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

discretion to address its budget constraints and thus was not required to fund the

full-time position for Wong.

E. L

AYOFF OF

DUCATIONAL

DMINISTRATORS

When laying off administrators, it is important to remember that even though the administrator

position is eliminated, the employee may have the right to be reassigned to a faculty position.

Thus, administrators must be included on the seniority list as a faculty member. Depending on

when they were hired, an administrator may be tenured faculty.

1. A

DMINISTRATORS

IRED

EFORE

ULY

1, 1990

When building the District’s seniority list in preparation for a layoff, the list must include

administrators who have attained tenure as faculty members. This applies to administrators who

were hired before July 1, 1990 and to administrators who serve as faculty and acquire tenure

before becoming administrators.

An employee who is hired in an administrative or supervisory

position requiring certification qualification—

who was employed without a break in service

before July 1, 1990

—shall upon completing a probationary period, be classified as a regular

classroom instructor.

In other words, educational administrators who were hired before July 1,

1990 and complete their probationary periods, attain permanent status and should be placed on

the seniority list based upon their first date of paid service. (See discussion below regarding the

calculation of seniority dates for administrators.)

2. A

DMINISTRATORS

IRED ON OR

FTER

ULY

1, 1990

Administrators hired on or after July 1, 1990 do not acquire probationary or permanent faculty

status while serving in their administrative positions. But educational administrators who are

hired on or after July 1, 1990 are entitled to become first-year probationary faculty members if

their administrative assignment expires, and various conditions apply (i.e. the termination of the

assignment is not for cause; the employee has completed at least two years of satisfactory

service; and the administrator has the minimum qualifications to serve as a faculty member).

If a district eliminates an administrative position in a layoff, triggering reassignment rights for

the employee, that employee must be placed on the seniority list, with a “Probationary I

classification.” (This assumes that the District does not have a basis–independent of the

layoff-to non-renew the administrator.) Further, districts are well advised to factor the “ripple

effect” of administrative reductions on their reduction calculations.

Example:

District determines to conduct a 1 FTE administrative reduction and eliminate employee’s

administrative position. Employee, who was hired, as an administrator before 7/1/90 has

satisfactorily completed over two years of service, and has been found to meet the minimum

qualifications to teach English. Under Education Code section 87458, the employee is entitled to

a teaching position. The District, however, cannot absorb an additional FTE in English.

Therefore, the board resolution should also include a reduction of 1.0 FTE in English.