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

6. F ACULTY E MPLOYED B ASED UPON N EED FOR A DDITIONAL F ACULTY D URING A P ARTICULAR S EMESTER OR Q UARTER D UE TO H IGHER E NROLLMENT — 87482 Education Code section 87482 also permits a community college to employ qualified individuals as temporary faculty members for a complete school year (at least a complete school term) where there is a need for additional faculty during a particular semester or quarter because of the higher enrollment of students during that semester or quarter, or because a faculty member has been granted leave for a semester, quarter, or year, or has been experiencing long-term illness. The salary for such employment shall be contractually fixed for the entire semester or quarter. Employment under this section cannot exceed more than two semesters or three quarters within any period of three consecutive years. This restriction works to enforce the requirement that the district is responding to unusual or unexpected higher enrollment. Where the higher enrollment becomes consistent, districts are expected to fill those positions with contract employees. If a temporary employee is hired under this section for more than two semesters or three quarters within a three-year period, the employee will be deemed a contract employee. Community college districts are expected to staff their academic positions with contract (probationary) and regular (tenured) employees. However, where an academic position is funded through a limited, finite funding source, the Education Code allows for greater flexibility in the terms of hiring and procedures for termination. Specifically, the Education Code authorizes community college governing boards to employ academic employees as temporary employees, if they serve in programs and projects under contract with public or private agencies, or other categorically funded projects of indeterminate duration. 32 These academic employees, including academic administrators, may be employed under terms and conditions mutually agreed upon in writing by the employee and the governing board. 33 To ensure that the district retains the flexibility to release a “categorical” employee if the funding expires, the contract should state the temporary status of the employee, the fact that employment is at will as well as that employment is contingent upon the continuation of funding. Further, it is essential that all contracts or other written notices of temporary employment be provided to academic employees on or before the first date of paid service. Lack of clarity or notice of status after the first date of paid service may result in the employee acquiring probationary/contract status and for-cause termination rights. 34 Moreover, if a categorical employee is released while the categorical funding continues or the contract with the district is in force, categorical employees are entitled to the same layoff rights as probationary employees. 35 B. E MPLOYMENT OF A CADEMIC E MPLOYEES IN C ATEGORICALLY F UNDED P ROJECTS 1. I NTRODUCTION

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