Human Resources Academy II for Community College Districts

54 Ed. Code, § 87680. 55 Ed. Code, § 87680. 56 Ed. Code, § 87681. 57 Ed. Code, § 87683. 58 Ed. Code, § 87682.

59 We interpret the “ADA” language in Education Code section 87743 to mean full time equivalent students. 60 Education Code section 87743. We note that districts may also layoff certificated employees during the time period between five days after the Budget Act and August 15th if their total revenue limit per unit of average daily attendance has not increased by at least 2 percent. The Legislature may, but does not always extend this deadline if the Budget Act is adopted late. 61 Kavanagh v. West Sonoma County Union High School Dist. (2003) 29 Cal.4th 911 [129 Cal.Rptr.2d 811, 62 P.3d 54], as modified (Apr. 16, 2003) . 62 In Franzosi v. Santa Monica Community College Dist. (2004) 118 Cal.App.4th 442 [13 Cal.Rptr.3d 25], the court interpreted Education Code sections governing community college districts under the strict standards set forth in Kavanaugh . 63 Employees who work less than 67 percent of a full time assignment are precluded from acquiring probationary status under Education Code section 87482.5. 64 This process does not require matching particular leave replacement temporaries with particular probationary or tenured employees on leave. Santa Barbara Federation of Teachers v. Santa Barbara High Sch. Dist. (1977) 76 Cal.App.3d 223, 232–233 [142 Cal.Rptr. 749]. 65 Ed. Code, § 87414. 66 Education Code sections 87481 and 87475. Note that as discussed above, “full-time” constitutes working more than 67 percent of a full-time assignment. 67 Ed Code, § 87475. 68 Ed. Code, § 87458.1. 69 Ed. Code, § 87458 70 Ed. Code, § 87414. 71 Ed. Code, § 87743.2. 72 Ed. Code, § 87743. 73 Duax v. Kern Community College Dist. (1987) 196 Cal.App.3d 555 [241 Cal.Rptr. 860]. 74 Duax v. Kern Community College Dist. (1987) 196 Cal.App.3d 555, 565–567 [241 Cal.Rptr. 860]. See also Eureka City Schools (2001) AOH No. 2001030393. 75 San Luis Coastal Unified School District (2001) ALJ No. L-2001030642 (quoting Forker v. Board of Trustees (1984) 160 Cal.App.3d 13, 19 [206 Cal.Rptr. 303]. 76 See, e.g., Fallbrook Union Elementary School (1991) ALJ No. L-53022 (district allowed to skip language development specialist although teacher taught other subjects too); Oakland Unified School District (1996) ALJ No. N-9603115 (district entitled to skip employees classified as counselors although they were not in job position of “counselor” where they used unique experience in their positions). 77 Education Code section 87743 states: The board shall make assignments and reassignments in a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render. 78 See, e.g., Murray v. Sonoma County Office of Education (1989) 208 Cal.App.3d 456 [256 Cal.Rptr. 353]; King v. Berkeley Unified School Dist. (1979) 89 Cal.App.3d 1016 [152 Cal.Rptr. 782].

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