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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

C. G

RANTING

ENURE

Education Code section 87660

et seq

. controls the tenure process. As provided above, a contract

faculty member normally serves under three probationary contracts. A faculty member must

serve a full academic year for the year to count towards acquisition of tenure.

Generally, the Education Code provides that a contract employee, who serves at least 75 percent

of the number of days the district is maintained, or the number of hours considered a full-time

assignment for regular employees performing similar duties, shall be deemed to have served a

complete college year.

A faculty member, however, may be deemed to have completed the

second, third, or fourth contract year if the faculty member provides service for a percentage of

the academic year under an agreement between the governing board and the exclusive bargaining

representative of the faculty member.

Time spent on paid or unpaid leave of absence may be

included in computing service if the faculty member serves sufficient time during the year to

allow for the evaluation of the faculty member as required by any negotiated evaluation

procedure.

LCW Practice Advisor

Districts may properly non-reelect probationary

employees for any nondiscriminatory reason by March

15 of each year. But it is best to make the decision

sooner rather than later. The sooner this decision is

made, the sooner each party can move on. There is a

more limited opportunity to file a grievance when

employees are non-reelected after the first or second

year.

Education Code section 87664 provides:

The governing board of each district, in consultation with the

faculty, shall adopt rules and regulations establishing the

specific procedures for the evaluation of its contract and regular

employees on an individual basis and setting forth reasonable

but specific standards which it expects its faculty to meet in the

performance of their duties. Such procedures and standards

shall be uniform for all contract employees of the district with

similar general duties and responsibilities and shall be uniform

for all regular employees of the district with similar general

duties and responsibilities.

Contract employees must be evaluated at least once each academic year. Regular (permanent)

employees must be evaluated at least once in every three academic years.

Required evaluations of community college district faculty members must be conducted in

accordance with the standards and procedures established by the governing board’s rules and

regulations.

Moreover, evaluations must include, but are not be limited to, a peer review

process, which reflects the diversity of California and is sensitive to equal opportunity