BILL REQ. #:  S-2102.4 

READ FIRST TIME 02/28/07.   

     AN ACT Relating to higher education; adding a new section to chapter 28B.52 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.52 RCW to read as follows:
     (1) It is the purpose of this section to address growing concerns about the academic staffing crisis in the state's public two-year colleges. Staffing issues, including the overuse of adjunct faculty along with the shrinking ranks of full-time tenured faculty, limit the ability of the state system of higher education to provide high quality education, improve graduation rates, conduct research, and provide support for economic development.
     (2)(a) It is the goal of this section to increase the number of positions designated as full-time tenure-track faculty positions by ten percent in each individual college by 2013. The base number shall be the number of full-time tenure-track positions budgeted in fall quarter 2006, including those positions not currently filled.
     (b) It is further the goal of this section to have salaries in institutions of higher education that will attract and retain the best faculty possible to educate the citizens of Washington state. Faculty salaries are of particular concern because average salaries for two-year faculty are substantially below average salaries in comparable global challenge states. To achieve this goal, salaries for full-time faculty should be increased above a regular cost-of-living increase until by 2013 salaries are in the top quarter for faculty of comparable rank in global challenge states. In addition, to achieve this goal, each institution of higher education should determine a salary standard for adjunct faculty members employed in each academic, technical, basic studies, or other department that, subject to collective bargaining with the exclusive representatives of faculty, constitutes a pro rata salary compared to the salaries of full-time tenured faculty members of comparable qualifications doing comparable work.
     (c) It is further the goal of this section to improve the job security of nontenure-track faculty.
     (3) By December 2007, each institution of higher education shall create a plan to meet its goals in subsection (2) of this section, subject to collective bargaining with the exclusive representatives of the faculty.
     (a) In its plan, the institution shall state how it intends to meet its goal of increasing full-time, tenure-track positions by converting work done by adjuncts while making every effort to protect the employment of currently employed adjuncts. The plan shall give priority for increasing tenure-track positions in mathematics, science, English, basic studies, early learning, and high demands fields but may include other disciplines.
     (b) In its plan, the institution shall create a process for ensuring that qualified internal applicants receive priority consideration for attaining a tenure-track position when one becomes available consistent with institutional and state affirmative action and other personnel policies.
     (c) In its plan, the institution shall determine the level at which the salaries for its full-time tenure-track faculty are below the seventy-fifth percentile of comparable institutions in global challenge states and the cost of increasing its salaries to the seventy-fifth percentile with a method for equitably increasing individual salaries.
     (d) In its plan, the institution shall determine the method by which prorated salaries for adjuncts will be determined and the method for equitably increasing individual salaries, taking into account experience within the institution as well as qualifications.
     (e) In its plan, the institution shall establish a process, subject to collective bargaining, under which adjunct faculty, after successful completion of a probationary period, receives timely notice of and priority consideration for adjunct teaching assignments in coming academic terms. The priority consideration shall include either rights of first refusal for eligible classes or an annual contract with due process rights.
     (f) The individual college plans shall be reviewed by the state board for community and technical colleges in determining its biennial budget request.
     (4) Each institution shall establish a faculty restoration and equity account. To the extent funds are appropriated to the state board for community and technical colleges in furtherance of the goals of this section, moneys shall be allocated to the individual college accounts on an equitable basis when full funds are not available; however, colleges may use existing funds to supplement legislative appropriations.
     (5) This section shall not be construed to either limit or reduce salaries, benefits, or hiring rights in existence at an institution of higher education on the effective date of this section or subsequently established.
     (6) As used in this section, "institution of higher education" has the same meaning as in RCW 28B.10.016.

NEW SECTION.  Sec. 2   (1) It is the purpose of this section to address growing concerns about the academic staffing crisis in higher education. Staffing issues limit the ability of the state system of higher education to provide high quality education, improve retention rates, conduct research, and provide support for economic development. Faculty salaries are of particular concern because the salaries for four-year faculty are in the bottom quarter of comparable global challenge states. The legislature finds that in order to attract the highest quality faculty, the salaries should be in the top quarter of global challenge states.
     (2) The Washington state institute for public policy shall conduct a study of the faculty employment practices of Washington state's public four-year colleges and universities and comparable four-year institutions in the top quartile global challenge states. The study shall identify academic disciplines with significant staffing challenges in Washington state, then compare the conditions of employment of faculty in these disciplines with the faculty in similar institutions in the top quartile global challenge states. The purpose of the study is to guide the state in making future determinations on funding and legislation on these issues.
     (3) For the purpose of this study, the institute shall convene an advisory committee. The committee shall include a representative from: The higher education coordinating board, the council of presidents, the administration of each four-year and research institution of higher education, and the faculty of each four-year and research institution of higher education. In selecting the faculty representatives for the committee, the institute shall confer with the exclusive bargaining representatives of faculty where they exist and the faculty governing bodies where there is no bargaining representative. Before conducting the study, the institute shall convene the advisory group to identify academic disciplines with significant staffing challenges and to develop the study methodology. In addition to offering advice on the conduct of the study, the committee shall ensure the cooperation of necessary staff at Washington state institutions and assist in seeking the cooperation of out-of-state institutions.
     (4) The Washington state institute for public policy shall report its findings to the legislature, local governing boards, and other interested parties by June 30, 2008. The report shall identify key differences in faculty hiring and compensation practices of public colleges and universities in Washington state and similar institutions in the top quartile global challenge states, and describe the possible outcomes and fiscal consequences associated with adopting those practices. The report shall include but not be limited to comparisons of salaries, benefits, and other tangible or intangible compensation for tenured, nontenured, full-time, and part-time faculty, and the effect of compensation on recruitment and retention. The report shall also examine issues specifically related to nontenured and part-time faculty, including but not limited to job security and the implications of increased reliance on nontenured and part-time faculty.