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

discretion to address its budget constraints and thus was not required to fund the full-time position for Wong.

E. L AYOFF OF E DUCATIONAL A DMINISTRATORS When laying off administrators, it is important to remember that even though the administrator position is eliminated, the employee may have the right to be reassigned to a faculty position. Thus, administrators must be included on the seniority list as a faculty member. Depending on when they were hired, an administrator may be tenured faculty. 1. A DMINISTRATORS H IRED B EFORE J ULY 1, 1990 When building the District’s seniority list in preparation for a layoff, the list must include administrators who have attained tenure as faculty members. This applies to administrators who were hired before July 1, 1990 and to administrators who serve as faculty and acquire tenure before becoming administrators. 55 An employee who is hired in an administrative or supervisory position requiring certification qualification— who was employed without a break in service before July 1, 1990 —shall upon completing a probationary period, be classified as a regular classroom instructor. 56 In other words, educational administrators who were hired before July 1, 1990 and complete their probationary periods, attain permanent status and should be placed on the seniority list based upon their first date of paid service. (See discussion below regarding the calculation of seniority dates for administrators.) 2. A DMINISTRATORS H IRED ON OR A FTER J ULY 1, 1990 Administrators hired on or after July 1, 1990 do not acquire probationary or permanent faculty status while serving in their administrative positions. But educational administrators who are hired on or after July 1, 1990 are entitled to become first-year probationary faculty members if their administrative assignment expires, and various conditions apply (i.e. the termination of the assignment is not for cause; the employee has completed at least two years of satisfactory service; and the administrator has the minimum qualifications to serve as a faculty member). 57 If a district eliminates an administrative position in a layoff, triggering reassignment rights for the employee, that employee must be placed on the seniority list, with a “Probationary I classification.” (This assumes that the District does not have a basis–independent of the layoff-to non-renew the administrator.) Further, districts are well advised to factor the “ripple effect” of administrative reductions on their reduction calculations. Example: District determines to conduct a 1 FTE administrative reduction and eliminate employee’s administrative position. Employee, who was hired, as an administrator before 7/1/90 has satisfactorily completed over two years of service, and has been found to meet the minimum qualifications to teach English. Under Education Code section 87458, the employee is entitled to a teaching position. The District, however, cannot absorb an additional FTE in English. Therefore, the board resolution should also include a reduction of 1.0 FTE in English. 58

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