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

6. F ACULTY E MPLOYED B ASED UPON N EED FOR A DDITIONAL F ACULTY D URING A P ARTICULAR S EMESTER OR Q UARTER D UE TO H IGHER E NROLLMENT — 87482 Education Code section 87482 also permits a community college to employ qualified individuals as temporary faculty members for a complete school year (at least a complete school term) where there is a need for additional faculty during a particular semester or quarter because of the higher enrollment of students during that semester or quarter, or because a faculty member has been granted leave for a semester, quarter, or year, or has been experiencing long-term illness. The salary for such employment shall be contractually fixed for the entire semester or quarter. Employment under this section cannot exceed more than two semesters or three quarters within any period of three consecutive years. This restriction works to enforce the requirement that the district is responding to unusual or unexpected higher enrollment. Where the higher enrollment becomes consistent, districts are expected to fill those positions with contract employees. If a temporary employee is hired under this section for more than two semesters or three quarters within a three-year period, the employee will be deemed a contract employee. However, a community college district may employ temporary faculty members serving as full-time clinical nursing faculty or as part-time clinical nursing faculty members for up to four semesters or six quarters. 32 Community college district are required to provide data to the Chancellor of the California Community Colleges regarding the number of faculty hired pursuant to this section and the ratio of full-time to part-tine faculty for each of the three academic years prior to the hiring of temporary faculty under this provision and for each academic year faculty is hired under this provision. Districts must provide this data no later than June 30 of each year. 33

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. 34 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. 35 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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 15