West Valley-Mission College Community College District Academic Senate

Position Paper

on

Contract Education

Introduction

The West Valley-Mission Community College District has a unique opportunity to increase revenues through economic development and assist the state as we fulfill our educational and economic development mission. There is no denying that California will continue to face fiscal concerns for the remainder of the decade. Without an increase in the economic base, the state's conditions will continue to deteriorate. The Academic Senates believe that the concepts contained in this position paper address the dealings with business and industry and allow the District to increase its economic base. Close relationships with industry will provide opportunities for faculty to understand the needs of industry and seek modifications within their programs that adapt to those needs.

The District's Mission Related to Economic Development

The primary mission of the District is, "to be responsive to the educational needs of an ever-changing community and to provide higher education to all persons who can benefit from such activity. The District recognizes its responsibility to maintain academic excellence, nurture individual development and enrich the community. In keeping with this mission, the District will be sensitive to the needs of people and committed to action focused on the future." The provision of community service courses and programs is an authorized function of the District as long as their provision is compatible with the District's ability to meet its obligations to its primary mission.

The provision of contract education may assist the District in meeting its primary mission areas.

1) Employee skill assessments and job skills analysis, instruction and

curriculum development for workplace programs offers faculty an

opportunity to remain current.

2) Contract Education courses offer an opportunity for the District to reach to non-traditional students who may never have considered a college education.

3) Contract Education classes bring returning students back into regular college programs.

4) Requests from employers for subjects not currently in our curriculu

and for non-traditional devliery systems or formats result in contract

education serving an R&D function for our programs and faculty.

5) Contacts with employers may result in equipment, facility, or personnel donations to the college.

6) Contract Education courses provide the work force with the opportunity to upgrade their skills and provide advancement oppotunities.

7) Contract Education enhances the image of the community college as a training provider to the business community.


Problem Statement

The recent growth of contract education in community colleges throughout the state has created a challenge to the community college faculty and administration to maintain the integrity of the educational offerings. Hiring of faculty and industry experts to teach in contract education must include (1) articulation with the relative disciplines and departments, (2) articulation in the development of curriculum, and (3) proper hiring practices to insure diversity of staff.

One of the important roles of the community colleges is to address the educational and training needs of local employers. This should be done, primarily through their existing using faculty-driven curriculum development and approval processes. There may be times (for example, in the offering of credit and non-credit courses that have mandated hiring and curriculum approval processes) when industry timelines require that the colleges consider developing more expedient processes. When new processes are developed, the District policies on contract education must assure the integrity of the colleges' names and legal compliance with the intent of the law. This is best accomplished by creating curriculum that meets standards developed by the faculty and meets the needs of industry.

Statewide, there has been an increase in the number of classes offered as not-for-credit under community services regulations. Care should be taken so that important hiring processes and the consideration of the qualifications of those hired are considered.


Background

Three Fundamental Types of Contractual Programs

1. Contracts with Private Industry

These classes have been designed to provide short-term skill training seminars or classes for company employees. These programs have been funded entirely by private industry or jointly by private industry and community colleges. A study conducted under the authorization of AB 3938 (Farr. 1985) passed by the California Legislature found that most of the courses were in the area of business and management. These programs made up almost 43% of all contracts over the three year period, but they accounted for only 8.2% of the dollars revenue generated by contract education.

2. Contracts with Public Entities

Twenty-four percent of contract education programs fell into this category and accounted for 6.6% of all funds generated by contract education.

3. Contracts Supported by Public Training Funds

These were primarily conducted under the Job Training Partnership Act (JTPA) and the California Employment Training Panel (ETP). The programs were usually oriented towards occupations and designed to train unemployed persons for new jobs, or to retrain currently employed persons in new skills. Approximately 33% of contract education courses belonged in this category, yet they accounted for 85.1% of all funds generated by contract education. Under the current Congress, these programs will shift to block grants to the State. The community colleges will have to position themselves to adapt to the changing needs of its clients.


Contract Education Issues

Curriculum Development and Approval

For Contract Education to be successful in whatever form it is offered, faculty must take an active role in curriculum development, articulation, and approval. The position of the Academic Senates for the West Valley-Mission Community College District, is that the same curriculum procedures used for regular courses should be used for contract education courses. These procedures should be followed whether the course is credit or not-for-credit. These procedures fall into two areas: the development of new courses and their approval.

When time permits, a new credit course can be developed in accordance with standard college curriculum guidelines. Such a course may be appropriately numbered 99 and submitted for information to the Curriculum Committee to be taught as an experimental course for the first year. Within one year, during which time the developers have the opportunity to hone the course, the course is re-submitted to the Curriculum Review Committee for approval as a credit course with a permanent course number. The procedure for credit contract education courses is the same as the procedure for other new credit courses at the college. Procedures need to be developed to shorten the procedure for new course development to meet the need for quick response to serve the colleges clients.

Not-for-credit offerings are generally developed for an immediate, specific industry need. Short time frames often make it difficult to use established procedures of curriculum development. However, the importance of curriculum development by regular faculty members, in cooperation with employer representatives should be considered. The possibility should be explored that course development be done by regular faculty in the discipline which most closely matches the content requested by the employer. If the department faculty are not available, the division chair/department chair should be consulted.

Not-for-credit contract education courses do not require approval by the Curriculum Committee. However, the Curriculum Committee needs to be involved. This will take place by the coordinator of the course, giving the Curriculum Committee two weeks advance notification before any new class is offered. The intent would not be to add to the time required before a class could be offered, but to establish a general time frame to meet the concerns of all parties that quality education be offered. Flexibility is of vital importance.

Non-credit courses currently are offered through Community Education, in our district; however, consideration should be given to expand some offerings through contract ed.

Hiring

The success of contract education depends as much on faculty involvement in the hiring process as it does on faculty involvement in curriculum. In the case of those teaching contract education courses offered for credit, minimum qualifications for hire are determined and applied by faculty as authorized by Title 5. In the case of community service educator, it is the position of the District Academic Senates that the department chair, or a full-time tenured faculty designee, teaching in a discipline reasonably related to the subject area in which the instruction is being sought, should participate in the selection of the not-for-credit educator with the campus person responsible for the contract. Quality education rests in the hands of the faculty.

Faculty Contract Education Liaison

The Director of Corporate Training and Economic Development at the District is the administrator of Contract Instruction and reports directly to the Chancellor. In order to provide shared governance regarding contract education, a faculty contract education advisory committee should be created. This committee will report to the Academic Senates and work with the administrator(s) in charge of contract education to ensure quality of the offerings.

Faculty Qualifications

Faculty teaching all contract education, including not-for-credit classes, must have the minimum qualifications needed to teach the class. These qualifications should be specified for each course to be taught. The regular faculty in the most closely related discipline(s) should be involved in defining these qualifications.

The class content in not-for-credit courses may be similar to that included in regular credit classes. When this is the case, the faculty will normally have the same minimum qualifications as those who teach the credit classes. When possible, these classes should be taught by the college faculty, either full-time or part-time.

Adherence to affirmative action guidelines and commitment to diversity in hiring for contract education courses are essential. Affirmative action guidelines need to be followed for new contract education hires as well for regular faculty hires.

It must also be noted that there are some basic differences between semester length credit classes and not-for-credit contract education classes designed to meet the specific needs of an employer. Faculty hired to teach need to understand that the student's success is determined by increased employee performance on the job, not by the grade earned at the end of the course.

Evaluation

Faculty in Contract Education will follow the performance appraisal process as outlined in Article 26 (Performance Appraisal) of the ACE Contract.

Load

Even though most contract education classes are short term, some are offered for a length of time that could easily be included in computing faculty load. In the Spring of 1992 the Academic Senate for California Community Colleges passed Resolution 11.4 S92 Contract Education, concerning faculty load and load limitations with regard to tenure consideration. However, that resolution does not address the legal ramifications and collective bargaining issues of load and its calculation towards the 60% law for Adjunct Faculty.

The Education Code Section 87470 provides that the District's governing board may employ appropriately qualified individuals to perform instructional services under contract with public and private agencies. Under the same provision, the education code is loosely written in regard to load and the services provided under such contracts concerning load calculation towards tenure.

The nature of contract education does not lend itself to the stability necessary to hire additional tenure-track faculty because of minimum load time, and lacks guarantees of subsequent offerings. It is clear that the District would like to use adjunct faculty to provide classes in this area because it allows them the flexibility to offer other employment opportunities to part-time employees and to meet the needs and demands of industry.

With those issues understood, it is still important to honor the legal agreement between the District and the bargaining unit which only allows the faculty bargaining unit, the Association of College Educators (ACE) to negotiate salary and work conditions for faculty. Load calculation needs to be applied to contract education courses so that the hire of adjunct faculty to perform contract education services does not conflict with the agreement made with the bargaining unit and regulations established in the education code. It is the position of the District Academic Senates that the District load Contract Education courses based on the District load book.

Full-time faculty should have the option to teach a contract education course as part of their regular load, but not be forced to complete load with contract education courses.

Use of Fees

Contract Education generates a significant amount of money for the District. Determining how those funds are distributed and used is an important part of insuring maximum benefit to the college and specifically to the department, which provides this service to the community. Currently, in the West Valley-Mission Community College District, far too much time elapses between payment by the Contractor and distribution of funds to the department which provided the course. A process needs to be developed that will assure distribution of funds in a timely manner.

Second, since those funds may not be recurring, they should not be used to maintain existing programs. They should be used as follows:

1. to upgrade resources;

2. to develop curriculum;

3. facilitate student progress;

4. enable departments to work more effectively and efficiently;

5. promote relations with industry, business, other colleges, and

the state organizations; and

6. to develop professional growth.

Third, how those funds are used to enhance a program should be at the discretion of the faculty in the specific department which provides the course offerings.

Summary

1. The same curriculum procedures as used for regular courses should be used for contract education courses.

2. The hiring of not-for-credit educators should be under local faculty and contract ed control.

3. The department chair or full-time tenured faculty designee teaching in a discipline reasonably related to the subject area in which the training is being sought should participate in the selection of the not-for-credit trainer with the campus person responsible for the contract.

4. Adherence to affirmative action guidelines and commitment to diversity in hiring for contract education courses are essential.

5. Course development should be done by faculty in the discipline in cooperation with the industry expert, which most closely matches the content requested by the employer.

6. The Curriculum Committee should be involved in approval of not-for-credit contract education courses. This could perhaps take place by giving the Curriculum Committee advanced notification before any new class is offered.

7. Faculty Contract Education liaison(s) should be established.

8. Regular faculty in the most closely related discipline will define the qualifications for not-for-credit hires.

9. When not-for-credit class content is similar to that included in regular credit classes, those teaching the class will have the same minimum qualifications as those who teach the credit classes.

10. Contract Ed funds will be used to improve the instructional programs.

Include a follow-up evaluation of the course by the college to insure that the excellent reputation of the colleges and the district is reflected in the offered courses. The intent is to provide an accurate evaluation to be used to determine future offerings and to be used as constructive criticism.






Approved by the MCAS, May 11, 1995.

Approved by the WVCAS, May 23, 1995.

Revised by MCAS February 15, 1996 (See Page 5, Evaluations)