Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

C. G RANTING T ENURE Education Code section 87660 et seq . controls the tenure process. As provided above, a contract faculty member normally serves under three probationary contracts. A faculty member must serve a full academic year for the year to count towards acquisition of tenure. Generally, the Education Code provides that a contract employee, who serves at least 75 percent of the number of days the district is maintained, or the number of hours considered a full-time assignment for regular employees performing similar duties, shall be deemed to have served a complete college year. 23 A faculty member, however, may be deemed to have completed the second, third, or fourth contract year if the faculty member provides service for a percentage of the academic year under an agreement between the governing board and the exclusive bargaining representative of the faculty member. 24 Time spent on paid or unpaid leave of absence may be included in computing service if the faculty member serves sufficient time during the year to allow for the evaluation of the faculty member as required by any negotiated evaluation procedure. 25

Districts may properly non-reelect probationary employees for any nondiscriminatory reason by March 15 of each year. But it is best to make the decision sooner rather than later. The sooner this decision is made, the sooner each party can move on. There is a more limited opportunity to file a grievance when employees are non-reelected after the first or second year.

LCW Practice Advisor

Education Code section 87664 provides:

The governing board of each district, in consultation with the faculty, shall adopt rules and regulations establishing the specific procedures for the evaluation of its contract and regular employees on an individual basis and setting forth reasonable but specific standards which it expects its faculty to meet in the performance of their duties. Such procedures and standards shall be uniform for all contract employees of the district with similar general duties and responsibilities and shall be uniform for all regular employees of the district with similar general duties and responsibilities.

Contract employees must be evaluated at least once each academic year. Regular (permanent) employees must be evaluated at least once in every three academic years.

Required evaluations of community college district faculty members must be conducted in accordance with the standards and procedures established by the governing board’s rules and regulations. 26 Moreover, evaluations must include, but are not be limited to, a peer review process, which reflects the diversity of California and is sensitive to equal opportunity

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 11