Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

31 See Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911 [129 Cal.Rptr.2d 811, 62 P.3d 54], as mod., rehg. den. [holding that the parallel language applying to K-12 districts requires notice of temporary status on or before the first date of paid service]. 32 Ed. Code, § 87470 33 Ed. Code, § 87470, subd. (a)(1); but see Haase v. Diego Community College Dist. (1980) 113 Cal.App.3d 913 [170 Cal.Rptr. 366] [certificated employee reassigned from position as part-time temporary hourly employee to position in a categorically funded program not prejudiced by failure of community college district to sign written agreements]. 34 See Stockton Teachers Assn. CTA/NEA v. Stockton Unified School Dist. (2012) 204 Cal.App.4th 446 [139 Cal.Rptr.3d 55], as mod. on denial of rehg., review den. 35 Stockton Teachers Assn. CTA/NEA v. Stockton Unified School Dist. (2012) 204 Cal.App.4th 446 [139 Cal.Rptr.3d 55], as mod. on denial of rehg., review den. 36 Ed. Code, § 87470, subd. (a)(3). 37 Ed. Code, § 87470, subd. (a)(2)(A)&(B). 38 Before January 1, 2009, section 87482.5 required a lower 60 percent threshold. The current amended version, while increasing the threshold to 67 percent, also expressly provides that if the “provisions of this section are in conflict with the terms of a Collective Bargaining Agreement in effect on or before January 1, 2009, the provisions of this section shall govern the employees subject to that agreement upon the expiration of the agreement.” Therefore, if a community college district has entered into a Collective Bargaining Agreement with a faculty union that establishes a limit of 60%, the Collective Bargaining Agreement will prevail over the statute, until it expires or is renegotiated. Accordingly, districts must also be mindful of Collective Bargaining Agreements which will continue to prevail. Review your contract language and consult with legal counsel as necessary. 39 Ed. Code, §§ 87482.6 & 87482.7 40 Ed. Code, § 87482.5, subd. (c). 41 Ed. Code, § 87482.5, subd. (b). 42 See Kalina v. San Mateo Community College Dist. (1982) 132 Cal.App.3d 48 [183 Cal.Rptr. 12]. 43 Theiler v. Ventura County Community College Dist. (2011) 198 Cal.App.4th 852 [130 Cal.Rptr.3d 273], review den. 44 See Fremont Unified School District (1997) PERB Dec. No. 1240-E [22 PERC ¶ 29026]. 45 See Barstow Unified School District (1996) PERB Dec. No. 1138-E [21 PERC ¶ 27044]. Personnel Com. v. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871 [50 Cal.Rptr.2d 797]. 46 See Barstow Unified School District (1996) PERB Dec. No. 1138-E [21 PERC ¶ 27044]. 47 Employees who work less than 67% of a full time assignment are precluded from acquiring probationary status under Education Code section 87482.5. 48 Ed. Code, §§ 87481 & 87475. Note that, as discussed above, “full-time” constitutes working more than 67% of a full-time assignment. 49 Ed. Code, § 87475. 50 Kavanaugh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911 [129 Cal.Rptr.2d 811, 62 P.3d 54] , as mod., rehg. den. 51 See Sullivan v. Centinela Valley Union High School Dist. (2011) 194 Cal.App.4th 69 [122 Cal.Rptr.3d 871]. 52 Cal. Code Regs., tit. 5, § 53021, subd. (c)(7). 53 Ed. Code, § 72411.5.

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