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

B. E

MPLOYMENT OF

CADEMIC

MPLOYEES IN

ATEGORICALLY

UNDED

ROJECTS

1. I

NTRODUCTION

Community college districts are expected to staff their academic positions with contract

(probationary) and regular (tenured) employees. However, where an academic position is funded

through a limited, finite funding source, the Education Code allows for greater flexibility in the

terms of hiring and procedures for termination. Specifically, the Education Code authorizes

community college governing boards to employ academic employees as temporary employees, if

they serve in programs and projects under contract with public or private agencies, or other

categorically funded projects of indeterminate duration.

These academic employees, including

academic administrators, may be employed under terms and conditions mutually agreed upon in

writing by the employee and the governing board.

To ensure that the district retains the

flexibility to release a “categorical” employee if the funding expires, the contract should state the

temporary status of the employee, the fact that employment is at will as well as that employment

is contingent upon the continuation of funding. Further, it is essential that all contracts or other

written notices of temporary employment be provided to academic employees on or before the

first date of paid service. Lack of clarity or notice of status after the first date of paid service

may result in the employee acquiring probationary/contract status and for-cause termination

rights.

Moreover, if a categorical employee is released while the categorical funding continues

or the contract with the district is in force, categorical employees are entitled to the same layoff

rights as probationary employees.

2. L

ENGTH OF

MPLOYMENT

Under Section 87470, subdivision (a)(3), persons may be employed for periods that are less than

a full college year, and may be terminated at the expiration of the contract or specially funded

project without regard to other statutory requirements regarding the termination of contract or

regular employees.

3. A

DVANCEMENT

OWARD

ENURE

Since categorically funded faculty members are temporary employees, their service may not be

included in computing the service required to acquire tenure unless both of the following occur:



The employee has served as a faculty member under this section for at least

75% of the number of days in the district’s regular schools; and



The employee is subsequently employed as a contract employee in a faculty

position.

Where these criteria are met, the year before employment as a contract employee is counted, and

the employee is considered to be in the second probationary year, rather than the first.