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

As the Court of Appeals in Haase v. San Diego Community College District 1

aptly observed:

“Entry into the Education Code is painful.”

Indeed, trying to decipher the reticulated and complex web of laws that is the Education Code can be an excruciating process. This workbook will help guide you through some of the more common Education Code and Title 5 regulations facing community college districts.

P ROBATIONARY A CADEMIC E MPLOYEES

Section 1

A. D EFINITIONS —E DUCATION C ODE S ECTION 87601

1. E MPLOYMENT OF C ONTRACT F ACULTY M EMBERS A “contract employee” refers to a probationary academic employee. 2 Contract employees are employed based on a contract in accordance with specific Education Code sections. 3

Decisions regarding the continued employment of probationary academic employees require:

 The employee be evaluated according to the evaluation standards and procedures established by the district;

 The governing board has received statements of the most recent evaluations;

 The governing board has received recommendations of the superintendent of the district and the president of the community college; and  The governing board has considered the statement of evaluation and recommendations in a lawful meeting of the board. 4

2. F IRST C ONTRACT A community college district’s governing board shall employ faculty for the first academic year of employment by contract. A faculty member completes the first contract year if the faculty member provides service for 75% of the first academic year. 5 The contract must contain the terms and conditions that the governing board and employee agree to and are consistent with the law. 6 If a contract employee is working under his/her/their first contract, the governing board, in its discretion and not subject to judicial review except as expressly provided in Education Code sections 87610.1 and 87611, 7 may:

 Not enter into a contract for the following academic year;

 Enter into a contract for the following academic year ; or

 Employ the contract employee as a regular (i.e. tenured) employee for all subsequent academic years. 8

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 8