19 / 130
Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
©2018 (c) Liebert Cassidy Whitmore
19
addition to the hours spent teaching his assigned class, could not be used in
calculating the FTE.
4. W
HEN
P
ART
-T
IME
H
OURS
M
AY
A
DVANCE AN
E
MPLOYEE
T
OWARD
T
ENURE
As noted above, where a temporary employee serves
for a complete school year
in a temporary
position, and is then rehired into a faculty position, districts are mandated to classify the
employee as a contract employee and treat the prior year as a year of contract employment under
Section 87478. On the other hand, Section 87475 provides that where a contract faculty
employee has served for one complete school year, a district may (but is not required) to count
the employee’s prior service as a temporary faculty towards attainment of regular employment
status,
if
that service was:
In the immediately preceding year; and
For at least 75% of the number of days that the district’s regular schools
were maintained.
These statutes appear contradictory. We believe, however, that in light of the mandatory statute,
the District should count the previous full year as the first year of probationary service.
5. O
THER
R
ELEVANT
E
DUCATION
C
ODE
S
TATUTES
As noted above, the Legislature has enacted various statutes to address the compensation and
inclusion of part-time faculty members .
Education Code sections 87860
et seq.
sets up a part-time community
college faculty health insurance program, which creates an incentive for
community college districts to offer health insurance for part-time faculty.
To be eligible, a faculty member must have a teaching assignment that
equals or exceeds 40% of the cumulative equivalent of a minimum full-time
teaching assignment. The program must be negotiated with the exclusive
representative. Half the cost of such a program is borne by the state through
the Chancellor’s Office.
Education Code sections 87880
et seq.
sets up the community college Part-
Time Office Hours Program. This program is designed to encourage
community college districts to pay temporary faculty to maintain office
hours. Education Code section 87884, subdivision (b) states that the hours
negotiated under the program shall
not
be applied to the 67% requirement of
Section 87482.5. The program must be negotiated with the exclusive
representative. Half the cost of such a program is borne by the state through
the Chancellor’s Office.
Education Code section 87482.8 states that whenever possible, part-time
faculty should be: (1) informed of assignments at least six weeks in
advance; (2) compensated for the first week of an assignment when class is
cancelled less than two weeks before the beginning of the semester; (3)