Human Resources Academy II for Community College Districts

4. R EEMPLOYMENT R IGHTS Tenured and probationary employees who are laid off enjoy preferential reemployment rights and priority for substitute assignments if vacancies occur. These employees must be placed on a “reemployment list.” Where a vacancy arises, the district must first offer the position to employees on the reemployment list–in order of seniority to those who are minimally qualified and competent to hold the vacant position. As the court explained in Daniels v. Shasta Tehama Trinity Joint Community College District , 79 statutory reemployment rights apply a hierarchy, where tenured employees have preferential rights over contract employees, who then have priority over temporary employees. Additionally, within each of those categories, there is a seniority hierarchy, where a senior tenured employee has priority over a junior tenured employee.

S TATUS AND R IGHTS OF C HILD D EVELOPMENT C ENTER (CDC) T EACHERS

Section 7

Relevant Education Code Provisions: 8200 et seq.; 8366; 79120

A. O VERVIEW Pursuant to Education Code sections 8200 et seq. and 79120, district governing boards are authorized to establish and maintain child development centers on college campuses. Children’s centers are special programs designed to provide an integrated plan for the care and development of children in absence of their parents and a comprehensive system of child development services for pre-kindergarten and school-age children and their parents. 80 Education Code section 8366 addresses, to a certain extent, the employment status and protections of CDC employees. The sections states, in pertinent part:

Each person employed by a public . . . agency . . . in a position requiring a child development permit for the supervision and instruction of children . . . or in the supervision of the child development program, shall be deemed to be employed in a position requiring certification qualifications. Each other person employed by an agency in a child development program under the provisions of this chapter shall be deemed for all purposes, including retirement, to be a person employed by the agency in a position not requiring certification qualifications.

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 42