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

and temporary service constitutes at least 75 percent of the days the “regular schools of the

district were maintained.”

4. T

AVANAUGH

ROBLEM

Kavanaugh v. West Sonoma County Union High School District,

the plaintiff successfully

challenged her classification as a temporary employee. In the case, the court addressed the

meaning of Education Code section 44916 (language which parallels Section 87477 for

community college districts), which requires that classification must be made “at the time of

employment,” and that failure to do so results in automatic classification as a probationary

employee. The court held that “at the time of employment” means that classification must occur

on or before the first date of paid service. In

Kavanaugh

, the district’s classification of plaintiff

as “temporary” two weeks after her first date of paid service was found to be untimely.

Therefore, by operation of law, plaintiff was held to be a probationary employee, not a temporary

employee.

This strict interpretation of Section 87477 makes it essential that districts notify employees of

their temporary classification before they begin paid service. In constructing seniority lists,

districts should review all temporary faculty contracts and compare them to the first date of paid

service. Any “temporary” employee who did not receive notice of his or her classification on or

before the first day of paid service should be reclassified as a probationary

employee and

included on the seniority list.

Section 3

DMINISTRATOR

ONTRACTS

A. E

MPLOYMENT BY

PPOINTMENT OR

ONTRACT

Education Code section 72411, subdivision (a) mandates that all “educational administrators” be

employed by the governing board by an appointment or contract of up to four years. The section

also permits, but does not mandate, that all other administrators be employed in this manner. The

parties are not required to wait until expiration of the term of an assignment or contract to revise

its terms. Rather, Section 72411, subdivision (a) also provides that, with the consent of the

administrator, the board can terminate the contract or assignment, effective the following July 1,

and reemploy the administrator for a new term, on any terms and conditions to which they

mutually agree.

B. N

RENEWAL OF

DMINISTRATOR

ONTRACTS

Under Education Code section 72411, subdivision (b), if the board decides not to reemploy an

administrator at the expiration of the administrator’s appointment or contract, the board must

give the administrator written notice of this determination. Where the administrator’s

appointment or term is longer than a year,

the notice must be given at least six months in advance

of the expiration of the appointment or contract, unless the contract or appointment provide