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

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

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul W. Mark and Eileen M. Donoghue

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Paul W. Mark

2nd Berkshire

Eileen M. Donoghue

First Middlesex

Daniel Cahill

10th Essex

Aaron Vega

5th Hampden

Chris Walsh

6th Middlesex

Jack Lewis

7th Middlesex

Michael J. Finn

6th Hampden

Mathew Muratore

1st Plymouth

Michael D. Brady

Second Plymouth and Bristol

Daniel J. Hunt

13th Suffolk

Carmine L. Gentile

13th Middlesex

José F. Tosado

9th Hampden

Jason M. Lewis

Fifth Middlesex

Smitty Pignatelli

4th Berkshire

Jay D. Livingstone

8th Suffolk

Daniel M. Donahue

16th Worcester

Thomas J. Calter

12th Plymouth

Frank A. Moran

17th Essex

John W. Scibak

2nd Hampshire

Jay R. Kaufman

15th Middlesex

James R. Miceli

19th Middlesex

Sarah K. Peake

4th Barnstable

Denise Provost

27th Middlesex

Adrian Madaro

1st Suffolk

Frank I. Smizik

15th Norfolk

Ruth B. Balser

12th Middlesex

Lori A. Ehrlich

8th Essex

Paul McMurtry

11th Norfolk

Thomas M. Stanley

9th Middlesex

John J. Lawn, Jr.

10th Middlesex

John C. Velis

4th Hampden

Colleen M. Garry

36th Middlesex

James J. Dwyer

30th Middlesex

Sal N. DiDomenico

Middlesex and Suffolk

Marjorie C. Decker

25th Middlesex

Claire D. Cronin

11th Plymouth

Kay Khan

11th Middlesex

Solomon Goldstein-Rose

3rd Hampshire

Joseph W. McGonagle, Jr.

28th Middlesex

David M. Rogers

24th Middlesex

Mike Connolly

26th Middlesex

Paul Tucker

7th Essex

Daniel J. Ryan

2nd Suffolk

Brendan P. Crighton

Third Essex

Barbara A. L'Italien

Second Essex and Middlesex

Carole A. Fiola

6th Bristol

Thomas M. McGee

Third Essex

Bruce J. Ayers

1st Norfolk

Carlos González

10th Hampden

Brian M. Ashe

2nd Hampden

Patrick M. O'Connor

Plymouth and Norfolk

Antonio F. D. Cabral

13th Bristol

James J. O'Day

14th Worcester

Natalie Higgins

4th Worcester

Louis L. Kafka

8th Norfolk

Christine P. Barber

34th Middlesex

Paul R. Heroux

2nd Bristol

James M. Cantwell

4th Plymouth

Peter V. Kocot

1st Hampshire

Robert M. Koczera

11th Bristol

David Paul Linsky

5th Middlesex

Brian Murray

10th Worcester

Jennifer E. Benson

37th Middlesex

Gerard Cassidy

9th Plymouth

Jennifer L. Flanagan

Worcester and Middlesex

Tricia Farley-Bouvier

3rd Berkshire

Ann-Margaret Ferrante

5th Essex

Gailanne M. Cariddi

1st Berkshire

Walter F. Timilty

Norfolk, Bristol and Plymouth

Kenneth I. Gordon

21st Middlesex

Joan Meschino

3rd Plymouth

Steven Ultrino

33rd Middlesex

Mary S. Keefe

15th Worcester

Joan B.  Lovely

Second Essex

James B. Eldridge

Middlesex and Worcester

Sean Garballey

23rd Middlesex

Harold P. Naughton, Jr.

12th Worcester

Bud Williams

11th Hampden

Alan Silvia

7th Bristol

Tackey Chan

2nd Norfolk

John J. Mahoney

13th Worcester

James M. Murphy

4th Norfolk

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

Russell E. Holmes

6th Suffolk

Michelle M. DuBois

10th Plymouth

Michael O. Moore

Second Worcester

RoseLee Vincent

16th Suffolk

Stephan Hay

3rd Worcester

Linda Dean Campbell

15th Essex

Michael S. Day

31st Middlesex

Julian Cyr

Cape and Islands

Jonathan D. Zlotnik

2nd Worcester

Dylan Fernandes

Barnstable, Dukes and Nantucket

Paul A. Schmid, III

8th Bristol

James E. Timilty

Bristol and Norfolk

Kevin G. Honan

17th Suffolk

Paul Brodeur

32nd Middlesex

Stephen Kulik

1st Franklin

Joseph A. Boncore

First Suffolk and Middlesex

Elizabeth A. Malia

11th Suffolk

Patricia D. Jehlen

Second Middlesex

Thomas A. Golden, Jr.

16th Middlesex

Jeffrey N. Roy

10th Norfolk

James Arciero

2nd Middlesex

John H. Rogers

12th Norfolk

Jonathan Hecht

29th Middlesex


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

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

By Representative Mark of Peru and Senator Donoghue, a joint petition (accompanied by bill, House, No. 639) of Paul W. Mark, Eileen M. Donoghue and others relative to public higher education.  Higher Education.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

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.