Human Resources Academy II for Community College Districts

The court held that the time Theiler spent in addition to his scheduled class hours involved ancillary duties. His employment contemplated only two types of duties: teaching the class during the time scheduled for class and ancillary duties. Although some of the other duties were similar to teaching, they are not comparable to classroom instruction. Thus the hours Theiler claims, in addition to the hours spent teaching his assigned class, cannot be used in calculating the FTE.

5. W HEN A DJUNCT H OURS M AY A DVANCE AN E MPLOYEE T OWARD T ENURE As noted above, where a temporary employee serves for a complete school year in a temporary position, and is then rehired into a faculty position, districts are mandated to classify the employee as a contract employee and treat the prior year as a year of contract employment. Additionally, section 87475 provides, that where a contract faculty employee has served for one complete school year, a district may (but is not required to) count the employee’s prior service as a temporary faculty towards attainment of regular employment status, if that service was:

 in the immediately preceding year; and

 was for at least 75% of the number of days the district’s regular schools were maintained.

6. O THER R ELEVANT E DUCATION C ODE S TATUTES

As noted above, the Legislature has enacted various statutes to address the compensation and inclusion of adjunct faculty.

 Education Code Sections 87860 et seq. sets up a Part-Time Community College Faculty Health Insurance Program, which creates an incentive for community college districts to offer health insurance for part-time faculty. To be eligible, a faculty member must have a teaching assignment that equals or exceeds 40% of the cumulative equivalent of a minimum full-time teaching assignment. The program must be negotiated with the exclusive representative. Half the cost of such a program is borne by the state through the Chancellor’s Office. Time Office Hours Program. This program is designed to encourage community college districts to pay temporary faculty to maintain office hours. Education Code Section 87884(b) states that the hours negotiated under the program shall not be applied to the 67% requirement of Section 87482.5. The program must be negotiated with the exclusive representative. Half the cost of such a program is borne by the state through the Chancellor’s Office.  Education Code Section 87482.8 states that, whenever possible, part-time faculty should be: (1) Informed of assignments at least six weeks in advance; (2) Compensated for the first week of an assignment when class is  Education Code Sections 87880 et seq. sets up the Community College Part-

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