Human Resources Academy II for Community College Districts

2. L ENGTH OF E MPLOYMENT Pursuant to section 87470(a)(3), persons may be employed for periods that are less than a full college year, and may be terminated at the expiration of the contract or specially funded project without regard to other statutory requirements regarding the termination of contract or regular employees. 3. A DVANCEMENT T OWARD T ENURE Section 87470(a)(2) makes clear that, because categorically-funded faculty are temporary employees, their service may not be included in computing the service required as a prerequisite to acquiring tenure unless both of the following occur:

 The employee has served as a faculty member under this section for at least 75% of the number of days in the district’s regular schools; and  The employee is subsequently employed as a contract employee in a faculty position. 7

Where these criteria are met, the year prior to employment as a contract employee is counted, and the employee is considered to be in the second probationary year, rather than the first.

4. C ONTRACT E MPLOYEES R EASSIGNED TO C ATEGORICAL P ROGRAMS Section 87470 does not apply to a faculty member who is initially employed in the regular educational programs of the district as a contract employee, and then assigned to a categorically funded project or program. In other words, when a contract employee moves into a categorical program, he or she does not give up the rights and protections of probationary employment. The employee’s time in service will count toward tenure, and his or her service with the District (as opposed to service in the categorical position) may not be terminated without the due process rights afforded to contract employees. 5. E DUCATIONAL A DMINISTRATORS Similarly, the Education Code affords greater flexibility in the hiring and termination of categorically funded educational administrators, than is permitted for other educational administrators. Specifically, as set forth in section 87479(c), such administrators are excluded from the protections of Education Code section 87458, unless specifically provided for in the administrator’s contract. Thus, categorically funded educational administrators do not have return rights as probationary faculty upon expiration of their administrative assignments (unless so-stated in their contracts). 8

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 16