensation to all part-time or non-tenure track faculty members employed
82	82	51at a public institution of higher education who are enrolled in the Commonwealth s SMART
83	83	52Plan, as permitted by the federal Omnibus Budget Reconciliation Act of 1990.
84	84	53 SECTION 8. Notwithstanding any law or regulation to the contrary, all part-time and
85	85	54adjunct faculty shall, subject to collective bargaining with the exclusive representatives of the 4 of 4
86	86	55full-time and part-time faculty at the public institution of higher education, receive equal pay on
87	87	56a pro-rata basis, with that of full-time, non-tenure track faculty of comparable qualifications
88	88	57doing comparable work.
89	89	58 SECTION 9. Notwithstanding any law or regulation to the contrary, each public
90	90	59institution of higher education shall establish a process under which part-time and other non-
91	91	60tenure track faculty, after successful completion of a probationary period, receive timely notice
92	92	61and priority consideration, consistent with other institutional and state policies, for part-time and
93	93	62non-tenure track teaching assignments. The provisions of this section are subject to collective
94	94	63bargaining between the public institutions of higher education and the exclusive representatives
95	95	64of part-time and non-tenure track faculty.
96	96	65 SECTION 10. Notwithstanding any law or regulation to the contrary, each public
97	97	66institution of higher education shall create a process for ensuring that qualified non-tenure track
98	98	67faculty members receive full and fair consideration in attaining a tenure-track position when one
99	99	68becomes available, consistent with department needs, institutional and state affirmative action,
100	100	69and other personnel policies. This process shall ensure that non-tenure track faculty (1)
101	101	70accumulate seniority, (2) are notified of job openings prior to the job being posted outside of the
102	102	71institution, and (3) are interviewed during the search and screening process. The provisions of
103	103	72this section are subject to collective bargaining between the public institution of higher education
104	104	73and the exclusive representatives of part-time and non-tenure track faculty.
105	105	74 SECTION 11. Nothing in this Act shall be construed to limit or reduce salaries, benefits,
106	106	75or hiring rights existing at any public institution of higher education when this legislation passes
107	107	76into law.