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

 The section states that for each person employed, or to be employed in a non-academic position, the governing board “ shall ” within 10 working days of the date of employment, require the employee to have identification cards prepared by a local law enforcement agency.  Rather than utilize the Department of Justice, a district with full-time equivalent students of at least 60,000 may process the cards itself.

Substitute and temporary employees, employed for less than a school year, may be exempted from these provisions. Further, the section does not apply to a district that has an average daily attendance of at least 400,000, or to a community college district wholly within a city and county, unless the governing board provides for adherence to this rule. 4. S TUDENT E MPLOYEES The Education Code provides that, notwithstanding any other provision of law to the contrary, a governing board may employ any student enrolled in the district who is an ex-convict or who is on parole, other than a person determined to be a sexual psychopath, to perform non-instructional duties. 291 Such students are not considered classified employees. 5. O THER O FFENSES If the prospective employee has been convicted of a crime other than the ones specified above, the District must consider hiring that person as long as the prospective employee is otherwise qualified for the job. Thus, in deciding whether to hire an individual with a criminal record, an employer must assess the candidate’s ability to perform the essential functions of the job. An employer must evaluate the applicant’s circumstances to determine if the conviction is sufficiently serious, recent and job related to disqualify him or her from the job. Importantly, the district should only consider any convictions that are not sex or drug related after a conditional offer has been made. In other words, in the case of an applicant, a district should be prepared to demonstrate why the particular offense makes the applicant unsuitable for the position. For current employees, a district will have to show that the offense giving rise to the conviction constitutes cause to terminate. For academic employees, this will mean satisfying one of the grounds set out in Education Code section 87732 (e.g. immoral conduct, unprofessional conduct, etc.) For classified employees cause would be demonstrated based upon the provisions of district policy in non-merit districts or by statute in merit districts. 292

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 96