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

months and requires special skills that no one currently employed in the District has. Does the District have to employ an additional classified worker?

The answer to these questions is simple. Districts are not required to expand the ranks of their classified service to cover work that is not an ongoing component of their services or activities. Such a requirement would force districts to create permanent positions for work that is not permanent in nature. Otherwise, districts would regularly need to implement layoffs, making them a prominent fixture of personnel management as districts responded to the ebbs and flows of their temporary work needs. The Education Code provides some flexibility for the District to employ persons outside the classified service in very specific situations, which are addressed below. Districts must be cautious in hiring and retaining these employees. Once the employee no longer falls into a specific category of exemption, he or she will be considered a classified employee and will have the right to continued employment. 1. M ERIT VS . N ON -M ERIT D ISTINCTION The Education Code governs the circumstances under which a community college district may hire an employee outside of the classified service. Merit-system districts face greater statutory controls in employee classification. Before applying a particular Education Code section to your district, you must ascertain that the provision is applicable to your type of system. 2. C ATEGORIES OF P OSITIONS S PECIFICALLY E XCLUDED FROM C LASSIFIED S ERVICE The Education Code establishes several non-academic employment positions that are not part of the classified service:



Substitutes (Non-merit Systems)

 Short-Term Employees (Non-Merit Systems)

 Part-Time Playground Positions (Merit and Non-Merit Systems)

 Apprentices (Merit and Non-Merit Systems)

 Professional Experts (Merit and Non-Merit Systems)

 Full-Time Students Employed Part-Time (Merit and Non-Merit Systems)

 Part-Time Students Employed Part Time in Work Study (Merit and Non- Merit Systems)

 Architectural and Engineering Firms (Merit Systems)

 Persons specially trained, experienced, and competent to furnish services and advice in financial, economic, accounting, engineering, legal, or administrative matters to the district (Merit and Non-Merit Systems)

 Limited-Term Employees (Merit Systems)

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 28