HB247 By Representatives McMillan, Collins, Baker, Shiver and Sells RFD Education Policy Rd 1 16-FEB-16

SYNOPSIS: Under existing law the Alabama Community College System operates as a department of state government.

This bill would limit application of the Students First Act of 2011 to faculty and staff employed by community and technical colleges before January 1, 2017.

This bill would establish the Alabama Community College System as a body corporate under the laws of the state and grant corporate powers to the system that are similar to those held by the institutions of four-year institutions of higher education within the state.

This bill would authorize the Board of Trustees of the Alabama Community College System, within a time certain, to establish standards and procedures for the discipline and termination of employment of faculty and staff of the community and technical colleges.

This bill would also provide certain powers to the Board of Trustees of the Alabama Community College System relating to the acquisition of and disposition of property.

A BILL TO BE ENTITLED AN ACT

Relating to the Alabama Community College System; to amend Sections 3, 4, and 5 of Act 2015-125, 2015 Regular Session, now appearing as Sections 16-60-110.1, 16-60-111.4, 16-60-111.7, and 16-60-111.10, Code of Alabama 1975, so as to limit application of the Students First Act of 2011 to faculty and staff employed by community and technical colleges before January 1, 2017; to provide for the operation of the system as a body corporate; and to require the Board of Trustees of the Alabama Community College System, by rules and regulations, on or before January 1, 2017, to adopt procedures governing the discipline and termination of faculty and staff employed by community and technical colleges on or after January 1, 2017, in lieu of the Students First Act.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 3, 4, and 5 of Act 2015-125, 2015 Regular Session, now appearing as Sections 16-60-110.1, 16-60-111.4, 16-60-111.7, and 16-60-111.10 of the Code of Alabama 1975, are amended to read as follows:

§16-60-110.1.

"(a) There is created the Alabama Community College System as a department of state government body corporate under the name of the Alabama Community College System, which shall replace and succeed to the duties of the Department of Postsecondary Education and shall operate a system of community and technical colleges within the state. All references in state law to the Department of Postsecondary Education, Postsecondary Education Department, and Alabama College System, or terms of like import, shall be deemed to refer to the Alabama Community College System. The body corporate created by this subsection shall have all the rights, privileges, and powers necessary to the end of its creation.

"(b) The Alabama Community College System shall be governed by the Board of Trustees of the Alabama Community College System, as created in this article for the purpose of governing the community and technical colleges of the state.

"(c) Any other law to the contrary notwithstanding, the authority, powers, and duties assigned to the State Board of Education with respect to the supervision, administration, naming, financing, construction, and equipping of institutions of postsecondary education, including community and technical colleges, junior colleges, and trade schools, however described, are removed from the State Board of Education and delegated to the board, and all actions of such institutions of postsecondary education requiring the approval of the State Board of Education, commencing on May 12, 2015, shall require only approval of the board. Without limiting the generality of the foregoing, all references to the State Board of Education in Sections 16-3-37, 16-5-8.3, 16-5-13, 16-60-88, 16-60-330, 16-60-332, 16-60-335, and 16-60-338, shall be deemed to refer to the board.

§16-60-111.4.

"The board shall be authorized to:

"(1) Make rules and regulations for the government of community and technical colleges.

"(2) Prescribe for the community and technical colleges the courses of study to be offered and the conditions for granting certificates, diplomas and/or degrees.

"(3) Appoint or terminate the employment of the presidents of the community and technical colleges.

"(4) Direct the expenditure of legislative appropriations of community and technical colleges including, but not limited to, the allocation of the annual legislative appropriation as the board determines is in the best interests of the Alabama Community College System.

"(5) Prescribe qualifications for faculty and establish an annual salary schedule and tenure requirements for faculty at community and technical colleges.

"(6) By rules and regulations, establish standards, policies, regulations, and procedures for the discipline and termination of employment of faculty and staff employed by community and technical colleges.

"(6)(7) Accept gifts, donations, and devises and bequests of money and real and personal property for the benefit of community and technical colleges or any one of them.

"(7)(8) Establish a performance-based allocation process that is equitable and compatible with the services and programs offered by each individual campus.

§16-60-111.7.

"(a) For faculty and classified employees employed by the community and technical colleges before January 1, 2017, the The presidents of the community and technical colleges shall appoint, supervise, and terminate the employment of members of the faculty and staff of the community and technical colleges according to qualifications and procedures prescribed by rules and regulations of the board, the Students First Act of 2011, and such other regulations rules and regulations which may be adopted by the board.

"(b) The Students First Act of 2011 to the contrary notwithstanding, for faculty and classified employees employed by the community and technical colleges on or after January 1, 2017, the presidents of the community and technical colleges shall appoint, supervise, and terminate the employment of members of the faculty and staff according to qualifications and procedures prescribed by rules and regulations of the board and such other rules and regulations which may be adopted the board.

"(c) Subsection (b) to the contrary notwithstanding, any employee of the community and technical colleges who has attained tenured status under the Teacher Tenure Law or Students First Act of 2011, or nonprobationary status under the Fair Dismissal Act or the Students First Act of 2011 as of January 1, 2017, shall be deemed a tenured or nonprobationary employee and shall continue to be subject to the Students First Act of 2011.

"(d) Any employee of the community and technical colleges who has not attained tenured status under the Teacher Tenure Law or Students First Act of 2011, or nonprobationary status under the Fair Dismissal Act or the Students First Act of 2011, before January 1, 2017, shall be subject to the rules and regulations adopted by the board pursuant to this act relating to the attainment of tenure and nonprobationary status.

"(e) All employment actions and proceedings that have been initiated under the Teacher Tenure Law, the Fair Dismissal Act, or the Students First Act of 2011 that are pending on January 1, 2017, shall be completed under the statutory procedures that were in effect on the date the action or proceeding was commenced.

§16-60-111.10.

"The board may acquire and hold, real and personal property and may lease, and rent, convey, and dispose of real and personal property and may make such repairs and improvements on all property under its control as may be for the best interests of the community and technical colleges and, subject to the approval of the Governor, may acquire, sell, and convey title to real estate. The board may make repairs and improvements on all property under its control as may be for the best interests of the community and technical colleges. All property held before May 12, 2015, by or for the benefit of any of the community and technical colleges of the state, whether held in the name of the board, the Alabama Community College System, the State Board of Education, or a community or technical college shall, without the necessity of any further conveyance, be owned by the Alabama Community College System and shall be controlled by the board. All real property acquired on and after May 12, 2015, for the benefit of community and technical colleges shall be acquired by and in the name of the Alabama Community College System. Personal property acquired after that date may be acquired in the name of the Alabama Community College System or of the community or technical college for whose benefit it is acquired."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Alabama Community College System

Board of Trustees

Teacher Tenure

Colleges and Universities

Education

Acts Amended

Code Amended