87400-87488
EDUCATION CODE
SECTION 87400-87488
87400. Governing boards of community college districts shall employ
for academic positions, only persons who possess the qualifications
therefor prescribed by regulation of the board of governors. It shall
be contrary to the public policy of this state for any person or
persons charged, by those governing boards, with the responsibility
of recommending persons for employment by those boards to refuse or
to fail to do so for reasons of race, color, religious creed, sex, or
national origin of those applicants for that employment.
87405. (a) Governing boards of commmunity college districts shall
not employ or retain in employment persons who have been convicted of
any sex offense as defined in Section 87010 or controlled substance
offense as defined in Section 87011. If, however, any such conviction
is reversed and the person is acquitted of the offense in a new
trial or the charges against him or her are dismissed, this section
does not prohibit his or her employment thereafter.
(b) Notwithstanding subdivision (a), no person shall be denied
employment or not be retained solely on the basis that he or she has
been convicted of a sex offense or a controlled substance offense if
he or she has obtained or applied for a certificate of rehabilitation
and pardon under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 of the Penal Code, and if his or her probation has
been terminated and the information or accusation has been dismissed
pursuant to Section 1203.4 of the Penal Code.
(c) Notwithstanding subdivision (a), a person may be employed or
retained despite being convicted of a sex offense or a controlled
substance offense if the governing board determines from the evidence
presented that the person has been rehabilitated for at least five
years, or has received a certificate of rehabilitation and pardon
pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6
of Part 3 of the Penal Code, or if the accusation or information
against the person has been dismissed and he or she has been released
from all disabilities and penalties resulting from the offense
pursuant to Section 1203.4 of the Penal Code.
87406. Governing boards of community college districts shall not
employ or retain in employment any person who has been determined to
be a sexual psychopath under the provisions of Article 1 (commencing
with Section 5500), Chapter 1, Part 1.5, Division 6 of the Welfare
and Institutions Code or under similar provisions of law of any other
state. If, however, the determination is reversed and the person is
determined not to be a sexual psychopath in a new proceeding or the
proceeding to determine whether he or she is a sexual psychopath is
dismissed, this section does not prohibit his or her employment
thereafter.
87406.5. Notwithstanding any other provision of law to the
contrary, the governing board of any community college district may
employ any student enrolled in the district who is an ex-convict or
who is on parole, other than a person determined to be a sexual
psychopath, to perform noninstructional duties and such student
workers shall not be considered to be classified employees.
87408. (a) When a community college district wishes to employ a
person in an academic position and that person has not previously
been employed in an academic position in this state, the district
shall require a medical certificate showing that the applicant is
free from any communicable disease, including, but not limited to,
active tuberculosis, unfitting the applicant to instruct or associate
with students. The medical certificate shall be submitted directly
to the governing board by a physician and surgeon licensed under the
Business and Professions Code, a physician assistant practicing in
compliance with Chapter 7.7 (commencing with Section 3500) of
Division 2 of the Business and Professions Code, or a commissioned
medical officer exempted from licensure. The medical examination
shall have been conducted not more than six months before the
submission of the certificate and shall be at the expense of the
applicant. A governing board may offer a contract of employment to an
applicant subject to the submission of the required medical
certificate. Notwithstanding Section 87031, the medical certificate
shall become a part of the personnel record of the employee and shall
be open to the employee or his or her designee.
(b) The governing board of a community college district may
require academic employees to undergo a periodic medical examination
by a physician and surgeon licensed under the Business and
Professions Code, a physician assistant practicing in compliance with
Chapter 7.7 (commencing with Section 3500) of Division 2 of the
Business and Professions Code, or a commissioned medical officer
exempted from licensure, to determine that the employee is free from
any communicable disease, including, but not limited to, active
tuberculosis, unfitting the applicant to instruct or associate with
students. The periodic medical examination shall be at the expense of
the district. The medical certificate shall become a part of the
personnel record of the employee and shall be open to the employee or
his or her designee.
87408.5. (a) When a community college district wishes to employ a
retirant who is retired for service, and such person has not been
previously employed as a retirant, such district shall require, as a
condition of initial employment as a retirant, a medical certificate
showing that the retirant is free from any disabling disease
unfitting him or her to instruct or associate with students. The
medical certificate shall be completed and submitted directly to the
community college district by a physician and surgeon licensed under
the Business and Professions Code, a physician assistant practicing
in compliance with Chapter 7.7 (commencing with Section 3500) of
Division 2 of the Business and Professions Code, or a commissioned
medical officer exempted from licensure. A medical examination shall
be required for the completion of the medical certificate. The
examination shall be conducted not more than six months before the
completion and submission of the certificate and shall be at the
expense of the retirant. The medical certificate shall become a part
of the personnel record of the employee and shall be open to the
employee or his or her designee.
(b) The community college district that initially employed the
retirant, or any district that subsequently employs the retirant, may
require a periodic medical examination by a physician and surgeon
licensed under the Business and Professions Code, a physician
assistant practicing in compliance with Chapter 7.7 (commencing with
Section 3500) of Division 2 of the Business and Professions Code, or
a commissioned medical officer exempted from licensure, to determine
that the retirant is free from any communicable disease unfitting him
or her to instruct or associate with students. The periodic medical
examination shall be at the expense of the community college
district. The medical certificate shall become a part of the
personnel record of the retirant and shall be open to the retirant or
his or her designee.
87408.6. (a) Except as provided in subdivision (h), no person shall
be initially employed by a community college district in an academic
or classified position unless the person has submitted to an
examination within the past 60 days to determine that he or she is
free of active tuberculosis, by a physician and surgeon licensed
under Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code or a physician assistant practicing in
compliance with Chapter 7.7 (commencing with Section 3500) of
Division 2 of the Business and Professions Code. This examination
shall consist of an approved intradermal tuberculin test or any other
test for tuberculosis infection recommended by the federal Centers
for Disease Control and Prevention (CDC) and licensed by the federal
Food and Drug Administration (FDA), that, if positive, shall be
followed by an X-ray of the lungs.
The X-ray film may be taken by a competent and qualified X-ray
technician if the X-ray film is subsequently interpreted by a
physician and surgeon licensed under Chapter 5 (commencing with
Section 2000) of Division 2 of the Business and Professions Code.
The district superintendent, or his or her designee, may exempt,
for a period not to exceed 60 days following termination of the
pregnancy, a pregnant employee from the requirement that a positive
intradermal tuberculin test be followed by an X-ray of the lungs.
(b) Thereafter, employees who are skin test negative, or negative
by any other test recommended by the CDC and licensed by the FDA,
shall be required to undergo the foregoing examination at least once
each four years or more often if directed by the governing board upon
recommendation of the local health officer for so long as the
employee remains test negative by either the tuberculin skin test or
any other test recommended by the CDC and licensed by the FDA. Once
an employee has a documented positive skin test or any other test
that has been recommended by the CDC and licensed by the FDA that has
been followed by an X-ray, the foregoing examinations shall no
longer be required, and referral shall be made within 30 days of
completion of the examination to the local health officer to
determine the need for followup care.
(c) After the examination, each employee shall cause to be on file
with the district superintendent a certificate from the examining
physician and surgeon or physician assistant showing the employee was
examined and found free from active tuberculosis. "Certificate," as
used in this subdivision, means a certificate signed by the examining
physician and surgeon or physician assistant, or a notice from a
public health agency or unit of the American Lung Association that
indicates freedom from active tuberculosis. The latter, regardless of
form, shall constitute evidence of compliance with this section.
(d) This examination is a condition of initial employment and the
expense incident thereto shall be borne by the applicant unless
otherwise provided by rules of the governing board. However, the
board may, if an applicant is accepted for employment, reimburse the
person in a like manner prescribed for employees in subdivision (e).
(e) The governing board of each district shall reimburse the
employee for the cost, if any, of this examination. The board may
provide for the examination required by this section or may establish
a reasonable fee for the examination that is reimbursable to
employees of the district complying with this section.
(f) At the discretion of the governing board, this section shall
not apply to those employees not requiring certification
qualifications who are employed for any period of time less than a
college year whose functions do not require frequent or prolonged
contact with students.
The governing board may, however, require the examination and may,
as a contract condition, require the examination of persons employed
under contract, other than those persons specified in subdivision
(a), if the board believes the presence of these persons in and
around college premises would constitute a health hazard to students.
(g) If the governing board of a community college district
determines by resolution, after hearing, that the health of students
in the district would not be jeopardized thereby, this section shall
not apply to any employee of the district who files an affidavit
stating that he or she adheres to the faith or teachings of any
well-recognized religious sect, denomination, or organization and in
accordance with its creed, tenets, or principles depends for healing
upon prayer in the practice of religion and that to the best of his
or her knowledge and belief he or she is free from active
tuberculosis. If at any time there should be probable cause to
believe that the affiant is afflicted with active tuberculosis, he or
she may be excluded from service until the governing board of the
employing district is satisfied that he or she is not so afflicted.
(h) A person who transfers his or her employment from one campus
or community college district to another shall be deemed to meet the
requirements of subdivision (a) if the person can produce a
certificate that shows that he or she was examined within the past
four years and was found to be free of communicable tuberculosis, or
if it is verified by the college previously employing him or her that
it has a certificate on file that contains that showing.
A person who transfers his or her employment from a private or
parochial elementary school, secondary school, or nursery school to
the community college district subject to this section shall be
deemed to meet the requirements of subdivision (a) if the person can
produce a certificate as provided for in Section 121525 of the Health
and Safety Code that shows that he or she was examined within the
past four years and was found to be free of communicable
tuberculosis, or if it is verified by the school previously employing
him or her that it has the certificate on file.
(i) Any governing board of a community college district providing
for the transportation of students under contract shall require as a
condition of the contract the examination for active tuberculosis, as
provided in subdivision (a), of all drivers transporting the
students, provided that privately contracted drivers who transport
the students on an infrequent basis, not to exceed once a month,
shall be excluded from this requirement.
(j) Examinations required pursuant to subdivision (i) shall be
made available without charge by the local health officer.
87410. Any academic employee not a regular employee who fails to
signify his acceptance within 45 consecutive calendar days after
notice of his or her election or employment has been given him or
her, or mailed to him or her by United States registered mail with
postage thereon prepaid at his or her last known place of address, by
the clerk or secretary of the governing board of the community
college district, shall be deemed to have declined the employment.
87411. If, without good cause, a regular employee of a community
college district fails prior to July 1st of any college year to
notify the governing board of the district of his or her intention to
remain or not to remain in the service of the district, as the case
may be, during the ensuing college year if a request to give that
notice, including a copy of this section, was personally served upon
the employee, or mailed to him or her by United States certified mail
with return receipt requested to his or her last known place of
address, by the clerk or secretary of the governing board of the
community college district, not later than the preceding May 30th,
the employee may be deemed to have declined employment and his or her
services as an employee of the district may be terminated on June
30th of that year.
87413. Except as otherwise provided in Sections 87415 to 87424,
inclusive, every contract or regular employee employed before July 1,
1947, shall be deemed to have been employed on the date upon which
he or she first accepted employment in a probationary position.
In case two or more employees accepted employment on the same
date, the governing board of the district shall determine the order
of employment by lots drawn by the employees concerned or assigned at
random by an independent auditing firm employed in accordance with
Section 87414.
87414. Every contract or regular employee employed after June 30,
1947, shall be deemed to have been employed on the date upon which he
or she first rendered paid service in a probationary or contract
position.
Every academic employee who first rendered paid service on the
same date shall participate in a single drawing to determine the
order of employment, except that in community college districts
having a full-time equivalent student in excess of 15,000, an
independent auditing firm may be employed to assign to those
employees numbers at random which shall determine the order of
employment. Any determination of an employee's order of employment
pursuant to this section shall be made within 30 days of the date
service was first rendered by the employee.
87415. The following general provisions shall apply regardless of
date of employment:
The order once determined by lot shall be permanent, and shall be
entered on the permanent records of the district.
Records showing date of employment, whether kept by the district
or by the county, shall be accessible, on demand, to any academic
employee of the district or to his or her designated representative.
In the absence of records as to any of the matters referred to in
the two preceding sections, the board, in accordance with evidence
presented, shall determine the order of employment after giving
employees a reasonable opportunity to present such evidence.
The governing board of every community college district shall
establish the order of employment of all contract or regular
employees of the district in the manner prescribed by Sections 87400
to 87424, inclusive, and shall keep a roster of same as a public
record.
Whether or not a roster is kept in other districts, the order of
employment in all districts, when required, shall be determined as
prescribed by Sections 87400 to 87424, inclusive.
The board shall have power and it shall be its duty to correct any
errors discovered from time to time in its records showing the order
of employment.
87416. When any college or part thereof shall have been transferred
from one community college district to another, employment for any
employees who transfer with the college or part thereof shall date
from the time those employees first accepted employment (if before
July 1, 1947) or rendered paid service (if after June 30, 1947) as
contract employees in the district from which the college or part
thereof and the employees were transferred.
87417. When any academic employee shall have resigned or been
dismissed for cause and shall thereafter have been reemployed by the
board, his or her date of employment shall be deemed to be the date
on which he or she first accepted reemployment (if reemployed before
July 1, 1947) or rendered paid service (if reemployed after June 30,
1947) after his or her reemployment.
When an employee's services are terminated for lack of enrollment
or discontinuance of service or are otherwise interrupted in a manner
declared by law not to constitute a break in service, his or her
original order of employment shall stand.
87418. Nothing in Section 72400, Part 13 (commencing with Section
22000), Article 5 (commencing with Section 32340) of Chapter 3 of
Part 19, of Division 1 of Title 1 and this part, shall be construed
in a manner to deprive any person of his or her rights and remedies
in a court of competent jurisdiction on a question of law and fact.
87419. Nothing in Section 72400, Part 13 (commencing with Section
22000), Article 5 (commencing with Section 32340) of Chapter 3 of
Part 19, of Division 1 of Title 1 and this part, shall be construed
to repeal or negate any provisions concerning employees of community
college districts contained in the charter of any city, county, or
city and county, adopted and approved in conformity with Article XI
of the California Constitution.
87419.1. Notwithstanding Section 87419, and notwithstanding
provisions of the charter of any city or city and county to the
contrary, on and after July 1, 1978, the academic employees of any
community college district governed by the charter who serve as the
head of a department of the district or in an administrative or
supervisory position shall neither acquire nor retain permanent
status in that position unless the employee is or becomes eligible
for permanent status in accordance with provisions of this code.
87420. All employments made under Sections 87405 to 87451,
inclusive, Sections 87454 to 87462, inclusive, Section 87464,
Sections 87468 to 87480, inclusive, or Sections 87600 to 87626,
inclusive, shall be subordinate to the right of the Legislature to
amend or repeal Sections 87405 to 87451, inclusive, Sections 87454 to
87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive,
Sections 87600 to 87626 inclusive, or any provision or provisions
thereof at any time, and nothing herein contained shall be construed
to confer upon any person employed pursuant to the provisions hereof
a contract that will be impaired by the amendment or repeal of
Sections 87405 to 87451, inclusive, Sections 87454 to 87462,
inclusive, Section 87464, Sections 87468 to 87480, inclusive, and
Sections 87600 to 87626, inclusive, or of any provision or provisions
thereof.
87421. Nothing in this code shall be construed as prohibiting the
employment of persons in academic positions for less than a full
school year in temporary schools or classes.
87422. Any agreement between the governing board of a community
college district and authorities of any foreign country, or of any
state, territory, or possession of the United States, or of any other
district within the state, for the temporary exchange of academic
employees, shall be for a period not to exceed three years. No
exchange shall be made without the consent of the academic employees
to be exchanged.
No person may serve as an exchange employee of a community college
district in the state unless he or she or is qualified for service
under Section 87355, 87356, or 87359.
87423. Acceptance of any exchange position by an employee of a
community college district in the state shall not affect his or her
right to the permanent classification to which he or she is entitled,
at the time of the acceptance, or any of his or her rights under the
state teachers' retirement salary provisions of this code, or under
any local or district retirement plan, or system. The time served in
the exchange position shall be counted as time served in the service
of the district in which the employee is employed immediately prior
to acceptance of the exchange position in determining his or her
status under Section 72400, Part 13 (commencing with Section 22000),
Article 5 (commencing with Section 32340) of Chapter 3 of Part 19,
this part, under the provisions of this code relating to state
retirement salary, and under any local or district retirement plan.
87424. If the employee from the district within the state who
serves as an exchange instructor without the state and the governing
board regularly employing him or her so agree, the district may pay
his or her regular salary, making all deductions provided by law for
retirement purposes, during the period of the exchange teaching. In
such case, the district shall not pay the salary of the exchange
employee from without the state, serving the district in exchange for
its regular instructor.
In the event an employee from a district within this state serving
as an exchange instructor without the state and to whom the
governing board of such district is paying the regular salary of such
instructor as herein provided, is compelled to absent himself or
herself from his or her duties because of injury, illness, or
quarantine, the governing board of the district within this state may
pay the substitute employed to take the place of such instructor and
shall deduct the amount so paid the substitute from the compensation
of the employee.
87428. No community college district may adopt or maintain any rule
or regulation which requires a candidate for an academic position to
be a resident of the district or to become a resident of the
district, or which requires that an employee maintain residency
within the district; nor may a district grant any preferential
treatment to candidates or employees because they are residents of
the district.
87436. Any librarian when employed full time as librarian or
serving full time, partly as librarian and partly as an instructor,
shall rank as an instructor.
87448. (a) No physician, psychiatrist, oculist, dentist, dental
hygienist, optometrist, otologist, podiatrist, audiologist, or nurse
not employed in that capacity by the State Department of Public
Health, shall be, nor shall any other person be, employed or
permitted to supervise the health and physical development of
students unless he or she holds a services credential with a
specialization in health or a valid credential issued prior to
November 27, 1970, or unless he or she meets applicable minimum
qualifications established by the board of governors.
(b) Any psychologist employed pursuant to this section shall hold
a school psychologist credential, a general pupil personnel services
credential authorizing service as a school psychologist, a standard
designated services credential with a specialization in pupil
personnel services authorizing service as a psychologist, a services
credential issued by the board of governors or the Commission for
Teacher Preparation and Licensing, or meet applicable minimum
qualifications established by the board of governors.
(c) No authorization for service as a school nurse shall
authorize teaching services unless the individual is qualified for
faculty service pursuant to minimum qualifications established by the
board of governors.
(d) A physician employed by a district to perform medical services
on a halftime or greater than halftime basis shall hold a valid
certificate to practice medicine and surgery issued by the State
Board of Medical Examiners or the Board of Osteopathic Examiners. The
qualifications for a physician employed for less than halftime shall
be a valid certificate to practice medicine and surgery issued by
the State Board of Medical Examiners.
87449. When an instructor of classes for adults serves sufficient
probationary time to be eligible for election to permanent
classification in that district, his or her tenure shall be for
service which is equivalent to the average number of hours per week
which he or she has served during his or her probationary years. In
no case shall such an employee be classified as permanent for more
than one full-time assignment. The service for which such a person
has acquired tenure may be reduced in conformity with Sections 87743
and 87744.
87451. Nothing in Section 87468 shall be construed to give regular
classification to a person in the adult school who is already
classified as a regular employee in the day school. In case an
instructor obtains permanent classification in the evening school and
later is eligible for the same classification in the day school by
reason of having served the contract period therein, he or she shall
be given a choice as to which classification he or she shall take.
Notwithstanding any other provision to the contrary, service in
the evening school shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a regular employee in the day school, except
service in the evening school rendered by a person rendering services
in the day school who is directed or specifically requested by the
community college district to render services in the evening school
either in addition to, or instead of, rendering service in the day
school. Service in the day school shall not be included in computing
the service required as a prerequisite to attainment of, or
eligibility to, classification as a regular employee in the evening
school, except service in the day school rendered by a person
rendering services in the evening school who is directed or
specifically requested by the community college district to render
service in the day school either in addition to, or instead of,
rendering service in the evening school.
87453. No regular employee of a community college district shall be
dismissed without his or her consent or deprived of his or her
classification as a regular employee of the district when the
district does not have sufficient funds to pay his salary.
87454. A tenured employee, when assigned from a faculty position to
an educational administrative position, or assigned any special or
other type of work, or given special classification or designation,
shall retain his or her status as a tenured faculty member.
87457. Whenever a person employed in an administrative position is
assigned to a faculty position, the governing board of the community
college district shall give the employee, when requested by him or
her, a written statement of the reasons for the transfer.
87458. A person employed in an administrative position that is not
part of the classified service, who has not previously acquired
tenured status as a faculty member in the same district and who is
not under contract in a program or project to perform services
conducted under contract with public or private agencies, or in other
categorically funded projects of indeterminate duration, shall have
the right to become a first-year probationary faculty member once his
or her administrative assignment expires or is terminated if all of
the following apply:
(a) The process by which the governing board reaches the
determination shall be developed and agreed upon jointly by
representatives of the governing board and the academic senate, and
approved by the governing board. The agreed upon process shall
include reasonable procedures to ensure that the governing board
relies primarily upon the advice and judgment of the academic senate
to determine that the administrator possesses the minimum
qualifications for employment as a faculty member. The process shall
further require that the governing board provide the academic senate
with an opportunity to present its views to the governing board
before the board makes a determination and that the written record of
the decision, including the views of the academic senate, shall be
available for review pursuant to Section 87358.
(b) Until a joint agreement is reached pursuant to subdivision
(a), the district process in existence on January 1, 1989, shall
remain in effect.
(c) The administrator has completed at least two years of
satisfactory service, including any time previously served as a
faculty member, in the district.
(d) The termination of the administrative assignment is for any
reason other than dismissal for cause.
(e) This section shall apply to every educational administrator
whose first day of paid service in the district as a faculty member
or an administrator is on or after July 1, 1990.
87458.1. (a) A person employed in an administrative or supervisory
position requiring certification qualifications upon completing a
probationary period, including any time served as a classroom
instructor, in the same district, shall be classified as and become a
regular employee as a classroom instructor.
(b) This section shall only apply to persons whose first day of
paid service in the district without a break in service precedes July
1, 1990.
87459. Notwithstanding the provisions of Section 87458 to the
contrary, the governing board of any community college district
shall, with respect to each person who is employed in an
administrative or supervisory position requiring certification
qualifications under a contract of employment providing a four-year
term of employment and who either has not been previously employed by
the district in such position or has been employed in such position
but not under such a four-year contract, determine prior to May 15 of
the third year under such four-year contract of employment whether
to grant or deny the person regular classification as a classroom
instructor. If the board grants the classification, the person shall
be classified as and become a regular employee as a classroom
instructor. This section shall only apply to persons whose first day
of paid service in the district without a break in service precedes
July 1, 1990.
87460. A person employed in an administrative or supervisory
position by more than one district shall be given regular
classification in whichever district he or she may select for the
regular classification. Other regular classification shall be given
to such an employee in a district situated wholly or partly within a
city or city and county where the charter of the city or city and
county provides for other classification. This section shall apply
only to persons whose first day of paid service in the district
without a break in service precedes July 1, 1990.
87462. A permanent employee of a high school district who was
classified as such while serving in a community college maintained by
the high school district shall, if the high school district is
included in a community college district, be classified as a regular
employee of the community college district if employed by the
community college district in a faculty position.
87463. Any community college faculty member who instructs in a
four-year state institution of higher education maintained on the
campus of the community college pursuant to contracts entered into
between the Trustees of the California State University and the
district, shall, without regard to subject or grade taught, whether
of community college level or higher, acquire and retain all rights
to employment in the district the same as though the employee were
teaching exclusively in a community college of the district. However,
nothing in this section shall be construed to prevent the employee
from resigning from employment in the district pursuant to the
provisions of Section 87730.
87464. The division, uniting, unification, or consolidation of any
community college district or districts, or any change in district
boundaries or organization, shall not affect the classification of
academic employees already employed by any district affected. These
employees shall have the same status with respect to their
classification by the district, including time served as contract
employees of the district after the division, uniting, unification,
or consolidation, or change in district boundaries or organization as
they had prior thereto. If the division, uniting, unification, or
consolidation, or change in district boundaries or organization
results in the college or other place in which any such employee is
employed being maintained by another district, the employee, if a
regular employee of the district that formerly maintained the college
or other place of employment, shall be employed as a regular
employee of the district which thereafter maintains the college or
other place of employment, unless the employee elects to continue in
the employ of the first district. If the employee is a contract
employee of the district that formerly maintained the college or
other place of employment, he or she shall be employed by the
district which thereafter maintains the college or other place of
employment, unless the contract employee is terminated by the
district pursuant to Article 2 (commencing with Section 87600). If
not so terminated, his or her status with respect to classification
by the district shall be the same as it would have been had the
college or other place of employment continued to be maintained by
the district that formerly maintained it. As used in this paragraph,
"the college or other place in which any employee is employed" and
all references thereto, includes, but is not limited to, the college
services or college program which, as a result of any division,
uniting, unification, or consolidation of a district, will be
provided by another district, irrespective of whether any particular
building or buildings in which the service or program was conducted
is physically located in the new district and irrespective of whether
any new district resulting from the division elects to provide for
the education of its students by contracting with another community
college district until the time that the new district constructs its
own facilities.
As used in this section, "any change in district boundaries or
organization" includes, but is not limited to, the formation of a
community college district.
87467. The retirement of any employee of a community college
district under the provisions of any retirement law shall
automatically effect the dismissal of the employee from the employ of
the district at the end of the current school year.
87468. A contract employee who, in any one college year, has served
for at least 75 percent of the number of days the regular schools of
the district in which he or she is employed are maintained shall be
deemed to have served a complete college year. In case of evening
schools, 75 percent of the number of days the evening schools of the
district are in session shall be deemed a complete college year.
87469. Notwithstanding Section 87468, a contract employee employed
by a community college district who, in any college year consisting
of two semesters or three quarters, has served more than 75 percent
of the number of hours considered as a full-time assignment for
regular employees having similar duties in the community colleges of
the district in which he or she is employed, shall be deemed to have
served a complete college year.
87470. (a) (1) The governing board of a community college district
may employ academic employees, including educational administrators,
in programs and projects to perform services conducted under contract
with public or private agencies, or other categorically funded
projects of indeterminate duration under terms and conditions
mutually agreed upon by the employee and the governing board. The
agreement shall be reduced to writing.
(2) Service pursuant to this section shall not be included in
computing the service required as a prerequisite to attainment of, or
eligibility to, classification as a regular employee of a community
college district unless both of the following occur:
(A) The person has served as a faculty member pursuant to this
section for at least 75 percent of the number of days in regular
schools of the district by which he or she is employed are
maintained.
(B) The person is subsequently employed as a contract employee in
a faculty position.
(3) Persons may be employed for periods that are less than a full
college year, and may be terminated at the expiration of the contract
or specially funded project without regard to other requirements of
this code respecting the termination of contract or regular
employees.
(b) This section shall not be construed to apply to any faculty
member who has been employed in the regular educational programs of
the district as a contract employee before being subsequently
assigned to any one of these programs, nor shall it apply to those
employees employed in programs operated pursuant to, or funded
pursuant to, Article 8 (commencing with Section 69640) of Chapter 2
of Part 42, or Section 84850.
(c) Notwithstanding any other provision of law, upon termination
or expiration of employment under this section, a person employed as
an educational administrator shall not be entitled to the rights set
forth in Section 87458 unless those rights are provided pursuant to
his or her contract of employment.
87471. Service by a person as an instructor in classes conducted at
regional occupational centers or programs, as authorized pursuant to
Section 52301, shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a regular employee of a community college district.
This section shall not be construed to apply to any faculty member
who has been employed to instruct in the regular educational
programs of the district and subsequently assigned as an instructor
in regional occupational centers or programs, nor shall it affect the
status of regional occupational center instructors classified as
regular or contract at the time this section becomes effective.
87473. Service under a credential authorizing service only as an
instructor of basic military drill in community college cadet
companies established under Chapter 1 (commencing with Section 500)
of Part 2 of Division 2 of the Military and Veterans Code shall not
be included in computing the service required as a prerequisite to
attainment of, or eligibility to, classification as a regular
employee of a community college district.
87474. (a) Nothing in this code shall be construed as permitting a
faculty member to acquire regular classification with respect to
employment in either of the following:
(1) A summer term maintained by a community college district.
(2) An intersession term maintained by a community college
district, if the exclusion of the intersession term is in accordance
with a collective bargaining agreement applicable to that employee.
(b) Service in connection with the employment referenced in
subdivision (a) shall not be included in computing the service
required as a prerequisite to attainment of, or eligibility for,
classification as a regular employee of the district.
(c) The Legislature finds and declares that this section does not
constitute a change in, but is declaratory of, the preexisting law.
87475. If an employee of a community college district has served as
a contract employee of the district in a faculty position, for one
complete school year, and in the year immediately preceding the
service as contract employee has served as a temporary faculty member
for at least 75 percent of the number of days the regular schools of
the district were maintained, the governing board of the district
may count the year of employment as a temporary employee as one year
of the probationary period which he or she is required by law to
serve as a condition to being classified as a regular employee of the
district.
87477. Governing boards of community college districts shall
classify as contract employees, those faculty members who have not
been classified as regular employees or as temporary employees. The
classification shall be made at the time of employment and thereafter
in the month of July of each school year. At the time of initial
employment during each academic year, each new faculty member shall
receive a written statement indicating his or her employment status
and the salary that he or she is to be paid. If a community college
district hires a faculty member as a temporary employee, the written
statement shall clearly indicate the temporary nature of the
employment and the length of time for which the person is being
employed. If a written statement does not indicate the temporary
nature of the employment, the faculty member shall be deemed to be a
contract employee of the community college district, unless employed
with regular status.
87478. Except as provided in Sections 87481 and 87482, governing
boards of community college districts shall classify faculty employed
to fill positions of regularly employed persons absent from service
as temporary employees.
After September 1 of any school year, the governing board of a
community college district may employ, for the remainder of the
school year, in temporary status any otherwise qualified person who
consents to be so employed in a position for which no regular
employee is available, including persons retired for service under
the State Teachers' Retirement System. Inability to acquire the
services of a qualified regular employee shall be demonstrated to the
satisfaction of the board of governors.
Any person employed for one complete school year as a temporary
employee shall, if reemployed for the following school year in a
faculty position, be classified by the governing board as a contract
employee and the previous year's employment as a temporary employee
shall be deemed a year of employment as a contract employee for
purposes of acquiring regular status.
87480. Governing boards of community college districts shall
classify as temporary employees faculty members, who are employed to
serve from day to day during the first three school months of any
school term to instruct temporary classes not to exist after the
first three school months of any school term or to perform any other
duties which do not last longer than the first three school months of
any school term, or to instruct in special day and evening classes
for adults or in schools of migratory population for not more than
four school months of any school term. If the classes or duties
continue beyond the first three school months of any school term or
four school months for special day and evening classes for adults, or
schools for migratory population, the employee, unless a regular
employee, shall be classified as a contract employee. The school year
may be divided into not more than two school terms for the purposes
of this section.
In any district, the governing board may, to prevent the stoppage
of district business when an actual emergency arises and persons are
not immediately available for contract classification, make an
appointment to a position on a temporary basis for a period not to
exceed 20 working days. The person so appointed shall be deemed to be
a temporary employee who is employed to serve from day to day.
Service by a person in such an appointment on a temporary basis shall
not be included in computing the service required as a prerequisite
to attainment of, or eligibility to, classification as a regular
employee of a community college district.
87481. Notwithstanding the provisions of Sections 87478 and 87480,
the governing board of a community college district may employ any
qualified individual as a temporary faculty member for a complete
school year, but not less than one semester or quarter during a
school year unless the date of rendering first paid service begins
during the second semester or third quarter and prior to March 15th.
The employment of these persons shall be based upon the need for
additional faculty during a particular semester, quarter, or year
because a faculty member has been granted leave for a semester,
quarter, or year, or is experiencing long-term illness, and shall be
limited, in number of persons so employed, to that need, as
determined by the governing board.
Any person employed for one complete school year as a temporary
employee shall, if reemployed for the following school year in a
vacant faculty position, be classified by the governing board as a
contract employee and the previous year's employment as a temporary
employee shall be deemed a year of employment as a contract employee
for purposes of acquiring permanent status.
For purposes of this section "vacant position" means a position in
which the employee is qualified to serve and which is not filled by
a regular or contract employee. It shall not include a position which
would be filled by a regular or contract employee except for the
fact that such employee is on leave.
87482. (a) (1) Notwithstanding Section 87480, the governing board
of a community college district may employ any qualified individual
as a temporary faculty member for a complete school year, but not
less than a complete semester or quarter during a school year. The
employment of those persons shall be based upon the need for
additional faculty during a particular semester or quarter because of
the higher enrollment of students during that semester or quarter as
compared to the other semester or quarter in the academic year, or
because a faculty member has been granted leave for a semester,
quarter, or year, or is experiencing long-term illness, and shall be
limited, in number of persons so employed, to that need, as
determined by the governing board.
(2) Employment of a person under this subdivision may be pursuant
to contract fixing a salary for the entire semester or quarter.
(b) A person, other than a person serving as clinical nursing
faculty and exempted from this subdivision pursuant to paragraph (1)
of subdivision (c), shall not be employed by any one district under
this section for more than two semesters or three quarters within any
period of three consecutive years.
(c) (1) Notwithstanding subdivision (b), a person serving as
full-time clinical nursing faculty or as part-time clinical nursing
faculty teaching the hours per week described in Section 87482.5 may
be employed by any one district under this section for up to four
semesters or six quarters within any period of three consecutive
academic years between July 1, 2007, and June 30, 2014, inclusive.
(2) A district that employs faculty pursuant to this subdivision
shall provide data to the chancellor's office as to the number of
faculty members hired under this subdivision, and what the ratio of
full-time to part-time faculty was for each of the three academic
years prior to the hiring of faculty under this subdivision and for
each academic year for which faculty is hired under this subdivision.
This data shall be submitted, in writing, to the chancellor's office
on or before June 30, 2012.
(3) The chancellor shall report, in writing, to the Legislature
and the Governor on or before September 30, 2012, in accordance with
data received pursuant to paragraph (2), the number of districts that
hired faculty under this subdivision, the number of faculty members
hired under this subdivision, and what the ratio of full-time to
part-time faculty was for these districts in each of the three
academic years prior to the operation of this subdivision and for
each academic year for which faculty is hired under this subdivision.
(4) A district may not employ a person pursuant to this
subdivision if the hiring of that person results in an increase in
the ratio of part-time to full-time nursing faculty in that district.
87482.4. (a) The Legislature finds and declares that, in the state'
s community college system, teaching constitutes a greater share of
the faculty workload, as compared to the California State University
or the University of California systems. California's community
college system requires that a faculty member hold, as a basic
qualification, a master's degree. Furthermore, the community college
system uses a different professional review process, as compared to
the California State University or the University of California
systems.
(b) The California Postsecondary Education Commission shall
conduct a comprehensive study of the California Community College
system's part-time faculty employment, salary, and compensation
patterns as they relate to full-time community college faculty with
similar education credentials and work experience. The study shall
include a representative sample of urban, rural, and suburban
community colleges in California and shall also refer to similarly
situated community colleges in other states.
(c) The study specified in subdivision (b) shall include, but not
necessarily be limited to, the addressing of policy options available
to achieve pay equity between community college part-time faculty
and full-time faculty and shall also include both of the following:
(1) A quantitative analysis examining duties and tasks of
part-time faculty as compared to full-time faculty. The duties and
tasks examined shall include classroom teaching, preparation, office
hours, recordkeeping, student evaluations, recommendations, and other
professional practices that compare the similarities and differences
between a part-time and full-time faculty position. This
quantitative analysis shall also include both of the following:
(A) An examination of whether part-time faculty salaries vary
significantly among community colleges and the factors that are
associated with any salary differential.
(B) Data concerning the salary compensation pattern for part-time
community college faculty in California and in similarly situated
community colleges in other states, and the disparity between
part-time and full-time compensation for the equivalent education and
experience.
(2) An identification of specific policy and fiscal
recommendations that would enable the California Community Colleges
to achieve a compensation schedule that achieves pay equity for
part-time faculty.
(d) The California Postsecondary Education Commission shall, in
conducting the study required by this section, consult various
representatives of the education community, including the Board of
Governors of the California Community Colleges, community college
faculty groups, and other interested parties.
(e) Notwithstanding Section 7550.5 of the Government Code, the
California Postsecondary Education Commission shall release the
preliminary findings of the study required by this section to the
Legislature and the Governor, on or before March 31, 2000, and shall
transmit the study to the Legislature and the Governor on or before
July 1, 2000.
(f) It is the intent of the Legislature that funding for
conducting the study required by this section shall be made available
through an appropriation, either in future legislation or in the
annual Budget Act, in an amount of up to one hundred fifty thousand
dollars ($150,000).
87482.5. (a) Notwithstanding any other law, a person who is
employed to teach adult or community college classes for not more
than 67 percent of the hours per week considered a full-time
assignment for regular employees having comparable duties shall be
classified as a temporary employee, and shall not become a contract
employee under Section 87604. If the provisions of this section are
in conflict with the terms of a collective bargaining agreement in
effect on or before January 1, 2009, the provisions of this section
shall govern the employees subject to that agreement upon the
expiration of the agreement.
(b) Service as a substitute on a day-to-day basis by persons
employed under this section shall not be used for purposes of
calculating eligibility for contract or regular status.
(c) (1) Service in professional ancillary activities by persons
employed under this section, including, but not necessarily limited
to, governance, staff development, grant writing, and advising
student organizations, shall not be used for purposes of calculating
eligibility for contract or regular status unless otherwise provided
for in a collective bargaining agreement applicable to a person
employed under this section.
(2) This subdivision may not be construed to affect the
requirements of subdivision (d) of Section 84362.
87482.6. (a) Until the provisions of Section 84750 regarding
program-based funding are implemented by a standard adopted by the
board of governors that establishes the appropriate percentage of
hours of credit instruction that should be taught by full-time
instructors, the Legislature wishes to recognize and make efforts to
address longstanding policy of the board of governors that at least
75 percent of the hours of credit instruction in the California
Community Colleges, as a system, should be taught by full-time
instructors. To this end, community college districts which have less
than 75 percent of their hours of credit instruction taught by
full-time instructors shall apply a portion of the program
improvement allocation received pursuant to Section 84755 as follows:
(1) Districts which, in the prior fiscal year, had between 67
percent and 75 percent of their hours of credit instruction taught by
full-time instructors shall apply up to 33 percent of their program
improvement allocation as necessary to reach the 75 percent standard.
If a district in this category chooses instead not to improve its
percentage, the board of governors shall withhold 33 percent of the
district's program improvement allocation.
(2) Districts which, in the prior fiscal year, had less than 67
percent of their hours of credit instruction taught by full-time
instructors shall apply up to 40 percent of their program improvement
allocation as necessary to reach the 75 percent standard. If a
district in this category chooses instead not to improve its
percentage, the board of governors shall withhold 40 percent of the
district's program improvement allocation.
Districts which maintain 75 percent or more of their hours of
credit instruction taught by full-time instructors shall otherwise be
free to use their program improvement allocation for any of the
purposes specified in Section 84755.
(b) The board of governors shall adopt regulations for the
effective administration of this section. Unless and until amended by
the board of governors, the regulations shall provide as follows:
(1) In computing the percentage of hours of credit instruction
taught by full-time instructors, the hours of overload teaching by
full-time instructors shall be excluded from both the total hours of
credit instruction taught by full-time and part-time instructors and
the total hours of instruction taught by full-time instructors.
(2) A full-time instructor shall be defined as any regular and
contract faculty member teaching credit instruction.
(3) The chancellor shall compute and report to each community
college district the number of full-time faculty (FTF) which are to
be secured through the use of the prescribed portion of program
improvement revenue allocated to each district. This computation
shall be made by dividing the applicable portion of program
improvement revenue (0 percent, 33 percent, or 40 percent of the
program improvement allocation), by the statewide average
"replacement cost" (a figure which represents the statewide average
faculty salary plus benefits, minus the statewide average hourly rate
of compensation for part-time instructors times the statewide
average full-time teaching load). If the quotient is not a whole
number, then the quotient shall be rounded down to the nearest whole
number. If this quotient, once applied, will result in the district
exceeding the 75 percent standard, the chancellor shall further
reduce the quotient to a whole number that will leave the district as
close as possible to, but in excess of, the 75 percent standard.
By March 15th of each year, the chancellor shall report to each
district an estimate of the number of FTF to be secured based upon
the appropriation of revenues contained in the annual Budget Bill.
(4) On or before December 31, 1991, the chancellor shall determine
the extent to which each district, by September 30, 1991, has hired
the number of FTF determined pursuant to paragraph (3) for the
1989-90 and 1990-91 fiscal years. To the extent that the cumulative
number of FTF have not been retained, the chancellor shall reduce the
district's base budget for 1991-92 and subsequent fiscal years by an
amount equivalent to the average replacement cost times the
deficiency in the number of FTF.
87482.7. (a) The board of governors shall, pursuant to paragraph
(6) of subdivision (b) of Section 70901, adopt regulations that
establish minimum standards regarding the percentage of hours of
credit instruction that shall be taught by full-time instructors.
(b) Upon notification by the board of governors, the Department of
Finance shall transfer any money deducted from district
apportionments pursuant to the regulations adopted under this
section. This money shall be transferred to the Employment
Opportunity Fund pursuant to Section 87107.
87482.8. Whenever possible:
(a) Part-time faculty should be informed of assignments at least
six weeks in advance.
(b) Part-time faculty should be paid for the first week of an
assignment when class is cancelled less than two weeks before the
beginning of a semester. If a class meets more than once per week,
part-time faculty should be paid for all classes that were scheduled
for that week.
(c) The names of part-time faculty should be listed in the
schedule of classes rather than just described as "staff."
(d) Part-time faculty should be considered to be an integral part
of their departments and given all the rights normally afforded to
full-time faculty in the areas of book selection, participation in
department activities, and the use of college resources, including,
but not necessarily limited to, telephones, copy machines, supplies,
office space, mail boxes, clerical staff, library, and professional
development.
87482.9. This section applies only to temporary and part-time
faculty within the meaning of Section 87482.5. The issue of earning
and retaining of annual reappointment rights shall be a mandatory
subject of negotiation with respect to the collective bargaining
process relating to any new or successor contract between community
college districts and temporary or part-time faculty occurring on or
after January 1, 2002.
87483. Notwithstanding any other provision, the governing board of
a community college district may establish regulations that allow
academic employees to reduce their workload from full-time to
part-time duties. The regulations shall include, but shall not be
limited to, the following if the employees wish to reduce their
workload and maintain retirement benefits pursuant to Section 22713
of this code or Section 20815 of the Government Code:
(a) The employee shall have reached the age of 55 prior to
reduction in workload.
(b) The employee shall have been employed full time in an academic
position or a position requiring certification qualifications, or
both, for at least 10 years of which the immediately preceding five
years were full-time employment.
(c) During the period immediately preceding a request for a
reduction in workload, the employee shall have been employed full
time in an academic position or a position requiring certification
qualifications, or both, for a total of at least five years without a
break in service. For purposes of this subdivision, sabbaticals and
other approved leaves of absence shall not constitute a break in
service. Time spent on a sabbatical or other approved leave of
absence shall not be used in computing the five-year full-time
service requirement prescribed by this subdivision.
(d) The option of part-time employment shall be exercised at the
request of the employee and can be revoked only with the mutual
consent of the employer and the employee.
(e) The employee shall be paid a salary which is the pro rata
share of the salary he or she would be earning had he or she not
elected to exercise the option of part-time employment but shall
retain all other rights and benefits for which he or she makes the
payments that would be required if he or she remained in full-time
employment.
The employee shall receive health benefits as provided in Section
53201 of the Government Code in the same manner as a full-time
employee.
(f) The minimum part-time employment shall be the equivalent of
one-half of the number of days of service required by the employee's
contract of employment during his or her final year of service in a
full-time position.
(g) The period of this part-time employment shall not exceed five
years for employees subject to Section 20815 of the Government Code
or 10 years for employees subject to Section 22713 of this code.
(h) The period of part-time employment of employees subject to
Section 20815 of the Government Code shall not extend beyond the end
of the college year during which the employee reaches his or her 70th
birthday. This subdivision shall not apply to any employee subject
to Section 22713 of this code.
87484. (a) In the event a regular employee of a community college
district has tenure as a full-time regular employee of the district,
any assignment or employment of such employee in addition to his or
her full-time regular assignment may be terminated by the governing
board of the district at any time.
(b) Any assignment or employment of a contract employee in
addition to his or her full-time assignment may be terminated by the
governing board of the district at any time.
87485. Except as provided in Section 87744, any contract or
agreement, express or implied, made by any employee to waive the
benefits of this chapter or any part thereof is null and void.
Notwithstanding provisions of this or any other section of this
code, governing boards of community college districts may employ
persons in academic positions on less than a full-time basis.
87486. The governing board of any community college district may
employ or engage as an independent contractor a suitably skilled
person to serve as limited-term or part-time reader assistant in
connection with instruction in composition and writing, and in
mathematics, to faculty. Any person employed as a reader shall not be
deemed to be employed in a faculty position, and, unless otherwise
determined by the governing board, shall not be subject to the
provisions of Chapter 4 (commencing with Section 88000) of Part 51 of
this division. The governing board may pay hourly or unit
compensation rates as it deems proper for the services rendered. It
is the intent of the Legislature in enacting this se