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

year; (b) enter into a contract for the following two academic years ; or (c) employ the contract employee as a regular employee for all subsequent academic years. 10

4. T HIRD C ONTRACT

If a contract employee is working under his or her third consecutive contract entered into under Section 87608.5, the governing board is mandated to choose one of the two following alternatives: (a) employ the probationary employee as a tenured employee for all subsequent academic years; or (b) not employ the probationary employee as a tenured employee. 11

B. T ENURE R EVIEW

1. E DUCATION C ODE S ECTION 87610: P ROPER I SSUANCE OF M ARCH 15 N OTICES The governing board must give written notice of its decision under Education Code sections 87608 or 87608.5 (i.e., Contracts 1 and 2)—and the reasons for the decision—to the employee on or before March 15 of the academic year covered by the existing contract. 12 The notice must be sent by registered or certified mail to the most recent address on file with the district personnel office. Failure to give the notice as required to a contract employee under his or her first or second contract shall be deemed an extension of the existing contract without change for the following academic year. 13 An employee, however, may not intentionally avoid service of the notice and then claim that the District failed to give notice. 14 The governing board shall give written notice of its decision under Education Code section 87609 (i.e., after the third contract) —and the reasons for the decision—to the employee on or before March 15 of the last academic year covered by the existing contract. The notice shall be by registered or certified mail to the most recent address on file with the district personnel office. Failure to give the notice as required to a contract employee under his or her third consecutive contract shall be deemed a decision to employ him or her as a regular employee for all subsequent academic years. 15 2. G RIEVANCES R EGARDING M ARCH 15 N OTICES – E DUCATION C ODE S ECTION 87610.1 Employees are permitted to grieve the issuance of a March 15 notice of non-reelection on specified and limited grounds. If there is no grievance procedure in the collective bargaining agreement resulting in arbitration (either advisory or final and binding), these allegations shall proceed to hearing. 16 Any grievance brought under Section 87610.1, subdivision (b) may be filed by an employee on his or her behalf, or by the exclusive bargaining representative on behalf of an employee or a group of employees in accordance with the Educational Employment Relations Act (“EERA”) 17 . The exclusive representative shall have no duty of fair representation with respect to taking any of these grievances to arbitration, and the employee shall be entitled to pursue a matter to arbitration with or without the representation by the exclusive representative.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 9