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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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listed in the schedule of classes; and (4) considered an “integral part of their
departments and given all the rights normally afforded to full-time faculty in
the areas of book selection, participation in department activities, and the
use of college resources.”
6. I
MPACT OF
C
OLLECTIVE
B
ARGAINING
A
GREEMENTS
Provisions in collective bargaining agreements governing the rehiring of temporary teachers are
not preempted
by Education Code.
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Therefore, districts must be careful not only to comply with
Education Code provisions but also with any collective bargaining provisions that may be
relevant to the rehiring of temporary teachers.
Moreover, even though PERB technically lacks jurisdiction to enforce the Education Code, it
does have limited jurisdiction to interpret Education Code provisions that are incorporated into
collective bargaining agreements, for purposes of determining whether a unilateral change
charge has merit. For instance, PERB has issued opinions that determine whether the Education
Code allows a district to contract out transportation and vehicle maintenance services.
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To do
this, it interpreted the phrase “may lawfully be contracted for” provision in a collective
bargaining agreement.
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D. “C
ONVERSION
”
TO
P
ROBATIONARY
E
MPLOYEES
Districts must be careful when hiring temporary faculty that it does not allow the temporary
employee to convert to probationary status. Remember probationary status is the rule and the
District must follow all rules correctly so that the employee fits within the exception. Below are
ways that temporary faculty can “convert” to probationary status.
1. E
XCEEDING THE
N
UMBER OF
R
EGULAR
E
MPLOYEES ON
L
EAVE
Temporary employees can inadvertently acquire probationary status if the number of temporary
employees teaching more than 67 percent of a full-time assignment, exceeds the number of
regular employees on leave of absence.
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2. T
EMPORARY
E
MPLOYEES
R
EHIRED AS
P
ROBATIONARY
E
MPLOYEES
Subsequent service as a probationary employee transforms the last year of temporary service into
the first year of probationary employment, if the employee served at least 75 percent of the
immediately preceding school year in a full-time position.
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3. T
EMPORARY
E
MPLOYEES
C
ONVERTED
M
ID
-
YEAR
Districts may also find themselves with employees that they initially hired as temporary
employees, and then converted to probationary status during the year of temporary employment.
Where this occurs, districts are allowed—but not required—to use the employee’s first date of
paid service in the temporary position as his or her seniority date if the combined probationary