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

C. E MPLOYMENT OF T EMPORARY F ACULTY

1. O VERVIEW Education Code section 87482.5 provides that “notwithstanding any other law,” faculty may be employed on a temporary basis if they are employed for “not more than 67 percent of the hours per week considered a full-time assignment for regular employees having comparable duties.” In other words, so long as a temporary employee does not exceed this 67 percent threshold , he or she may be rehired indefinitely as a temporary employee. Note that this is in contrast to temporary hiring under Section 87482 (see above) — which provides that temporary employment may not exceed more than two semesters, or three quarters, within any three consecutive years. Thus, if a temporary employee stays within the 67 percent cap on weekly hours, he or she may be rehired indefinitely. But if the hours exceed the 67 percent cap, the employee will be treated as a temporary employee under Section 87482, which will require conversion to contract status if the employee exceeds the 67 percent cap for more than two semesters or three quarters in three consecutive years. 38 2. L IMITATIONS ON THE N UMBER OF P ART -T IME T EMPORARY F ACULTY M EMBERS The Education Code requires community college districts to consider carefully staffing decisions to accomplish the legislative goal of providing at least 75% of credit-hour instruction in community colleges by full-time instructors, while still maintaining program flexibility. 39 To calculate the “67 percent of the hours per week considered a full-time assignment,” a district may generally look to the number of hours per week that corresponds to 67 percent of the hours of classroom instruction considered a full-time assignment. The Education Code specifically excludes service in “professional ancillary activities, including, but not necessarily limited to, governance, staff development, grant writing, and advising student organizations” from counting towards attainment of contract or regular status unless otherwise provided for in a collective bargaining agreement applicable to a person employed under this section. 40 Additionally, service as a substitute on a day-to-day basis may not be used for purposes of calculating eligibility for contract or regular status. 41 For example, if a temporary employee teaches in a discipline where 15 hours of classroom instruction a week is considered a full-time assignment, and the hourly rate employee renders ten hours of classroom instruction a week, the Education Code is deemed satisfied. If that same hourly rate employee renders 11 hours of classroom instruction per week for more than two semesters within any three consecutive years, that hourly rate employee would be entitled to classification as a probationary or regular employee. 3. C ALCULATING THE “67 P ERCENT T HRESHOLD ” FOR P ART -T IME E MPLOYMENT

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 17