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

Each semester Theiler accepted a written “Offer of Temporary Non–Contract Academic Employment.” The offer assigned him to teach a basketball course for two hours a day. No offer exceeded 60% FTE. Under the collective bargaining agreement, the District compensated its coaches, including Theiler, for performing ancillary duties with a stipend, paid as a flat amount that did not depend on the number of hours actually worked. Theiler argued that although the class was officially scheduled for one hour and 50 minutes, he spent at least two to three hours per session coaching. He also held one extra basketball practice per week for two to three hours and was required to supervise students in weight training and “plyometric exercise.” He also spent at least 1.63 hours a week coaching basketball games. Theiler’s coaching duties required that he attend meetings with coaching staff, plan practices, review films, engage in extensive preparation to competently instruct the class and supervise the men’s basketball program, develop scouting reports on opponents, recruit high school students to play basketball, supervise work- study programs, and engage in fundraising for the basketball program. The District claimed that basketball coaches are paid a stipend to cover the performance of ancillary duties, which include the additional duties Theiler described. The court held that the time Theiler spent in addition to his scheduled class hours involved ancillary duties. His employment contemplated only two types of duties: teaching the class during the time scheduled for class and ancillary duties. Although some of the other duties were similar to teaching, they are not comparable to classroom instruction. Thus, the hours that Theiler claimed, in addition to the hours spent teaching his assigned class, could not be used in calculating the FTE.

4. W HEN P ART -T IME H OURS M AY A DVANCE AN E MPLOYEE T OWARD T ENURE As noted above, where a temporary employee serves for a complete school year in a temporary position, and is then rehired into a faculty position, districts are mandated to classify the employee as a contract employee and treat the prior year as a year of contract employment under Section 87478. On the other hand, Section 87475 provides that where a contract faculty employee has served for one complete school year, a district may (but is not required) to count the employee’s prior service as a temporary faculty towards attainment of regular employment status, if that service was:

 In the immediately preceding year; and

 For at least 75% of the number of days that the district’s regular schools were maintained.

These statutes appear contradictory. We believe, however, that in light of the mandatory statute, the District should count the previous full year as the first year of probationary service.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 19