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

months and requires special skills that no one currently employed in the District has. Does the

District have to employ an additional classified worker?

The answer to these questions is simple. Districts are not required to expand the ranks of their

classified service to cover work that is not an ongoing component of their services or activities.

Such a requirement would force districts to create permanent positions for work that is not

permanent in nature. Otherwise, districts would regularly need to implement layoffs, making

them a prominent fixture of personnel management as districts responded to the ebbs and flows

of their temporary work needs. The Education Code provides some flexibility for the District to

employ persons outside the classified service

in very specific situations,

which are addressed

below.

Districts must be cautious in hiring and retaining these employees. Once the employee no longer

falls into a specific category of exemption, he or she will be considered a classified employee

and will have the right to continued employment.

1. M

ERIT VS

. N

-M

ERIT

ISTINCTION

The Education Code governs the circumstances under which a community college district may

hire an employee outside of the classified service. Merit-system districts face greater statutory

controls in employee classification. Before applying a particular Education Code section to your

district, you must ascertain that the provision is applicable to your type of system.

2. C

ATEGORIES OF

OSITIONS

PECIFICALLY

XCLUDED FROM

LASSIFIED

ERVICE

The Education Code establishes several non-academic employment positions that are not part of

the classified service:



Substitutes (Non-merit Systems)



Short-Term Employees (Non-Merit Systems)



Part-Time Playground Positions (Merit and Non-Merit Systems)



Apprentices (Merit and Non-Merit Systems)



Professional Experts (Merit and Non-Merit Systems)



Full-Time Students Employed Part-Time (Merit and Non-Merit Systems)



Part-Time Students Employed Part Time in Work Study (Merit and Non-

Merit Systems)



Architectural and Engineering Firms (Merit Systems)



Persons specially trained, experienced, and competent to furnish services

and advice in financial, economic, accounting, engineering, legal, or

administrative matters to the district (Merit and Non-Merit Systems)



Limited-Term Employees (Merit Systems)