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

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:

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Substitutes (Non-merit Systems)

 Short-Term Employees (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)

3. P ROPER USE OF S HORT T ERM , S UBSTITUTE AND L IMITED T ERM E MPLOYEES

a. Short-Term Employees (Non-Merit Systems) 68

i. Definition A “short-term employee” is narrowly defined as an employee hired to perform a service that once completed will not be extended or needed on a continuing basis. 69 Short-term employees employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. 70 The term “seventy-five percent of a college year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absence—irrespective of the number of hours worked per day. The 195 days must be all in the same school year. Non-working Saturdays and Sundays are not counted in determining whether employees of a school district should be regarded as classified employees.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 29