Human Resources Academy II for Community College Districts

B. CDC T EACHERS ARE A CADEMIC E MPLOYEES , BUT N OT F ACULTY

Education Code section 87001 defines the term “academic position”. Section 87001(d) includes in that definition, any position “requiring certification qualifications.” As noted above, Education Code section 8366 provides that CDC employees in positions that require a child development permit “shall be deemed to be employed in a position requiring certification qualifications.” Thus, pursuant to section 87001(d), CDC positions that require a child development permit are academic positions. Education Code section 87003(a) defines the term “faculty member.” To be a faculty member an employee must be employed in a position that is both “academic,” as defined in section 87001, and, “for which minimum qualifications for service have been established” (emphasis added). Education Code section 87356(a) enumerates the types of positions for which the board of governors must adopt minimum qualifications for service, and this list does not include pre- school or day care workers:

The board of governors shall adopt regulations to establish and maintain the minimum qualifications for service as a faculty member teaching credit instruction, a faculty member teaching noncredit instruction, a librarian, a counselor, an educational administrator, an extended opportunity programs and services workers, a disabled students programs and services worker, an apprenticeship instructor, and a supervisor of health.

As such, CDC permit teachers are considered academic employees under the Education Code, but not faculty members. Given this, CDC permit teachers (“Child Development”) are often part of their own bargaining unit, part of classified units, or part of faculty associations.

C. CDC T EACHERS MAY A CQUIRE P ERMANENT S TATUS , BUT N OT T ENURE Because CDC teachers are not faculty, the time spent teaching as a Child Development Center teacher is not equivalent to time spent teaching as a faculty member—and cannot advance the teacher toward tenure. In other words, CDC teachers are not entitled to contract status, although they are academic employees, and do not qualify for tenure rights. For example, a temporary academic employee hired to work part-time as an adjunct, and part-time in the child care center may not count the weekly hours spent in the child care position toward the 67-percent threshold for converting an employee from temporary to contract status. Further, the various rights and privileges conferred on district faculty pursuant to Education Code section 87001 et seq. does not extend to CDC permit teachers. Nevertheless, section 8366 makes reference to “probationary” and “permanent” permit teachers. Thus, the Code does contemplate (without explaining) that CDC permit teachers are probationary employees; and that through an undefined process can become permanent. In the absence of clear guidelines, we conclude that—in an excess of caution—CDC permit teachers

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 44