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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
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31
See
Kavanaugh v. West Sonoma County Union High School Dist.
(2003) 29 Cal.4th 911 [129 Cal.Rptr.2d 811],
as mod., rehg. den. [holding that the parallel language applying to K-12 districts requires notice of temporary
status on or before the first date of paid service].
32
Ed. Code, § 87470
33
Ed. Code, § 87470, subd. (a)(1); but see
Haase v. San Diego Community College Dist
. (1980) 113 Cal.App.3d
913 [170 Cal.Rptr. 366] [certificated employee reassigned from position as part-time temporary hourly
employee to position in a categorically funded program
not
prejudiced by failure of community college district
to sign written agreements].
34
See
Stockton Teachers’ Association CTA/NEA v. Stockton Unified School District
(2012) 204 Cal.App.4th 446
[139 Cal.Rptr.3d 55], as mod. on denial of rehg., review den.
35
Stockton Teachers’ Association CTA/NEA v. Stockton Unified School District
(2012) 204 Cal.App.4th 446 [139
Cal.Rptr.3d 55], as mod. on denial of rehg., review den.
36
Ed. Code, § 87470, subd. (a)(3).
37
Ed. Code, § 87470, subd. (a)(2)(A)&(B).
38
Before January 1, 2009, section 87482.5 required a lower 60 percent threshold. The current amended version,
while increasing the threshold to 67 percent, also expressly provides that if the “provisions of this section are in
conflict with the terms of a Collective Bargaining Agreement in effect on or before January 1, 2009, the
provisions of this section shall govern the employees subject to that agreement upon the expiration of the
agreement.” Therefore, if a community college district has entered into a Collective Bargaining Agreement
with a faculty union that establishes a limit of 60%, the Collective Bargaining Agreement will prevail over the
statute, until it expires and/or is renegotiated. Accordingly, districts must also be mindful of Collective
Bargaining Agreements which will continue to prevail. Review your contract language and consult with legal
counsel as necessary.
39
Ed. Code, §§ 87482.6 & 87482.7
40
Ed. Code, § 87482.5, subd. (c).
41
Ed. Code, § 87482.5, subd. (b).
42
See
Kalina v. San Mateo Community College District
(1982) 132 Cal.App.3d 48 [183 Cal.Rptr. 12].
43
Theiler v. Ventura Community College District
(2011) 198 Cal.App.4th 852 [130 Cal.Rptr. 273], review den.
44
See
Fremont Unified School District
(1997) PERB Dec. No. 1240-E [22 PERC ¶ 29026].
45
See
Barstow Unified School District
(1996) PERB Dec. No. 1138-E [21 PERC ¶ 27044].
Personnel Com. v.
Barstow Unified School Dist.
(1996) 43 Cal.App.4th 871 [50 Cal.Rptr.2d 797].
46
See
Barstow Unified School District
(1996) PERB Dec. No. 1138-E [21 PERC ¶ 27044].
47
Employees who work less than 67% of a full time assignment are precluded from acquiring probationary status
under Education Code section 87482.5.
48
Ed. Code, §§ 87481 & 87475. Note that, as discussed above, “full-time” constitutes working more than 67% of
a full-time assignment.
49
Ed. Code, § 87475.
50
Kavanaugh v. West Sonoma County Union High School Dist
. (2003) 29 Cal.4th 911 [129 Cal.Rptr.2d 811] , as
mod., rehg. den.
51
See
Sullivan v. Centinella Valley Union High School Dist.
,
supra
, 194 Cal.App.4th 69 [122 Cal.Rptr.3d 871].
52
Ed. Code, § 72411.5.
53
Entezampour v. North Orange County Community College Dist.
(2010) 190 Cal.App.4th 832.
54
Wong v. Ohlone College
(2006) 137 Cal.App.4th 1379 [40 Cal.Rptr.3d 923].