Minimum Qualifications for Faculty A Discussion of What Is and What Might Be

Presenters Lori Gaskin Lake Tahoe Community College Mark Wade Lieu Ohlone College Jane Patton Mission College Barry Russell College of the Siskiyous

Education Code 87359(a) No one may be hired to serve as a community college faculty member or educational administrator under the authority granted by the regulations unless the governing board determines that he or she possesses qualifications that are at least equivalent to the minimum qualifications specified in regulations of the board of governors adopted pursuant to section The criteria used by the governing board in making the determinations shall be reflected in the governing board's action employing the individual.

Title 5 §53430: Equivalencies (a) No one may be hired to serve as a community college faculty or educational administrator unless the governing board determines that he or she possesses qualifications that are at least equivalent to the minimum qualifications specified in this Article or elsewhere in this Division. The criteria used by the governing board in making the determination shall be reflected in the governing board's action employing the individual.

Title 5 §53430 (continued) (b) The process, as well as criteria and standards by which the governing board reaches its determinations regarding faculty, shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that each individual faculty employed under the authority granted by this Section possesses qualifications that are at least equivalent to the applicable minimum qualifications specified in this Division.

Title 5 §53430 (continued) (c) The process shall further require that the academic senate be provided with an opportunity to present its views to the governing board before the governing board makes a determination; and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Education Code Section (d) Until a joint agreement is reached and approved pursuant to Subdivision (b), the district shall be bound by the minimum qualifications set forth in this Subchapter.

Legal Opinion L You requested our assessment of the ability of a community college district to establish a single- course equivalency for hiring faculty. We understand your question to focus on whether a person may be considered to meet minimum qualifications for purposes of teaching a single class where that person does not possess the minimum qualifications (usually a master’s degree or its equivalent) in the discipline under which the single course falls.

L (continued) Education Code section verifies that each individual faculty member is expected to possess minimum qualifications under the regulations. The regulations demonstrate that the focus of minimum qualifications for "teaching faculty" is on the qualifications of persons to teach in a discipline, not to teach individual courses.

L (continued) The concept of expertise within a discipline is reflected elsewhere in the regulations. Title 5 section allows persons who have been employed "to teach in a discipline" to continue teaching even if the minimum qualifications or disciplines list are amended after the person is initially hired. Based on the foregoing, we conclude that a district is not authorized to establish a single course equivalency as a substitute for meeting minimum qualifications in a discipline.

Resolution F Resolved that the Academic Senate for California Community Colleges affirm its support that the minimum standards for hire and their equivalencies are for disciplines, not single courses; and Resolved that the Academic Senate for California Community Colleges propose regulatory language to the Board of Governors to support this position.

Survey Results Conducted March 2008 Total responses = 94 CIOs: 27 Faculty: 32 Unidentified: 35 Does your college have challenges hiring qualified faculty? Yes = 53.2% No = 12.8% Developed a workable system = 34.0%

Survey Results (continued) Comments:  Rural, remote colleges - limited access to MQed adjunct faculty for a discipline; however have expertise in a specific subject area  Difficulty in certain disciplines (e.g., math, science, physical education, performing arts, CTE)  Specialized subfields within a broad discipline where course specific expertise beneficial  Skilled individuals in CTE (experience; licensure/testing) but no degree Constituency with the greatest concern? Academic Senate = 71.4%Faculty Union(s) = 14.3% Administration = 63.3% Other = 14.3%

Survey Results (continued) Support maintaining current MQs legal guidelines? Faculty: Yes = 20; Desire flexibility = 6; No = 2 CIOs: Yes = 11; Desire flexibility = 13; No = 2 Unidentified: Yes = 18; Desire flexibility = 10; No = 3 Currently grant SCEs for adjunct faculty? No = 76.7% Yes & call it SCE = 13.3% Yes & call it something else = 10.0%

Your Thoughts? In small groups of four or five people, discuss the scenario on the following slide. Please take notes on your discussion for us to collect at the end of the session. Be prepared to do a brief summation of your discussion (one to two minutes)

Imagine… You are setting up your own California community college and have no restrictions or rules. You want to offer transfer, basic skills, CTE courses - an array of college courses - and you want to maintain integrity and ensure that only qualified faculty teach the classes.  What criteria would you use for the selection of faculty?  What safeguards would you put in place to prevent abuses?