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

4. C ONTRACT E MPLOYEES R EASSIGNED TO C ATEGORICAL P ROGRAMS Section 87470 does not apply to a faculty member who is initially employed in the regular educational programs of the district as a contract employee, and then assigned to a categorically funded project or program. In other words, when a contract employee moves into a categorical program, he or she does not give up the rights and protections of probationary employment. The employee’s time in service will count toward tenure, and his or her service with the District (as opposed to service in the categorical position) may not be terminated without the due process rights afforded to contract employees. 5. E DUCATIONAL A DMINISTRATORS A person employed in an administrative position who is not part of the classified service, who has not previously acquired tenure as a faculty member in the same district and who is not under contract in a program or project to perform services conducted under contract with public or private agencies, or in other categorically funded projects of indeterminate duration, shall have the right to become a first-year probationary faculty member once his or her administrative assignment expires or is terminated if the person meets all the requirements of Education Code section 87458. 1. O VERVIEW Education Code section 87482.5 provides that “notwithstanding any other law,” faculty may be employed on a temporary basis if they are employed for “not more than 67 percent of the hours per week considered a full-time assignment for regular employees having comparable duties.” In other words, so long as a temporary employee does not exceed this 67 percent threshold , he or she may be rehired indefinitely as a temporary employee. Note that this is in contrast to temporary hiring under Section 87482 (see above) — which provides that temporary employment may not exceed more than two semesters, or three quarters, within any three consecutive years. Thus, if a temporary employee stays within the 67 percent cap on weekly hours, he or she may be rehired indefinitely. But if the hours exceed the 67 percent 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. 38 2. L IMITATIONS ON THE N UMBER OF P ART -T IME T EMPORARY F ACULTY M EMBERS The Education Code requires community college districts to consider carefully staffing decisions to accomplish the legislative goal of providing at least 75% of credit-hour instruction in community colleges by full-time instructors, while still maintaining program flexibility. 39 C. E MPLOYMENT OF T EMPORARY F ACULTY

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 16