Education Code — Part 50 | EDC — United States — California law | Esheria

Education Code

Part 50 of 57 · provisions 9,801–10,000

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

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  1. 87482.6.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Community college districts below 75% full-time instruction must dedicate part of their program improvement allocation to raise that percentage, and the board of governors and chancellor must carry out related withholding, reporting, and budget-reduction steps.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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. (Added by Stats. 1988, Ch. 973, Sec. 35.)
  2. 87482.7.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The board of governors must adopt regulations setting minimum standards for the share of credit instruction hours taught by full-time instructors.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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. (Amended by Stats. 2002, Ch. 1169, Sec. 3. Effective January 1, 2003.)
  3. 87482.8.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Part-time faculty should, whenever possible, get advance notice of assignments, pay protection when classes are canceled, accurate name listings in class schedules, and treatment like full-time faculty for certain department rights.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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 canceled 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, once they are assigned to a course, should be listed in the schedule of classes rather than just described as “staff” or “faculty.” (d) The names of part-time faculty, once they are assigned to a course, should be listed in the course schedule provided to students, faculty, and staff, rather than just described as “staff” or “faculty.” (e) 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 limited to, telephones, copy machines, supplies, office space, mailboxes, clerical staff, library, and professional development. (Amended by Stats. 2024, Ch. 418, Sec. 1. (AB 2834) Effective January 1, 2025.)
  4. 87482.9.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    For temporary and part-time faculty, the issue of earning and keeping annual reappointment rights must be treated as a mandatory subject of negotiation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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. (Added by Stats. 2001, Ch. 850, Sec. 1. Effective January 1, 2002.)
  5. 87483.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may adopt rules letting academic employees move from full-time to part-time work, if the stated age and service conditions are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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 20900 of the Government Code: (a) For employees subject to coverage under the Defined Benefit Program under the State Teachers’ Retirement Plan, the regulations shall include all requirements for participation in the reduced workload program pursuant to Section 22713. (b) For employees subject to coverage under the Public Employees’ Retirement System: (1) The employee shall have reached the age of 55 prior to reduction in workload. (2) 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. (3) 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. (4) 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. (5) 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. (6) The period of this part-time employment shall not exceed five years. (7) The period of part-time employment shall not extend beyond the end of the college year during which the employee reaches his or her 70th birthday. (c) (1) The employee shall be paid a salary that 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. (2) The employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time employee. (Amended by Stats. 2017, Ch. 298, Sec. 30. (AB 1325) Effective January 1, 2018.)
  6. 87484.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The governing board of a community college district may terminate certain extra assignments or extra employment at any time.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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. (Amended by Stats. 1981, Ch. 470, Sec. 372.)
  7. 87485.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Employees cannot make contracts to waive the benefits of this chapter, except as allowed by Section 87744. Community college district governing boards may employ academic staff on less than full-time basis.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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. (Amended by Stats. 1990, Ch. 1302, Sec. 85. Effective September 25, 1990.)
  8. 87486.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may hire or contract with a suitably skilled person as a limited-term or part-time reader assistant, and may set hourly or unit pay rates it considers proper.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 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 section not to authorize an increase in the number of students who may be assigned to any class, but to provide an opportunity for improvement in the quality of student writing and mathematics abilities through more frequent assignments of compositions and more work in mathematics made possible by the employment of suitably trained persons to assist the instructor in the careful marking and analysis of the students’ work. Furthermore, the means adopted for employing persons as reader assistants is not intended as an encroachment upon the merit system of public employment, but is adopted as the most practical arrangement, since most work of such nature will be done as part-time work and in the home. (Amended by Stats. 1990, Ch. 1302, Sec. 86. Effective September 25, 1990.)
  9. 87487.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Community college district governing boards may create faculty internship programs and hire eligible interns, and the board of governors must adopt implementing regulations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 87487. (a) The governing board of any community college district may establish a faculty internship program pursuant to regulations adopted by the board of governors and may employ, as faculty interns within the program, graduate students enrolled in the California State University, the University of California, or any other accredited institution of higher education, or, in vocational and technical fields where a master’s degree is not generally expected or available, persons who are within one year of meeting the regular faculty minimum qualifications. Persons who meet the regular faculty minimum qualifications, but who lack teaching experience, may also be included in internship programs authorized by this section to the extent authorized by the board of governors. (b) A student employed as a faculty intern shall be employed as a temporary faculty member under Section 87482.5 and shall meet the minimum qualifications for faculty interns set by the board of governors. The board of governors shall adopt regulations to implement faculty intern programs, including requirements for mentoring of each intern. (Amended by Stats. 1995, Ch. 758, Sec. 155. Effective January 1, 1996.)
  10. 87488.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    If a community college district board formally determines certain service curtailment or changes justify encouraging retirement and that retirement will save the district money, an academic employee may receive two additional years of credited service under the State Teachers’ Retirement Plan, subject to Section 22714.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 87488. Whenever the governing board of a community college district, by formal action, determines that because of impending curtailment of or changes in the manner of performing services, the best interests of the district would be served by encouraging the retirement of academic employees and that the retirement will result in a net savings to the district, an additional two years of service shall be credited under the Defined Benefit Program of the State Teachers’ Retirement Plan to an academic employee pursuant to Section 22714 if all of the conditions set forth in that section are satisfied. (Amended by Stats. 2003, Ch. 313, Sec. 16. Effective January 1, 2004.)
  11. 87489.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The chancellor’s office must create and distribute Public Service Loan Forgiveness materials, and community college districts must give those materials to faculty employees and complete related employment certification forms in specified ways.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [87400 - 87489] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 87489. (a) For purposes of this section, the following terms have the following meanings: (1) “Faculty employees” means full-time and temporary community college faculty members. (2) “Employment certification form” means the form used by the United States Department of Education to certify an individual’s employment at a public service organization for the purposes of the Public Service Loan Forgiveness Program. (3) “Public Service Loan Forgiveness Program” means the federal loan forgiveness program established pursuant to Section 685.219 of Title 34 of the Code of Federal Regulations. (b) (1) The chancellor’s office shall develop materials designed to increase awareness of the Public Service Loan Forgiveness Program, including at least all of the following: (A) A one-page form letter, for use by community college districts to notify faculty employees who may be eligible for the Public Service Loan Forgiveness Program, that briefly summarizes the program, provides information on what an eligible faculty employee is required to do in order to participate, and recommends that the faculty employee contact the faculty employee’s loan servicer or servicers for additional information. (B) A detailed fact sheet describing the Public Service Loan Forgiveness Program. (C) A document containing answers to frequently asked questions about the Public Service Loan Forgiveness Program. (2) The chancellor’s office shall provide the materials described in paragraph (1) to each community college district for distribution to faculty employees. (c) (1) A community college district shall annually provide to all faculty employees the materials described in subdivision (b) in written or electronic form. (2) In addition to the materials provided annually pursuant to paragraph (1), a community college district shall provide a newly hired faculty employee with those same materials within 30 days of the faculty employee’s first day of employment by mail, by electronic mail, or during an in-person new employee orientation. (d) (1) A community college district shall annually provide a faculty employee who is enrolled in the Public Service Loan Forgiveness Program with notice of renewal and a copy of the employment certification form, with the employer portion of the form already completed. (2) A community college district shall not unreasonably delay in completing the employer portion of the employment certification form. (e) (1) For the purpose of qualifying for the Public Service Loan Forgiveness Program, a community college district shall, in completing the employer portion of the employment certification form, credit a faculty employee with at least 3.35 hours worked for each hour of lecture or classroom time. This paragraph does not supersede any higher adjustment factor established by a collective bargaining agreement or employer policy in recognition of the amount of out-of-class work that is associated with instruction, including, but not limited to, performance of office hours. (2) A community college district shall, in completing the employer portion of the employment certification form, credit a faculty employee with noninstructional assignments hour for hour with no adjustment factor. (Amended by Stats. 2020, Ch. 370, Sec. 103. (SB 1371) Effective January 1, 2021.)
  12. 8760.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may run outdoor science and conservation programs, hire staff, get property and equipment, contract with public entities or outside providers, and arrange transportation within the state. Naturalist services must stay under board control, follow state guidelines, and certain convicted persons may not serve as naturalists.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8760. (a) The governing board of any school district may do the following: (1) Conduct programs and classes in outdoor science education and conservation education within or without the boundaries of the district and for that purpose employ instructors, supervisors, and other personnel and provide necessary equipment and supplies. (2) Acquire and maintain real or personal property needed for outdoor science education and conservation education programs and classes either within or without the boundaries of the district either by purchase, rental, lease, gift, or other means in the same manner as if the property were within the boundaries of the school district. (3) Contract with the United States, the State of California, any city, county, city and county or school district therein, or any combination thereof, for the joint operation and maintenance of these programs and classes in outdoor science education and conservation education or for assistance in their operation and maintenance. (4) Transport or arrange transportation of pupils, instructors, supervisors, or other personnel to or from places where these programs and classes are being conducted, whether within or without the district; provided, the transportation is within the state. (b) The governing board of any school district may contract with an outside provider for the services of naturalists. The services provided by the naturalists shall be under the exclusive control and management of the governing board of the school district and shall comply with all guidelines established by the Superintendent of Public Instruction relating to outdoor educational programs. Any naturalist under contract with the governing board of a school district pursuant to this section and all services provided by a naturalist shall be under the supervision of a certificated employee of the school district. Any naturalist assigned to serve school districts under an outside contract shall be subject to Sections 45125 and 49406. No person who has been convicted of any sex offense defined in Section 44010, or any controlled substance offense defined in Section 44011, shall be permitted to render service as a naturalist. (Amended by Stats. 1990, Ch. 1372, Sec. 79.)
  13. 87600.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    This section says the article controls how a district employs people in faculty positions and gives those employees certain rights.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87600. The provisions of this article govern the employment of persons by a district to serve in faculty positions and establish certain rights for these employees. Other provisions of the law which govern the employment of community college faculty or establish rights and responsibilities for these persons shall be applied to persons employed by community college districts in a manner consistent with the provisions of this article. (Amended by Stats. 1990, Ch. 1302, Sec. 90. Effective September 25, 1990.)
  14. 87601.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    This section defines several terms used in the article, including “academic year,” “contract employee,” “district,” “positions requiring certification qualifications,” and “regular employee.”

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87601. For the purposes of this article: (a) “Academic year” means that period between the first day of a fall semester or quarter and the last day of the following spring semester or quarter, excluding any intersession term that has been excluded pursuant to an applicable collective bargaining agreement. (b) “Contract employee” means an employee of a district who is employed on the basis of a contract in accordance with Section 87605, subdivision (b) of Section 87608, or subdivision (b) of Section 87608.5. (c) “District” means a community college district. (d) “Positions requiring certification qualifications” are those positions which provide the services for which certifications have been established in this code. (e) “Regular employee” means an employee of a district who is employed in accordance with subdivision (c) of Section 87608, subdivision (c) of Section 87608.5, or Section 87609. (Amended by Stats. 2002, Ch. 85, Sec. 2. Effective January 1, 2003.)
  15. 87602.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    For other laws, a contract employee counts as a probationary employee, and a regular or tenured employee counts as a permanent employee.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87602. For the purposes of other provisions of law: (a) A contract employee is a probationary employee. (b) A regular or tenured employee is a permanent employee. (Amended by Stats. 1988, Ch. 973, Sec. 36. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.)
  16. 87603.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    This article does not apply to administrators employed by appointment or contract under Section 72411.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87603. This article does not apply to the employment of administrators employed by appointment or contract pursuant to Section 72411. (Amended by Stats. 1995, Ch. 758, Sec. 156. Effective January 1, 1996.)
  17. 87604.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    A community college district board must employ each academic employee as a contract, regular, or temporary employee.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87604. The governing board of a community college district shall employ each academic employee as a contract employee, regular employee, or temporary employee. (Amended by Stats. 1995, Ch. 758, Sec. 157. Effective January 1, 1996.)
  18. 87604.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    A community college district must screen applicants for academic, athletic, or administrative jobs by requiring disclosures and release forms about certain past sexual-harassment and misconduct findings, and it may not ask for that information before the applicant meets minimum qualifications.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87604.5. (a) The governing board of a community college district shall, as part of the hiring process for an appointment to an academic, athletic, or administrative position with that district, do all of the following: (1) (A) Require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years from the date of submission of the application determining that the applicant committed sexual harassment. (B) Permit applicants to disclose if they have filed an appeal with the previous employer or, if applicable, with the United States Department of Education. (2) Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the community college district concerning any substantiated allegations of misconduct in order to permit the community college district to evaluate the released information with respect to the criteria for a potential job placement. (3) If an applicant reaches the final stages of the application process for the intended academic, athletic, or administrative position, require the community college district to use the release form signed pursuant to paragraph (2) to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct. (b) A community college district shall not ask an applicant to disclose, orally or in writing, information concerning any final administrative decision or final judicial decision described in paragraph (1) of subdivision (a), including any inquiry about an applicable decision on any employment application, until the community college district has determined that the applicant meets the minimum employment qualifications stated in the notice issued for the position. (c) For purposes of this section, the following definitions shall apply: (1) “Applicant” means a person who submits an employment application for an academic, athletic, or administrative position, but does not include a person who is a current employee and is hired or rehired for a different position with the same employer. (2) “Final administrative decision” means the written determination of whether or not sexual harassment occurred as determined by the decisionmaker following the final investigative report and the subsequent hearing. (3) “Final judicial decision” means a final determination of a matter submitted to a court that is recorded in a judgment or order of that court. (4) “Misconduct” means any violation of the policies governing employee conduct at the applicant’s previous place of employment, including, but not limited to, violations of policies prohibiting sexual harassment, sexual assault, or other forms of harassment or discrimination, as defined by the employer. (5) “Sexual harassment” has the same meaning as described in subdivision (a) of Section 66262.5 or, if applicable, as defined in Section 106.30 of Title 34 of the Code of Federal Regulations. (6) “Substantiated allegation” means an allegation that has been sustained based upon a burden of proof of at least a preponderance of the evidence. (Amended (as added by Stats. 2023, Ch. 415, Sec. 1) by Stats. 2024, Ch. 673, Sec. 4. (AB 810) Effective January 1, 2025.)
  19. 87605.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    A district governing board must hire faculty by contract for the first academic year of employment.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87605. The governing board of a district shall employ faculty for the first academic year of his or her employment by contract. Any person who, at the time an employment contract is offered to him or her by the district, is neither a tenured employee of the district nor a probationary employee then serving under a second or third contract entered into pursuant to Section 87608 shall be deemed to be employed for “the first academic year of his or her employment.” A faculty member shall be deemed to have completed his or her first contract year if he or she provides service for 75 percent of the first academic year. (Repealed and added by Stats. 1988, Ch. 973, Sec. 38. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.)
  20. 87606.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    Employment contracts must include terms agreed by the district board and the proposed employee, and a faculty member may be treated as having completed later contract years if service and leave conditions are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87606. (a) An employment contract shall contain the terms and conditions that the governing board of the district and the proposed employee agree to and that are consistent with the law. (b) A faculty member may be deemed to have completed the second, third, or fourth contract year, as appropriate, if the faculty member provides service for a percentage of the academic year as is required in an agreement between the governing board of the district and the exclusive bargaining representative of the faculty member. Time spent on paid or unpaid leave of absence may be included in computing service if the faculty member serves sufficient time during the year to allow for the evaluation of the faculty member as required by any negotiated evaluation procedure. For purposes of this subdivision, the paid or unpaid leave of absence may include, but is not limited to, any of the following: (1) Leave for reason of the birth of and bonding with a child or bonding with an adopted or foster child. (2) Leave to care for a parent, spouse, or child with a serious health condition. (3) Leave because of an employee’s own serious health condition. (Amended by Stats. 2014, Ch. 204, Sec. 1. (AB 675) Effective January 1, 2015.)
  21. 87607.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    Before deciding whether to continue a contract employee’s employment, the governing board must meet several evaluation and review requirements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87607. Before making a decision relating to the continued employment of a contract employee, the following requirements shall be satisfied: (a) The employee has been evaluated in accordance with the evaluation standards and procedures established in accordance with the provisions of Article 4 (commencing with Section 87660) of this chapter, a fact determined solely by the governing board. (b) The governing board has received statements of the most recent evaluations. (c) The governing board has received recommendations of the superintendent of the district and, if the employee is employed at a community college, the recommendations of the president of that community college. (d) The governing board has considered the statement of evaluation and the recommendations in a lawful meeting of the board. (Enacted by Stats. 1976, Ch. 1010.)
  22. 87608.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    If a contract employee is in a first contract, the governing board may choose not to renew, may renew for the next academic year, or may make the employee a regular employee for later years.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87608. If a contract employee is working under his or her first contract, the governing board, at its discretion and not subject to judicial review except as expressly provided in Sections 87610.1 and 87611, shall elect one of the following alternatives: (a) Not enter into a contract for the following academic year. (b) Enter into a contract for the following academic year. (c) Employ the contract employee as a regular employee for all subsequent academic years. (Repealed and added by Stats. 1988, Ch. 973, Sec. 40. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.)
  23. 87608.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    If a contract employee is on a second contract, the governing board must choose one of three listed options.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87608.5. If a contract employee is working under his or her second contract, the governing board, at its discretion and not subject to judicial review except as expressly provided in Sections 87610.1 and 87611, shall elect one of the following alternatives: (a) Not enter into a contract for the following academic year. (b) Enter into a contract for the following two academic years. (c) Employ the contract employee as a regular employee for all subsequent academic years. (Added by Stats. 1988, Ch. 973, Sec. 41. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.)
  24. 87609.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    If a contract employee is under a third consecutive contract under Section 87608.5, the governing board must choose between granting tenured employment for later academic years or not doing so.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87609. If a contract employee is employed under his or her third consecutive contract entered into pursuant to Section 87608.5, the governing board shall elect one of the following alternatives: (a) Employ the probationary employee as a tenured employee for all subsequent academic years. (b) Not employ the probationary employee as a tenured employee. (Repealed and added by Stats. 1988, Ch. 973, Sec. 43. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.)
  25. 8761.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards and county superintendents may transport people on U.S. Coast Guard approved vessels for certain outdoor science programs involving marine science.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8761. Notwithstanding any other provision of this code, whenever an outdoor science program involves studies in marine science, the governing board of any school district or a county superintendent of schools may transport, or arrange transportation of, pupils, instructors, supervisors, or other personnel aboard U.S. Coast Guard approved vessels in the waters of the Pacific Ocean for distances not to exceed five miles westerly of any offshore island which is a part of the State of California. (Amended by Stats. 1990, Ch. 1372, Sec. 80.)
  26. 87610.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    The governing board must give the employee written notice of certain employment decisions and reasons by March 15, using registered or certified mail to the latest address on file.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87610. (a) The governing board shall give written notice of its decision under Section 87608 or 87608.5 and the reasons therefor to the employee on or before March 15 of the 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 first or second contract shall be deemed an extension of the existing contract without change for the following academic year. (b) The governing board shall give written notice of its decision under Section 87609 and the reasons therefor 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. (Repealed and added by Stats. 1988, Ch. 973, Sec. 45. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.)
  27. 87610.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    In certain districts, the faculty’s exclusive representative must consult the academic senate before bargaining over tenure evaluation procedures. The section also sets grievance, arbitration, and remedy rules for tenure-related disputes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87610.1. (a) In those districts where tenure evaluation procedures are collectively bargained pursuant to Section 3543 of the Government Code, the faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining on these procedures. (b) Allegations that the community college district, in a decision to grant tenure, made a negative decision that to a reasonable person was unreasonable, or violated, misinterpreted, or misapplied, any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. Allegations that the community college district in a decision to reappoint a probationary employee violated, misinterpreted, or misapplied any of its policies and procedures concerning the evaluation of probationary employees shall be classified and procedurally addressed as grievances. If there is no contractual grievance procedure resulting in arbitration, these allegations shall proceed to hearing in accordance with Section 87740. “Arbitration,” as used in this section, refers to advisory arbitration, as well as final and binding arbitration. (c) Any grievance brought pursuant to 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 Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. 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. However, if a case proceeds to arbitration without representation by the exclusive representative, the resulting decision shall not be considered a precedent for purposes of interpreting tenure procedures and policies, or the collective bargaining agreement, but instead shall affect only the result in that particular case. When arbitrations are not initiated by the exclusive representative, the district shall require the employee submitting the grievance to file with the arbitrator or another appropriate party designated in the collective bargaining agreement, adequate security to pay the employee’s share of the cost of arbitration. (d) The arbitrator shall be without power to grant tenure, except for failure to give notice on or before March 15 pursuant to subdivision (b) of Section 87610. The arbitrator may issue an appropriate make-whole remedy, which may include, but need not be limited to, backpay and benefits, reemployment in a probationary position, and reconsideration. Procedures for reconsideration of decisions not to grant tenure shall be agreed to by the governing board and the exclusive representative of faculty pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (e) Any employees who are primarily engaged in faculty or other bargaining unit duties, who perform “supervisory” or “management” duties incidental to their performance of primary professional duties shall not be deemed supervisory or managerial employees as those terms are defined in Section 3540.1 of the Government Code, because of those duties. These duties include, but are not limited to, serving on hiring, selection, promotion, evaluation, budget development, and affirmative action committees, and making effective recommendations in connection with these activities. These employees whose duties are substantially similar to those of their fellow bargaining unit members shall not be considered supervisory or management employees. (Amended by Stats. 2000, Ch. 124, Sec. 1. Effective January 1, 2001.)
  28. 87611.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    Final decisions after a grievance or hearing under Section 87610.1(b) are subject to judicial review under Code of Civil Procedure Section 1094.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87611. A final decision reached following a grievance or hearing conducted pursuant to subdivision (b) of Section 87610.1 shall be subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. (Repealed and added by Stats. 1988, Ch. 973, Sec. 48. Operative July 1, 1991, pursuant to Sec. 70(e) of Ch. 973.)
  29. 87612.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. )

    Verify source ↗

    The district’s governing board must assign and pay part-time regular employees for less than 75% of the academic year, may choose shorter assignments, and may also assign and pay them for 75% or more at its discretion.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Employment of Faculty [87600 - 87612] ( Heading of Article 2 amended by Stats. 1990, Ch. 1302, Sec. 89. ) ## 87612. Until terminated in accordance with provisions of law, a part-time regular employee shall be assigned, and compensated, for a period of service less than 75 percent of the number of days the colleges of the district are maintained during each academic year. The governing board of the employing district may establish an assignment for any period of days less than 75 percent. At its discretion, the governing board of the employing district may assign and compensate a part-time regular employee for a period of service of 75 percent or more of the number of days the colleges of the district are maintained during each academic year. Such an assignment shall not change the employee’s classification to that of full-time regular employee unless an assignment of this type is made for two consecutive academic years. (Enacted by Stats. 1976, Ch. 1010.)
  30. 8762.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may run forestry courses and related activities, acquire forest lands, afforest or reforest land, and transport participants to and from the work.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8762. The governing board of any school district may: (a) Conduct courses in forestry, and for that purpose employ instructors and supervisors of classes, and acquire necessary equipment. (b) Acquire forest lands outside the boundary of the district by lease for a period not exceeding five years, or purchase or sell forest lands in the same manner as lands within the boundary of the district are purchased or sold. (c) Afforest and reforest, and plant trees, shrubs, and vines on the lands; or upon any public lands which may be placed at its disposal, and enter into contracts and agreements with the government of the United States, the state, or any political subdivision thereof for that purpose. (d) Transport pupils, instructors, or supervisors of classes to or from classes or places where the work is being done, whether within or without the district, in the same manner and subject to the same limitations as in transporting pupils to and from school. (Amended by Stats. 1990, Ch. 1372, Sec. 81.)
  31. 87620.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. )

    Verify source ↗

    This article applies to all faculty members employed by a community college district.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. ) ## 87620. The provisions of this article apply to all persons employed as faculty members by a community college district. (Amended by Stats. 1990, Ch. 1302, Sec. 105. Effective September 25, 1990.)
  32. 87622.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. )

    Verify source ↗

    Community college faculty employment, rights, responsibilities, dismissal, and penalties are governed by specified articles, and faculty employment must otherwise follow the law consistently with those articles and this article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. ) ## 87622. The employment, rights, responsibilities, dismissal, imposition of penalties for persons employed by a community college district in faculty positions shall be governed by Article 2 (commencing with Section 87600), and Article 4 (commencing with Section 87660). The employment of faculty by a community college district shall otherwise be governed as provided by law and in a manner consistent with Articles 2 and 4 and with this article (hereinafter referred to in this article, collectively, as “this act”). This act shall take precedence, for the purposes of community college faculty, over any other act enacted by the Legislature at any session which, explicitly or implicitly, would result in community college faculty being governed by provisions inconsistent with this act. (Amended by Stats. 1995, Ch. 758, Sec. 158. Effective January 1, 1996.)
  33. 87623.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. )

    Verify source ↗

    Academic employees accused of misconduct must get notice of the general accusations before involuntary paid administrative leave, unless an immediate leave is justified by serious danger or other necessity.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. ) ## 87623. (a) Each academic employee who is subject to accusations of misconduct is entitled to be provided with the general nature of the accusations made against the employee at least two business days before the employee is placed on involuntary paid administrative leave. At least two business days before the employee is placed on involuntary paid administrative leave, the employee shall be notified in writing of the general nature of the allegation or allegations of misconduct upon which the decision to place the employee on involuntary paid administrative leave is based. (b) The requirements of subdivision (a) do not apply in the event of a serious risk of physical danger or other necessity arising from the specific allegations, and the employee may immediately be placed on involuntary paid administrative leave. The employee shall be provided with, at minimum, the general nature of the accusations made against the employee within five business days of the employee being placed on involuntary paid administrative leave. (c) (1) Within 90 working days of placing an academic employee on involuntary paid administrative leave, the employer should complete its investigation of the accused misconduct and initiate disciplinary proceedings against, or reinstate, the employee, unless the period of paid administrative leave is extended by agreement of the employee and employer. The extension may not exceed 30 calendar days. The board of governors may, by regulation, establish a required amount of time in which an employer is expected to comply with this subdivision. (2) For purposes of this subdivision, “working days” means Monday through Friday and does not include weekends and state holidays. (d) For purposes of this section, “paid administrative leave” means a temporary leave from a job assignment, with pay and benefits intact. (e) This section does not supersede the rights of labor organizations or employees pursuant to the Educational Employment Relations Act established in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 29, Sec. 1. (AB 1383) Effective January 1, 2022.)
  34. 87626.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. )

    Verify source ↗

    Evaluation rules must ensure district evaluation standards and procedures are fair, align with the act’s intent, and stay similar across districts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Community College Faculty [87620 - 87626] ( Heading of Article 3 amended by Stats. 1990, Ch. 1302, Sec. 104. ) ## 87626. Rules and regulations adopted in relation to the evaluation process shall assure that the standards and procedures of the evaluation process in each district will be fair and in accordance with the intent of this act and that the evaluation processes of all of the districts are basically similar in substance and intent. These regulations shall permit and encourage a district governing board to establish evaluation procedures and standards which meet the particular needs of that district. (Enacted by Stats. 1976, Ch. 1010.)
  35. 8763.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may, with county board approval, make agreements to provide outdoor science and conservation education programs and classes, and the agreement must require payment of actual costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8763. The county superintendent of schools may, with the approval of the county board of education, enter into agreements with the governing board of one or more school districts or private schools to provide programs and classes in outdoor science education and conservation education for pupils in the district or private school. Except as otherwise provided in this article, the agreement shall provide for the payment by the district or the private school of the actual cost of providing the programs or classes. The county superintendent of schools shall transfer from the funds of the district or the private school shall pay, as the case may be, to the county school service fund the amounts set forth in the agreement. (Amended by Stats. 1990, Ch. 1372, Sec. 82.)
  36. 8764.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may agree to spend capital outlay funds and pay other program costs when contracting with the county superintendent of schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8764. The school district or districts entering into agreements pursuant to this article with the county superintendent of schools may agree to make capital outlay expenditures, as well as pay for the other costs of the program. Title to all property acquired by the capital outlay expenditures shall be vested in the office of the county superintendent of schools, and the participating school districts shall have no interest in the property, nor in the proceeds of any sale, lease, exchange, or other disposition of the property, unless the parties otherwise provide in the agreement which authorizes the acquisition of the property. (Amended by Stats. 1990, Ch. 1372, Sec. 83.)
  37. 8765.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a county superintendent of schools provides outdoor science education or conservation education programs and classes under this article, the superintendent has the same powers and duties that Section 8760 gives to governing boards of school districts, unless otherwise provided.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8765. Except as otherwise provided, all of the powers and duties authorized for governing boards of school districts by Section 8760 are powers and duties of the county superintendent of schools whenever, pursuant to this article, he or she provides programs and classes in outdoor science education and conservation education. (Amended by Stats. 1990, Ch. 1372, Sec. 84.)
  38. 8766.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county superintendent of schools may, with county board approval, accept gifted real or personal property and maintain it for these programs and classes; participating districts and private schools do not have to reimburse for use of gifted property.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8766. The county superintendent of schools may, with the approval of the county board of education, acquire by gift and maintain real or personal property needed for such programs and classes with title thereto vested in the office of the county superintendent of schools. The school districts or community college districts or private schools participating in such programs and classes shall not be required to reimburse the county superintendent of schools for use of real and personal property which is acquired by gift. (Amended by Stats. 1977, Ch. 333.)
  39. 87660.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    This section says Article 4 controls how community college faculty are evaluated, dismissed, and penalized.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87660. The provisions of this article govern the evaluation of, the dismissal of, and the imposition of penalties on, community college faculty. Other provisions of this code which govern the evaluation of, dismissal of, and the imposition of penalties on, community college faculty shall be applied to persons employed by a community college district in a manner consistent with the provisions of this article. (Amended by Stats. 1990, Ch. 1302, Sec. 111. Effective September 25, 1990.)
  40. 87661.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    This section defines terms used in the article, including “academic year,” “contract employee” or “probationary employee,” “district,” and “regular employee” or “tenured employee.”

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87661. For the purposes of this article: (a) “Academic year” means that period between the first day of a fall semester or quarter and the last day of the following spring semester or quarter, excluding any intersession term that has been excluded pursuant to an applicable collective bargaining agreement. (b) “Contract employee” or “probationary employee” means an employee of a district who is employed on the basis of a contract in accordance with Section 87605, subdivision (b) of Section 87608, or subdivision (b) of Section 87608.5. (c) “District” means a community college district. (d) “Regular employee” or “tenured employee” means an employee of a district who is employed in accordance with subdivision (c) of Section 87608, subdivision (c) of Section 87608.5, or Section 87609. (Amended by Stats. 2002, Ch. 85, Sec. 3. Effective January 1, 2003.)
  41. 87662.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    This article does not apply to administrators employed under Section 72411, except as provided in Section 72411 and subdivision (i) of Section 87663.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87662. Except as provided in Section 72411 and subdivision (i) of Section 87663, the provisions of this article do not apply to administrators employed pursuant to Section 72411. (Amended by Stats. 1990, Ch. 1302, Sec. 113. Effective September 25, 1990.)
  42. 87663.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    This section sets evaluation timelines for different employee groups in community colleges and requires certain evaluation procedures and consultations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87663. (a) Contract employees shall be evaluated at least once in each academic year. Regular employees shall be evaluated at least once in every three academic years. Temporary employees shall be evaluated within the first year of employment. Thereafter, evaluation shall be at least once every six regular semesters, or once every nine regular quarters, as applicable. (b) Whenever an evaluation is required of a faculty member by a community college district, the evaluation shall be conducted in accordance with the standards and procedures established by the rules and regulations of the governing board of the employing district. (c) Evaluations shall include, but not be limited to, a peer review process. (d) The peer review process shall be on a departmental or divisional basis, and shall address the forthcoming demographics of California, and the principles of affirmative action. The process shall require that the peers reviewing are both representative of the diversity of California and sensitive to affirmative action concerns, all without compromising quality and excellence in teaching. (e) The Legislature recognizes that faculty evaluation procedures may be negotiated as part of the collective bargaining process. (f) In those districts where faculty evaluation procedures are collectively bargained, the faculty’s exclusive representative shall consult with the academic senate prior to engaging in collective bargaining regarding those procedures. (g) It is the intent of the Legislature that faculty evaluation include, to the extent practicable, student evaluation. (h) A probationary faculty member shall be accorded the right to be evaluated under clear, fair, and equitable evaluation procedures locally defined through the collective bargaining process where the faculty has chosen to elect an exclusive representative. Those procedures shall ensure good-faith treatment of the probationary faculty member without according him or her de facto tenure rights. (i) Governing boards shall establish and disseminate written evaluation procedures for administrators. It is the intent of the Legislature that evaluation of administrators include, to the extent possible, faculty evaluation. (Amended (as amended by Stats. 1988, Ch. 973) by Stats. 1990, Ch. 1302, Sec. 114. Effective September 25, 1990.)
  43. 87664.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    Each district’s governing board must, after consulting the faculty, adopt rules for evaluating contract and regular employees and set reasonable, specific faculty performance standards.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87664. The governing board of each district, in consultation with the faculty, shall adopt rules and regulations establishing the specific procedures for the evaluation of its contract and regular employees on an individual basis and setting forth reasonable but specific standards which it expects its faculty to meet in the performance of their duties. Such procedures and standards shall be uniform for all contract employees of the district with similar general duties and responsibilities and shall be uniform for all regular employees of the district with similar general duties and responsibilities. (Amended by Stats. 1990, Ch. 1302, Sec. 115. Effective September 25, 1990.)
  44. 87665.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    A community college district board may end a temporary employee’s job at the end of a day or week, but if it does so, the termination process must follow the local collective bargaining agreement. Part-time faculty assignments are temporary and do not create reasonable assurance of continued employment.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87665. (a) Consistent with subdivision (b), the governing board of a community college district may terminate the employment of a temporary employee at its discretion at the end of a day or week, whichever is appropriate. The decision to terminate the employment is not subject to judicial review except as to the time of termination. (b) If the governing board of a community college district terminates the employment of a temporary employee pursuant to subdivision (a), the procedure for terminating the temporary employee shall comply with the provisions of the local collective bargaining agreement that pertain to the termination of a temporary employee. (c) In all cases, part-time faculty assignments shall be temporary in nature, contingent on enrollment and funding, and subject to program changes, and no part-time faculty member shall have reasonable assurance of continued employment at any point, irrespective of the status, length of service, or reemployment preference of that part-time, temporary faculty member. (Amended by Stats. 2025, Ch. 288, Sec. 1. (AB 1028) Effective January 1, 2026.)
  45. 87666.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    During the school year, contract and regular employees may be dismissed and penalized under the article’s grounds and procedures.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87666. During the school year, all contract and regular employees are subject to dismissal and the imposition of penalties on the grounds and pursuant to procedures set forth in this article. (Enacted by Stats. 1976, Ch. 1010.)
  46. 87667.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    A contract or regular employee may be dismissed or penalized for grounds listed in Section 87732.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87667. A contract or regular employee may be dismissed or penalized for one or more of the grounds set forth in Section 87732. (Enacted by Stats. 1976, Ch. 1010.)
  47. 87668.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    A governing board may impose a suspension for up to one year, or a suspension for up to one year plus reduced or lost compensation during the suspension.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87668. A governing board may impose one of the following penalties: (a) Suspension for up to one year. (b) Suspension for up to one year and a reduction or loss of compensation during the period of suspension. (Enacted by Stats. 1976, Ch. 1010.)
  48. 87669.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    The governing board decides whether a contract or regular employee will be dismissed or penalized, and if penalized, what the penalty is.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87669. The governing board shall determine whether a contract or regular employee is to be dismissed or penalized. If the employee is to be penalized, the governing board shall determine the nature of those penalties. If the employee is to be dismissed or penalized, the governing board shall determine whether the decision shall be imposed immediately or postponed in accordance with Section 87672. (Enacted by Stats. 1976, Ch. 1010.)
  49. 8767.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may provide certain coordination services for outdoor science and conservation education programs, but only with county board approval, and participating districts or private schools do not have to reimburse those costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8767. The county superintendent of schools may, with the approval of the county board of education, provide the coordination services authorized by Section 1703 in connection with programs and classes in outdoor science education and conservation education and the participating districts or private schools shall not be required to reimburse the county superintendent for the cost of such coordination services. (Amended by Stats. 1977, Ch. 333.)
  50. 87670.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    This article’s procedure does not apply to an immediate suspension under Section 87736.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87670. The procedure set forth in this article does not apply to an immediate suspension effected under Section 87736. (Amended by Stats. 1990, Ch. 1302, Sec. 116. Effective September 25, 1990.)
  51. 87671.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    A contract or regular employee may be dismissed or penalized only if the listed grounds exist and the required evaluation, recommendations, and board meeting steps are completed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87671. A contract or regular employee may be dismissed or penalized if one or more of the grounds set forth in Section 87732 are present and the following are satisfied: (a) The employee has been evaluated in accordance with standards and procedures established in accordance with the provisions of this article. (b) The district governing board has received all statements of evaluation which considered the events for which dismissal or penalties may be imposed. (c) The district governing board has received recommendations of the superintendent of the district and, if the employee is working for a community college, the recommendations of the president of that community college. (d) The district governing board has considered the statements of evaluation and the recommendations in a lawful meeting of the board. (Enacted by Stats. 1976, Ch. 1010.)
  52. 87672.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    A governing board that plans to dismiss or penalize a contract or regular employee must give the employee a signed, verified written statement explaining the decision and reasons.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87672. If a governing board decides it intends to dismiss or penalize a contract or regular employee, it shall deliver a written statement, duly signed and verified, to the employee setting forth the complete and precise decision of the governing board and the reasons therefor. The written statement shall be delivered by serving it personally on the employee or by mailing it by United States registered mail to the employee at his or her address last known to the district. A governing board may postpone the operative date of a decision to dismiss or impose penalties for a period not to exceed one year, subject to the employee’s satisfying his or her legal responsibilities as determined by statute and rules and regulations of the district. At the end of this period of probation, the decision shall be made operative or permanently set aside by the governing board. (Amended by Stats. 1995, Ch. 758, Sec. 159. Effective January 1, 1996.)
  53. 87673.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    If an employee objects to a governing board decision or the reasons for it, the employee must give written notice within 30 days.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87673. If the employee objects to the decision of the governing board, or the reasons therefor, on any ground, the employee shall notify, in writing, the governing board, the superintendent of the district which employs him or her, and the president of the college at which the employee serves of his or her objection within 30 days of the date of the service of the notice. (Amended by Stats. 1995, Ch. 758, Sec. 160. Effective January 1, 1996.)
  54. 87674.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    The employee and the governing board must choose an arbitrator within 30 days after the board receives the employee’s hearing demand.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87674. Within 30 days of the receipt by the district governing board of the employee’s demand for a hearing, the employee and the governing board shall agree upon an arbitrator to hear the matter. When there is agreement as to the arbitrator, the employee and the governing board shall enter into the records of the governing board written confirmation of the agreement signed by the employee and an authorized representative of the governing board. Upon entry of such confirmation, the arbitrator shall assume complete and sole jurisdiction over the matter. (Enacted by Stats. 1976, Ch. 1010.)
  55. 87675.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    The arbitrator must run the hearing under the referenced procedure rules, finish discovery before one week before the hearing, limit testimony and evidence about events older than four years, and decide whether the employee should be dismissed or penalized.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87675. The arbitrator shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that the right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. In all cases, discovery shall be completed prior to one week before the date set for hearing. The arbitrator shall determine whether there is cause to dismiss or penalize the employee. If the arbitrator finds cause, the arbitrator shall determine whether the employee shall be dismissed, the precise penalty to be imposed, and whether the decision should be imposed immediately or postponed pursuant to Section 87672. No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters that occurred more than four years prior to the date of the filing of the notice. Evidence of records regularly kept by the governing board concerning the employee may be introduced, but no decision relating to the dismissal or suspension of any employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years prior to the filing of the notice. (Amended by Stats. 2004, Ch. 182, Sec. 26. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  56. 87676.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    If an arbitrator postpones the operation of a decision, the arbitrator decides any question about ending that postponement.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87676. In the case in which the arbitrator determines that the operation of his or her decision should be postponed, any question of terminating the postponement shall be determined by the arbitrator. (Amended by Stats. 1995, Ch. 758, Sec. 162. Effective January 1, 1996.)
  57. 87677.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    The district must pay the arbitrator’s fees and expenses, plus the costs of the proceedings as determined by the arbitrator.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87677. The district alone shall pay the arbitrator’s fees and expenses, and the costs of the proceedings as determined by the arbitrator. The “cost of the proceedings” does not include any expenses paid by the employee for his or her counsel, witnesses, or the preparation or presentation of evidence on his or her behalf. (Amended by Stats. 1995, Ch. 758, Sec. 163. Effective January 1, 1996.)
  58. 87678.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    If no written agreement on an arbitrator is filed within 30 days after notification, the district governing board must refer the matter to the Office of Administrative Hearings and ask for an administrative law judge.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87678. If within 30 days of the receipt of the notification by the district governing board, no written confirmation of agreement of the employee and the governing board as to an arbitrator has been submitted to the secretary of the governing board for entry into its records, the governing board shall certify the matter to the Office of Administrative Hearings and request the appointment of an administrative law judge. (Amended by Stats. 1985, Ch. 324, Sec. 7.)
  59. 87679.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    An administrative law judge must conduct these proceedings under the specified Government Code chapter, and discovery must be completed at least one week before the hearing date.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87679. The administrative law judge shall conduct proceedings in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except that the right of discovery of the parties shall not be limited to those matters set forth in Section 11507.6 of the Government Code but shall include the rights and duties of any party in a civil action brought in a superior court under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. In all cases, discovery shall be completed prior to one week before the date set for hearing. The written notice delivered to the employee pursuant to Section 87672 shall be deemed an accusation. The written objection of the employee delivered pursuant to Section 87673 shall be deemed the notice of defense. (Amended by Stats. 2004, Ch. 182, Sec. 27. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  60. 8768.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An agreement may allow the county superintendent and participating schools to buy or lease real property needed for outdoor science and conservation classes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8768. Any such agreement between the county superintendent of schools and school districts or community college districts or private schools may provide for the purchase or lease of any real property necessary to conduct classes in outdoor science education and conservation education. If real property is purchased pursuant to such an agreement, title to such real property shall be vested in the office of the county superintendent of schools and the participating school districts, community college districts, or private schools shall have no interest in such property, nor in the proceeds of any sale, lease, exchange, or other disposition of such property, unless the parties otherwise provide in the agreement which authorizes the acquisition of such property. (Amended by Stats. 1977, Ch. 333.)
  61. 87680.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    The administrative law judge must decide whether there is cause to dismiss or penalize the employee, and may impose dismissal or another penalty if cause is found.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87680. The administrative law judge shall determine whether there is cause to dismiss or penalize the employee. If he or she finds cause, he or she shall determine whether the employee shall be dismissed and determine the precise penalty to be imposed, and shall determine whether his or her decision should be imposed immediately or postponed pursuant to Section 87672. No witness shall be permitted to testify at the hearing except upon oath or affirmation. No testimony shall be given or evidence introduced relating to matters which occurred more than four years prior to the date of the filing of the notice. Evidence of records regularly kept by the governing board concerning the employee may be introduced, but no decision relating to the dismissal or suspension of any employee shall be made based on charges or evidence of any nature relating to matters occurring more than four years prior to the filing of the notice. (Amended by Stats. 1985, Ch. 324, Sec. 9.)
  62. 87681.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    If an administrative law judge postpones the operation of a decision, any issue about ending that postponement must be brought to that judge.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87681. In the case in which the administrative law judge determines that the operation of his or her decision should be postponed, any question of terminating the postponement shall be brought to the administrative law judge. (Amended by Stats. 1985, Ch. 324, Sec. 10.)
  63. 87682.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    Either the governing board or the employee may petition for court review of the arbitrator’s or administrative law judge’s decision.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87682. The decision of the arbitrator or administrative law judge, as the case may be, may, on petition of either the governing board or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by an administrative law judge under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law. (Amended by Stats. 1985, Ch. 324, Sec. 11.)
  64. 87683.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. )

    Verify source ↗

    The district must pay charges levied by the Office of Administrative Hearings.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Evaluations and Discipline [87660 - 87683] ( Heading of Article 4 amended by Stats. 1990, Ch. 1302, Sec. 110. ) ## 87683. The charges levied by the Office of Administrative Hearings shall be paid by the district. (Enacted by Stats. 1976, Ch. 1010.)
  65. 8769.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may lease real or personal property, but only with county board approval and only if the property is not needed for outdoor science and conservation education.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8769. The county superintendent of schools may, with the approval of the county board of education, lease real or personal property for the purpose of care, teaching, and training of physically handicapped children or children with intellectual disabilities if the property is not required for outdoor science education and conservation education, upon the terms and conditions that are agreed upon. (Amended by Stats. 2012, Ch. 457, Sec. 5. (SB 1381) Effective January 1, 2013.)
  66. 8770.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may, with approval from the county board of education, convey certain county-superintendent-held real property to the United States in exchange for comparable real property.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8770. The county superintendent of schools may, with the approval of the county board of education, convey any real property, title to which is vested in the office of the county superintendent of schools, to the United States of America in exchange for other real property of comparable value, upon such terms and conditions as are agreed upon. (Enacted by Stats. 1976, Ch. 1010.)
  67. 87700.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. )

    Verify source ↗

    Certain community college district academic employees who enter qualifying military or related service may take leave and later return to their position.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. ) ## 87700. Every person employed by a community college district as a contract or regular employee in an academic position who enters the active military service of the United States of America or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service, created or authorized as such auxiliary by the Congress of the United States of America or by the Legislature of the State of California, or in the service of the United States Merchant Marine, or in full-time paid service of the American Red Cross, during any period of national emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, shall be entitled to absent himself or herself from his or her duties as an employee of the district. Such absence shall not affect in any way the classification of the employee. In the case of a contract employee, the period of the absence shall not count as part of the service required as a condition precedent to the classification of the employee as a regular employee of the district, but such absence shall not be construed as a break in the continuity of the service of the employee for any purpose. The dismissal or termination of any contract employee because of reduced attendance due to war conditions, after his or her entry into the active military service or service in the American Red Cross, shall not deprive him or her of any of the benefits of this section. Within six months after the employee honorably leaves the service or has been placed on inactive duty he or she shall, subject to the provisions of this section, be entitled to return to the position held by him or her at the time of his or her entrance into the service, at the salary to which he or she would have been entitled had he or she not absented himself or herself from the service of the district under this section. If the employee was employed under a lawful contract for a period in excess of one year in a position in which he or she had not become a regular employee of the district, he or she shall be entitled to return to the position for the period his or her contract of employment had to run at the time he or she entered the service. Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to the position following the return of the employee to the position. (Amended by Stats. 1990, Ch. 1302, Sec. 119. Effective September 25, 1990.)
  68. 87701.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. )

    Verify source ↗

    Certain community college district employees elected to the Legislature must be given leave, may work part-time by agreement, and are entitled to return to their former position within six months after their term ends.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. ) ## 87701. Every person employed by a community college district as a permanent employee in an academic position who is elected to the Legislature shall be granted a leave of absence from his or her duties as an employee of the district by the governing board of the district. During the term of the leave of absence, the employee may be employed by the district to perform less than full-time service, for compensation and upon terms and conditions, as may be mutually agreed upon. This absence shall not affect in any way the classification of the employee. Within six months after the term of office of the employee expires, he or she is entitled to return to the position held by him or her at the time of his or her election, at the salary to which he or she would have been entitled had he or she not absented himself or herself from the service of the district under this section. Notwithstanding any provision of this code to the contrary, a person employed to take the place of any such employee shall not have any right to the position following the return of the employee to the position. This section shall apply to any permanent employee who held the office of Member of the Assembly or State Senator on or after January 4, 1965. (Amended by Stats. 1995, Ch. 758, Sec. 164. Effective January 1, 1996.)
  69. 87706.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. )

    Verify source ↗

    A community college district, and its officers or employees, are generally not liable for a public school student’s conduct or safety when the student is off school property, with listed exceptions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. ) ## 87706. Notwithstanding any other provision of this code, no community college district, or any officer or employee of such district or board shall be responsible or in any way liable for the conduct or safety of any student of the public schools at any time when such student is not in school property, unless such district has undertaken to provide transportation for such student to and from the school premises, has undertaken a school-sponsored activity off the premises of such school, has otherwise specifically assumed such responsibility or liability or has failed to exercise reasonable care under the circumstances. In the event of such a specific undertaking, the district shall be liable or responsible for the conduct or safety of any student only while such student is or should be under the immediate and direct supervision of an employee of such district or board. (Enacted by Stats. 1976, Ch. 1010.)
  70. 87708.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. )

    Verify source ↗

    A parent, guardian, or other person who assaults or abuses an academic employee in the specified community college settings commits a misdemeanor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. ) ## 87708. (a) Every parent, guardian, or other person who assaults or abuses any academic employee in the presence or hearing of a community college student is guilty of a misdemeanor. (b) Any parent, guardian, or other person who assaults or abuses any academic employee in the presence of other community college personnel or students and at a place which is on community college premises or public sidewalks, streets, or other public ways adjacent to school premises, or at some other place where the employee is required to be in connection with assigned college activities is guilty of a misdemeanor. (Amended by Stats. 1990, Ch. 1302, Sec. 121. Effective September 25, 1990.)
  71. 8771.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may sell, lease, exchange, or otherwise dispose of property in the office, but only with county board approval and using the same procedures required for school district or community college district property.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8771. The county superintendent of schools may, with the approval of the county board of education, sell, lease, exchange, or otherwise dispose of real or personal property, title to which is vested in his or her office, pursuant to the same procedures as are established by law for the sale, lease, exchange, or other disposition of real or personal property by a school district or community college district. Unless otherwise provided in the agreement which authorized the purchase of the real or personal property, the proceeds of any sale, lease, exchange, or other disposition of real or personal property shall be vested in the office of the county superintendent of schools. (Amended by Stats. 1990, Ch. 1372, Sec. 85.)
  72. 87714.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. )

    Verify source ↗

    The chief executive officer of each community college district must provide an affidavit when required by the board of governors stating that the district’s academic employees met the required minimum qualifications during the prior 12 months.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. ) ## 87714. The chief executive officer of each community college district shall, at times as required by the board of governors, provide an affidavit that, during the 12 months preceding the execution of the affidavit, all academic employees of the district possessed the required minimum qualifications for the work they performed. (Amended by Stats. 1990, Ch. 1302, Sec. 122. Effective September 25, 1990.)
  73. 87715.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. )

    Verify source ↗

    Community college districts may not require certain instructors to work weekend-class programs beyond the stated day limits without written consent, and they may not assign Saturday or Sunday services when the instructor objects in writing for religious reasons.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Miscellaneous [87700 - 87715] ( Heading of Article 5 amended by Stats. 1990, Ch. 1302, Sec. 118. ) ## 87715. A full-time contract or regular classroom instructor currently employed by a community college district that decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her written consent, be required to instruct under that program for more than 180 full days during a college year, or for more than the number of full days the colleges of the district were maintained during the year preceding implementation of weekend classes, whichever is greater. This section shall not be construed as limiting the power of any governing board of a community college district to govern the colleges of the district, including the assignment of instructors employed by the district. No such classroom instructor shall be assigned to perform services on a Saturday or Sunday if the instructor objects in writing that the assignment would conflict with his or her religious beliefs or practices. (Amended by Stats. 1995, Ch. 758, Sec. 165. Effective January 1, 1996.)
  74. 8772.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Money received by the county superintendent of schools from property sales or other dispositions must be spent on replacement property or on outdoor science and conservation education programs and classes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8772. All proceeds from the sale, lease, exchange, or other disposition of real or personal property received by the county superintendent of schools pursuant to the provisions of this article shall be used for the purpose of acquiring other real or personal property for use in connection with programs and classes in outdoor science education and conservation education or to pay the cost of conducting such programs and classes. The school districts, community college districts, and private schools participating in such programs and classes shall not be required to reimburse the county superintendent of schools for use of the real or personal property acquired with such funds nor shall they be required to reimburse the county superintendent of schools for any of the costs of conducting such programs and classes which are paid by the county superintendent of schools out of such funds. (Amended by Stats. 1977, Ch. 333.)
  75. 8773.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If no outdoor science or conservation programs are conducted for five consecutive school years, the related property and sale proceeds become part of the county school service fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8773. If during a period of five consecutive school years, no programs and classes in outdoor science education and conservation education are conducted by the county superintendent of schools pursuant to this article, all real and personal property, title to which is vested in the county superintendent of schools, and all proceeds from the sale, lease, exchange, or other disposition of such real and personal property, shall become part of the county school service fund and may be used for any purpose authorized by the laws applicable to the fund, unless the parties otherwise provide in the agreement which authorizes the acquisition of such property. (Enacted by Stats. 1976, Ch. 1010.)
  76. 87730.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    Community college district governing boards must accept an employee’s resignation and set the effective date no later than the end of that school year.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87730. Governing boards of community college districts shall accept the resignation of any employee and shall fix the time when the resignation takes effect, which shall not be later than the close of the school year during which the resignation has been received by the board. (Enacted by Stats. 1976, Ch. 1010.)
  77. 87731.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    If a regular academic employee of a community college district is rehired within 39 months after the last paid day of service, the district board must restore that person to regular employee status with all associated rights, benefits, and burdens, subject to other code provisions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87731. Whenever any academic employee of any community college district who, at the time of his or her resignation, was classified as regular, is reemployed within 39 months after his or her last day of paid service, the governing board of the district shall, disregarding the break in service, classify him or her as, and restore to him or her all of the rights, benefits and burdens of, a regular employee, except as otherwise provided in this code; provided, that time spent in active military service, as defined in Section 87700, subsequent to the last day of paid service shall not count as part of the aforesaid 39-month period. (Amended by Stats. 1990, Ch. 1302, Sec. 124. Effective September 25, 1990.)
  78. 87732.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    Regular and academic employees may be dismissed only for specified causes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87732. No regular employee or academic employee shall be dismissed except for one or more of the following causes: (a) Immoral or unprofessional conduct. (b) Dishonesty. (c) Unsatisfactory performance. (d) Evident unfitness for service. (e) Physical or mental condition that makes him or her unfit to instruct or associate with students. (f) Persistent violation of, or refusal to obey, the school laws of the state or reasonable regulations prescribed for the government of the community colleges by the board of governors or by the governing board of the community college district employing him or her. (g) Conviction of a felony or of any crime involving moral turpitude. (h) Conduct specified in Section 1028 of the Government Code. (Amended by Stats. 1998, Ch. 63, Sec. 2. Effective January 1, 1999.)
  79. 87733.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    A governing board may not receive a faculty fitness report in a dismissal proceeding unless the employee first gets a chance to submit written comments and receives the final report at least 10 days before it is submitted to the board.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87733. No report on the fitness of a faculty member in a dismissal proceeding shall be received from a statewide professional organization by a governing board unless the employee shall have been given, prior to the preparation of the report in its final form, the opportunity to submit in writing his or her comments on the report and unless a copy of the report in final form is given to the employee investigated at least 10 days prior to its submission to the board. The report shall not be distributed other than to the governing board and those persons participating in its preparation unless the employee does not demand a hearing as provided by law. (Amended by Stats. 1990, Ch. 1302, Sec. 126. Effective September 25, 1990.)
  80. 87734.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    A community college district board may not act on charges of unprofessional conduct or unsatisfactory performance unless the employee got written notice at least 90 days before the charge was filed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87734. The governing board of any community college district shall not act upon any charges of unprofessional conduct or unsatisfactory performance unless during the preceding term or half college year prior to the date of the filing of the charge, and at least 90 days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unprofessional conduct or unsatisfactory performance, specifying the nature thereof with specific instances of behavior and with particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 4 (commencing with Section 87660), if applicable to the employee. “Unprofessional conduct” and “unsatisfactory performance,” as used in this section, means, and refers only to, the unprofessional conduct and unsatisfactory performance particularly specified as a cause for dismissal in Section 87732 and does not include any other cause for dismissal specified in Section 87732. (Amended by Stats. 1998, Ch. 63, Sec. 3. Effective January 1, 1999.)
  81. 87735.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    A community college district governing board may immediately suspend a permanent employee on specified written charges and must give notice of the suspension and possible dismissal.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87735. Upon the filing of written charges, duly signed and verified by the person filing them with the governing board of a community college district, or upon a written statement of charges formulated by the governing board, charging a permanent employee of the district with immoral conduct, conviction of a felony or of any crime involving moral turpitude, with incompetency due to mental disability, or with willful refusal to perform regular assignments without reasonable cause, as prescribed by reasonable rules and regulations of the employing district, the governing board may, if it deems such action necessary, immediately suspend the employee from his or her duties and give notice to him or her of his or her suspension, and that 30 days after service of the notice, he or she will be dismissed, unless he or she demands a hearing. (Amended by Stats. 1990, Ch. 1302, Sec. 127. Effective September 25, 1990.)
  82. 87736.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    A district board may place an academic employee on compulsory leave when charged with certain offenses, and salary, bond, dismissal, and reimbursement rules apply.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87736. Whenever any academic employee of a community college district is charged with the commission of any sex offense, as defined in Section 87010, by complaint, information, or indictment filed in a court of competent jurisdiction, the governing board of the district may immediately place the employee upon compulsory leave of absence for a period of time extending for not more than 10 days after the date of the entry of the judgment in the proceedings. The governing board of the district may extend the compulsory leave of absence of the employee beyond such period by giving notice to the employee within 10 days after the entry of judgment in the proceedings that the employee will be dismissed at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in Section 87737. Any employee placed upon compulsory leave of absence pursuant to this section shall continue to be paid his or her regular salary during the period of his or her compulsory leave of absence, if and during such time as the employee furnishes to the community college district a suitable bond, or other security acceptable to the governing board, as a guarantee that the employee will repay to the district the amount of salary so paid to the employee during the period of the compulsory leave of absence in case the employee is convicted of such charges, or fails or refuses to return to service following an acquittal of the offense or dismissal of the charges. If the employee is acquitted of the offense, or the charges against the employee are dismissed, the district shall reimburse the employee for the cost of the bond upon his or her return to service in the district. If the employee does not elect to furnish bond, or other security acceptable to the governing board of the district, and if the employee is acquitted of the offense, or the charges against the employee are dismissed, the district shall pay to the employee his or her full compensation for the period of the compulsory leave of absence upon his or her return to service in the district. Whenever any academic employee of a community college district is charged with the commission of any narcotics offense as defined, in Section 87011 of the Education Code, or a violation of Section 261.5 of the Penal Code, Sections 11357 to 11361, inclusive, 11363, 11364, or 11377 to 11382, inclusive, insofar as such sections relate to any controlled substances in paragraph (4) or (5) of subdivision (b) of Section 11056, or any controlled substances in subdivision (d) of Section 11054, except paragraphs (10), (11), (12), and (17) of such subdivision, of the Health and Safety Code, by complaint, information, or indictment filed in a court of competent jurisdiction, the governing board of the district may immediately place the employee upon compulsory leave in accordance with the procedure in this section. (Amended by Stats. 1990, Ch. 1302, Sec. 128. Effective September 25, 1990.)
  83. 87737.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    A dismissal notice must be written and served on the employee personally or by registered mail, with copies of the charges and Section 87736 attached.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87737. The notice of suspension and intention to dismiss, shall be in writing and be served upon the employee personally or by United States registered mail addressed to the employee at his or her last known address. A copy of the charges filed, together with a copy of the provisions of Section 87736, shall be attached to the notice. If the employee demands a hearing within 30 days, the matter shall proceed to arbitration or hearing, as the case may be, as specified in Article 4. If the employee does not demand a hearing within the 30-day period, his or her dismissal shall be effective upon the expiration of 30 days after service of the notice. (Amended by Stats. 1990, Ch. 1302, Sec. 129. Effective September 25, 1990.)
  84. 8774.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Residential outdoor science programs can qualify for funding if they meet specified program and certification conditions, and the Superintendent must apportion funds for eligible participating pupils when funds are appropriated.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Environmental Education [8700 - 8774] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Outdoor Science, Conservation, and Forestry [8760 - 8774] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 8774. (a) A residential outdoor science program shall be eligible for funding pursuant to this section if it meets both of the following conditions: (1) It is operated by a school district or county office of education pursuant to this article. (2) It meets the standards of the Residential Outdoor Science School (ROSS) Guide and maintains current department ROSS certification. (b) An eligible residential outdoor science program may claim apportionment for any pupil who meets all of the following conditions: (1) The pupil is enrolled in a California public school. (2) The pupil is enrolled in grade 5 or 6. (3) The applicant has not previously received funding for the pupil pursuant to this section. (4) The pupil participates in a minimum four-day and three-night program. (5) The pupil is economically disadvantaged and meets the criteria of Section 49552. (c) The Superintendent shall, subject to appropriation of funds for this purpose, apportion to each school district or county office of education that operates a residential outdoor science program pursuant to this article an amount equal to ten dollars ($10) per eligible participating pupil, multiplied by the total number of days of participation, up to a maximum of five days. (Amended by Stats. 2008, Ch. 179, Sec. 40. Effective January 1, 2009.)
  85. 87740.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. )

    Verify source ↗

    This section sets notice, hearing, confidentiality, and timing rules for ending a contract employee’s service and deciding whether to reemploy them.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Termination of Services and Reduction in Force [87730 - 87740] ( Heading of Article 6 amended by Stats. 1990, Ch. 1302, Sec. 123. ) ## 87740. (a) No later than March 15 and before an employee is given notice by the governing board that his or her services will not be required for the ensuing year, the governing board and the employee shall be given written notice by the superintendent of the district or his or her designee, or in the case of a district which has no superintendent by the clerk or secretary of the governing board, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. If a contract employee has been in the employ of the district for less than 45 days on March 15, the giving of the notice may be deferred until the 45th day of employment and all time periods and deadline dates prescribed in this subdivision shall be coextensively extended. Until the employee has requested a hearing as provided in subdivision (b) or has waived his or her right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (b) The employee may request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice pursuant to subdivision (a), on or before a date specified in that subdivision, which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, this failure to do so shall constitute waiver of his or her right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) In the event a hearing is requested by the employee, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board shall have all the power granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file his or her notice of defense, if any, within five days after service upon him or her of the accusation and he or she shall be notified of this five-day period for filing the accusation. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if request is made therefor within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the colleges and the students thereof. The proposed decision shall be prepared for the governing board and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board or on any court in future litigation. Copies of the proposed decision shall be submitted to the governing board and to the employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board from the district funds. The board may adopt, from time to time, rules and procedures not inconsistent with this section that may be necessary to effectuate this section. (d) The governing board’s determination not to reemploy a contract employee for the ensuing college year shall be for cause only. The determination of the governing board as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the colleges and the students thereof and provided that cause shall include termination of services for the reasons specified in Section 87743. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced. (e) Notice to the contract employee by the governing board that the employee’s service will not be required for the ensuing year shall be given no later than May 15. (f) If a governing board notifies a contract employee that his or her services will not be required for the ensuing year, the board, within 10 days after delivery to it of the employee’s written request, shall provide him or her with a statement of its reasons for not reemploying him or her for the ensuing college year. (g) Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid and addressed to the last known address of the employee. (h) If the governing board does not give notice provided for in subdivision (e) on or before May 15, the employee shall be deemed reemployed for the ensuing school year. (i) If, after request for hearing pursuant to subdivision (b), any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (c), (d), (e) and (h) that occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance. (Amended by Stats. 1995, Ch. 758, Sec. 168. Effective January 1, 1996.)
  86. 87743.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    A district board may reduce staff for specified attendance or service-reduction reasons, but must give notice by May 15 and follow seniority-based rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87743. No tenured employee shall be deprived of his or her position for causes other than those specified in Sections 87453, 87467, and 87484, and Sections 87732 to 87739, inclusive, and no probationary employee shall be deprived of his or her position for cause other than as specified in Section 87740 except in accordance with the provisions of Section 87463 and Sections 87743 to 87762, inclusive. Whenever in any school year the average daily attendance in all of the schools of a district for the first six months in which school is in session shall have declined below the corresponding period of either of the previous two school years, or whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, and when in the opinion of the governing board of the district it shall have become necessary by reason of either of these conditions to decrease the number of tenured employees in the district, the governing board may terminate the services of not more than a corresponding percentage of the employees of the district, tenured as well as probationary, at the close of the school year. However, the services of no tenured employee may be terminated under this section while any probationary employee, or any other employee with less seniority, is retained to render a service in a faculty service area in which the records of the district maintained pursuant to Section 87743.4 reflect that the tenured employee possesses the minimum qualifications prescribed by the board of governors and is competent to serve under district competency criteria. Notice of the termination of services either for a reduction in attendance or reduction or discontinuance of a particular kind of service to take effect not later than the beginning of the following school year, shall be given before the 15th of May in the manner prescribed in Section 87740 and services of the employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with Sections 87413 and 87414. In the event that a tenured or probationary employee is not given the notices and a right to a hearing as provided for in Section 87740, he or she shall be deemed reemployed for the ensuing school year. The board shall make assignments and reassignments in a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render. (Amended by Stats. 1988, Ch. 973, Sec. 51.5. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
  87. 87743.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    This section defines “faculty service area” for community college districts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87743.1. As used in this chapter, “faculty service area” means a service or instructional subject area or group of related services or instructional subject areas performed by faculty and established by a community college district. (Added by Stats. 1988, Ch. 973, Sec. 52. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
  88. 87743.2.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    Each community college district must establish faculty service areas by July 1, 1990, and the exclusive representative must consult with the academic senate when developing proposals.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87743.2. Not later than July 1, 1990, each community college district shall establish faculty service areas. The establishment of faculty service areas shall be within the scope of meeting and negotiating pursuant to Section 3543.2 of the Government Code. The exclusive representative shall consult with the academic senate in developing its proposals. (Added by Stats. 1988, Ch. 973, Sec. 53. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
  89. 87743.3.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    Faculty members must qualify for one or more faculty service areas when they start employment, may apply later to add service areas, and applications must be received by February 15 to be considered that academic year.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87743.3. Each faculty member shall qualify for one or more faculty service areas at the time of initial employment. A faculty member shall be eligible for qualification in any faculty service area in which the faculty member has met both minimum qualifications pursuant to Section 87356 and district competency standards. After initial employment, a faculty member may apply to the district to add faculty service areas for which the faculty member qualifies. The application shall be received by the district on or before February 15 in order to be considered in any proceeding pursuant to Section 87743 during the academic year in which the application is received. Any dispute arising from an allegation that a faculty member has been improperly denied a faculty service area shall be classified and procedurally addressed as a grievance. If the district has no grievance procedure, fair and equitable procedures for the resolution of the disputes shall be developed by the academic senate and representatives of the governing board. (Added by Stats. 1988, Ch. 973, Sec. 54. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
  90. 87743.4.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    Each district must keep a permanent record for each faculty member covering qualifying faculty service areas, and place that record in the faculty member’s personnel file.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87743.4. Each district shall maintain a permanent record for each faculty member employed by the district of each faculty service area for which the faculty member possesses the minimum qualifications for service and in which he or she has established competency pursuant to district competency standards. The record shall be contained in the faculty member’s personnel file. (Added by Stats. 1988, Ch. 973, Sec. 55. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
  91. 87743.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    Each community college district must establish competency criteria for faculty members by July 1, 1990.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87743.5. To determine competency to serve in a faculty service area for the purposes of Section 87743, each community college district shall, not later than July 1, 1990, establish competency criteria for faculty members employed by the district. The development and establishment of such competency criteria shall be within the scope of meeting and negotiating pursuant to Section 3543 of the Government Code. (Added by Stats. 1988, Ch. 973, Sec. 56. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
  92. 87744.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    A terminated regular employee has recall and related retirement rights for a limited period.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87744. Any regular employee whose services have been terminated, as provided in Section 87743, shall have the following rights: (a) For the period of 39 months from the date of the termination, any employee who in the meantime has not attained the age of 70 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with Sections 87405 to 87424, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. However, no contract or other employee with less seniority shall be employed to render a service for which the employee meets minimum qualifications and is competent to render. (b) The right to reappointment may be waived by the employee, without prejudice, for not more than one college year, unless the board extends this right, but such a waiver shall not deprive the employee of his or her right to subsequent offers of reappointment. (c) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by that termination, but the period of his or her absence shall not count as a part of the service required for retirement. (d) During the period of his or her preferred right to reappointment, the employee, in the order of original employment, shall be offered prior opportunity for temporary service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty. However, his or her services may be terminated upon the return to duty of the other employee, the compensation he or she receives shall be not less than the amount he or she would receive if he or she were being reappointed, and that the temporary service shall not affect the retention of his or her previous classification and rights. (e) At any time prior to the completion of one year after his or her return to service, he or she may continue or make up, with interest, his or her own contributions to any state or district retirement system, for the period of his or her absence, but it shall not be obligatory on a district to match these contributions. (f) If the employee becomes disabled or reaches retirement age at any time before his or her return to service, he or she shall receive, in any state or district retirement system of which he or she was a member, all benefits to which he or she would have been entitled had the event occurred at the time of his or her termination of service, plus any benefits he or she may have qualified for thereafter, as though still employed. (Amended by Stats. 1995, Ch. 758, Sec. 169. Effective January 1, 1996.)
  93. 87745.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    A terminated contract employee may have a preferred right to reappointment for 24 months, with related seniority, temporary-service, and retirement provisions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87745. Any contract employee whose services have been terminated as provided in Section 87743 shall have the following rights: (a) For the period of 24 months from the date of the termination, any employee who in the meantime has not attained the age of 70 years shall have the preferred right to reappointment, subject to the prior rights to reappointment by all regular employees as set forth in Section 87744, in the order of original employment as determined by the governing board in accordance with Sections 87405 to 87424, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. However, no contract or temporary employee with less seniority shall be employed to render a service for which the employee meets minimum qualifications and is competent to render. (b) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by the termination. However, the period of his or her absence shall not be counted as a part of the service required for attaining regular status in the district or, except as provided in subdivision (c), for retirement purposes. (c) During the period of his or her preferred right to reappointment, the employee, in the order of original employment and subject to the rights of regular employees as set forth in Section 87744, shall be offered prior opportunity for temporary service during the absence of any other employee who has been granted leave of absence or who is temporarily absent from duty. However, his or her services may be terminated upon a return to duty of the other employee, such temporary service shall not affect the retention of his or her previous classification and rights. (d) At any time prior to the completion of one year after his or her return to service, an employee reappointed under this section may elect to continue or to reinstate his or her membership and interest in any state or district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of such an election, the employee shall pay into the retirement system the amount of his or her share of contribution and the district’s share of contribution attributable to the period of absence and the amount of any contributions withdrawn, plus interest. (Amended by Stats. 1995, Ch. 758, Sec. 170. Effective January 1, 1996.)
  94. 87746.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. )

    Verify source ↗

    Certain reemployed contract employees keep service continuity and gain regular-employee rights, with some limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Reduction in Services [87743 - 87746] ( Heading of Article 6.5 added by Stats. 1981, Ch. 470, Sec. 387. ) ## 87746. If the services of any contract employee are terminated, or if such an employee is dismissed, because of a reduction in the attendance of students or the discontinuance of a particular kind of service, and the employee is reemployed within a period of 39 months from the last day of the college year within which his or her service was so terminated, or within 39 months after the cessation of hostilities, if the reduction in attendance or discontinuance of service was due to war conditions, the period of the employee’s absence shall not count as a part of the service required as a condition precedent to the classification of the employee as a regular employee of the district, but the absence shall not be construed as a break in the continuity of the service of the employee. Every contract employee who has been reemployed as indicated in this section shall have all of the rights enumerated in Section 87463 and Sections 87743 to 87762, inclusive, for regular employees, except the right of reappointment, subject only to the prior rights of regular employees. (Amended by Stats. 1995, Ch. 758, Sec. 171. Effective January 1, 1996.)
  95. 87762.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    For employee-rights purposes in Section 87746, “war” has the meaning given in Section 22804.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87762. In specifying or defining the rights of employees in Section 87746, “war” means “war” as defined in Section 22804. (Amended by Stats. 1995, Ch. 758, Sec. 172. Effective January 1, 1996.)
  96. 87763.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Community college district governing boards may grant leaves of absence to employees in academic positions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87763. Governing boards of community college districts may grant leaves of absence to persons employed in academic positions. (Amended by Stats. 1990, Ch. 1302, Sec. 136. Effective September 25, 1990.)
  97. 87764.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district governing board may grant academic employees leaves of absence, with or without pay, for other purposes or longer or different periods, as long as it does not take away leave employees are entitled to by law.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87764. When any provision of this code expressly authorizes or requires the governing board of a community college district to grant a leave of absence for any purpose or for any period of time to persons employed in academic positions, that express authorization or requirement does not deprive the governing board of the power to grant leaves of absence with or without pay to those employees for other purposes or for other periods of time, so long as the governing board does not deprive any employee of any leave of absence to which he or she is entitled by law. (Amended by Stats. 1995, Ch. 758, Sec. 173. Effective January 1, 1996.)
  98. 87765.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district governing board may give leave of absence, and may also pay compensation during that leave, for academic employees absent because of accident, illness, or quarantine.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87765. The governing board of a community college district may provide for the leave of absence from duty and may grant compensation during the leave of absence to any employee of the district who is employed in an academic position and who is compelled to absent himself or herself from his or her duties because of accident or illness, whether or not the cause of absence arises out of and in the course of the employment of the employee, or because of quarantine which results from his or her contact with other persons having a contagious disease while performing his or her duties, or because of temporary inability to perform the services required of him or her because of illness, accident, or quarantine. (Amended by Stats. 1990, Ch. 1302, Sec. 138. Effective September 25, 1990.)
  99. 87766.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Community college district boards must provide leave from duty for academic employees absent because of pregnancy, miscarriage, childbirth, or recovery.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87766. The governing board of a community college district shall provide for leave of absence from duty for any academic employee of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee’s physician. Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by any school district. Except as provided herein, written and unwritten employment policies and practices of a community college district shall be applied to disability due to pregnancy or childbirth on the same terms and conditions applied to other temporary disabilities. This section shall be construed as requiring the governing board of a community college district to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth be treated the same as leaves for illness, injury, or disability. (Amended by Stats. 1990, Ch. 1302, Sec. 139. Effective September 25, 1990.)
  100. 87767.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district governing board may grant an academic employee a leave of absence for study or travel that benefits the district’s schools and students.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87767. The governing board of a community college district may grant any employee of the district employed in an academic position, a leave of absence not to exceed one year for the purpose of permitting study or travel by the employee which will benefit the schools and students of the district. The governing board may provide that such a leave of absence be taken in separate six-month periods or separate quarters rather than for a continuous one-year period, provided that the leave of absence for both of the separate six-month periods or any or all quarters shall be commenced and completed within a three-year period. Any period of service by the individual intervening between the two separate six-month periods or separate quarters of the leave of absence shall comprise a part of the service required for a subsequent leave of absence. (Amended by Stats. 1990, Ch. 1302, Sec. 140. Effective September 25, 1990.)
  101. 87768.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district governing board may grant an academic employee a leave of absence after at least six consecutive years of service, with no more than one leave in each six-year period.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87768. Notwithstanding any other provision of this code, the governing board of any community college district may grant a leave of absence under Section 87767 to any academic employee who has rendered service to the district for at least six consecutive years preceding the granting of the leave, but not more than one such leave of absence shall be granted in each six-year period. The governing board granting the leave of absence may prescribe the standards of service which shall entitle the employee to the leave of absence. No absence from the service of the district under a leave of absence, other than a leave of absence granted pursuant to Section 87767, granted by the governing board of the district shall be deemed a break in the continuity of service required by this section, and the period of the absence shall not be included as service in computing the six consecutive years of service required by this section. Service under a national recognized fellowship or foundation approved by the board of governors, for a period of not more than one year, for research, teaching or lecturing shall not be deemed a break in continuity of service, and the period of the absence shall be included in computing the six consecutive years of service required by this section. (Amended by Stats. 1990, Ch. 1302, Sec. 141. Effective September 25, 1990.)
  102. 87768.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district board must grant unpaid? no—paid leave to an employee who requests it to serve as an elected officer of certain public employee organizations, and the district and employee organization have reimbursement and retirement-related payment duties.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87768.5. (a) (1) The governing board of a community college district shall grant to any employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of any local community college district public employee organization, or of any statewide or national public employee organization with which the local organization is affiliated. (2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the community college district as employer. The required employer contribution rate shall be the rate adopted by the Teachers’ Retirement Board as a plan amendment with respect to the Defined Benefit Program as provided in Section 22711. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by Section 22711. Any employee who serves as a full-time officer of a public employee organization shall not be eligible for disability benefits under the State Teachers’ Retirement System while on the leave of absence. (3) Following the community college district’s payment of the employee for the leave of absence, the community college district shall be reimbursed by the employee organization of which the employee is an elected officer for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the community college district’s certification of payment of compensation to the employee. (4) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (b) (1) An employee who after August 31, 1978, was absent on account of elected-officer service, shall receive full service credit in the State Teachers’ Retirement Plan, provided that both of the following conditions are met: (A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service. (B) The employee organization of which the member is an elected officer pays to the member’s employer an amount equal to the required State Teachers’ Retirement Plan member and employer retirement contributions, including regular interest on the balance of contributions due to the State Teachers’ Retirement System, calculated from the date the contributions would have been due when the elected-officer service was performed to the date payment is received by the State Teachers’ Retirement System, compounded daily based on the regular interest rate in effect the day the payment is received by the State Teachers’ Retirement System, as prescribed by this section. (2) The community college district, following this written request and payment, shall transmit the amount received to the State Teachers’ Retirement System, informing it of the period of the employee’s leave of absence. The State Teachers’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence. (3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation. (c) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1978. (Amended by Stats. 2021, Ch. 539, Sec. 4. (SB 294) Effective January 1, 2022.)
  103. 87769.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    An employee on authorized leave may be required to work during the leave if both sides agree in writing, and must be paid at least the salary difference rule stated in the section.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87769. Every employee granted a leave of absence pursuant to Section 87767 may be required to perform such services during the leave as the governing board of the district and the employee may agree upon in writing, and the employee shall receive such compensation during the period of the leave as the governing board and the employee may agree upon in writing, which compensation shall be not less than the difference between the salary of the employee on leave and the salary of a substitute employee in the position which the employee held prior to the granting of the leave. However, in lieu of such difference, the board may pay one-half of the salary of the employee on leave or any additional amount up to and including the full salary of the employee on leave. (Enacted by Stats. 1976, Ch. 1010.)
  104. 87769.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    An employee on an eligible leave may agree in writing with the community college district’s governing board to forgo compensation during the leave.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87769.5. An employee granted a leave of absence pursuant to Section 87767 or 87768 may agree in writing with the governing board of the community college district not to receive compensation during the period of the leave. (Enacted by Stats. 1976, Ch. 1010.)
  105. 87770.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    An employee who gets this leave must agree in writing to work for the district for twice the leave period after returning.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87770. Every employee, as a condition to being granted a leave of absence pursuant to Section 87767, shall agree in writing to render a period of service in the employ of the governing board of the district following his or her return from the leave of absence which is equal to twice the period of the leave. Compensation granted by the governing board to the employee on leave for less than one year may be paid during the first year of service rendered in the employ of the governing board following the return of the employee from the leave of absence or, in the event that the leave is for a period of one year, the compensation may be paid in two equal annual installments during the first two years of service following the return of the employee. The compensation shall be paid the employee while on the leave of absence in the same manner as if the employee were teaching in the district, upon the furnishing by the employee of a suitable bond indemnifying the governing board of the district against loss in the event that the employee fails to render the agreed upon period of service in the employ of the governing board following the return of the employee from the leave of absence. The bond shall be exonerated in event the failure of the employee to return and render the agreed upon period of service is caused by the death or physical or mental disability of the employee. If the governing board finds, and by resolution declares, that the interests of the district will be protected by the written agreement of the employee to return to the service of the district and render the agreed upon period of service therein following his or her return from the leave, the governing board may waive the furnishing of the bond and pay the employee on leave in the same manner as though a bond is furnished. (Amended by Stats. 1995, Ch. 758, Sec. 175. Effective January 1, 1996.)
  106. 87771.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    If an employee does not work the full agreed service period, the leave compensation is reduced proportionally. If an indemnity bond was provided and there is a default, the bond proceeds are split proportionally between the employee and the community college district.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87771. If the employee does not serve for the entire period of service agreed upon under Section 87770, the amount of compensation paid for the leave of absence shall be reduced by an amount which bears the same proportion to the total compensation as the amount of time which was not served bears to the total amount of time agreed upon. If the employee furnished an indemnity bond, upon default, the proceeds of the bond shall be divided between the employee and the community college district in the same proportion as the actual amount of time served bears to the amount of time agreed upon. (Enacted by Stats. 1976, Ch. 1010.)
  107. 87774.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    When an employee’s leave ends, the employee must be put back into the same position they held when the leave began, unless the employee agrees otherwise.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87774. At the expiration of the leave of absence of the employee, the employee, unless he or she otherwise agrees, shall be reinstated in the position held by him or her at the time of the granting of the leave of absence. (Amended by Stats. 1995, Ch. 758, Sec. 178. Effective January 1, 1996.)
  108. 87775.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district board and the district are freed from liability for compensation or damages for an employee’s death or injury in an academic position when it happens during certain leave of absence.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87775. Both the governing board of a community college district and the district shall be freed from any liability for the payment of any compensation or damages provided by law for the death or injury of any employee of the district employed in an academic position when the death or injury occurs while the employee is on any leave of absence granted under the provisions of Sections 87763 to 87779, inclusive. (Amended by Stats. 1990, Ch. 1302, Sec. 144. Effective September 25, 1990.)
  109. 87776.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Unpaid leave time does not count toward the service needed for tenure eligibility, and a granted leave for a contract employee is not treated as breaking continuity of service for tenure classification.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87776. No leave of absence when granted to a contract employee shall be construed as a break in the continuity of service required for the classification of the employee as tenure. However, time spent on any unpaid leave of absence shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, tenure. (Amended by Stats. 1990, Ch. 1302, Sec. 145. Effective September 25, 1990.)
  110. 87777.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Certain high school district employees who move to a community college district keep their accumulated leave rights, and the district must recognize and grant those rights.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87777. Whenever any permanent or probationary employee of a high school district is employed by a community college district pursuant to Section 87462 or 87464 such employee shall be entitled to retain all sickness and injury, sabbatical and other leave rights accumulated by service prior to such employment and the district shall recognize and grant such rights, including any accumulated rights allowed by the governing board of the high school district, as fully as if there was no change in the community college district. (Enacted by Stats. 1976, Ch. 1010.)
  111. 87779.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    When a community college or other place of employment is transferred between districts, transferring academic employees keep their accumulated leave rights.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87779. When a community college or other place of employment shall have been transferred from one district to another, any academic employees who transfer with the school or other place of employment shall be entitled to retain all sickness and injury, sabbatical and other leave rights accumulated by service prior to the transfer and the district to which the school or other place of employment has been transferred shall recognize or grant those rights, including any accumulated rights allowed by the governing board of the district from which the school or other place of employment was transferred, as fully as if there had been no change in the district maintaining the school or other place of employment. (Amended by Stats. 1990, Ch. 1302, Sec. 146. Effective September 25, 1990.)
  112. 87780.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    This section limits salary deductions for academic employees absent because of illness or accident and requires districts and governing boards to manage temporary-employee pay rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87780. When a person employed in an academic position is absent from his or her duties on account of illness or accident for a period of five school months or less, whether or not the absence arises out of or in the course of the employment of the employee, the amount deducted from the salary due the employee for any month in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. The community college district shall make every reasonable effort to secure the services of a temporary employee. The governing board of every community college district shall adopt a salary schedule for temporary employees. The salary schedule shall indicate a salary for a temporary employee for all categories or classes of academic employees of the district. Except in a district where the governing board has adopted a salary schedule for temporary employees of the district, the amount paid the temporary employee during any month shall be less than the salary due the employee absent from his or her duties. When a person employed in an academic position is absent from his or her duties on account of illness for a period of more than five school months, or when a person is absent from his or her duties for a cause other than illness, the amount deducted from the salary due the person for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. These rules and regulations shall not conflict with rules and regulations of the board of governors. Nothing in this section shall be construed to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for academic employees. This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Amended by Stats. 1995, Ch. 758, Sec. 180. Effective January 1, 1996.)
  113. 87780.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Academic employees may use sick leave for parental leave, up to 12 workweeks, and the section limits repeated and aggregate leave use.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87780.1. (a) (1) Notwithstanding any other law, during each school year, a person employed in an academic position may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In community college districts that use the differential pay system described in Section 87780, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a temporary employee employed to fill his or her position during his or her absence or, if no temporary employee was employed, the amount that would have been paid to the temporary employee had he or she been employed. (3) In community college districts that use the differential pay system described in Section 87786, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of differential pay system used by the community college district pursuant to paragraphs (2) and (3), the compensation a person employed in an academic position shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing community college district. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a person employed in an academic position is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (Amended by Stats. 2018, Ch. 994, Sec. 3. (AB 2012) Effective January 1, 2019.)
  114. 87781.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Academic employees in community college districts get paid illness or injury leave, with amounts based on their weekly schedule, and governing boards must set non-discriminatory proof rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87781. (a) (1) Every academic employee employed five days a week by a community college district shall be entitled to 10 days’ leave of absence for illness or injury and any additional days in addition thereto that the governing board may allow for illness or injury, exclusive of all days he or she is not required to render service to the district, with full pay for a college year of service. (2) An employee employed for less than five schooldays a week shall be entitled, for a college year of service, to that proportion of 10 days’ leave of absence for illness or injury as the number of days he or she is employed per week bears to five, and is entitled to those additional days in addition thereto as the governing board may allow for illness or injury to academic employees employed for less than five schooldays per week. Pay for any day of those absences shall be the same as the pay that would have been received had the employee served during the day. (b) Credit for leave of absence need not be accrued prior to taking leave by the employee, and the leave of absence may be taken at any time during the college year. If the employee does not take the full amount of leave allowed in any school year under this section, the amount not taken shall be accumulated from year to year with additional days as the governing board may allow. (c) The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section. These rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized church or denomination. (d) Nothing in this section shall be deemed to modify or repeal any provision in Chapter 3 (commencing with Section 120175) of Part 1 of Division 105 of the Health and Safety Code. (e) Section 87780 does not apply to the first 10 days of absence on account of illness or accident of any employee employed five days per week or to the proportion of 10 days of absence to which the employee employed less than five days per week is entitled hereunder on account of illness or accident or to additional days granted by the governing board. Any employee shall have the right to utilize sick leave provided for in this section and the benefit provided by Section 87780 for absences necessitated by pregnancy, miscarriage, childbirth, and recovery therefrom. (Amended by Stats. 2005, Ch. 654, Sec. 41. Effective October 7, 2005.)
  115. 87781.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district board may adopt rules allowing academic employees to use certain earned leave for compelling personal importance, but the combined leave used under this section and Section 87784 cannot exceed six days in a single school year.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87781.5. The governing board of a community college district may adopt rules permitting academic employees of the district to use leave earned pursuant to Section 87781 in cases of compelling personal importance. Leave taken pursuant to this section, together with any leave taken pursuant to Section 87784, shall not exceed six days in any single school year. (Amended by Stats. 1990, Ch. 1302, Sec. 149. Effective September 25, 1990.)
  116. 87782.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Eligible academic employees may transfer accumulated illness or injury leave when moving to another district, and districts must not require them to waive that leave.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87782. (a) An academic employee of a community college district who has been an employee of that district for a period of one school year or more shall have transferred with the employee to a second district the total amount of leave of absence for illness or injury to which the employee is entitled under Section 87781. (b) The board of governors shall adopt rules and regulations prescribing the manner in which the first district shall certify to the second district the total amount of leave of absence for illness or injury to be transferred. No governing board shall adopt any policy or rule, written or unwritten, that requires any employee transferring to its district to waive any part or all of the leave of absence that the employee may be entitled to have transferred in accordance with this section. (Amended by Stats. 2019, Ch. 100, Sec. 1. (AB 706) Effective January 1, 2020.)
  117. 87783.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Certain covered employees may carry accumulated illness-and-injury leave to a new qualifying position, and the transferred leave amount is calculated under Section 87782.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87783. (a) The accumulated leave of absences for illness and injury of each of the following persons shall be transferred with them to their second position: (1) Any academic employee of a community college district who accepts a position requiring certification qualifications in the office of any county superintendent of schools. (2) Any certificated employee of any county superintendent of schools who accepts an academic position in a community college district or office of another county superintendent of schools. (3) Any person employed by the board of governors in a position requiring certification qualifications or an employee of the office of the Chancellor of the California Community Colleges who accepts an academic position in a community college district or a position requiring certification qualifications in the office of any county superintendent of schools. (4) Any certificated employee of the Commission on Teacher Credentialing who accepts an academic position in any community college district. (b) The amount of leave to be transferred pursuant to this section shall be determined in the same manner as provided in Section 87782. All other provisions of Section 87782 shall also apply to the employees and employers described in this section. (Amended by Stats. 2024, Ch. 471, Sec. 27. (SB 1329) Effective January 1, 2025.)
  118. 87784.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Employees may use certain illness-or-injury leave for personal necessity, and they do not need advance permission for leave taken for specified family death, illness, or accident reasons. District governing boards must adopt rules on proof of personal necessity, and no more than six accumulated days may be used for these purposes in a school year.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87784. Any days of leave of absence for illness or injury allowed pursuant to Section 87781 may be used by the employee, at his election, in cases of personal necessity. The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section. The employee shall not be required to secure advance permission for leave taken for any of the following reasons: (a) Death or serious illness of a member of his immediate family. (b) Accident, involving his person or property, or the person or property of a member of his immediate family. No such accumulated leave in excess of six (6) days may be used in any school year for the purposes enumerated in this section. (Enacted by Stats. 1976, Ch. 1010.)
  119. 87784.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Academic employees may take up to 30 days of leave in a school year, and biological or nonbiological parents may use the leave in the specified first-year situations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87784.5. (a) An academic employee may take up to 30 days of leave in a school year, less any days of leave authorized pursuant to Sections 87781.5 and 87784, in either of the following circumstances: (1) A biological parent may use leave pursuant to this section within the first year of his or her infant’s birth. (2) A nonbiological parent may use leave pursuant to this section within the first year of legally adopting a child. (b) If the provisions of this section are in conflict with the terms of a collective bargaining agreement in effect before January 1, 2015, the provisions of this section do not apply to the public employer and public employees subject to that agreement until the expiration or renewal of the agreement. (Amended by Stats. 2015, Ch. 303, Sec. 132. (AB 731) Effective January 1, 2016.)
  120. 87785.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A qualifying community college district academic employee who moves to a permanent professional education job in the chancellor’s office keeps accumulated sick leave, subject to the Section 87782 method and a cap.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87785. Any person employed by a community college district, in an academic position who accepts a professional education position in the chancellor’s office of the California community colleges, the appointment to which is, or is intended to become, permanent, shall have transferred with him or her to the chancellor’s office of the California community colleges his accumulated leave of absence for illness or injury. The amount of leave to be transferred shall be determined in the same manner as provided in Section 87782, except in no case may the transferred accumulated sick leave exceed that amount of accumulated sick leave that the person would have earned as an employee in the system to which he or she is transferring. All other provisions of Section 87782 shall also apply to the employees and employers described in this section. (Amended by Stats. 1990, Ch. 1302, Sec. 152. Effective September 25, 1990.)
  121. 87786.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district may adopt a rule giving academic employees 50% or more regular salary during illness or accident leave up to five school months, and salary deductions for longer illness absences or non-illness absences must follow the district governing board’s rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87786. Section 87780 shall not apply to any community college district which adopts and maintains in effect a rule that provides that when a person employed in an academic position is absent from their duties on account of illness or accident for a period of five school months or less whether or not the absence arises out of or in the course of the employment of the employee, the employee shall receive 50 percent or more of their regular salary during the period of the absence and nothing in Section 87780 shall be construed as preventing the governing board of any district from adopting any such rule. Notwithstanding the foregoing, when a person employed in an academic position is absent from their duties on account of illness for a period of more than five school months, or when a person is absent from their duties for a cause other than illness, the amount deducted from the salary due the employee for the month in which the absence occurs shall be determined according to the rules and regulations established by the governing board of the district. These rules and regulations shall not conflict with rules and regulations of the board of governors. Nothing in this section shall be construed so as to deprive any district, city, or city and county of the right to make any reasonable rule for the regulation of accident or sick leave or cumulative accident or sick leave without loss of salary for academic employees. This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing district. (Amended by Stats. 2020, Ch. 129, Sec. 3. (AB 3374) Effective January 1, 2021.)
  122. 87787.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    Community college district governing boards must adopt rules for industrial accident and illness leave for academic employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87787. (a) The governing board of a community college district shall provide by rules and regulations for industrial accident and illness leaves of absence for all academic employees. The governing board of a community college district that is created or whose boundaries or status is changed by an action to organize or reorganize community college districts completed after January 1, 1976, shall provide by rules and regulations for those leaves of absence on or before the date on which the organization or reorganization of the community college district becomes effective. (b) The rules or regulations shall include all of the following provisions: (1) Allowable leave shall be for not less than 60 days during which the community colleges of the district are required to be in session or when the employee would otherwise have been performing work for the community college district in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulated from year to year. (3) Industrial accident or illness leave shall commence on the first day of absence. (4) (A) When an academic employee is absent from his or her duties on account of an industrial accident or illness, the employee shall be paid the portion of the salary due him or her for any month in which the absence occurs as, when added to his or her temporary disability indemnity under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to the employee of not more than his or her full salary. (B) The phrase “full salary,” as used in this subdivision, shall be computed so that it shall not be less than the employee’s “average weekly earnings” as that phrase is used in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable. (5) Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award. (6) When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury. (c) Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in Sections 87780, 87781, and 87786, and, for purposes of each of these sections, his or her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave. However, if the employee continues to receive temporary disability indemnity, he or she may elect to take as much of his or her accumulated sick leave as, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary. (d) The governing board of a community college district, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate. (e) During a paid leave of absence, the employee may endorse to the community college district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The community college district, in turn, shall issue the employee appropriate salary warrants for payment of the employee’s salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by the salary warrants. (f) In the absence of rules and regulations adopted by the governing board of a community college district pursuant to this section, an employee shall be entitled to industrial accident or illness leave as provided in this section but without limitation as to the number of days of leave. (Amended by Stats. 2016, Ch. 86, Sec. 74. (SB 1171) Effective January 1, 2017.)
  123. 87788.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    An academic employee of a community college district is entitled to paid leave of absence for the death of an immediate family member, with a limit of three days or five days if out-of-state travel is required.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87788. Every person employed by a community college district in an academic position is entitled to a leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his or her immediate family. No deduction shall be made from the salary of the employee or shall the leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee. (Amended by Stats. 1990, Ch. 1302, Sec. 155. Effective September 25, 1990.)
  124. 87789.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district board may grant disability-related leave to an academic employee, and must extend it if the employee is found eligible, subject to the stated time limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87789. The governing board of a community college district may grant a leave of absence to any academic employee who has applied for disability allowance, not to exceed 30 days beyond final determination of the disability allowance by the State Teachers’ Retirement System. If the employee is determined to be eligible for the disability allowance by the system, the leave shall be extended for the term of disability, but not more than 39 months. Governing boards of community college districts shall classify as temporary employees those persons employed to fill vacancies caused by the absence of academic employees who are classified as permanent and are receiving a disability or insurance allowance or benefit from the system or from a group insurance plan for which the employer is paying the cost or deducting the cost from the employees’ salaries. For purposes of this section, the term of employment of the temporary employee shall be equal to the number of days of absence of the employee receiving the disability allowance. If the term of employment extends beyond this period, the employee shall be credited for all days served as a probationary employee. (Amended by Stats. 1990, Ch. 1302, Sec. 156. Effective September 25, 1990.)
  125. 87790.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. )

    Verify source ↗

    A community college district governing body may adopt a workload balancing program for academic employees that banks extra work time and later grants equivalent paid leave.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Leaves of Absence [87762 - 87790] ( Heading of Article 7 amended by Stats. 1990, Ch. 1302, Sec. 133. ) ## 87790. Notwithstanding any other provisions of this code, except Part 13 (commencing with Section 22000), the governing body of a community college district may adopt a workload balancing program for academic employees, under which time worked in excess of that required for a full-time position is banked and an equivalent paid leave of absence is granted in a subsequent quarter, semester, or academic year. (Amended by Stats. 1995, Ch. 758, Sec. 183. Effective January 1, 1996.)
  126. 87801.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district’s governing board must set and authorize payment of academic employees’ compensation, unless another law says otherwise.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87801. The governing board of a community college district shall fix and order paid the compensation of persons employed by the board as academic employees unless otherwise prescribed by law. (Amended by Stats. 1990, Ch. 1302, Sec. 157. Effective September 25, 1990.)
  127. 87802.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each community college district board must adopt, print, and make available a salary schedule for academic employees.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87802. The governing board of each community college district shall adopt and cause to be printed and made available to each academic employee a schedule of salaries to be paid. (Amended by Stats. 1990, Ch. 1302, Sec. 158. Effective September 25, 1990.)
  128. 87804.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may hire temporary employees as needed and must publish a salary schedule for them.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87804. The governing board of a community college district may employ such temporary employees of the district as it deems necessary and shall adopt and make public a salary schedule setting the daily or pay period rate or rates for temporary employees. This section shall not be construed as modifying or repealing any law fixing a minimum annual salary for employees of district. (Enacted by Stats. 1976, Ch. 1010.)
  129. 87806.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district’s governing board may increase salaries of employees in academic positions during any school year, and the board sets the effective date.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87806. The governing board of a community college district may at any time during any school year increase the salaries of persons employed by the district in academic positions. The increase shall be effective on any date ordered by the governing board. (Amended by Stats. 1990, Ch. 1302, Sec. 160. Effective September 25, 1990.)
  130. 87807.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may not cut the annual salary of an academic employee because the person did not complete extra educational units, coursework, or equivalent work.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87807. The governing board of community college district shall not decrease the annual salary of a person employed by the district in an academic position for failure to meet any requirement of the district that the person complete additional educational units, course of study, or work in any college or university or any equivalent thereof. (Amended by Stats. 1990, Ch. 1302, Sec. 161. Effective September 25, 1990.)
  131. 87809.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a community college district does not pay an academic employee’s salary, the county superintendent of schools may move district funds and pay the salary from the county school service fund.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87809. If a community college district fails to pay the salary of any person employed by it in an academic position who has on file a contract of employment held valid by the legal adviser of the county superintendent of schools having jurisdiction over the district, that county superintendent of schools may transfer sufficient money from the funds of the district to the county school service fund and pay the salary from that fund. (Amended by Stats. 1990, Ch. 1302, Sec. 163. Effective September 25, 1990.)
  132. 87810.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The board of governors must set review procedures and decide whether certain academic service should be approved and treated as fully legal for all purposes.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87810. Whenever a person has rendered service in an academic position, or the governing board of a district has employed a person in an academic position or the county superintendent has drawn an order for a warrant in favor of a person in an academic position, for a period of service during which the person did not have the qualifications required for the position as required by law, and when as a result thereof the employment of the person to render the service, the rendering of the service, the inclusion of the attendance of students taught by the person in the average daily attendance of the district, or the drawing of the order warrant for the service of that person, is in violation of any provision of this code, the employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the board of governors approves thereof in accordance with this section. The board of governors shall adopt rules and regulations to establish procedures for a review in those cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the board gives its approval to the rendering of such service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes. Unless and until amended by the board of governors, the regulations shall provide that the rendering of the service shall be approved if either of the following circumstances apply: (a) The board determines that the person rendering the service had the necessary qualifications during the period of service in question. (b) The district governing board determines, through a process that meets the requirements of Section 87359, and based on reasonable evidence, that the person rendering the service had qualifications that are at least equivalent to the qualifications specified in regulations of the board of governors. (Amended by Stats. 1990, Ch. 1302, Sec. 164. Effective September 25, 1990.)
  133. 87815.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Academic employees who work less than a full school year are paid a prorated salary; those who complete a semester must receive at least half of the annual salary; and a decedent’s estate may collect unpaid salary if the employee dies during the school year.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87815. A person in an academic position who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district. Notwithstanding any provisions of this section to the contrary, a person in an academic position who serves a complete semester shall receive not less than one-half of the established annual salary for the position. This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law. In the event any such person dies during the school year, his or her estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days he or she served bears to the total number of working days plus institutes in the annual school term, and any other day when the employee was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to his or her death. (Amended by Stats. 1990, Ch. 1302, Sec. 165. Effective September 25, 1990.)
  134. 87816.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may use an alternative salary calculation for an academic employee who works less than a full school year, if the board authorizes it based on the employee’s application.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87816. Notwithstanding the provisions of Section 87815, the governing board of a community college district may adopt an alternative method of computing the salary received by an academic employee who serves less than a full school year. The alternative method shall include the deduction from the employee’s regular salary of only that amount actually paid to a substitute or, if a substitute is not employed, the amount which would have been paid to a substitute had a substitute been employed. For the purposes of this section, the amount which would have been paid to a substitute is that amount established by the district in a published salary schedule for substitute employees. The alternative method shall only be applied upon authorization by the community college board based upon individual employee application and shall be limited to no more than five days per school year for each employee. (Amended by Stats. 1990, Ch. 1302, Sec. 166. Effective September 25, 1990.)
  135. 87817.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district must pay an academic employee who starts work at the beginning of the second semester at least half of that position’s annual compensation for that semester.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87817. Notwithstanding the provisions of Section 87815 or any other provision of law to the contrary, if a person is employed by a community college district in an academic position at the beginning of the second semester of a school year for services during that semester, the compensation of the employee shall be not less than one-half of the annual compensation for that position. (Amended by Stats. 1990, Ch. 1302, Sec. 167. Effective September 25, 1990.)
  136. 87818.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a community college district adopts an academic salary schedule increase effective for the second semester, first-semester pay may not exceed half of the former annual rate and second-semester pay must be at least half of the new annual rate.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87818. Whenever a salary schedule increasing the salaries of its academic employees is adopted by a community college district to be effective at the commencement of the second semester of a school year: (a) The compensation of the employees shall not exceed one-half of the annual compensation for their positions under the former salary schedule for services during the first semester. (b) The compensation of the employees shall not be less than one-half of the annual compensation for their positions under the newly adopted salary schedule for services during the second semester. This section shall not be construed to limit the time at which any salary increase ordered by the governing board shall become effective. (Amended by Stats. 1990, Ch. 1302, Sec. 168. Effective September 25, 1990.)
  137. 87821.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must pay salaries by specified monthly or payroll deadlines, with a special deadline for part-time adult-education faculty.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87821. Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the month and not later than the fifth day of the succeeding calendar month except that faculty employed for less than full time in classes for adults, in a day or evening community college, shall be paid on or before the 10th day of the succeeding calendar month for services performed during the preceding calendar month. If the community college district provides for the payment of the salary of employees employed in academic positions once each two weeks, twice a month, or once each four weeks, each salary payment may be made on the last working day of the payroll period and shall be made not earlier than the last working day of the payroll period and not later than the eighth working day of the following payroll period. This section shall not prohibit a district from making a payment of earned salary prior to the last working day of the month or payroll period. (Amended by Stats. 1990, Ch. 1302, Sec. 170. Effective September 25, 1990.)
  138. 87822.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must pay academic employees for extra instruction or summer school work, and must do so within specified time limits depending on how the employee is paid.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87822. Except as provided in Section 87790, when any community college district employs an academic employee to perform instruction or other services in addition to his or her regular instructing duties, or when a district employs an academic employee to perform instructing or other services at a summer school maintained by the district, the district shall pay the employee for those services either in one lump sum or at an hourly, daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is in one lump sum, the district shall pay the employee within 10 days after the termination of the services. If the pay is at an hourly, daily, biweekly, quadriweekly or monthly rate, the district shall pay the employee within 10 days after the end of each calendar month or pay period during which the services are performed. (Amended by Stats. 1990, Ch. 1302, Sec. 171. Effective September 25, 1990.)
  139. 87823.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The district may use one payroll warrant to pay two or more employees instead of issuing a separate warrant to each employee.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87823. Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees on one payroll warrant. (Enacted by Stats. 1976, Ch. 1010.)
  140. 87824.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a payroll warrant form is used, the county treasurer must pay the employee (or the employee’s order) after the approved payroll warrant is deposited with the treasurer.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87824. When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the employee or his order. (Enacted by Stats. 1976, Ch. 1010.)
  141. 87825.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a payroll form of warrant is used, the name of each employee must be listed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87825. When the payroll form of warrant is used the name of each employee shall be listed. (Enacted by Stats. 1976, Ch. 1010.)
  142. 87828.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A warrant may not be issued to an academic employee unless the warrant-drawing officer is satisfied the employee has faithfully performed all prescribed duties.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87828. Except as otherwise provided in this code, no warrant shall be drawn in favor of any academic employee, unless the officer whose duty it is to draw the warrant is satisfied that the employee has faithfully performed all the duties prescribed. (Amended by Stats. 1990, Ch. 1302, Sec. 172. Effective September 25, 1990.)
  143. 87831.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If required reports have not been filed, the county superintendent of schools may direct the district to withhold the employee’s salary payment until the superintendent gives written direction to release it.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87831. Whenever reports are required to be filed with the county superintendent of schools by academic employees of districts authorized to issue warrants under the provision of Section 85266 and the reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the employee involved. The payment should not be released to the employee until directed in writing by the county superintendent of schools. (Amended by Stats. 1990, Ch. 1302, Sec. 173. Effective September 25, 1990.)
  144. 87832.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For certain military leave payments, a community college district employee’s 30 days of salary or compensation is treated as one-tenth of annual salary for academic positions and one month’s salary for classified positions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87832. For the purposes of Section 395 of the Military and Veterans Code or any other provision of law providing for the payment of salary or compensation to an employee of a community college district while absent from duty because he or she is engaged in ordered military or naval duty, the employee’s salary or compensation for 30 days shall (a), with respect to an employee serving in an academic position, be deemed to be one-tenth of the annual salary established for the position and (b), with respect to an employee serving in a classified position, be deemed to be one month’s salary. (Amended by Stats. 1995, Ch. 758, Sec. 184. Effective January 1, 1996.)
  145. 87833.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section requires community college district governing boards to honor employee payroll deduction authorizations for approved dues and related payments, and sets deadlines for forwarding those amounts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87833. (a) Except as provided in Section 87834, the governing board of each community college district, when drawing an order for the salary payment due to an academic employee of the district, shall reduce the order by the amount which the board has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization, or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the community college district, and which has as one of its objectives improvements in the terms and conditions of employment for the advancement of the welfare of the employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. (b) Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for academic employees, draw its order upon the funds of the district in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for academic employees. When timely transmittal of dues or other payments by a county is necessary for a community college district to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction. (c) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees. (d) The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization. (e) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the district for any claims made by the employee for deductions made in reliance on that information. (f) A certified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a community college district a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the district for any claims made by the employee for deductions made in reliance on its notification. (Amended by Stats. 2018, Ch. 53, Sec. 3. (SB 866) Effective June 27, 2018.)
  146. 87834.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district boards must deduct service fees from salary or wage payments for academic employees as required, but employees may instead pay the fees directly to the employee organization.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87834. The governing board of each community college district when drawing an order for the salary or wage payment due to an academic employee of the district shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required in an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order. If the employees of a district do not authorize the board to make a deduction to pay their pro rata share of the costs of making deductions for the payment of service fees to the certificated or recognized organization, the board shall deduct from the amount transmitted to the organization on whose account the payments were deducted the actual costs, if any, of making the deduction. No charge shall exceed the actual cost to the district of the deduction. These actual costs shall be determined by the board and shall include startup and ongoing costs. (Amended by Stats. 1990, Ch. 1302, Sec. 176. Effective September 25, 1990.)
  147. 87834.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board that deducts money from an academic employee’s salary for an employee organization must send it to the organization within 15 days after issuing the paycheck. The section also preserves the right to sue, and a court may award attorney fees and costs to the prevailing party if requested.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Salaries [87801 - 87834.5] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 87834.5. (a) Notwithstanding any other law, the governing board of a community college district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of an academic employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee. (b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section. (2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney fees and costs to the prevailing party if any party to the action requests attorney fees and costs. (Added by Stats. 2003, Ch. 344, Sec. 3. Effective January 1, 2004.)
  148. 87860.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    The Legislature states that part-time community college faculty and their eligible dependents should have continuous access to health insurance benefits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87860. It is the intent of the Legislature that part-time community college faculty and their eligible dependents have continuous access to health insurance benefits. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.)
  149. 87860.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    This section establishes the Part-Time Community College Faculty Health Insurance Program.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87860.5. There is hereby established the Part-Time Community College Faculty Health Insurance Program for the purpose of providing a state incentive program to encourage community college districts to offer health insurance for part-time faculty. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.)
  150. 87861.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    This section defines health insurance benefits, part-time faculty, and multidistrict part-time faculty, and says the chancellor must prorate funds if appropriations are not enough.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87861. For purposes of this article: (a) “Health insurance benefits” include medical benefits but do not include vision or dental benefits. (b) “Multidistrict part-time faculty” refers to any faculty member whose total teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. “Multidistrict part-time faculty” does not include “part-time faculty” as defined in subdivision (c). (c) “Part-time faculty” refers to any faculty member whose teaching assignment equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. (d) The changes made to subdivision (c) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of those changes in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund those changes for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section. (Amended by Stats. 2022, Ch. 572, Sec. 10. (AB 190) Effective September 27, 2022.)
  151. 87862.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    A community college district governing board may offer health insurance to part-time faculty, multidistrict part-time faculty, and their dependents.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87862. The governing board of a community college district may provide a program of health insurance for part-time faculty, multidistrict part-time faculty, and their dependents. (Amended by Stats. 2022, Ch. 572, Sec. 11. (AB 190) Effective September 27, 2022.)
  152. 87863.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    Part-time faculty members, including multidistrict part-time faculty members, and their eligible dependents may participate in the program. If funding is insufficient, the chancellor must prorate the funds among affected community college districts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87863. (a) A part-time faculty member and their eligible dependents are eligible to participate in the program established pursuant to this article. (b) A multidistrict part-time faculty member and their eligible dependents are eligible to participate in the program established pursuant to this article. (c) The changes made to subdivision (a) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of those changes in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund those changes for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section. (d) Any changes made pursuant to this section to the Part-time Community College Faculty Health Insurance Program shall not affect any part-time health insurance program in effect on January 1, 2000. (Amended by Stats. 2022, Ch. 572, Sec. 12. (AB 190) Effective September 27, 2022.)
  153. 87864.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    Some part-time faculty, multidistrict part-time faculty, and their dependents cannot participate in the program if their health insurance premiums are paid by an employer other than a community college district.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87864. A part-time faculty member, multidistrict part-time faculty member, or their dependents whose premiums for health insurance are paid by an employer other than a community college district are not eligible to participate in the program established pursuant to this article. (Amended by Stats. 2022, Ch. 572, Sec. 13. (AB 190) Effective September 27, 2022.)
  154. 87865.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    A community college district must reimburse qualifying multidistrict part-time faculty members for a share of their health insurance premium, and it may ask for reasonable documentation.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87865. (a) A multidistrict part-time faculty member who individually purchases health insurance benefits is eligible to participate in the program established pursuant to this article. (b) (1) A community college district shall reimburse a multidistrict part-time faculty member for the district’s proportionate share of the total health insurance premium paid by the multidistrict part-time faculty member, up to a proportionate share of the maximum of the full cost of the district’s most commonly subscribed family coverage plan. (2) The community college district’s proportionate share shall be determined by dividing the total health insurance premium paid by the multidistrict part-time faculty member by the total number of community college districts in which the multidistrict part-time faculty member works for purposes of meeting the requirements of subdivision (b) of Section 87861, and multiplying that quotient by the percentage of health care cost paid by the community college district toward the total cost of the health insurance premium. (c) A community college district may require reasonable documentation from a multidistrict part-time faculty member to verify that the faculty member’s total cumulative teaching assignments at two or more community college districts equals or exceeds 40 percent of the cumulative equivalent of a minimum full-time teaching assignment. A community college district may require reasonable documentation from a multidistrict part-time faculty member to determine the district’s proportionate share, as described in subdivision (b), which may include, but is not necessarily limited to, documentation verifying enrollment in a health insurance plan and the premium paid for the health insurance plan. (Added by Stats. 2022, Ch. 572, Sec. 14. (AB 190) Effective September 27, 2022.)
  155. 87866.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    If a community college district sets up this program, its governing board must negotiate premium payment issues with the exclusive representative and send annual participant verification to the Chancellor by June 1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87866. The governing board of each community college district that establishes a program pursuant to this article shall do both of the following: (a) Negotiate with the exclusive representative as to the payment of the portion of the health insurance premium that is not funded by the state. (b) By June 1 of each year, send verification to the Chancellor of the California Community Colleges as to the number of participants in the program. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.)
  156. 87867.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    The Chancellor must apportion program funds to qualifying community college districts by June 15 each year, based on premium costs and subject to specified district coverage requirements.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87867. (a) By June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount that equals up to one-half of the total cost of the individual premiums required to be paid for the health insurance coverage of participating part-time faculty, multidistrict part-time faculty, and their dependents in the district. (b) By June 15 of each year, the chancellor shall apportion any remaining funds appropriated for this program to each community college district that establishes a program pursuant to this article and meets all of the following criteria, up to the total cost of the individual premiums required to be paid for the health insurance coverage of participating part-time faculty, multidistrict part-time faculty, and their dependents in the district: (1) Offers health insurance coverage to all part-time faculty who meet the requirements in subdivision (c) of Section 87861. (2) Offers part-time faculty the same health insurance benefits provided to the full-time faculty at the community college district. (3) Limits individual premiums paid by part-time faculty to no more than the actual individual premium paid by full-time faculty in that district. (4) Offers health insurance coverage to all multidistrict part-time faculty who meet the requirements in subdivision (b) of Section 87861, and pursuant to Section 87865. (c) The chancellor shall distribute funds that have been appropriated specifically for this purpose, and pursuant to subdivisions (a) and (b), proportionally based on each community college district’s total costs for premiums for those districts that submit verification of the costs of premiums for eligible employees for a fiscal year, but in no event shall the allocation to any district exceed the full cost of the verified premiums. (d) If funds appropriated for this purpose remain after all apportionments for subdivisions (a) and (b) have been made, the balance that exceeds that amount shall revert to the General Fund annually. (Amended by Stats. 2022, Ch. 572, Sec. 15. (AB 190) Effective September 27, 2022.)
  157. 87868.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. )

    Verify source ↗

    The Legislature states that ongoing funding for this article is subject to annual Budget Act appropriations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Part-Time Community College Faculty Health Insurance Program [87860 - 87868] ( Article 9 added by Stats. 1996, Ch. 943, Sec. 1. ) ## 87868. It is the intent of the Legislature that ongoing funding for the purposes of this article be subject to annual Budget Act appropriations. (Added by Stats. 1996, Ch. 943, Sec. 1. Effective January 1, 1997.)
  158. 87880.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. )

    Verify source ↗

    The Legislature states that community college part-time faculty have the same teaching responsibilities as full-time faculty and should be able to provide students academic counseling and assistance outside the classroom.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. ) ## 87880. The Legislature finds and declares that community college part-time faculty are required to fulfill the same teaching responsibilities as full-time faculty although students have little or no access to part-time faculty members outside of the classroom. It is the intent of the Legislature that students have the same opportunity for academic assistance and guidance without regard to whether a course at a community college is taught by a full-time or a part-time faculty member. It is the further intent of the Legislature that community college part-time faculty teaching a minimum number of courses be compensated for providing academic counseling and assistance to students outside of the classroom. (Added by Stats. 1997, Ch. 933, Sec. 1. Effective January 1, 1998.)
  159. 87881.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. )

    Verify source ↗

    The section establishes the Community College Part-Time Faculty Office Hours Program to support student access to academic advice and assistance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. ) ## 87881. There is hereby established the Community College Part-Time Faculty Office Hours Program for the purpose of providing community college students equal access to academic advice and assistance and to encourage community college districts to provide opportunities by compensating part-time faculty who hold office hours related to their teaching load. (Added by Stats. 1997, Ch. 933, Sec. 1. Effective January 1, 1998.)
  160. 87882.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. )

    Verify source ↗

    This section defines “part-time faculty” for this article.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. ) ## 87882. For purposes of this article, “part-time faculty” means any person who is employed to teach for not more than the hours per week described in Section 87482.5. (Amended by Stats. 2009, Ch. 187, Sec. 9. (SB 511) Effective January 1, 2010.)
  161. 87883.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. )

    Verify source ↗

    A community college district governing board may pay part-time faculty for office hours, and the section requires at least one paid office hour for every two classes taught weekly or 40% of a full-time load.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. ) ## 87883. (a) The governing board of a community college district may provide compensation for office hours to part-time faculty. (b) The compensation paid to part-time faculty under this article shall equal at least one paid office hour for every two classes or more taught each week or 40 percent of a full-time load as defined by the community college district. (c) Nothing in this section precludes compensation under this program for paid office time for each 20 percent of a full-time load, or fraction thereof, as defined by the community college district. (d) The change made to subdivision (c) during the 1999 portion of the 1999–2000 Regular Session of the Legislature shall be operative in any fiscal year only if funds are appropriated for purposes of that change in the annual Budget Act or in another measure. If the amount appropriated in the annual Budget Act or in another measure for purposes of this section is insufficient to fully fund that change for the fiscal year, the chancellor shall prorate the funds among the community college districts affected by this section. (Amended by Stats. 1999, Ch. 738, Sec. 6. Effective January 1, 2000.)
  162. 87884.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. )

    Verify source ↗

    Community college district boards that start this program must negotiate or meet and confer to create part-time faculty office hours, and participating districts must send an annual verification to the Chancellor. The hours cannot be used for certain faculty hour limits or tenure/probationary-hour calculations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. ) ## 87884. (a) The governing board of each community college district that establishes a program pursuant to this article shall negotiate with the exclusive bargaining representative, or in instances where there is no bargaining unit shall meet and confer with the faculty, to establish a program to provide part-time faculty office hours. (b) Any hours negotiated under this program shall not be applied toward the maximum percentage-of-hours limitation for part-time faculty as specified in Section 87882. These hours shall not be counted towards the hours per week of teaching adult or community college classes for purposes of acquiring eligibility for tenure or for purposes of fulfilling any probationary hour requirements. (c) On or before June 1 of each year, each community college district participating in the program shall send a verification to the Chancellor of the California Community Colleges specifying the total costs of the compensation paid for office hours of part-time faculty participating in the program. (d) Any changes made by this section to the Community College Part-Time Faculty Office Hours Program shall not affect any part-time faculty office hours program in effect on January 1, 2000. (Amended by Stats. 2011, Ch. 349, Sec. 11. (SB 940) Effective January 1, 2012.)
  163. 87885.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. )

    Verify source ↗

    The section creates a fund in the State Treasury and directs the Chancellor of the California Community Colleges to apportion and distribute certain annual Budget Act funds to eligible community college districts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Community College Part-Time Faculty Office Hours Program [87880 - 87885] ( Article 10 added by Stats. 1997, Ch. 933, Sec. 1. ) ## 87885. (a) The Part-Time Faculty Office Hours Program Fund is hereby established in the State Treasury. (b) On or before June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount of up to 90 percent of the total costs of compensation paid for office hours of part-time faculty, as defined in Section 87882. The chancellor shall distribute funds that are appropriated in the annual Budget Act specifically for this purpose proportionally based on each district’s total costs for office hours of part-time faculty pursuant to the verification submitted by the community college district in accordance with subdivision (c) of Section 87884 for that fiscal year. In no event, however, shall the allocation to any district in a fiscal year exceed 90 percent of the total costs of the compensation paid for office hours of part-time faculty pursuant to this article. (c) It is the intent of the Legislature that funding for the purposes of this article be included in the annual Budget Act. (d) This section shall become operative on July 1, 2024. (Repealed (in Sec. 8) and added by Stats. 2024, Ch. 71, Sec. 9. (SB 155) Effective July 2, 2024. Operative July 1, 2024, by its own provisions.)
  164. 87890.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. )

    Verify source ↗

    This section defines “faculty diversity,” “full-time faculty,” and “FTES” for Article 11.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. ) ## 87890. As used in this article, the following definitions apply: (a) “Faculty diversity” means the representation of faculty members from different racial, ethnic, gender, and disability groups, and other underrepresented groups. (b) “Full-time faculty” means a faculty member who is employed by a community college on a full-time basis and teaches more than a 67-percent load. (c) “FTES” means full-time equivalent students. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.)
  165. 87891.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. )

    Verify source ↗

    Each community college district must report annually to the Chancellor’s office on progress in increasing full-time faculty instruction and faculty diversity.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. ) ## 87891. (a) Each community college district shall report on or before March 31, 2024, and each March 31 thereafter, to the office of the Chancellor of the California Community Colleges on its progress in increasing the percentage of instruction by full-time faculty and in increasing faculty diversity. (b) The report shall include the number of full-time faculty positions filled and maintained with the funds allocated for that purpose in the prior fiscal year, the percentage of the funds used in the prior fiscal year, and the cumulative total of the funds used and unused. (c) The report shall also include, but is not limited to, all of the following: (1) The number and percentage of instruction taught by full-time faculty as measured by the regulatory definition and calculation of full-time equivalent faculty. (2) The number of units and FTES and percentage of units and FTES taught by full-time faculty. (3) The number and percentage breakdown of full-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (4) The number and percentage breakdown of part-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (5) The number and percentage breakdown of part-time faculty who have applied for or been offered full-time positions. (6) The number and percentage breakdown of faculty who have left or retired from their positions. (7) The number and percentage breakdown of full-time faculty on release, sabbatical, or paid leave. (8) The number of classroom student interaction hours taught by full-time faculty each week as part of their contractual load. (9) The strategies and actions taken by the community college district to address challenges and barriers faced by the community college district in increasing full-time faculty and faculty diversity in support of student success and completion. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.)
  166. 87892.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. )

    Verify source ↗

    The Chancellor’s office must compile information from community college districts into an annual systemwide report and post it on a public website.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. ) ## 87892. (a) The office of the Chancellor of the California Community Colleges shall, on or before May 30, 2024, and each May 30 thereafter, synthesize the information received from community college districts pursuant to Section 87891 into a systemwide report to be posted on a public internet website. (b) The report shall be submitted in a format prescribed by the chancellor’s office that ensures consistency, accuracy, and comparability of the information across community college districts. (c) The report shall include, at a minimum, the following information for each community college district: (1) The number of full-time faculty positions filled and maintained with the funds allocated for that purpose in the prior fiscal year. (2) The amount and percentage of the funds used in the prior fiscal year. (3) The cumulative total of the funds used and unused. (4) The number and percentage of instruction taught by full-time faculty as measured by the regulatory definition and calculation of full-time equivalent faculty. (5) The number of units and FTES and percentage of units and FTES taught by full-time faculty. (6) The number and percentage breakdown of full-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (7) The number and percentage breakdown of part-time faculty disaggregated by race, ethnicity, gender, disability, and other relevant categories. (8) The number and percentage breakdown of part-time faculty who have applied for or been offered full-time positions. (9) The number and percentage breakdown of faculty who have left or retired from their positions. (10) The number and percentage breakdown of full-time faculty on release, sabbatical, or paid leave. (11) The number of classroom student interaction hours taught by full-time faculty each week as part of their contractual load. (12) The strategies and actions taken by the community college district to address challenges and barriers faced by the community college district in increasing full-time faculty and faculty diversity in support of student success and completion. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.)
  167. 87893.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. )

    Verify source ↗

    The Chancellor’s office must create and run a policy to verify that community college districts use full-time faculty funds for the intended purposes and in compliance with law.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. ) ## 87893. (a) The office of the Chancellor of the California Community Colleges shall establish and implement a policy verifying that community districts are using full-time faculty funding appropriated in Item 6870-101-0001 of Section 2.00 of the annual Budget Act for the designated purposes and in accordance with applicable laws and regulations. (b) The policy shall include, at a minimum, all of the following methods: (1) Require community college districts to submit evidence of fund expenditure, including the number of full-time faculty positions filled and maintained with the funds allocated for that purpose. (2) Provide technical assistance and guidance to community college districts on best practices and compliance requirements. (3) Report any findings of misuse, waste, fraud, or abuse of funds and take corrective actions, as necessary. (c) The Legislature shall be informed of any community college district that fails to comply with this article and each failing community college district shall be subject to notice at a meeting of the Board of Governors of the California Community Colleges. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.)
  168. 87894.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. )

    Verify source ↗

    This article applies to a community college district only if it receives funds for hiring new full-time faculty under the cited Budget Act item.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. Employment [87400 - 87894] ( Chapter 3 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Full-time Faculty and Faculty Diversity [87890 - 87894] ( Article 11 added by Stats. 2023, Ch. 50, Sec. 13. ) ## 87894. This article shall only apply to a community college district as a condition of receiving funds for the purpose of hiring new full-time faculty appropriated in Item 6870-101-0001 of Section 2.00 of the annual Budget Act. (Added by Stats. 2023, Ch. 50, Sec. 13. (SB 117) Effective July 10, 2023.)
  169. 88.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In this code, “State Board” or “state board” means the State Board of Education, unless the context requires otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Definitions [70 - 97] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 88. “State Board” or “state board” whenever used in this code means the State Board of Education, unless the context requires otherwise. (Added by Stats. 2005, Ch. 118, Sec. 1. Effective July 25, 2005.)
  170. 8800.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ( Chapter 5 added by Stats. 1991, Ch. 759, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [8800 - 8802] ( Article 1 added by Stats. 1991, Ch. 759, Sec. 1. )

    Verify source ↗

    This section names the chapter the Healthy Start Support Services for Children Act and allows it to be cited by that name.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ( Chapter 5 added by Stats. 1991, Ch. 759, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [8800 - 8802] ( Article 1 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8800. This chapter shall be known and may be cited as the Healthy Start Support Services for Children Act. (Added by Stats. 1991, Ch. 759, Sec. 1.)
  171. 88000.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says the listed employment provisions apply to all classified employees of a community college district, except where a section is limited to nonmerit districts, and with a specific carve-out for certain districts with a merit-system charter.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88000. This article, Article 2 (commencing with Section 88050), Article 4 (commencing with Section 88160), Article 5 (commencing with Section 88180), Article 6 (commencing with Section 88190), Article 8 (commencing with Section 88240), and Chapter 1 (commencing with Section 87000) shall apply to all classified employees of a community college district, whether a merit or nonmerit system district as authorized by this chapter unless the section specifically limits its application to nonmerit system districts. These provisions shall not apply to employees of a community college district lying wholly within a city and county that provides in its charter for a merit system of employment for employees employed in positions that are part of the classified service. (Amended by Stats. 1995, Ch. 758, Sec. 185. Effective January 1, 1996.)
  172. 88001.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines key terms used in the chapter on classified employees and limits disciplinary action to causes defined in law or a community college employer’s written rules.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88001. As used in this chapter the following terms mean: (a) “Classification” means that each position in the classified service shall have a designated title, a regular minimum number of assigned hours per day, days per week, and months per year, a specific statement of the duties required to be performed by the employees in each such position, and the regular monthly salary ranges for each such position. (b) “Permanent,” as used in the phrase “permanent employee,” includes tenure in the classification in which the employee passed the required probationary period and includes all of the incidents of that classification. (c) “Regular,” as used in the phrase “regular classified employee,” or any similar phrase, refers to a classified employee who has probationary or permanent status. (d) “Demotion” means assignment to an inferior position or status without the employee’s written voluntary consent. (e) “Disciplinary action” includes any action whereby an employee is deprived of any classification or any incident of any classification in which he or she has permanence, including dismissal, suspension, demotion, or any reassignment, without his or her voluntary consent, except a layoff for lack of work or lack of funds. (f) “Reclassification” means the upgrading of a position to a higher classification as a result of the gradual increase of the duties being performed by the incumbent in that position. (g) “Layoff for lack of funds or layoff for lack of work” includes any reduction in hours of employment or assignment to a class or grade lower than that in which the employee has permanence, voluntarily consented to by the employee, in order to avoid interruption of employment by layoff. (h) “Cause,” relating to disciplinary actions against classified employees, means those grounds for discipline or offenses enumerated in the law or the written rules of a community college employer. No disciplinary action may be maintained for any “cause” other than as defined herein. This section shall not apply to districts to which Article 3 (commencing with Section 88060) is applicable. This section shall not apply to any district which, during the 1973–74 college year, had an average daily attendance of 100,000 or more. (Amended by Stats. 1995, Ch. 758, Sec. 186. Effective January 1, 1996.)
  173. 88002.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must pay and notify classified employees for additional assignments, assign regular employees for out-of-year sessions, and may not require certain employees to work outside their excluded yearly period.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88002. (a) For the purposes of this section, every classified employee shall be deemed to be employed for 12 months during each college year regardless of the number of months in which he or she is normally in paid status. (b) If, during a college year, it is necessary to assign a regular classified employee to perform an assignment or service in addition to his or her regular assignment, a community college district shall pay the classified employee on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular college year, unless the community college district has negotiated a contract that allows for a lesser pay scale. A community college district shall inform a classified employee of the compensation and benefits of the additional assignment or service before the employee commences the additional assignment or service. (c) A community college district that, in any college year, maintains school sessions at times other than during the regular academic year shall assign for service, during those times, regular classified employees of the district. (d) If it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another, the assignment shall be made on the basis of qualifications for employment in each classification of service that is required. (1) A community college district may not require a classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year to the beginning of the next academic year to perform services during that period. (2) A classified employee, for services performed as provided in this subdivision, shall receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular academic year. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 2003, Ch. 280, Sec. 2. Effective January 1, 2004.)
  174. 88003.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district governing boards must hire and classify nonacademic employees, and they may use substitute employees only within stated limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88003. (a) The governing board of a community college district shall employ persons for positions that are not academic positions. The governing board of a community college district, except where Article 3 (commencing with Section 88060) or Section 88137 applies, shall classify all those employees and positions. The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time students employed part time in a college work-study program, or in a work experience education program conducted by a community college district and that is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a community college district, except as authorized by this section. (b) “Substitute employee,” as used in this section, means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in a classified position, the governing board of the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time. (c) “Short-term employee,” as used in this section, means a person who is employed to perform a service for the community college district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a community college district, at a regularly scheduled meeting of the governing board of the community college district, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 88001, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of the community college district, but shall not extend beyond 75 percent of a school year. (d) “Seventy-five percent of a college year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day. (e) Employment of either full-time or part-time students in a college work-study program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services. (f) This section shall apply only to community college districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060). (g) An employee employed by a community college district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the community college district. (Amended by Stats. 2018, Ch. 488, Sec. 2. (AB 2160) Effective January 1, 2019.)
  175. 88003.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts may contract out personal services work performed by classified employees only if the statutory conditions are met.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88003.1. (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met: (1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the community college district, provided that: (A) In comparing costs, there shall be included the community college district’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed and the cost of additional space, equipment, and materials needed to perform the function. (B) In comparing costs, there shall not be included the community college district’s indirect overhead costs unless these costs can be attributed solely to the function in question and would not exist if that function was not performed by the community college district. Indirect overhead costs shall mean the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials. (C) In comparing costs, there shall be included in the cost of a contractor providing a service any continuing community college district costs that would be directly associated with the contracted function. These continuing community college district costs shall include, but not be limited to, those for inspection, supervision, and monitoring. (2) Proposals to contract out work shall not be approved solely on the basis that savings will result from lower contractor pay rates or benefits. Proposals to contract out work shall be eligible for approval if the contractor’s wages are at the industry’s level and do not undercut community college district pay rates. (3) The contract does not cause the displacement of community college district employees. The term “displacement” includes layoff, demotion, involuntary transfer to a new classification, involuntary transfer to a new location requiring a change of residence, and time base reductions. Displacement does not include changes in shifts or days off, nor does it include reassignment to other positions within the same classification and general location or employment with the contractor, so long as wages and benefits are comparable to those paid by the school district. (4) The savings shall be large enough to ensure that they will not be eliminated by private sector and community college district cost fluctuations that could normally be expected during the contracting period. (5) The amount of savings clearly justify the size and duration of the contracting agreement. (6) The contract is awarded through a publicized, competitive bidding process. (7) The contract includes specific provisions pertaining to the qualifications of the staff that will perform the work under the contract, as well as assurance that the contractor’s hiring practices meet applicable nondiscrimination standards. (8) The potential for future economic risk to the community college district from potential contractor rate increases is minimal. (9) The contract is with a firm. A “firm” means a corporation, limited liability company, partnership, nonprofit organization, or sole proprietorship. (10) The potential economic advantage of contracting is not outweighed by the public’s interest in having a particular function performed directly by the community college district. (b) Notwithstanding any other provision of this chapter, personal services contracting shall also be permissible when any of the following conditions can be met: (1) The contract is for new community college district functions and the Legislature has specifically mandated or authorized the performance of the work by independent contractors. (2) The services contracted are not available within community college districts, cannot be performed satisfactorily by community college district employees, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the community college district. (3) The services are incidental to a contract for the purchase or lease of real or personal property. Contracts under this criterion, known as “service agreements,” shall include, but not be limited to, agreements to service or maintain office equipment or computers that are leased or rented. (4) The policy, administrative, or legal goals and purposes of the community college district cannot be accomplished through the utilization of persons selected pursuant to the regular or ordinary hiring process. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts shall include, but not be limited to, obtaining expert witnesses in litigation. (5) The nature of the work is such that the criteria for emergency appointments apply. “Emergency appointment” means an appointment made for a period not to exceed 60 working days either during an actual emergency to prevent the stoppage of public business or because of the limited duration of the work. The method of selection and the qualification standards for an emergency employee shall be determined by the community college district. The frequency of appointment, length of employment, and the circumstances appropriate for the appointment of firms or individuals under emergency appointments shall be restricted so as to prevent the use of emergency appointments to circumvent the regular or ordinary hiring process. (6) The contractor will provide equipment, materials, facilities, or support services that could not feasibly be provided by the community college district in the location where the services are to be performed. (7) The services are of such an urgent, temporary, or occasional nature that the delay incumbent in their implementation under the community college district’s regular or ordinary hiring process would frustrate their very purpose. (c) This section shall apply to all community colleges, including community college districts that have adopted the merit system. (d) This section shall apply to personal service contracts entered into after January 1, 2003. This section shall not apply to the renewal of personal services contracts subsequent to January 1, 2003, where the contract was entered into before January 1, 2003, irrespective of whether the contract is renewed or rebid with the existing contractor or with a new contractor. (Amended by Stats. 2010, Ch. 328, Sec. 58. (SB 1330) Effective January 1, 2011.)
  176. 88004.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Most positions that are not classified as academic and are not exempt must be treated as part of the classified service, and districts may not relabel them as academic or use a title change to remove them from that service.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88004. Every position not defined by the regulations of the board of governors as an academic position and not specifically exempted from the classified service according to the provisions of Section 88003 or 88076 shall be classified as required by those sections and shall be a part of the classified service. These positions may not be designated as academic by the governing board of a district nor shall the assignment of a title to any such a position remove the position from the classified service. Nothing in this section shall be construed to prohibit anyone from being employed in a classification because he or she possesses the minimum qualifications required of faculty members or academic administrators, nor shall the possession of those qualifications be grounds for the elimination of an individual from consideration for employment in a classified position. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 1990, Ch. 1302, Sec. 179. Effective September 25, 1990.)
  177. 88004.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Community college districts may contract for food service management consulting for up to one year, but the contract cannot eliminate or adversely affect food service classified staff or place them under the consultant’s supervision.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88004.5. All contracts for management consulting services relating to food service shall be governed by this section. (a) Notwithstanding Sections 88003, 88004, 88020.5, and 88076, any community college district may enter into a contract for management consulting services relating to food service for a term not to exceed one year. Any renewal of that contract, or further requests for proposals to provide food service management consulting services, shall be considered on a year-to-year basis. A contract for food service management consulting services shall not cause or result in the elimination of any food service classified personnel or position. A contract for food service management consulting services shall not cause or result in any adverse effect upon any food service classified personnel or position with respect to wages, benefits, or other terms and conditions of employment. (b) A contract made pursuant to subdivision (a) shall not provide for, or result in the supervision of, food service classified personnel by the food service management consultant. This section shall not be construed to prevent an entity providing food service management consulting services from interacting or consulting with the food service manager or director, supervisors, or food service classified employees of the community college district on matters relating to food services except those prohibited by subdivision (a). (c) Sections 88021, 88022, 88023, 88024, and 88025, and any other health criteria established by the local community college district, are applicable to all persons providing food service management consulting services under this section. (d) This section shall apply to all community college districts, including districts that have adopted the merit system. (Amended by Stats. 1995, Ch. 758, Sec. 189. Effective January 1, 1996.)
  178. 88005.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Certain specially funded nonacademic school-district positions must be treated as classified service positions, and workers in them get classified-employee rights. Restricted positions have added limits, but after six months of satisfactory service the worker can take qualifying exams and may then gain full classified-service status.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88005. (a) Nonacademic positions created by a governing board of a school district under the Manpower Development and Training Act of 1962, the Economic Opportunity Act of 1964, the Elementary and Secondary Education Act of 1965, or Section 11300 or Section 13650 of the Welfare and Institutions Code, any future federal or state legislative enactment, or any other special funding, and which are not a part of the regular school program shall, nevertheless, be a part of the classified service as established by Section 88003 or Section 88076 of this code. Persons employed in such positions shall be classified employees and shall enjoy all the rights, burdens and benefits accorded other classified employees. Their selection and retention shall be made on the same basis as that of persons selected for positions that are a part of the regular school program. (b) Notwithstanding the provisions of subdivision (a), if specially funded positions are restricted to employment of persons in low-income groups, from designated impoverished areas and other criteria which restricts the privilege of all citizens to compete for employment in such positions, all such positions shall, in addition to the regular class title, be classified as “restricted.” Their selection and retention shall be made on the same basis as that of persons selected and retained in positions that are a part of the regular school program, except that persons employed in the following categories of restricted positions shall not be subject to the provisions of Section 88091 or 88092: (1) The position of instructional aide, as defined in Section 88243. (2) Any other position involving personal contacts with students or parents that is established to assist school-staff personnel responsible for school-community relations; educational support services for such areas as counseling, library or health; or the correction or prevention of behavioral problems. Persons employed in positions properly classified as “restricted” shall be classified employees for all purposes except: (A) They shall not be accorded employment permanency under Section 88013 or Section 88120 of the Education Code, whichever is applicable. (B) They shall not acquire seniority credits for the purposes of Sections 88117 and 88127 of the Education Code or, in a district not having the merit (civil service) system, for the purposes of layoff for lack of work or lack of funds as may be established by rule of the governing board. (C) The provisions of Sections 88106 and 88108 shall not apply to “restricted” employees. (D) They shall not be eligible for promotion into the regular classified service or, in districts that have adopted the merit system, shall not be subject to the provisions of Section 88061, until they have complied with the provisions of subdivision (c). (c) At any time, after completion of six months of satisfactory service, a person serving in a “restricted” position shall be given the opportunity to take such qualifying examinations as are required for all other persons serving in the same class in the regular classified service. If the person satisfactorily completes the qualifying examination, regardless of final numerical listing on an eligibility list, he or she shall be accorded full rights, benefits and burdens of any other classified employee serving in the regular classified service. His or her service in the regular classified service shall be counted from the original date of employment in the “restricted” position and shall continue even though he or she continues to serve in a “restricted” position. (d) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (e) It is the intent of the Legislature in enacting this section to clearly set forth that positions normally a part of the classified service are included therein regardless of the source of income to sustain the positions and to effectively implement specially funded programs intended to provide job opportunities for untrained and impoverished persons but to do so in a manner that will not be disruptive nor detrimental to the normal employment procedures relating to classified school service. (Amended by Stats. 1990, Ch. 1302, Sec. 180. Effective September 25, 1990.)
  179. 88005.1.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board may create and fill limited-duration CETA-funded public service positions, and people in those positions are treated as classified employees with specific exceptions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88005.1. The governing board of a community college district may establish positions and employ persons in public service employment positions which are funded by the Comprehensive Employment and Training Act (CETA) and which are restricted by the act to a limited duration of participation. The positions shall be a part of the classified service. Persons so employed shall be classified employees for all purposes except that they shall not be subject to the provisions of Sections 88091 and 88092, and they shall not acquire permanent status or seniority credit for the purpose of layoff or reemployment. Retirement benefits shall be subject to the applicable federal law. Persons employed in and occupying such positions shall be eligible to apply for any position or class of positions within the classified service for which they meet the qualifications, and, upon employment in the regular classified service, shall have their classified service counted from the original date of employment in the CETA position. (Added by Stats. 1980, Ch. 714, Sec. 2.)
  180. 88006.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    District governing boards must use rules or regulations to implement this section. People in exempt positions, and certain people in classified positions that are exempted from classified service, are still subject to specified sections. Full-time day students regularly attending in the district of employment are excluded.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88006. Notwithstanding the provisions of Section 88003 or Section 88076, which exempt certain types of positions or categories of personnel from the classified service of a community college district, persons serving in exempt positions or who serve in classified positions but are exempted from the classified service shall, nevertheless, be subject to the provisions of Sections 87408.6, 88021, 88022, 88023 and 88024. The governing board of every district shall, by rule or regulation, provide for the implementation of this section. The provisions of this section shall not apply to full-time day students regularly attending in the district of employment. (Amended by Stats. 1982, Ch. 251, Sec. 43. Effective June 11, 1982.)
  181. 88007.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section defines “the act” and requires a superintendent of schools to submit a report to the governing board in certain layoff and hiring situations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88007. (a) The “act” as used in this section shall mean the Federal Emergency Employment Act of 1971 (Public Law 92-54) or any similar federal law hereafter enacted to provide transitional employment in public service positions for unemployed or underemployed persons. (b) Funds derived from the act shall not be expended for work that: (1) would otherwise have been performed at federal, state, or local expense; (2) will not result in an increase over the employment which would otherwise be available; (3) which will result in the displacement of permanent members of the classified service (including partial displacement, such as reduction in the hours of nonovertime work or wages or employment benefits); (4) or which will impair existing rights of permanent members of the classified service. (c) If during the term of a contract or renewal thereof, executed under the act, a community college district is engaged in layoffs for lack of work or lack of funds of permanent classified employees serving in regular positions and is employing personnel or contemplates employing personnel in like or reasonably similar positions under the act, a report shall be submitted by the superintendent of schools to the governing board clearly demonstrating and substantiating the fact that the duties being performed by the permanent employees in regular positions who are being laid off will not be performed by personnel employed under the act. Approval of the report by the governing board shall constitute its acceptance of the facts, as contained therein, and based thereon its affirmation of compliance with the contract executed under the act and this section. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  182. 88008.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board may designate certain positions as “restricted” if it limits initial appointments to low-income groups or people living in designated areas.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88008. If the governing board of a community college district establishes positions in the categories described below and restricts initial appointments of new employees to persons in low-income groups or residing in specifically designated areas of the community, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except that (1) they shall not be subject to the provisions of Section 88091 or 88092, and (2) they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 88005. The categories of positions for which the governing board may establish restrictions under this section are: (a) The position of instructional aide, as defined in Section 88243. (b) Any other position involving personal contacts with students or parents, that is established to assist college staff personnel responsible for college-community relations; educational support services for such areas as counseling, library, or health; or the correction or prevention of behavioral problems. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Added by Stats. 1981, Ch. 470, Sec. 404.)
  183. 88009.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Governing boards must set and define the duties of classified and other nonacademic community college district employees, except personnel commission staff.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88009. Governing boards shall fix and prescribe the duties to be performed by all persons in the classified service and other nonacademic positions of the community college district, except those persons employed as a part of a personnel commission staff as provided in Article 3 (commencing with Section 88060) of this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 1990, Ch. 1302, Sec. 181. Effective September 25, 1990.)
  184. 8801.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ( Chapter 5 added by Stats. 1991, Ch. 759, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [8800 - 8802] ( Article 1 added by Stats. 1991, Ch. 759, Sec. 1. )

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    This section states legislative findings about children facing barriers to learning and says Healthy Start should help by improving school-responsive environments, local collaboration, better use of existing resources, and oversight/evaluation systems.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ( Chapter 5 added by Stats. 1991, Ch. 759, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [8800 - 8802] ( Article 1 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8801. The Legislature finds and declares all of the following: (a) A large and growing number of California’s children are not learning enough in school to prepare them for full economic, social, and civic participation in adult life, as evidenced by the following statistics: (1) Each year, between 59,000 and 72,000 children are born exposed to drugs or alcohol. (2) Currently 360,000 children are abused or neglected, according to the juvenile courts and county welfare departments. (3) Each year, a substantial number of parents have their parental rights terminated by the courts. (4) Seventy thousand children are presently placed with foster care because of parental abuse or neglect or delinquent behavior. (5) Out of an average class of 30 high school sophomores, any eight pupils are on public assistance, any four speak no English, any eight are at least two years behind in reading and math, any three have grown up in public housing, any seven will not graduate, any three will be teen parents, and any seven will not be employable. (6) Sixty-one thousand children receive mental health services annually. (7) One million one hundred thousand children go to bed hungry every night. (b) The quality of life for all Californians is affected by these conditions. These children, and often the children they have, impose heavy costs on taxpayers by requiring special services, income assistance, or incarceration or institutionalization. They are a burden on the capacity of the state’s economy to produce adequate revenues and an adequate tax base. (c) The causes of the problems children face are complex and interdependent. Many families, especially those affected by poverty, fail to provide the physical, emotional, and intellectual support needed to ensure that their children are ready for school. Many neighborhoods and larger communities lack the resources or organization to support children. The schools’ support services either are not effective or have not effectively serviced a large enough percentage of at-promise children. (d) Because children spend so much of their time at school, schools have been increasingly asked to provide a wide range of health and social services to children, and many have attempted to help parents as well. The capacity of schools to undertake these roles must be increased. (e) However, this service capacity should not be increased through conventional, categorical approaches. Services to children and their families can be most effectively provided through consortia which include schools, other health and human service providers, parents, and community groups. Collaboration is necessary and more effective because the goals of school and community services are interdependent, fragmentation of existing state and local services otherwise inhibits their effectiveness, and community-based services offer resources and competence that schools do not have. Both the state and counties must develop policies and incentives to improve collaboration at the local level. (f) Therefore, it is the intent of the Legislature that by implementing the Healthy Start Support Services for Children Act, children in need of assistance to overcome the barriers to healthy, productive lives be given assistance in all of the following ways: (1) By creating a learning environment that is optimally responsive to the physical, emotional, and intellectual needs of each child. (2) By fostering interagency collaboration and communication at the local level to more efficiently and effectively deliver human support services to children and their families. (3) By encouraging the full use of existing agencies, professional personnel, and public and private funds to ensure that children are ready and able to learn, and to prevent duplication of services and unnecessary expenditures. (4) By encouraging the development of a local interagency oversight mechanism that includes a records system to evaluate cost and effectiveness, and the development of a process of self-assessment of those records and the way in which they are used, to improve the effectiveness of services. (Amended by Stats. 2020, Ch. 370, Sec. 50. (SB 1371) Effective January 1, 2021.)
  185. 88010.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The section limits when classified employees can be required to work outside their assigned duties and allows upward salary adjustments for such temporary assignments.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88010. Classified employees shall not be required to perform duties that are not fixed and prescribed for the position by the governing board in accordance with Section 88009, unless the duties reasonably relate to those fixed for the position by the board, for any period of time that exceeds five working days within a 15-calendar-day period except as authorized herein. An employee may be required to perform duties inconsistent with those assigned to the position by the governing board for a period of more than five working days if his or her salary is adjusted upward for the entire period he or she is required to work out of classification and in amounts that will reasonably reflect the duties required to be performed outside his or her normal assigned duties. Notwithstanding this section, a personnel commission and governing board, or a governing board in a nonmerit system district, by written rule, may provide for an upward salary adjustment for any classified employee required to work out of classification for any period of time less than that required herein. It is the intent of this section to permit community college districts to temporarily work employees outside of their normal duties but in so doing to require that some additional compensation be provided the employee during such temporary assignments. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 190. Effective January 1, 1996.)
  186. 88010.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A classified employee at a community college district cannot be forced to change a workweek to include Saturday or Sunday without written consent, and cannot be assigned weekend service if they object in writing for religious reasons.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88010.5. A classified employee employed by any community college district that decides to maintain classes on Saturday or Sunday, or both, shall not, without his or her written consent, be required to change his or her workweek to include Saturday or Sunday, or both. No classified employee shall be assigned to perform services on a Saturday or Sunday if the classified employee objects in writing that the assignment would conflict with his or her religious beliefs or practices. Enactment of this section shall cause no change or disruption in existing work schedules that may already include Saturday or Sunday as regular workdays. This section shall not be construed as limiting the power of any governing board of a community college district to govern the schools of the district, including the assignment of classified employees employed by the district. This section shall not be construed as modifying or otherwise affecting Section 88026, 88027, 88030, or 88040 or any other provisions of this code relating to employment of classified employees. (Amended by Stats. 1993, Ch. 139, Sec. 1. Effective July 19, 1993.)
  187. 88011.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may not require classified-service candidates or employees to live in the district, and may not give residents preferential treatment.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88011. No community college district may adopt or maintain any rule or regulation which requires a candidate for a position in the classified service 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 preferential points or other preferential treatment to those candidates or employees who are residents of the district. This section shall not apply to restricted positions as provided for in Sections 88005 and 88008. The Legislature in enacting this section recognizes that the public school system of this state is the property of all its citizens, and that all qualified candidates for positions in the classified service, regardless of residence, should be granted the opportunity to compete for and obtain such positions based solely on merit and fitness. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  188. 88012.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board that uses staff assistants or field representatives for policymaking support must treat them as classified service employees, with stated exemptions, and they may not be used for board election campaigns during work hours.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88012. If the governing board of any community college district employs staff assistants or field representatives to directly assist the governing board or individual governing board members in carrying out their policymaking duties, such assistants or representatives shall be members of the classified service, except that such assistants or representatives shall be exempt from all provisions of this code relating to obtaining a permanent status in any position in the district, and procedures pertaining to the recruitment, appointment, classification, and salary of members of the classified service. Staff assistants shall serve at the pleasure of a majority of the governing board, and each field representative appointed by the governing board to assist an individual member shall serve at the pleasure of such member. It is the intent of the Legislature that persons employed under Section 88012 will not be utilized for election campaigns of board members during hours of their employment. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  189. 88013.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district’s governing board must set and publish written personnel rules for classified employees, provide notice and hearing rights in discipline cases, and follow specific probation and discipline limits.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted. (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. (c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employee’s right to a hearing on those charges, and the time within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void. (d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district. (e) This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. (f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the district’s policies or regulations. (2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement. (g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060). (h) To the extent that this section, as amended by Assembly Bill 275 of the 2021–22 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 2021–22 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. (Amended by Stats. 2022, Ch. 913, Sec. 2. (AB 2413) Effective January 1, 2023.)
  190. 88014.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    The governing board may lay off and reemploy classified employees, but only by following the procedures in Sections 88117 and 88127.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88014. Notwithstanding Section 88013, the governing board may lay off and reemploy classified employees only in accordance with procedures provided by Sections 88117 and 88127, except the term “personnel commission,” as used in Section 88117, shall be construed to mean the governing board. (Amended by Stats. 1995, Ch. 758, Sec. 192. Effective January 1, 1996.)
  191. 88015.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A district must place certain laid-off retirees on an appropriate reemployment list, notify the retirement board, and keep a vacancy open if the person accepts reemployment in writing until the board processes reinstatement.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88015. Notwithstanding any other provision of law, any person who was subject to being, or was in fact, laid off for lack of work or lack of funds and who elected service retirement from the Public Employees’ Retirement System shall be placed on an appropriate reemployment list. The district shall notify the Board of Administration of the Public Employees’ Retirement System of the fact that retirement was due to layoff for lack of work or of funds. If the person is subsequently subject to reemployment and accepts, in writing, the appropriate vacant position, the district shall maintain the vacancy until the Board of Administration of the Public Employees’ Retirement System has properly processed his or her request for reinstatement from retirement. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 193. Effective January 1, 1996.)
  192. 88016.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A disciplinary notice must state the specific acts and omissions, the cause for the action, and any cited employer rule or regulation; it cannot rely on bare rule or statute language as a sufficient ground.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88016. A notice of disciplinary action shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary action is based, a statement of the cause for the action taken and, if it is claimed that an employee has violated a rule or regulation of the public school employer, such rule or regulation shall be set forth in said notice. A notice of disciplinary action stating one or more causes or grounds for disciplinary action established by any rule, regulation, or statute in the language of the rule, regulation, or statute, is insufficient for any purpose. A proceeding may be brought by, or on behalf of, the employee to restrain any further proceedings under any notice of disciplinary action violative of this provision. This section shall apply to proceedings conducted under the provisions of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  193. 88017.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section sets notice, hearing, confidentiality, and layoff rules for classified employees of community college districts.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88017. (a) (1) No later than March 15 and before a classified employee is given notice by the governing board of the community college district that the classified employee’s services will not be required for the ensuing year, the governing board of the community college district and the employee shall be given written notice by the superintendent of the community college district or the superintendent’s designee, or, in the case of a community college district that has no superintendent, by the clerk or secretary of the governing board of the community college district, that it has been recommended that the notice be given to the employee, and stating the reasons therefor. (2) Until the classified employee has requested a hearing as provided in subdivision (b) or has waived their right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section. (b) A classified employee may request a hearing to determine if there is cause for not reemploying the employee for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice, on or before a date specified in subdivision (a), which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, this failure to do so shall constitute waiver of the employee’s right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) If a hearing is requested by a classified employee under subdivision (b), the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board of a community college district shall have all the powers granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file their notice of defense, if any, within five days after service upon the respondent of the accusation and the respondent shall be notified of this five-day period for filing the accusation. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if a request is made for discovery within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate. (3) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the colleges and the students thereof. The proposed decision shall be prepared for the governing board of the community college and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board of the community college shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board of the community college or on any court in future litigation. Copies of the proposed decision shall be submitted to the governing board of the community college and to the classified employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board of the community college from community college district funds. (4) An employee may be represented at the hearing by an attorney or by a nonattorney representative of the employee organization designated as the exclusive representative of the employees in the employee’s classification, if any. (d) (1) The determination of the governing board of a community college district to not reemploy a classified employee for the ensuing college year shall be for cause only. The determination of the governing board of the community college district as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the colleges and the students thereof and provided that cause is a bona fide lack of funds or reduction in services. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced. (2) For purposes of this section, “cause” for layoff includes community college district compliance with the seniority requirements of this code, including Section 88127. (e) Notice of termination to the classified employee by the governing board of the community college district that the employee’s service will not be required for the ensuing year shall be given no later than May 15. (f) If the governing board of a community college district notifies a classified employee that the employee’s services will not be required for the ensuing year, the governing board of the community college district, within 10 days after receipt of the employee’s written request, shall provide the employee with a statement of its reasons for not reemploying the employee for the ensuing college year. (g) Any notice or request under this section shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid, and addressed to the last known address of the employee. (h) (1) If the governing board of a community college district does not give notice provided for in subdivision (e) on or before May 15, a permanent employee shall be deemed reemployed for the ensuing college year, except that this section shall not be construed to interfere with the right of a district to release probationary employees who never become permanent without notice or hearing. (2) For purposes of this subdivision, “permanent employee” includes an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice. (i) If, after request for hearing pursuant to subdivision (b), any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (c), (d), (e), and (h) that occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance. (j) (1) A classified employee shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. This subdivision does not create a layoff notice requirement for any individual hired as a short-term employee, as defined in Section 88003, for a period not exceeding 60 days. (2) This subdivision does not apply to the retention of a short-term employee, as defined in Section 88003, who is hired for a period not exceeding 60 days after which the short-term service may not be extended or renewed. (k) Notwithstanding the other requirements of this code respecting layoff of permanent classified employees, when classified positions must be eliminated as a result of the expiration of a specially funded program, the employees to be laid off shall be given written notice not less than 60 days prior to the effective date of their layoff informing them of their layoff date and their displacement rights, if any, and reemployment rights. (l) If, after January 1, 2021, the Legislature provides academic employees with any additional rights to notice or hearing as to layoffs, then permanent classified employees and those who become permanent classified employees shall be afforded the same rights by the community college district. (m) The governing board of a community college district may adopt, from time to time, rules and procedures not inconsistent with this section that may be necessary to effectuate this section. (n) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Amended by Stats. 2022, Ch. 571, Sec. 42. (AB 185) Effective September 27, 2022.)
  194. 88018.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    After certain community college district reorganizations, nonacademic employees keep their employment rights for at least two years and retain salary, leave, and other benefits; the acquiring district’s governing board may make reasonable duty reassignments.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88018. Any division, uniting, unionization, annexation, merger, or change of community college district boundaries shall not affect the rights of persons employed in nonacademic positions to continue in employment for not less than two years and to retain the salary, leaves and other benefits which they would have had had the reorganization not occurred, and in the manner provided in this article: (a) All employees of every community college district which is included in any other district, or all districts included in a new district, shall become employees of the new district. (b) When a portion of the territory of any district becomes part of another district employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district. Employees whose assignments pertained to the affected territory, but whose employment situs was not in such territory, may elect to remain with the original district or become employees of the acquiring district. (c) When the territory of any district is divided between or among two or more districts and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of such district shall become employees of the district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at their election. (d) Employees regularly assigned by the original district to any school in said district shall be an employee of the district in which said school is located. Except as herein provided, nothing herein shall deprive the governing board of the acquiring district from making reasonable reassignments of duties. (Amended by Stats. 1990, Ch. 1302, Sec. 183. Effective September 25, 1990.)
  195. 88019.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    When a community college district is reorganized in certain ways, the acquiring or new district must adopt the merit system and protect affected employees’ rights and seniority.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88019. Whenever, by reason of any reorganization, other than the unification of districts, all or part of the territory of any community college district which has adopted the merit system is included within any district, or in any new district, the governing board of the acquiring or new district shall adopt such merit system. In the event that any district simultaneously acquires all or part of the territory of two or more districts which have previously adopted the merit system the governing board of the acquiring or new district shall adopt a merit system containing such provisions as are necessary to afford to all employees the rights guaranteed by this section. The employees of the reorganized or new district shall retain all rights and privileges as if they had been employed under the provisions of Article 3 (commencing with Section 88060) of this chapter, with seniority commencing as of the date of original employment in their original district. Where there are more than a sufficient number of employees for a given classification under the provisions of Article 3 (commencing with Section 88060) of this chapter, such personnel shall be retained in employment for a period of not less than two years as if the reorganization had not occurred but without prejudice to the powers of the personnel commission and governing board of the reorganized district to reasonably reassign such persons. If at the expiration of such period, upon a finding made by the personnel commission that there are excess personnel in any given classification, such personnel shall, if the governing board so directs, be placed upon appropriate reemployment lists for 39 months and, if so placed, shall be offered and may accept positions of lower rank in their line of promotion in the order of seniority as established by this section in accordance with rules drawn in compliance with the provisions of Article 3 (commencing with Section 88060) of this chapter. The acceptance of a position in lower rank in accordance herewith shall not be deemed to constitute a waiver of the right to reemployment at the original level should a vacancy at such level occur within the period mentioned in this section. (Enacted by Stats. 1976, Ch. 1010.)
  196. 8802.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ( Chapter 5 added by Stats. 1991, Ch. 759, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [8800 - 8802] ( Article 1 added by Stats. 1991, Ch. 759, Sec. 1. )

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    This section defines key terms used in the Healthy Start Support Services for Children Act chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 6. EDUCATION PROGRAMS—STATE MASTER PLANS [8006 - 9004] ( Part 6 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Healthy Start Support Services for Children Act [8800 - 8807] ( Chapter 5 added by Stats. 1991, Ch. 759, Sec. 1. ) ## ARTICLE 1. General Provisions and Definitions [8800 - 8802] ( Article 1 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8802. For the purposes of this chapter, the following definitions apply: (a) “Consortium” means two or more local educational agencies. (b) “Cooperating agency” means any federal, state, or local public or private nonprofit agency that agrees to offer support services at a schoolsite through a program implemented under this chapter. (c) “Council” means the Healthy Start Support Services for Children Program Council. (d) “Lead agency” means the department. (e) “Local educational agency” means a school district or county office of education. (f) “Private partner” means a private business or foundation that provides financial assistance or otherwise assists a support services program operated under this chapter. (g) “Qualifying school” means a school that is any of the following: (1) A school that maintains kindergarten or any of grades 1 to 6, inclusive, in which 50 percent or more of the enrolled pupils either (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552. (2) A school that maintains any of grades 7 to 12, inclusive, in which 35 percent or more of the enrolled pupils either (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552. (3) A school that does not satisfy the criteria in paragraph (1) or (2) but that demonstrates other factors that warrant its consideration, including, for example, exceptional need, potential to serve as a model program, or service to a particular target population. No more than 10 percent of the schools that participate in the program established by this chapter may be schools that qualify under this paragraph. A school that receives a grant under this paragraph shall ensure that the following pupils in that school are given priority to receive services provided with the grant money: (A) are from families that receive benefits from the Aid to Families with Dependent Children program or any successor program, have limited English proficiency, as identified pursuant to Section 52163, or both, or (B) are eligible to receive free or reduced-price meals under Section 49552. (h) “Agency secretary” means the Secretary of the Health and Welfare Agency. (i) “Superintendent” means the Superintendent of Public Instruction. (j) “Support services” means services that will enhance the physical, social, emotional, and intellectual development of children and their families. (Amended by Stats. 2011, Ch. 347, Sec. 8. (SB 942) Effective January 1, 2012.)
  197. 88020.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Certain nonstudent, non-substitute employees of a community college student body organization must be treated as permanent classified employees after six months, and as probationary classified employees if employed for less than six months, without examination.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88020. Any person, not a student or substitute employee, who has been employed by a community college student body organization pursuant to Section 76060 for a period of at least six months immediately preceding becoming a member of the classified service pursuant to Section 76060 or 81676 shall, without examination, be deemed to be a permanent classified service employee of the community college district. Any person not a student or substitute employee employed by a student body organization pursuant to Section 76060 for less than six months immediately preceding becoming a member of the classified service pursuant to Section 76060 or 81676 shall, without examination, be deemed to be a probationary classified employee of the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060). (Amended by Stats. 1995, Ch. 758, Sec. 194. Effective January 1, 1996.)
  198. 88020.5.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board must employ food service workers as part of the classified service.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88020.5. The governing board of a community college district shall employ persons for food service positions as a part of the classified service. (Added by Stats. 1990, Ch. 1372, Sec. 705.)
  199. 88021.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district board that requires a physical examination of classified employees must provide the exam, arrange it, or reimburse reasonable costs; it may also do so for preemployment exams.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88021. Whenever a governing board of a community college district requires a physical examination to be taken by a classified employee or employees, either by rule or by its direction or the direction of its authorized district administrator; or when classifed employees are required by law to submit to a physical examination for continuance in employment, the board shall either provide the required examination, cause it to be provided, or provide the employee with reasonable reimbursement for the required examination. If the governing board requires a physical examination or an examination is required by law as a condition of preemployment, it may cause the required examination to be given. It may, if an applicant is required to take a preemployment physical examination, provide for reasonable reimbursement if the applicant is subsequently employed by the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  200. 88022.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A community college district generally may not employ or keep employed a person convicted of a sex offense or controlled substance offense, but there is an exception if the conviction is reversed, the person is acquitted, or charges are dismissed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 51. EMPLOYEES [87000 - 88280] ( Part 51 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [88000 - 88040] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 88022. No person shall be employed or retained in employment by a community college district who has 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. Further, the governing board of a community college district may employ a person convicted of a controlled substance offense if the governing board of the district determines, from the evidence presented, that the person has been rehabilitated for at least five years. The governing board shall determine the type and manner of presentation of the evidence, and the determination of the governing board as to whether or not the person has been rehabilitated is final. (Amended by Stats. 1984, Ch. 1635, Sec. 38.)

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