Revisiting the 50% Law and the Faculty Obligation Number

Spring
2021
Resolution Number
06.01
 
Contact
Assigned to
President
Category
State and Legislative Issues
Status
Assigned

Whereas, California Education Code §84362, also known as the 50% Law, designates a minimum of 50% of a college’s general fund budget for direct instruction, but the current definition of instruction under the 50% law does not include support faculty such as counselors, librarians, tutorial coordinators, and any other faculty not actively in a classroom, and thus the 50% law becomes a fiscal and structural barrier to student support;

Whereas, The faculty obligation number, colloquially called the FON, sets a minimum number of full-time faculty to be employed by each college, but the FON is based on an antiquated formula and does not recognize some essential faculty groups such as noncredit faculty;

Whereas, In 2016 a workgroup of stakeholders 1, consisting of both faculty and administrators, commissioned by the California Community Colleges Chancellor’s Office came together to explore issues with the 50% Law and the FON and presented recommendations for revisions titled “The 50% Law and the Faculty Obligation Number: A Proposal,” finding that instructional practices have changed and have become a shared activity between instruction and support with an increasing focus on services that actively support student success, and that proposal was updated in 2019 with “The 50% Law and the Faculty Obligation Number: An Updated Proposa” 2; and

Whereas, The workgroup affirmed the essential role of the 50% Law but called for a redefinition of the expenses considered to be instructional in nature to include costs that directly impact “instruction and learning,” including the following:

  • faculty working outside of the classroom but playing a directive role in the education of students;
  • faculty who provide educational services directly to students;
  • governance activities that directly impact the education of students; and
  • professional activities that pertain to curriculum;

Resolved, That the Academic Senate for California Community Colleges work with the California Community Colleges Chancellor’s Office to revisit the recommendations from the 2016 “The 50% Law and the Faculty Obligation Number: A Proposal” and the 2019 update and advocate for revisions of Education Code §84362, also called the 50% Law, and the faculty obligation number while ensuring that all relevant faculty voices are included in the revision efforts.

MSC


1. https://www.asccc.org/content/50-law-and-faculty-obligation-number-proposal
2. The 50% law and the Faculty Obligation Number: An Updated Proposal