Human Resources Academy II for Community College Districts

cap, the employee will be treated as a temporary employee under section 87482, which will require conversion to contract status if the employee exceeds the 67 percent cap for more than two semesters or three quarters in three consecutive years.

Prior to January 1, 2009, section 87482.5 required a lower 60 percent threshold. The current amended version has increased that threshold to 67 percent.

4. C ALCULATING THE “67 P ERCENT T HRESHOLD ” FOR A DJUNCT E MPLOYMENT To calculate the “67 percent of the hours per week considered a full-time assignment” a district may generally look to the number of hours per week that corresponds to sixty-seven percent of the hours of classroom instruction considered a full-time assignment. Section 87482.5(c) specifically excludes service in “professional ancillary activities, including, but not necessarily limited to, governance, staff development, grant writing, and advising student organizations” from counting towards attainment of contract or regular status unless otherwise provided for in a collective bargaining agreement applicable to a person employed under this section. Additionally, under Section 87482.5(b), service as a substitute on a day-to-day basis may not be used for purposes of calculating eligibility for contract or regular status. For example, if a temporary employee teaches in a discipline where fifteen hours of classroom instruction a week is considered a full-time assignment, and the hourly rate employee renders ten (10) hours of class-room instruction a week, Education Code Section 87482.5 is deemed satisfied. But, should that same hourly rate employee render eleven (11) hours of class-room instruction per week for more than two (2) semesters within any three (3) consecutive years, that hourly rate employee would be entitled to classification as a probationary or regular employee. However, an instructor hired as a temporary employee but teaching more than 67% (formerly 60%) of full-time assignment during fall semester and as a temporary sabbatical replacement during spring semester had to be classified as contract or probationary employee when she was rehired full-time for the following school year. 11

In short, following the guidelines below will assist districts in adhering to the 67 percent threshold:

 Persons employed for 67% or less of the hours per week of a full-time assignment may be employed indefinitely as temporary employees.  Persons employed for 67% or less of the hours per week of a full-time assignment may be employed without regard to the two semester/three quarter limitation of Section 87482.  If a temporary employee exceeds the 67% threshold, he or she thereafter may possibly be classified as a probationary or tenured employee.  To compute the 67% threshold, the faculty load may be averaged over an academic year, but only where the employee has an annual employment contract. In the usual case, where temporary employees are hired each

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 20