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

B. E MPLOYMENT OF A CADEMIC E MPLOYEES IN C ATEGORICALLY F UNDED P ROJECTS

1. I NTRODUCTION

Community college districts are expected to staff their academic positions with contract (probationary) and regular (tenured) employees. However, where an academic position is funded through a limited, finite funding source, the Education Code allows for greater flexibility in the terms of hiring and procedures for termination. Specifically, the Education Code authorizes community college governing boards to employ academic employees as temporary employees, if they serve in programs and projects under contract with public or private agencies, or other categorically funded projects of indeterminate duration. 32 These academic employees, including academic administrators, may be employed under terms and conditions mutually agreed upon in writing by the employee and the governing board. 33 To ensure that the district retains the flexibility to release a “categorical” employee if the funding expires, the contract should state the temporary status of the employee, the fact that employment is at will as well as that employment is contingent upon the continuation of funding. Further, it is essential that all contracts or other written notices of temporary employment be provided to academic employees on or before the first date of paid service. Lack of clarity or notice of status after the first date of paid service may result in the employee acquiring probationary/contract status and for-cause termination rights. 34 Moreover, if a categorical employee is released while the categorical funding continues or the contract with the district is in force, categorical employees are entitled to the same layoff rights as probationary employees. 35 2. L ENGTH OF E MPLOYMENT Under Section 87470, subdivision (a)(3), persons may be employed for periods that are less than a full college year, and may be terminated at the expiration of the contract or specially funded project without regard to other statutory requirements regarding the termination of contract or regular employees. 36 3. A DVANCEMENT T OWARD T ENURE Since categorically funded faculty members are temporary employees, their service may not be included in computing the service required to acquire tenure unless both of the following occur:

 The employee has served as a faculty member under this section for at least 75% of the number of days in the district’s regular schools; and  The employee is subsequently employed as a contract employee in a faculty position. 37

Where these criteria are met, the year before employment as a contract employee is counted, and the employee is considered to be in the second probationary year, rather than the first.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 15