from Dan Crump/American RIver College

The text of the “50% Law” is in Ed Code 84362 (see attached file)---the law became operative in 1977 (that is what I get from the “Historical Notes” in West’s Codes for that section---yes, it is good to be in a Library and have that info at my fingertips) and has been slightly amended since.

Library and counseling faculty are not included on the instructional side (called the “right side” by many) of the calculation for the 50% Law.  I was not in the community colleges when this section was first enacted, but I do not believe it was a political decision by the state Academic Senate (ASCCC) and does not reflect a “pecking order” in the eyes of the ASCCC.  The ASCCC has several resolutions in regards to the 50% Law and counselors and librarians (see attached file) in support of including library and counseling faculty on the “right side” of the calculation, but only if there is an appropriate increase in the percentage.

There was a 50% Law Task Force of the Task Force in 2001 that came up with recommendations in regards to counseling and library faculty  (including one that stated “the Chancellor will issue a communication that affirms the importance of counselors and librarians in the instructional process...and urge districts to exercise restraint in reducing or withdrawing any hiring commitments regarding counselors and librarians.")  I am contacting one of the members of the task force to find out what happened with all of this (I can’t access the Board of Governor records/agendas for 2001 to see if they accepted the recommendations).

The topic is being discussed again in several state venues.  It will be one of the keynote topics to be discussed at the upcoming ASCCC Counseling Institute and will also be on the agenda for the Library Directors/Deans statewide meeting on April 25.

Dan