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

2. F ULL -T IME S TUDENTS E MPLOYED P ART -T IME (M ERIT AND N ON -M ERIT S YSTEMS ) 82 Full-time students in both merit and non-merit system districts who are employed part-time are not part of the classified service. 3. P ART -T IME S TUDENTS E MPLOYED P ART -T IME ON W ORK S TUDY (M ERIT AND N ON -M ERIT S YSTEMS ) 83 Also exempt from the classified service are part-time students who are employed part-time in any college work-study program, or in a work-experience education program conducted by a community college district and which is financed by state or federal funds. Education Code section 88076 governing merit system districts defines a part-time position as one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 87 ½ percent of the normally assigned time of the majority of employees in the classified service.

The Education Code prohibits displacement of classified personnel and impairment of existing contracts by either the employment of full-time or part- time students in any college work-study program, or in a work-experience education program.

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4. P ART -T IME P LAYGROUND P OSITIONS (M ERIT AND N ON -M ERIT S YSTEMS ) 84

Both merit and non-merit systems allow the use of part-time employees for playground positions. In the merit system, the definition of part time is the same as described above. 85

P ERSONAL S ERVICES C ONTRACTS

Section 5

A. P ROBLEMS WITH P ERSONAL S ERVICES C ONTRACTS The District may seek to reduce costs using personal services contracts. The Education Code authorizes districts to contract out personal services, but only if certain conditions are met. 86 The requisite conditions depend upon whether the purpose of contracting out is to save costs, or to obtain services that are not generally found within the expertise of the district’s classified service. While it is tempting for the District to contract out services to reduce spending, Districts must be careful to follow the general rules regarding classified services. Further, Districts must also carefully follow all specific rules in the statutes that govern personal services contracts.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 33