HOUSE DOCKET, NO. 1922        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 639

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul W. Mark and Eileen M. Donoghue

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act investing in public higher education.

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PETITION OF:

HOUSE DOCKET, NO. 1922        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 639

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act investing in public higher education.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Faculty Restoration and Equity Fund, hereinafter referred to as the fund. The fund shall provide resources to institutions of public higher education in the commonwealth to: (1) Increase the number of undergraduate courses taught by tenure and tenure-track faculty members at each institutional department; (2) ensure adequate support staff at each institutional department; and (3) ensure that part-time and other non-tenure track faculty receive fully comparable pay and benefits to full-time tenure and tenure-track faculty according to the provisions of section 2 of this act. The department of higher education shall determine funding allocation, with priority given to institutions with the highest utilization of part-time and non-tenure track faculty.

SECTION 2. Chapter 15A of the General Laws, as appearing in the 2014 Official Edition , is hereby amended by inserting, after section 16, the following new section:-

Section 16A. There shall be a Finish Line Scholarship Program to provide scholarships to cover the entire cost of tuition and fees for one year other than the first, in a program leading to an associate’s or bachelor’s degree at a Massachusetts public college or university. The scholarships will be available to residents of the Commonwealth in need of financial assistance whose family income is less than one hundred seventy five percent of median family income in Massachusetts.

The Department of Higher Education shall establish guidelines governing said program, which shall include but not be limited to eligibility requirements, selection criteria (such as acceptable grades and an academic plan for timely degree completion), and other guidelines designed to help meet the department’s goals, such as increasing overall student success and graduation rates, and lowering achievement gaps for high-risk students; provided, further, that no funds from this scholarship program may be used to pay the tuition or fees for any course or program offered or administered by a non-public entity and that no student shall be eligible to receive a scholarship from this program more than one time.

The funds for the program are meant to supplement and not supplant existing scholarship funds; funds for this program shall not be derived from existing financial aid programs the Commonwealth administers.

The department shall provide the Joint Committee on Higher Education of the General Court a report analyzing the usage, achievements and costs of this program, together with recommendations for its future, no later than 120 days following the program’s first year of operation.

SECTION  3. Section 3(2)(d) of Chapter 32, as appearing in the 2014 Official Edition, is amended by adding the following new paragraph:

For purposes of this section and notwithstanding the provisions of this chapter or any other general or special law, rule or regulation to the contrary, any faculty who teach the equivalent of at least two three credit courses per semester or four three or more- credit courses per calendar year at one or more state higher education institution, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, shall be considered an employee eligible for membership in the state employees retirement system and shall earn creditable service for such time.

SECTION 4. Section 4(2)(b) of Chapter 32, as appearing in the 2014 Official Edition, is amended by inserting the following in line 459 after the word “membership;”:

provided, that in the case of any faculty employed at one or more state higher education institution, the board shall credit as at least one-half year of service, actual service teaching the equivalent of at least four three- credit courses per calendar year;

SECTION 5. Section 4(2)(c) of Chapter 32, as appearing in the 2014 Official Edition, is amended by adding the following paragraph:

For faculty employed at one or more state higher education institution, the board, in accordance with the provisions of this section, shall allow credit for any previous period of service equivalent to teaching at least four three- credit courses per calendar year at one or more state higher education institution, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC.

SECTION 6. Section 1 of Chapter 32, as appearing in the 2014 Official Edition, is amended by inserting the following sentence in line 457 after the word “fund”:

In the case of part-time faculty employed at one or more state higher education institution, the full salary and wages received for teaching credit courses at one or more state higher education institution, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, shall be regarded as regular compensation and shall be included in the salary on which deductions are to be paid to the annuity savings fund.

SECTION  7. Section 2(e) of chapter 32A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended in line 117  by inserting after the word “hours” the following:-

or faculty who teach the equivalent of at least two three or more- credit courses per semester or four three or more- credit courses per calendar year at one of more state higher education institutions, including a division of continuing education, regardless of funding source, including but not limited to subsidiary account CC, and regardless of the term of employment

SECTION  8. Notwithstanding any law or regulation to the contrary, all part-time or non-tenure track faculty member employed at a public institution of higher education who are enrolled in the Commonwealth’s SMART Plan, as permitted by the federal Omnibus Budget Reconciliation Act of 1990, shall contribute at least 6.5% their  gross compensation per pay period to the SMART Plan and the state employees retirement system shall contribute an amount equal to not less than one percent of each employee's regular compensation.

SECTION 9 . Notwithstanding any law or regulation to the contrary, all part-time and adjunct faculty shall, subject to collective bargaining with the exclusive representatives of the full-time and part-time faculty at the public institution of higher education, receive pay that is equal, on a pro rata basis, with that of full-time, non-tenure track faculty of comparable qualifications doing comparable work.

SECTION  10. Notwithstanding any law or regulation to the contrary, each public institution of higher education shall establish a process under which part-time and other non-tenure track faculty, after successful completion of a probationary period, receive timely notice and priority consideration, consistent with other institutional and state policies, for part-time and non-tenure track teaching assignments. The provisions of this section are subject to collective bargaining between the public institutions of higher education and the exclusive representatives of part-time and non-tenure track faculty

SECTION 11. Notwithstanding any law or regulation to the contrary, each public institution of higher education shall create a process for ensuring that qualified non-tenure track faculty members receive full and fair consideration in attaining a tenure-track position when one becomes available, consistent with department needs, institutional and state affirmative action, and other personnel policies. This process shall ensure that non-tenure track faculty: (1) accumulate seniority; (2) are notified of job openings prior to the job being posted outside of the institution; and (3) are interviewed during the search and screen process. The provisions of this section are subject to collective bargaining between the public institution of higher education and the exclusive representatives of part time and non-tenure track faculty.

SECTION  12. Nothing in this legislation shall be construed to either limit or reduce salaries, benefits or hiring rights in existence at any public institution of higher education at the time this legislation passes into law.