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

2. L ENGTH OF E MPLOYMENT Under Section 87470, subdivision (a)(3), persons may be employed for periods that are less than a full college year, and may be terminated at the expiration of the contract or specially funded project without regard to other statutory requirements regarding the termination of contract or regular employees. 36 3. A DVANCEMENT T OWARD T ENURE Since categorically funded faculty members are temporary employees, their service may not be included in computing the service required to acquire tenure unless both of the following occur:

 The employee has served as a faculty member under this section for at least 75% of the number of days in the district’s regular schools; and  The employee is subsequently employed as a contract employee in a faculty position. 37

Where these criteria are met, the year before employment as a contract employee is counted, and the employee is considered to be in the second probationary year, rather than the first.

4. C ONTRACT E MPLOYEES R EASSIGNED TO C ATEGORICAL P ROGRAMS Section 87470 does not apply to a faculty member who is initially employed in the regular educational programs of the district as a contract employee, and then assigned to a categorically funded project or program. In other words, when a contract employee moves into a categorical program, he or she does not give up the rights and protections of probationary employment. The employee’s time in service will count toward tenure, and his or her service with the District (as opposed to service in the categorical position) may not be terminated without the due process rights afforded to contract employees. 5. E DUCATIONAL A DMINISTRATORS A person employed in an administrative position who is not part of the classified service, who has not previously acquired tenure as a faculty member in the same district and who is not under contract in a program or project to perform services conducted under contract with public or private agencies, or in other categorically funded projects of indeterminate duration, shall have the right to become a first-year probationary faculty member once his or her administrative assignment expires or is terminated if the person meets all the requirements of Education Code section 87458.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 16