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

bargaining, they should consult with counsel before engaging in discussions on the matter with their senates.

The Education Code also provides for a limited consultative role for classified senates. Districts have an obligation under Education Code section 70902 and the districts’ own policies and procedures, to ensure that classified employees have an appropriate opportunity to be heard on matters that significantly impact their employment. Further, staff must be given “an opportunity to participate in the formulation and development” of any matters that significantly affect staff. 148 Thus, districts should include classified representation on any governance group that addresses issues significantly affecting the classified service. Education Code section 70901.2 also directs the manner of appointment of classified members to governance task forces. Where a district has made a decision to include classified staff on a college or district task force, committee, or other governance group, Section 70901.2 specifically invests the exclusive representative with the right to appoint such a representative. 149 However, section 70901.2 does not create a right of representation on such task forces. The exclusive representative’s appointment rights are only triggered after the district has made a determination to include classified staff on the governance committee or task force. Further, this right applies only to “governance” groups. Governance groups are those which establish policies and procedures—rather than apply existing policies and procedures to specific circumstances. Thus, for example, a committee to establish criteria for selecting an architect could be a governance function. But a committee established to apply those criteria to particular applicants is not a governance committee, and the district may appoint a classified employee to such a committee without the employee being designated by the exclusive representative. Finally, Districts must adopt policies and procedures that provide students the opportunity to participate effectively in district and college governance. The District must consult with the Associated Student Government Organization regarding the formulation and development of district and college policies and procedures that have or will have a significant effect on students. 150 These issues include grading policies; codes of student conduct; academic disciplinary policies; curriculum development; courses or programs which should be initiated or discontinued; processes for institutional planning and budget development; standards and policies regarding student preparation and success; student-services planning and development; student fees within the authority of the district to adopt; and any other district and college policy, procedure, or related matter that the district governing board determines will have a significant effect on students. 151

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 53