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

4. C

ONTRACT

MPLOYEES

EASSIGNED TO

ATEGORICAL

ROGRAMS

Section 87470 does not apply to a faculty member who is initially employed in the regular

educational programs of the district as a contract employee, and then assigned to a categorically

funded project or program. In other words, when a contract employee moves into a categorical

program, he or she does not give up the rights and protections of probationary employment. The

employee’s time in service will count toward tenure, and his or her service with the District (as

opposed to service in the categorical position) may not be terminated without the due process

rights afforded to contract employees.

5. E

DUCATIONAL

DMINISTRATORS

A person employed in an administrative position who is not part of the classified service, who

has not previously acquired tenure as a faculty member in the same district and who is not under

contract in a program or project to perform services conducted under contract with public or

private agencies, or in other categorically funded projects of indeterminate duration, shall have

the right to become a first-year probationary faculty member once his or her administrative

assignment expires or is terminated if the person meets all the requirements of Education Code

section 87458.

C. E

MPLOYMENT OF

EMPORARY

ACULTY

1. O

VERVIEW

Education Code section 87482.5 provides that “notwithstanding any other law,” faculty may be

employed on a temporary basis if they are employed for “not more than 67 percent of the hours

per week considered a full-time assignment for regular employees having comparable duties.” In

other words, so long as a temporary employee

does not exceed this 67 percent threshold

, he or

she may be rehired indefinitely as a temporary employee.

Note that this is in contrast to temporary hiring under Section 87482 (see above) — which

provides that temporary employment may not exceed more than two semesters, or three quarters,

within any three consecutive years. Thus, if a temporary employee stays within the 67 percent

cap on weekly hours, he or she may be rehired indefinitely. But if the hours exceed the 67

percent cap, the employee will be treated as a temporary employee under Section 87482, which

will require conversion to contract status if the employee exceeds the 67 percent cap for more

than two semesters or three quarters in three consecutive years.

2. L

IMITATIONS ON THE

UMBER OF

ART

-T

IME

EMPORARY

ACULTY

EMBERS

The Education Code requires community college districts to consider carefully staffing decisions

to accomplish the legislative goal of providing at least 75% of credit-hour instruction in

community colleges by full-time instructors, while still maintaining program flexibility.