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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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As the Court of Appeals in
Haase v. San Diego Community College District
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aptly observed:
“Entry into the Education Code is painful.”
Indeed, trying to decipher the reticulated and complex web of laws that is the Education Code
can be an excruciating process. This workbook will help guide you through some of the more
common Education Code and Title 5 regulations facing community college districts.
Section 1
P
ROBATIONARY
A
CADEMIC
E
MPLOYEES
A. D
EFINITIONS
—E
DUCATION
C
ODE
S
ECTION
87601
1. E
MPLOYMENT OF
C
ONTRACT
F
ACULTY
M
EMBERS
A “contract employee” refers to a probationary academic employee.
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Contract employees are
employed on the basis of a contract in accordance with specific Education Code sections.
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Decisions regarding the continued employment of probationary academic employees require that
(a) the employee be evaluated according to the evaluation standards and procedures established
by the district; (b) the governing board has received statements of the most recent evaluations;
(c) the governing board has received recommendations of the superintendent of the district and
the president of the community college; and (d) the governing board has considered the
statement of evaluation and recommendations in a lawful meeting of the board.
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2. F
IRST
C
ONTRACT
A community college district’s governing board shall employ faculty for the first academic year
of employment by contract. A faculty member completes the first contract year if the faculty
member provides service for 75% of the first academic year.
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The contract must contain the
terms and conditions that the governing board and employee agree to and are consistent with the
law.
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If a contract employee is working under his or her first contract, the governing board, in its
discretion and not subject to judicial review except as expressly provided in Education Code
sections 87610.1 and 87611,
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may either: (a) not enter into a contract for the following academic
year; (b) enter into a contract for the
following academic year
; or (c) employ the contract
employee as a regular (i.e. tenured) employee for all subsequent academic years.
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3. S
ECOND
C
ONTRACT
If a contract employee is working under his or her second contract, the governing board, in its
discretion and not subject to judicial review except as expressly provided in Education Code
sections 87610.1 and 87611,
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may either: (a) not enter into a contract for the following academic