Education Code — Part 51 | EDC — United States — California law | Esheria

Education Code

Part 51 of 57 · provisions 10,001–10,200

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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

Showing 200 of 11,236

  1. 88023.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 may not employ or keep employed a person who has been determined to be a sexual psychopath, unless that determination is later reversed or the proceeding is 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. ) ## 88023. No person shall be employed or retained in employment by a community college district who has been determined to be a sexual psychopath, as defined in Section 6300 of the Welfare and Institutions Code or under similar provisions of law of any other state. If, however, such a determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding, or the proceeding to determine whether he or she is a sexual psychopath is dismissed, this section does not prohibit his or her employment thereafter. (Amended by Stats. 1995, Ch. 758, Sec. 195. Effective January 1, 1996.)
  2. 88024.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 district governing boards must require fingerprint cards for nonacademic hires within 10 working days of employment, with DOJ processing and fee rules, subject to stated exemptions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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. ) ## 88024. The governing board of any community college district, within 10 working days of date of employment, shall require each person to be employed, or employed in, a nonacademic position to have two 8″× 8″ fingerprint cards bearing the legible rolled and flat impressions of that person’s fingerprints together with a personal description of the applicant or employee, as the case may be, prepared by a local public law enforcement agency having jurisdiction in the area of the district, which agency shall transmit the cards, together with the fee hereinafter specified, to the Department of Justice; except that a district, or districts with a common board, having a full-time equivalent student of 60,000 or more may process the fingerprint cards if the district so elects. “Local public law enforcement agency,” as used in this section and in Section 88025, includes a community college district with full-time equivalent students of 60,000 or more. Upon receiving the identification cards, the Department of Justice shall ascertain whether the applicant or employee has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department and shall forward that information to the local public law enforcement agency submitting the applicant’s or employee’s fingerprints at the earliest possible date. The Department of Justice may forward one copy of the fingerprint cards submitted to any other bureau of investigation it may deem necessary in order to verify any record of previous arrests or convictions of the applicant or employee. The governing board of each district shall forward a request to the Department of Justice indicating the number of current employees who have not completed the requirements of this section. The Department of Justice shall direct when the cards are to be forwarded to it for processing. Districts that previously have submitted identification cards for current employees to either the Department of Justice or the Federal Bureau of Investigation shall not be required to further implement the provisions of this section as it applies to those employees. A plea or verdict of guilty, or a finding of guilt by a court in a trial without a jury or forfeiture of bail, is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. The governing board shall provide the means whereby the identification cards may be completed and shall charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application. The amount of the fee shall be forwarded to the Department of Justice with two copies of applicant’s or employee’s fingerprint cards. The governing board may collect an additional fee not to exceed two dollars ($2) payable to the local public law enforcement agency taking the fingerprints and completing the data on the fingerprint cards. The additional fees shall be transmitted to the city or county treasury. If an applicant is subsequently hired by the board within 30 days of the application, the fee may be reimbursed to the applicant. Funds not reimbursed to applicants shall be credited to the general fund of the district. If the fingerprint cards forwarded to the Department of Justice are those of a person already in the employ of the governing board, the district shall pay the fee required by this section, which fee shall be a proper charge against the general fund of the district, and no fee shall be charged the employee. Notwithstanding the foregoing, substitute and temporary employees, employed for less than a school year, may be exempted from these provisions. This section shall not apply to a district, or districts with a common board, that has an average daily attendance of 400,000 or greater, or to a community college district wholly within a city and county, unless the governing board of the district or districts, by rule, provides for adherence to this section. (Amended by Stats. 1995, Ch. 758, Sec. 196. Effective January 1, 1996.)
  3. 88025.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 Department of Justice must provide certain information to a local public law enforcement agency when that agency applies for it, subject to Section 88024.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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. ) ## 88025. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in Section 88024, furnish, upon application of a local public law enforcement agency all information pertaining to any such person of whom there is a record in its office. (Enacted by Stats. 1976, Ch. 1010.)
  4. 88026.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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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    Classified employees generally have a 40-hour workweek and an 8-hour workday, with limited overtime and exemption 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. ) ## 88026. The workweek of a classified employee, as defined in Section 88033 or Section 88076, shall be 40 hours. The workday shall be eight hours. These provisions do not restrict the extention of a regular workday or workweek on an overtime basis when such is necessary to carry on the business of the district. Nothing in this section shall be deemed to bar the district from establishing a workday of less than eight hours or a workweek of less than 40 hours for all or any of its classified positions. Notwithstanding the provisions of this section and Section 88027, a governing board may, with the approval of the personnel commission, where applicable, exempt specific classes of positions from compensation for overtime in excess of eight hours in one day, provided that hours worked in excess of 40 in a calendar week shall be compensated on an overtime basis. Such exemption shall be applied only to those classes which the governing board and personnel commission, where applicable, specifically find to be subject to fluctuations in daily working hours not susceptible to administrative control, such as security patrol and recreation classes, but shall not include food-service and transportation classes. 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.)
  5. 88027.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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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    Each community college district board must set how ordered overtime is compensated and pay overtime at least at time-and-one-half, or provide compensatory time off at that 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 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. ) ## 88027. The governing board of each community college district shall provide the extent to which, and establish the method by which ordered overtime is compensated. The board shall provide for such compensation or compensatory time off at a rate at least equal to time and one-half the regular rate of pay of the employee designated and authorized to perform the overtime. Overtime is defined to include any time required to be worked in excess of eight hours in any one day and in excess of 40 hours in any calendar week. If a governing board establishes a workday of less than eight hours but seven hours or more and a workweek of less than 40 hours but 35 hours or more for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime. The foregoing provisions do not apply to classified positions for which a workday of fewer than seven hours and a workweek of fewer than 35 hours has been established, nor to positions for which a workday of eight hours and a workweek of 40 hours has been established, but in which positions employees are temporarily assigned to work fewer than eight hours per day or 40 hours per week when such reduction in hours is necessary to avoid layoffs for lack of work or lack of funds and the consent of the majority of affected employees to such reduction in hours has been first obtained. For the purpose of computing the number of hours worked, time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off, or other paid leave of absence shall be considered as time worked by the employee. 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.)
  6. 88028.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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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    If compensatory time off is used instead of cash compensation, it must be granted within 12 calendar months after the month the overtime was worked.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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. ) ## 88028. When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the month in which the overtime was worked and without impairing the services rendered by the employing 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.)
  7. 88029.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 personnel commission or governing board may classify certain positions as supervisory, administrative, or executive and exclude them from overtime if they are clearly management 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 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. ) ## 88029. Notwithstanding Sections 88026 and 88027, a personnel commission, when applicable, or a governing board of a community college district, may specify certain positions or classes of positions as supervisory, administrative, or executive and exclude the employees serving in those positions and the positions from the overtime provisions. To be excluded from the overtime provisions, the positions or classes of positions must clearly and reasonably be management positions. In approving positions or classes of positions for exclusion from the overtime provisions, the personnel commission, when applicable, or the governing board of a district, shall certify, in writing, that the duties, flexibility of hours, salary, benefit structure, and authority of the positions or classes of positions are of such a nature that they should be set apart from those positions that are subject to the overtime provisions, and that employees serving in the excluded positions or classes of positions will not be unreasonably discriminated against as a result of the exclusion. Notwithstanding the provisions of this section, if a person serving in an excluded position is required to work on a holiday, as provided for in this code, or by action of a governing board, he or she shall be paid, in addition to his or her regular pay for the holiday, compensation, or given compensating time off, at a rate not less than his or her normal rate of pay. 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. 1993, Ch. 139, Sec. 2. Effective July 19, 1993.)
  8. 8803.

    ## 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 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] ( Article 2 added by Stats. 1991, Ch. 759, Sec. 1. )

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    This section establishes the Healthy Start Support Services for Children Program Council and lists its required duties.

    ## 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 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] ( Article 2 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8803. In order to encourage the integration of children’s services, it is the intent of the Legislature to promote interagency coordination and collaboration among the state agencies responsible for the provision of support services to children and their families. Therefore, the Legislature hereby establishes the Healthy Start Support Services for Children Program Council, as follows: (a) Members of the council shall include the Superintendent, the agency secretary, and the directors of the State Department of Health Care Services and the State Department of Social Services. (b) Duties of the council shall include: (1) Developing, promoting, and implementing policy supporting the Healthy Start Support Services for Children Grant Program. (2) Assisting the lead agency in reviewing grant applications submitted to the lead agency and providing the lead agency with recommendations for awarding grants pursuant to Section 8804. (3) Soliciting input regarding program policy and direction from individuals and entities with experience in the integration of children’s services. (4) Assisting the lead agency in fulfilling its responsibilities under this chapter. (5) Providing recommendations to the Governor, the Legislature, and the lead agency regarding the Healthy Start Support Services for Children Grant Program. (6) At the request of the Superintendent, assisting the local educational agency or consortium in planning and implementing this program, including assisting with local technical assistance, and developing agency collaboration. (Amended by Stats. 2013, Ch. 22, Sec. 5. (AB 75) Effective June 27, 2013. Operative July 1, 2013, by Sec. 110 of Ch. 22.)
  9. 88030.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 classified employees get overtime pay at 1.5 times regular pay for work on the sixth or seventh day of the workweek, depending on their average daily 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. ) ## 88030. Notwithstanding Section 88026, the workweek shall consist of not more than five consecutive working days for any employee having an average workday of four hours or more during the workweek. Such an employee shall be compensated for any work required to be performed on the sixth or seventh day following the commencement of the workweek at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. An employee having an average workday of less than four hours during a workweek shall, for any work required to be performed on the seventh day following the commencement of his or her workweek, be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. Positions and employees excluded from overtime compensation pursuant to Section 88029 shall likewise be excluded from this section. 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. 197. Effective January 1, 1996.)
  10. 88033.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 bars age limits for classified-service employment, gives qualified applicants eligibility for appointment, and protects certain long-term district employees’ retirement 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 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. ) ## 88033. (a) Notwithstanding any other provisions of law, no minimum or maximum age limits shall be established for the employment or continuance in employment of persons as part of the classified service. (b) Any person possessing all of the minimum qualifications for any employment shall be eligible for appointment to that employment, and no rule or policy, either written or unwritten, heretofore or hereafter adopted, shall prohibit the employment or continued employment, solely because of the age of any such person in any community college employment who is otherwise qualified therefor. (c) No person shall be employed in community college employment while he or she is receiving a retirement allowance under any retirement system by reason of prior school or community college employment, except as provided in Article 5 (commencing with Section 21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the Government Code. (d) Subdivision (c) shall be inapplicable to persons who were employed in the classified service of any community college district as of September 18, 1959, and who are still employed by the same district on September 15, 1961, and the rights of those persons shall be fixed and determined as of September 18, 1959, and none of these persons shall be deprived of any right to any retirement allowance or eligibility for any such allowance to which he or she would have been entitled as of that date. Any such person who, by reason of any provision of law to the contrary, has been deprived of any right to retirement allowance or eligibility for such an allowance, shall, upon the filing of application therefor, be reinstated to those rights as he or she would have had, had this subdivision been in effect on September 18, 1959. (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. 2004, Ch. 183, Sec. 83. Effective January 1, 2005.)
  11. 88034.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 may employ a retired classified school employee, but only under the referenced Government Code article and despite subdivision (c) of Section 88033.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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. ) ## 88034. Notwithstanding the provisions of subdivision (c) of Section 88033, a retired classified school employee may be employed by a community college district, but only in accordance with the provisions of Article 5 (commencing with Section 21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the Government Code. 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.)
  12. 88035.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 classified employees are entitled to sick leave and other benefits, and part-time employees may receive prorated leave and 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 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. ) ## 88035. All probationary and permanent part-time classified employees shall be entitled to sick leave, and all other benefits conferred by law on classified employees. Part-time employees shall be entitled to all leaves and benefits granted by the governing board to a majority of the regular full-time employees in the classified service of the district or to regular full-time employees in the same classified positions or general class of positions; but such leaves and benefits may be prorated in the same ratio as the regular work hours per day, days per week, weeks per month, or months per year of such part-time employees bear to eight hours per day, 40 hours per calendar week, four calendar weeks per month, or 12 calendar months during the school year. Except for prorating benefits for part-time employees as herein authorized, the governing board shall provide at least the same benefits for all regular employees in the classified service as it provides for the majority of such employees. Nothing in this section shall be construed to prohibit the granting of additional benefits for some employees in recognition of nature of work, level of classification, or length of service. This section shall not apply to employees properly designated as substitute, short-term, or limited-term employees, as defined in Sections 88003 and 88105, unless such employees are specifically included by a governing board, or by a personnel commission for those districts included under the provisions of 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. This section shall not apply to those benefits authorized under the provisions of Article 1 (commencing with Section 53200) of Chapter 2 of Part 1, of Division 2 of Title 5 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  13. 88036.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 ↗

    Part-time and classified employees who work extra hours over specified limits must have certain assignments and benefit calculations adjusted to match the hours worked.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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. ) ## 88036. A classified employee who works a minimum of 30 minutes per day in excess of his or her part-time assignment for a period of 20 consecutive working days or more shall have his or her basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 88035. If a part-time employee’s average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his or her average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime. Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the college year in which the employee is assigned to duty. It is the intent of the Legislature, in enacting this section, to ensure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee, rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to be liberally construed in order that Section 88035 may not be circumvented by requiring employees to work in excess of the regularly fixed hours for a position on an overtime basis, but for which premium pay is not provided nor appropriate adjustment is not made in fringe benefit entitlement. (Amended by Stats. 1995, Ch. 758, Sec. 201. Effective January 1, 1996.)
  14. 88037.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 board may require classified personnel to wear a distinctive uniform, and the district must pay the related costs.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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. ) ## 88037. The governing board of any community college district may require the wearing of a distinctive uniform by classified personnel. The cost of the purchase, lease or rental of uniforms, equipment, identification badges, emblems, and cards required by the district shall be borne 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.)
  15. 88038.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 board may adopt rules letting classified employees move from full-time to part-time work if they meet specified age, service, and request conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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. ) ## 88038. Notwithstanding any other provision of this part, the governing board of a community college district may establish regulations which allow their classified 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 classified employees wish to reduce their workload and maintain retirement benefits pursuant to Section 20819 of the Government Code: (a) The classified employee shall have reached the age of 55 prior to reduction in workload. (b) The classified employee shall have been employed full time in a classified position for at least 10 years of which the immediately preceding five years were full-time employment. (c) During the period immediately preceding a request for a reduction in workload, the classified employee shall have been employed full time in a classified position for a total of at least five years without a break in service. (d) The option of part-time employment shall be exercised at the request of the classified employee and can be revoked only with the mutual consent of the employer and the classified employee. (e) The classified employee shall be paid a salary which is the pro rata share of the salary he or she would be earning had he or she not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which he or she makes the payments that would be required if he or she remained in full-time classified employment. The classified employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time classified employee. (f) The minimum part-time employment shall be the equivalent of one-half of the number of days of service required by the classified employee’s contract of employment during his or her final year of service in a full-time classified position. (g) The period of the part-time classified employment shall not exceed five years. (h) The period of the part-time classified employment shall not extend beyond the end of the school year during which the classified employee reaches his or her 70th birthday. (Added by Stats. 1990, Ch. 658, Sec. 2. Effective September 12, 1990.)
  16. 8804.

    ## 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 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] ( Article 2 added by Stats. 1991, Ch. 759, Sec. 1. )

    Verify source ↗

    The superintendent must award and administer Healthy Start grants to eligible local educational agencies or consortia, and applicants must submit applications and meet the section’s matching and timing rules.

    ## 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 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] ( Article 2 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8804. The superintendent shall award grants to a local educational agency or consortium to pay the costs of planning and operating, on behalf of one or more qualifying schools within the local educational agency or consortium, programs that provide support services to pupils and their families at or near the school, as follows: (a) Grants shall be awarded by the superintendent based upon the recommendations of the council and pursuant to this section. (b) Two types of grants may be awarded to applicant local educational agencies or consortia, depending upon the level of readiness of that applicant to implement a program pursuant to this chapter. The superintendent shall issue requests for applications for awarding the grants, which shall specify maximum dollar amounts for which each type of grant may be awarded. The requests for applications also shall specify other criteria, as required by this article. The superintendent shall award those grants as follows: (1) Planning grants may be awarded to local educational agencies or consortia that have demonstrated a need to implement a program, but that are not ready to begin the operation of the program, or that are in need of additional planning to expand existing support services programs. Planning grants shall be no more than fifty thousand dollars ($50,000) and shall be awarded for a period not to exceed two years. Upon completion of the planning phase, the local educational agency or consortium shall be eligible to apply for and may receive an operational grant. (2) Operational grants may be awarded to local educational agencies or consortia that have demonstrated readiness to begin operation of a program or to expand existing support services programs. Operational grants shall supplement, not supplant, existing services and funds, and shall be awarded for a period not to exceed five years. (A) Operational grants shall be awarded for no more than three hundred thousand dollars ($300,000). No more than 50 percent of each grant shall be available for expenditure on direct services, as long as the grant application contains a three-year plan to significantly reduce or to eliminate agency reliance on funding provided under this article for direct services. Direct services do not include salaries for staff who are developing or implementing the program. (B) Recipients of operational grants may also receive one-time startup grants, which may be used, among other things, for purchasing equipment, hiring staff, designing a program evaluation, or hiring a consultant. Startup grants shall be awarded for not more than one hundred thousand dollars ($100,000). (3) If a local educational agency or consortium submits an application for an operational grant on behalf of a school that does not meet the criteria specified in subdivision (g), (h), (i), or (j), the superintendent may offer the applicant a planning grant, provided that the local educational agency or consortium has not received previously a planning grant on behalf of that school. (c) All grants awarded under this article shall be matched by the participating local educational agency or consortium and its cooperating agencies with one dollar ($1) for each four dollars ($4) awarded. The match shall be contributed in cash or as services or resources of comparable value. It is the intent of the Legislature that participants seek and utilize private funds or resources for this purpose. The superintendent may waive the match requirement upon verifying that the local educational agency or consortium made a substantial effort to secure a match but was unable to secure the required match. (d) The superintendent shall award grants pursuant to this article to local educational agencies or consortia in northern, central, and southern California, in urban, suburban, and rural areas. To the extent possible, the grants shall be awarded for programs representative of the ethnic and linguistic diversity of schoolage pupils and their families. Further, to the extent possible, 50 percent of the grants shall be awarded to schools serving elementary school pupils and 50 percent to schools serving junior and senior high school pupils. (e) Of the schools that receive grants each year, not more than 10 percent may be selected based on the criteria identified in paragraph (3) of subdivision (g) of Section 8802. (f) A local educational agency or consortium is eligible for a grant under this article, on behalf of one or more schools operated by the agency or consortium, if it demonstrates in its program plan that it: (1) Will give priority for services provided under this chapter to pupils from low-income families. (2) Will assist families in responding to support services needs of pupils. (3) Has established the local agency collaboration process described in Article 4 (commencing with Section 8806), including a mechanism for sharing governance with cooperating agencies and entities, and for integrating or redirecting existing resources and other school support services. (4) Has submitted or is submitting an application to the State Department of Education and the State Department of Health Services for certification as a Medi-Cal provider, pursuant to Section 14000, and following, of the Welfare and Institutions Code. (5) Involves parents or guardians and teachers in the process of identifying pupils’ service needs and in the planning for and provision of support services. (g) For purposes of this chapter, support services shall include case-managed health, mental health, social, and academic support services benefiting children and their families, and may include, but are not limited to: (1) Health care, including: (A) Immunizations. (B) Vision and hearing testing and services. (C) Dental services. (D) Physical examinations, diagnostic, and referral services. (E) Prenatal care. (2) Mental health services, including primary prevention, crisis intervention, assessments, and referrals, and training for teachers in the detection of mental health problems. (3) Substance abuse prevention and treatment services. (4) Family support and parenting education, including child abuse prevention and schoolage parenting programs. (5) Academic support services, including tutoring, mentoring, employment, and community service internships, and inservice training for teachers and administrators. However, grants for these purposes shall supplement, not supplant, existing resources in these areas. (6) Counseling, including family counseling and suicide prevention. (7) Services and counseling for children who experience violence in their communities. (8) Nutrition services. (9) Youth development services, including tutoring, mentoring, recreation, career development, and job placement. (10) Case management services. (11) Provision of onsite Medi-Cal eligibility workers. (h) A local educational agency or consortium may contract with other entities, including county agencies and private nonprofit organizations or private partners, to provide services to pupils and their families. (i) Each local educational agency or consortium seeking a grant under this article shall submit an application to the superintendent at a time and manner, and with any appropriate information, as the superintendent may reasonably require. Each grant application submitted shall include all of the following: (1) A description of the proposed programs, including four or more support services expected to be provided at the schoolsite or at a site near, or adjacent to, the school. (2) Documentation of need for participation in the Healthy Start Support Services for Children Grant Program. (3) Documentation of need for planning assistance, program operation support, or both. (4) As to any operational grant application, a description of the objectives of the program, the amount and sources of required funding, the existing resources to be used or redirected, the priorities for development and timing of the program, the agencies responsible for the implementation of the program, and the procedures for the evaluation of the program. The program plan submitted with an operational grant application shall include all of the following: (A) Provisions for data collection and recordkeeping, including records of the population served, the components of the service, the results of the service, and costs, including startup, direct, and indirect costs, including those to other agencies, and cost savings. (B) A service evaluation component, including input, process, and outcome indicators, quality assessment, and the process by which these measures will be taken. In addition, the plan shall include specific targets and outcome measures. (C) A specific governing mechanism by which the plan will be implemented, including local decisionmaking responsibilities, organizational needs, anticipated problems and procedures to solve them, and incentives for collaboration and participation incentives to personnel. (D) A specific system for the provision of case management services, including procedures for implementation, identification of the target population, anticipated outcomes, and a list of existing services, resources, and programs that will be used as components of the program. (5) In the case of a consortium, a list of its members. (6) The grant application also shall document any procedures that have been, or will be, taken to designate the local educational agency as a Medi-Cal provider pursuant to Section 14000, and following, of the Welfare and Institutions Code. (7) A description of technical assistance, professional growth, and development needs, if any. (8) A description of the proposed plan for family involvement in the program. (9) A description of the population anticipated to be served. (10) As to any planning grant application, a plan describing how the proposed program will be implemented after the grant has expired. (j) Grants awarded pursuant to this article may be used for salaries of staff responsible for developing or implementing the program plan and administrative support staff, equipment and supplies, training, and insurance, pursuant to subdivision (b). (k) No more than 10 percent of the amount appropriated in a fiscal year for the purposes of this chapter may be used by the superintendent for state-level administration of this chapter, including evaluation and technical assistance. Technical assistance includes, but is not limited to, establishing interagency collaboration, providing information dissemination and referrals, including information about appropriate program models, conducting site visits, and convening workshops to assist in the implementation of a program developed pursuant to this chapter. (1) Of the amount provided in the annual Budget Act for state-level administration, up to 75 percent may be used for the purpose of outreach and technical assistance to local educational agencies. The remainder shall be used for state-level program administration. (2) The superintendent shall ensure that adequate resources are available to conduct an evaluation pursuant to subdivision (b) of Section 8805. (l) Commencing in the 1992 calendar year, and each subsequent year for which funding is available, grants shall be awarded according to the following schedule: (1) The superintendent shall issue requests for applications on or before November 1. (2) Grant applications shall be submitted to the superintendent on or before March 1. (3) The superintendent shall award grants on or before May 15. (Amended by Stats. 1997, Ch. 172, Sec. 1. Effective January 1, 1998.)
  17. 8804.5.

    ## 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 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] ( Article 2 added by Stats. 1991, Ch. 759, Sec. 1. )

    Verify source ↗

    The department may award Healthy Start planning and coordinating grants, but only within annual limits and subject to priority and collaboration requirements.

    ## 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 2. Healthy Start Support Services for Children Program Council and Grant Program [8803 - 8804.5] ( Article 2 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8804.5. (a) The Legislature finds and declares that, as the number of planning and operational grants awarded pursuant to this chapter increases, additional local planning and coordinating efforts will be necessary among school districts, county offices of education, county governments, community organizations, and nonprofit organizations for all of the following reasons: (1) To avoid the duplication of efforts among agencies that administer the grants. (2) To develop linkages between several school districts, individual county agencies, statewide organizations, or nonprofit organizations. (3) To disseminate training and technical assistance materials developed by the department and other involved organizations. (4) To plan for, and ensure, the continued ability of local educational agencies or consortia to provide support services with an operational grant, including planning and supporting the funding of those services beyond the three-year grant period through such means as Medi-Cal. (5) To plan for, and ensure, the expansion of support services provided with an operational grant through creative refinancing options and the provision of comprehensive, integrated school-linked services to sites that do not receive planning or operational grants. (b) From funds appropriated in the annual Budget Act for the Healthy Start Support Services for Children Act, the department may award county or regional planning and coordinating grants to no more than 11 local educational agencies or consortia each year, to be used for the purposes enumerated in subdivision (a). Each grant shall be for an amount not to exceed fifty thousand dollars ($50,000). The total amount of grants awarded annually pursuant to this section shall not exceed five hundred fifty thousand dollars ($550,000). The duration of each grant shall be mutually agreed upon by the grantee and the department. (c) In awarding grants for the purposes of this section, the department shall give priority to local educational agencies or consortia that possess one or more of the following: (1) An established capacity for leadership in the community and an ability to engage in local problem solving and to creatively approach the restructuring of service delivery methods. (2) A demonstrated ability to work with and among service delivery agencies and systems, including county mental health, health, probation, and social service systems. (3) The capacity to support county and regional planning and coordination efforts to be more responsive to the needs of children and their families in providing support services. (4) Knowledge of the most effective strategies for refinancing grants and for integrating services between and among agencies. (d) A local educational agency or consortia shall collaborate with local service delivery agencies and existing collaborative councils in implementing a grant received pursuant to this section. (Added by Stats. 1994, Ch. 1239, Sec. 4. Effective January 1, 1995.)
  18. 88040.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 governing board may set classified employees’ workday and workweek schedules if it gets the required concurrence, and overtime must be paid for hours above the required workday or a 40-hour workweek when a schedule is set under this 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 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. ) ## 88040. (a) (1) Notwithstanding Section 88026, the governing board of a community college district may establish the workday and workweek schedules of classified employees with the concurrence of the employee organization, or in the absence of an employee organization, the concurrence of the affected employee. (2) Notwithstanding Section 88027, if the governing board of a community college district establishes a workday or workweek schedule, or both, pursuant to this section, the overtime rate shall be paid for all hours worked in excess of the required workday or a workweek of 40 hours. (b) This section applies 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. 1994, Ch. 476, Sec. 1. Effective January 1, 1995.)
  19. 8805.

    ## 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 3. Healthy Start Support Services for Children Grant Program Evaluations and Reports [8805- 8805.] ( Article 3 added by Stats. 1991, Ch. 759, Sec. 1. )

    Verify source ↗

    Certain grant recipients must file a report with the superintendent by January 1 after their first full year of operation.

    ## 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 3. Healthy Start Support Services for Children Grant Program Evaluations and Reports [8805- 8805.] ( Article 3 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8805. The Legislature finds that an evaluation of plan effectiveness is both desirable and necessary, and accordingly requires the following: (a) No later than January 1 of the year following a full year of operation, each local educational agency or consortium that receives an operational grant under this chapter shall submit a report to the superintendent that includes: (1) An assessment of the effectiveness of that local educational agency or consortium in achieving stated goals in the planning and/or operational phase. (2) Problems encountered in the design and operation of the Healthy Start Support Services for Children Grant Program plan, including identification of any federal, state, or local statute or regulation that will impede program implementation. (3) Recommendations for ways to improve delivery of support services to pupils. (4) The number of pupils who will receive support services who previously have not been served. (5) The potential impact of the program on the local educational agency or the consortium, including any anticipated increase in school retention and achievement rates of pupils who receive support services. (6) An accounting of anticipated local budget savings, if any, resulting from the implementation of the program. (7) Client and practitioner satisfaction. (8) The ability, or anticipated ability, to continue to provide services in the absence of future funding under this chapter, by allocating resources in ways that are different from existing methods. (9) Increased access to services for pupils and their families. (10) The degree of increased collaboration among participating agencies and private partners. (11) If the local educational agency or consortium received certification as a Medi-Cal provider, the extent to which the certification improved access to needed services. (b) Additional annual evaluations may be required as designated by the superintendent. (Amended by Stats. 2003, Ch. 552, Sec. 9. Effective January 1, 2004.)
  20. 88050.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines the phrase “a district whose full-time equivalent student is 3,000 or greater” to include a district that is the only district in the county superintendent’s territory, no matter its student count.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88050. As used in this article, “a district whose full-time equivalent student is 3,000 or greater” shall be construed to include any district which is the only district in the territory under the jurisdiction of the county superintendent of schools regardless of its full-time equivalent student. (Amended by Stats. 1995, Ch. 758, Sec. 202. Effective January 1, 1996.)
  21. 88051.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees in eligible community college districts may petition for a merit-system election, and the district board must run the election process with notice, a secret ballot, and a tabulation committee.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88051. (a) (1) On or after November 8, 1967, the classified employees of a community college district whose full-time equivalent student is 3,000 or greater, in accordance with this article, may petition the governing board of the community college district to make Article 3 (commencing with Section 88060) applicable to the community college district. That petition shall read substantially as follows: “We, the undersigned classified employees of the _____ (name of community college district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to election the question of whether or not the merit (civil service) system shall become applicable to this district. NAME POSITION CLASSIFICATION ” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service, as defined in Section 88003. (b) Within 120 days after receipt of the petition the governing board of the community college district shall do all of the following: (1) Obtain the services of competent and qualified persons to present the pros and cons of the issue. Notwithstanding this paragraph, the classified employees who submitted the petition may select the person or persons to present the proponent position on the issue. (2) Provide adequate and ample opportunity for all of its classified personnel to attend one or more meetings at which the issue is presented. (3) (A) Having complied with paragraphs (1) and (2), conduct an election by secret ballot of its classified personnel to determine whether or not they desire to make the merit system applicable to the community college district. The ballot shall read: “Shall the merit (civil service) system for classified employees be applicable in the ____________ (name of community college district)? ☐ Yes ☐ No” (B) Although the ballot shall not require the employees’ signatures or other personal identifying requirements, the governing board of the community college district shall devise an identification system to ensure against fraud in the balloting process while also ensuring ballot secrecy. (c) (1) The governing board of the community college district shall appoint a three- or five-person tabulation committee, at least one member of which shall be a member of the governing board of the community college district and at least one member of which shall be a classified employee designated by the largest exclusive representative of classified employees within the community college district, to canvass the ballots and present the results to the governing board of the community college district. No representative of the community college district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. If a simple majority votes in favor of the merit system, that system shall become applicable in the community college district. (2) The tabulation committee shall certify the results of the election to the governing board of the community college district at the next regular or special meeting of the governing board of the community college district following the date the committee completes tabulation of the votes. If the tabulation committee completes the tabulation on the same day that the governing board of the community college district meets in regular or special session, the committee shall certify the results of the election to the governing board of the community college district at that meeting. (d) If the community college district communicates with classified employees in opposition to adopting the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the community college district to communicate in favor of that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on adopting the system. (e) All election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 3. (AB 289) Effective January 1, 2022.)
  22. 88052.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Article 3 applies to classified employees after the election is certified, becomes fully effective when at least two personnel commission members are appointed, and the commission must immediately adopt the district’s existing classified-personnel rules if they are not inconsistent 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88052. Effective upon certification to a governing board by a tabulating committee that an election, as authorized in Section 88051 of this code, has been successful, all of the provisions of Article 3 (commencing with Section 88060) that can reasonably be construed to be applicable to classified employees shall be applicable. All of the provisions of Article 3 (commencing with Section 88060) shall become fully effective upon appointment of at least two members of the personnel commission. The commission shall immediately adopt existing rules and regulations of the district relating to classified personnel pending the establishment of its rules and which are not inconsistent with law. (Enacted by Stats. 1976, Ch. 1010.)
  23. 88053.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board with fewer than 3,000 full-time equivalent students may adopt the Article 3 procedure by majority vote.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88053. The governing board of a community college district whose full-time equivalent student is less than 3,000, by affirmative vote of a majority of its members, may adopt the procedure set forth in Article 3 (commencing with Section 88060). The motion or a resolution for adoption of the system shall specify the date that Article 3 (commencing with Section 88060) shall be applicable to the classified employees of the district, which shall not be later than July 1 next following the date of adoption. (Amended by Stats. 1995, Ch. 758, Sec. 204. Effective January 1, 1996.)
  24. 88054.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying community college district board may adopt the Article 3 procedure if the stated conditions are met, and any adoption document must set the effective date no later than July 1 after adoption.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88054. The governing board of a community college district whose full-time equivalent student is 3,000 or more, by affirmative vote of a majority of its members, may adopt the procedure set forth in Article 3 (commencing with Section 88060), if a lawful petition has not been received as authorized in Section 88051, or may adopt the procedure at any time after a two-year period has elapsed following an unsuccessful election conducted in accordance with Section 88051. The motion, order, or resolution for adoption of the procedure shall specify the date that Article 3 (commencing with Section 88060) shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Amended by Stats. 1995, Ch. 758, Sec. 205. Effective January 1, 1996.)
  25. 88055.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If an election fails to get a simple majority affirmative vote, the district’s classified employees may not petition for another election for at least two years after the last election.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88055. When an election has been held, as authorized in this article, and fails to receive a simple majority affirmative vote, the classified employees of that district may not again petition for an election until at least two years has elapsed since the last election. (Enacted by Stats. 1976, Ch. 1010.)
  26. 88056.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person who intimidates, coerces, or discriminates against a classified employee because the employee did an authorized act is personally liable for damages, including possible exemplary damages.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88056. Any person who intimidates, coerces, or discriminates in any way against any classified employee for the doing of any act authorized herein shall be personally liable to such employee for all damages suffered thereby and such exemplary damages as the court may allow. (Enacted by Stats. 1976, Ch. 1010.)
  27. 88057.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may adopt Article 3 after a qualifying petition and ballot vote, and the ballot measure must set the effective date by the required deadline.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 2. Inclusion in the Merit System [88050 - 88057] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 88057. The procedure set forth in Article 3 (commencing with Section 88060) may also be adopted by a majority of the voting electors of the community college districts assenting to the plan after it has been placed on the ballot upon the written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the governing board. The question of adoption shall be placed on the ballot at the next regular governing board member election, or the next primary or general election in a general election year, whichever is earlier, after receipt of the petition by the registrar of voters. The ballot measure shall specify the date that Article 3 (commencing with Section 88060) shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Amended by Stats. 1995, Ch. 758, Sec. 206. Effective January 1, 1996.)
  28. 8806.

    ## 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 4. Local Agency Collaboration [8806- 8806.] ( Article 4 added by Stats. 1991, Ch. 759, Sec. 1. )

    Verify source ↗

    Grant applicants must set up ongoing consultation and collaboration procedures, and some proposals or activities need approval from the county council first.

    ## 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 4. Local Agency Collaboration [8806- 8806.] ( Article 4 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8806. (a) Each local educational agency or consortium applying for a grant under this chapter shall establish procedures to ensure on-going consultation and collaboration with local agencies for the purposes set forth in subdivision (c). The consultation and collaboration process shall involve, at a minimum, parents or guardians and teachers of pupils of qualifying schools and representatives of each member agency or private partner who will provide, or is anticipated to provide, services pursuant to this chapter. (b) If the local educational agency or consortium is located within a county that has established an interagency children’s services coordinating council pursuant to Chapter 12.8 (commencing with Section 18986), of Part 6 of Division 9 of the Welfare and Institutions Code, any Healthy Start Support Services for Children Grant Program proposal submitted under this chapter first shall be approved by that council. The implementation of any program developed pursuant to this chapter shall be subject to the regular review of the interagency children’s services coordinating council. The local educational agency or consortium may engage in those activities authorized pursuant to Article 3 (commencing with Section 18986.20) of Chapter 12.8 of Part 6 of Division 9 of the Welfare and Institutions Code provided that the interagency children’s services coordinating council first approves those activities. The interagency children’s services coordinating council or its members may be designated to fulfill the responsibilities of the consultation and collaboration process required by this article. (c) Responsibilities of individuals designated for consultation and collaboration by the local educational agency or consortium shall include, but not be limited to, the following: (1) Participate in the development of the program during the planning stages. (2) Participate with the local educational agency or consortium in the design and operation of the program. (3) Facilitate communication between the local educational agency or consortium and state, local, and community-based organizations providing support services to children. (4) Make recommendations to appropriate organizations regarding ways to improve delivery of support services to children, and in the most cost-effective manner. (Amended by Stats. 1992, Ch. 157, Sec. 4. Effective July 9, 1992.)
  29. 88060.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district that adopts this article must have the personnel commission appointed in the specified manner, and the personnel commission must appoint the personnel director after at least two members have been appointed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88060. Any community college district adopting the provisions of this article in accordance with Section 88052 or 88057 of this chapter shall cause the personnel commission to be appointed in the manner prescribed in Sections 88065, 88066 and 88067. The personnel commission shall appoint the personnel director in the manner provided in Section 88084 after appointment of at least two of its members. (Enacted by Stats. 1976, Ch. 1010.)
  30. 88061.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Where this article applies, the governing board must employ, pay, and otherwise control nonacademic staff services under the article, and it may not remove a position from classified service unless minimum qualifications have been established by the board of governors under Section 87356.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88061. In any district in which the procedure set forth in this article has been incorporated the governing board shall employ, pay, and otherwise control the services of persons in nonacademic positions in accordance with the provisions of this article. No governing board shall remove a position from the classified service by title assignment or otherwise unless the position is one for which minimum qualifications have been established by the board of governors pursuant to Section 87356. (Amended by Stats. 1990, Ch. 1302, Sec. 185. Effective September 25, 1990.)
  31. 88063.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district that has adopted this article must have a personnel commission, and the district’s governing board may change that commission from three members to five, or from five to three, if the required vote and agreement 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88063. In any district that has adopted the provisions of this article there shall be appointed a personnel commission composed of either three or five members. The governing board of any community college district, by a majority vote, and with the agreement of the existing personnel commission of the district, if that commission is in existence, may elect to increase the membership of the personnel commission from three to five members or to decrease the membership from five to three members. If two or more districts are under the jurisdiction of governing boards of identical personnel, only one commission shall be appointed. In those cases this article shall apply alike to all of the districts, and the expenses of the commission shall be paid out of the general funds of all of the districts in proportion to the benefits derived therefrom as determined by the governing board. (Amended by Stats. 1993, Ch. 1296, Sec. 34. Effective October 11, 1993.)
  32. 88063.5.

    ## 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain community college district separation cases, employees in nonacademic positions keep their rights as though the separation had not happened, but only within the district where they worked when the board acted.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88063.5. Notwithstanding Section 88063 or any other provision of law, in the case of a community college district that was formerly under the jurisdiction of governing boards of identical personnel for both the community college district and a unified district and that had a majority of its population within an incorporated city which had a population between 70,000 and 75,000 as of the 1950 census, and where the governing board, by affirmative vote of the majority of its members, made this article applicable to each of the districts individually and separately, the rights of persons employed in nonacademic positions shall continue in the same manner as if the separation had not occurred, except that the rights shall be limited to the district in which the person is employed on the day the action was taken by the governing board. For purposes of determining seniority, employment shall be deemed to have commenced as of the date of original employment in either the unified district or the community college district. (Amended by Stats. 1995, Ch. 758, Sec. 207. Effective January 1, 1996.)
  33. 88064.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person can be appointed or reappointed to the commission only if they are a registered voter and resident in the district and are known to support the merit system.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88064. (a) To be eligible for appointment or reappointment to the commission, a person shall meet both of the following requirements: (1) Be a registered voter and resident within the territorial jurisdiction of the community college district. (2) Be a known adherent to the principle of the merit system. (b) No member of the governing board of any community college district or a county board of education shall be eligible for appointment, reappointment, or continuance as a member of the commission. During his or her term of service, a member of the commission shall not be an employee of the district. (c) As used in this section, “known adherent to the principle of the merit system,” with respect to a new appointee, shall mean a person who by the nature of his or her prior public or private service has given evidence that he or she supports the concept of employment, continuance in employment, in-service promotional opportunities, and other related matters on the basis of merit and fitness. As used in this section, “known adherent to the principle of the merit system,” with respect to a candidate for reappointment, shall mean a commissioner who has clearly demonstrated through meeting attendance and actions that he or she does, in fact, support the merit system and its operation. (Amended by Stats. 1998, Ch. 954, Sec. 23. Effective January 1, 1999.)
  34. 88065.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The district governing board appoints commission members, including members nominated by classified employees; in a five-member personnel commission, four members appoint the fifth.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88065. One member of the commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of the district, shall be appointed by the governing board of the district. Those two members shall, in turn, appoint the third member. As used in this section, “classified employees” shall mean an exclusive representative which represents the largest number of classified employees in a unit or units within the district. If there is no such exclusive representative within the district the governing board shall, by written rule, prescribe the method by which the recommendation is to be made by its classified employees. In any community college district which has a five-member personnel commission, two members of the commission shall be appointed by the governing board of the district and two members, nominated by the classified employees of the district, shall be appointed by the governing board of the district. Those four members of the personnel commission shall, in turn, appoint the fifth member to the commission. (Amended by Stats. 1990, Ch. 1302, Sec. 187. Effective September 25, 1990.)
  35. 88066.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets deadlines and procedures for public appointment announcements and hearings for classified employee commission vacancies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88066. (a) Within 30 days after adoption of the system the governing board shall publicly announce its intended appointee, and the appointee or appointees, as appropriate, nominated by its classified employees. As soon after their appointment as practicable but within 30 days, the appointed members shall announce their intended appointee for the third or fifth member, as appropriate. They may consider the recommendations of the governing board, the classified employees, or other concerned citizens. If these members do not announce their intended appointee within the 30-day period, the Chancellor of the California Community Colleges shall make the appointment. “Adoption of the system” means, in the case of Section 88051, the day on which a successful election is certified to the governing board or, in the case of Section 88054, the day the governing board approves a motion, order, or resolution to adopt the system regardless of the date specified for operational commencement of the system. (b) Where a system is already in existence and a vacancy will exist on December 1, by not later than September 30: (1) The governing board shall publicly announce the name of the person it intends to appoint or reappoint, if the vacancy is its appointee. (2) The appointee or appointees, as appropriate, of the governing board and the appointee or appointees of the classified employees shall publicly announce the name of the person they intend to appoint, if the vacancy is their appointee. If the governing board and the classified employees of the district are unable to agree upon a nomination by September 30, the Chancellor of the California Community Colleges shall make the appointment within 30 days. (c) Where a system is already in existence and a vacancy in a position nominated by the classified employees will occur, the classified employees shall submit the name of its nominee to the governing board at least 30 days prior to the date on which the vacancy will occur and the governing board shall appoint that nominee to be effective on the date on which the vacancy would occur. (d) At a board meeting to be held after 30 and within 45 days of the dates specified in subdivision (a) and paragraph (1) of subdivision (b), as the case may be, the governing board in open hearing shall provide the public and employees and employee organizations the opportunity to express their views on the qualifications of those persons recommended by the governing board for appointment. The board at the time may make its appointment or may make a substitute appointment or recommendation without further notification or public hearing. In the case of the nominees of the classified employees, the board shall appoint the nominee, unless the classified employees voluntarily withdraw the name of the nominee and submit the name of a new nominee. In the latter case, the board shall then appoint the new nominee. (e) In the event a vacancy exists because of a failure of the classified employees to agree on a nominee, the board may make an emergency appointment as authorized in subdivision (b) of Section 88065. If there is no personnel director, the board may nevertheless make an emergency interim appointment under this subdivision. (f) At the next regularly scheduled personnel commission meeting to be held after 30 days from adoption of the system, as specified in subdivision (a), or at the next regularly scheduled personnel commission meeting to be held after 30 days from the day the intended appointee is announced, as specified in paragraph (2) of subdivision (b), as the case may be, the appointee or appointees of the governing board and the appointee or appointees nominated by the classified employees shall, in an open hearing, provide the public and employees and employee organizations the opportunity to express their views on the qualifications of each candidate recommended for the vacancy. Each candidate shall be invited to this meeting. The appointee or appointees of the governing board and the appointee or appointees nominated by the classified employees may make their appointment or may make a substitute appointment or recommendation without further notification or public hearing. (g) A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed, but for no more than 90 calendar days. This subdivision shall become operative on January 1, 1994. (Amended by Stats. 1993, Ch. 1296, Sec. 35. Effective October 11, 1993.)
  36. 88067.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets when commission appointees take office and how long their terms run, and it lets a commission act once a minimum number of members has been appointed.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88067. Appointees to a commission in a district which has newly adopted the system shall take office upon receipt of notification of the appointment but the term of office shall run from noon of the first day of December next succeeding. In community college districts with a three-member personnel commission, the initial appointee of the governing board shall serve a three-year term, and the term of the appointee recommended by classified employees and the third member selected by the other two members shall be for two years and one year respectively. In community college districts which have elected to establish a five-member personnel commission, one of the initial appointees of the governing board, and one of the initial appointees nominated by the classified employees shall serve three-year terms. The term of the other initial appointee of the governing board and the other initial appointee nominated by the classified employees of the district, shall be for two years, and the term of the appointee selected by the other members of the commission shall be for one year. Subsequent terms shall be for three years commencing at noon the first day of December. A three-member commission may perform any act authorized or required by law when two members have been appointed. A five-member commission may perform any act authorized or required by law when three members have been appointed. (Amended by Stats. 1985, Ch. 723, Sec. 13.)
  37. 88068.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section says who must fill later vacancies, how interim appointments are made, and that interim appointments cannot last more than 60 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88068. (a) Appointment to vacancies occurring subsequent to the initial appointment shall be made by the original appointing authority either for a new full term or to fill an unexpired term. The procedures required in Sections 88065 and 88066 shall be followed in the appointment and recommendation for appointment to fill vacancies occurring subsequent to the initial appointments. (b) Notwithstanding subdivision (a) the governing board at the request of the personnel director shall declare that an emergency exists and shall make an interim appointment to fill a vacancy or vacancies to insure the continuance of the functions of the personnel commission. An interim appointment shall terminate on the date the notification of permanent appointment is received by the appointee. (c) An interim appointee must meet the requirements of Section 88064 and be free of the restrictions contained therein. (d) An interim appointment in no event shall be valid for more than 60 days. (Enacted by Stats. 1976, Ch. 1010.)
  38. 88069.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets certain classified employees petition for an election on how personnel commission members are appointed, and sets deadlines for the governing board and Chancellor to act.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88069. (a) (1) After January 1, 2001, the classified employees of any community college district that has already adopted this article on September 17, 1965, may, in accordance with this article, petition the governing board to request that the process to determine how personnel commission members are appointed be determined by a majority vote of the classified employees entitled to vote. That petition shall read substantially as follows: “We, the undersigned classified employees of the ____ (name of community college district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to an election the question of how personnel commission members shall be appointed. NAME ____ POSITION CLASSIFICATION ____” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service as defined in Section 88001. (b) (1) Within 90 days after receipt of a petition pursuant to subdivision (a), the governing board shall conduct an election by secret ballot of its classified personnel to determine the following question and the ballot shall read: “Shall personnel commission members in the ____ (name of community college district) be appointed as follows: (A) One member appointed by the governing board of the district. (B) One member appointed by the classified employees of the district. (C) Those two members shall, in turn, appoint the third member. ____ Yes ____ No” (2) Although the ballot conducted pursuant to paragraph (1) shall not require the employees’ signatures or other personal identifying requirements, the governing board shall devise an identification system to ensure against fraud in the balloting process. (3) The governing board shall appoint a three- to five-person tabulating committee. At least one member of the committee shall be a member of the governing board, to canvass the ballots and present the results to the governing board and one member shall be a classified employee nominated by the exclusive representative of the classified employees of the district. If a simple majority votes in favor of the process for appointing personnel commission members, that process shall become applicable in the district as follows: (A) The first vacancy on the commission shall be filled by a person nominated by the classified employees of the district. (B) The second vacancy on the commission shall be filled by a person appointed by the governing board of the district. (C) The third vacancy of the commission shall be appointed by the first two members. (4) If the ballot conducted pursuant to paragraph (2) fails to pass, personnel commission members shall be appointed in accordance with the procedure described in subdivision (c), and a petition by the classified employees for another election shall not occur sooner than two years after an election. (c) (1) Subject to subdivisions (a) and (b), in a community college district that has already adopted this article on September 17, 1965, members of the personnel commission shall be appointed by the Chancellor of the California Community Colleges who shall consider the recommendation of the governing board and other interested parties. (2) If the governing board and the personnel commission of a community college district elect to increase the personnel commission from three to five members, the Chancellor of the California Community Colleges shall make one of the additional appointments. Subsequent appointments shall be made in accordance with this section. (3) No later than 90 days before making the appointment, the Chancellor of the California Community Colleges shall notify the classified employees and the governing board in writing of the vacancy on the personnel commission and provide them with guidelines and procedures for making a recommendation and challenging a nomination. If a vacancy occurs during the term of a member of the personnel commission, the chancellor may appoint a new member after providing the foregoing notice no later than 30 days before making the appointment. (4) A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed but for no more than 90 calendar days. (d) As used in this section, “classified employees” means an organization of classified employees that represents the greatest number of classified employees of the district as determined by the board. If no organization exists within the district, the governing board, by written rule, shall prescribe the method by which the recommendation is to be made by its classified employees. (Amended by Stats. 2000, Ch. 488, Sec. 2. Effective January 1, 2001.)
  39. 8807.

    ## 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 5. Fiscal Provisions [8807- 8807.] ( Article 5 added by Stats. 1991, Ch. 759, Sec. 1. )

    Verify source ↗

    This section ties Healthy Start funding and implementation to available budgeted or federal funds, requires allocation of appropriated money to selected participants, and requires unspent grant funds to be returned unless a stated retention exception applies.

    ## 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 5. Fiscal Provisions [8807- 8807.] ( Article 5 added by Stats. 1991, Ch. 759, Sec. 1. ) ## 8807. (a) The department is required to implement this chapter only to the extent that funds are apportioned for that purpose under the annual Budget Act, or are made available to the department for the purposes of this chapter from federal sources. It is the intent of the Legislature that the Superintendent, in consultation with the agency secretary, seek and utilize any federal funds that may be made available for the purposes of this chapter. (b) All money appropriated by the Legislature to the Superintendent for purposes of the Healthy Start Support Services for Children Act, shall be allocated by the Superintendent to local educational agencies or consortia that have been selected to participate in the grant program. Any amount not allocated during a fiscal year may be carried over to the subsequent fiscal year. In order to ensure that those local educational agencies or consortia that receive planning grants will be eligible to receive operational grants, a portion of any funds appropriated during a fiscal year may be reserved for allocation as operational grants in future fiscal years. (c) Any funds that are not expended by a local educational agency or consortium by the end of the three-year period of the grant shall be returned to the state, except under the following circumstances: (1) A local educational agency or consortium that received an operational grant in the 1992 calendar year may retain up to fifty thousand dollars ($50,000) of any amount not expended within the three-year period of the grant. (2) A local educational agency or consortium that received an operational grant in the 1993 calendar year or any calendar year thereafter, may retain up to twenty-five thousand dollars ($25,000) of any amount not expended within the three-year period of the grant. (3) The expenditure of any funds retained pursuant to paragraph (1) or (2) shall be for a one-year period and shall be used exclusively to continue the program operations consistent with the original grant. Retention of funds pursuant to paragraph (1) or (2) shall be contingent on approval by the department of an expenditure plan submitted by the local educational agency or consortium. (d) To the extent permitted by federal law, any funding made available to a local educational agency or consortium shall be subject to all of the following conditions: (1) The program is open to children without regard to any child’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space in which the program is operated is not used in any manner to foster religion during the time used for operation of the program. (Amended by Stats. 2011, Ch. 347, Sec. 10. (SB 942) Effective January 1, 2012.)
  40. 88070.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The governing board may authorize payments to commission members, capped at $50 per meeting and $250 per month.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88070. The governing board may authorize payment to members of the commission an amount not to exceed fifty dollars ($50) per meeting and not to exceed two hundred fifty dollars ($250) per month. (Amended by Stats. 1985, Ch. 723, Sec. 15.)
  41. 88071.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may authorize commission-member payments only if the district meets the attendance and population conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88071. In a community college district with an average daily attendance in excess of 40,000 and which is located in a metropolitan area with a population of more than 4,000,000, the governing board may authorize payment to members of the commission an amount not to exceed one hundred dollars ($100) per meeting, and not to exceed five hundred dollars ($500) per month. (Amended by Stats. 1985, Ch. 723, Sec. 16.)
  42. 88072.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board must provide the commission with suitable office accommodations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88072. The governing board shall provide the commission with suitable office accommodations. (Enacted by Stats. 1976, Ch. 1010.)
  43. 88073.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must prepare an annual budget, hold a public hearing by May 30, and send its proposed budget to the governing board and county superintendent of schools. The superintendent may reject or amend the budget after a hearing, and if there is no agreement, last year’s budget controls the amount.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88073. The commission shall prepare an annual budget for its own office which, upon the approval of the county superintendent of schools, shall be included by the governing board in the regular budget of the community college district. The annual budget of the commission may include amounts for the purposes of Section 88075. The budget shall be prepared for a public hearing by the commission to be held not later than May 30 of each year. The commission shall forward a copy of its proposed budget to the governing board indicating the time, date and place for the public hearing of the budget and shall invite board and district administration representatives to attend and present their views. The commission shall fully consider the views of the governing board prior to adoption of its proposed budget. The commission shall then forward its proposed budget to the county superintendent of schools for action. If the county superintendent of schools proposes to reject the budget as submitted by the commission, he shall, within 30 days after the commission’s submission of the budget, hold a public hearing on the proposed rejection within the affected district. He shall have informed both the commission and the governing board of the date, time and place of the hearing. He may after such public hearing either reject, or, with the concurrence of the commission, amend the proposed budget. In the absence of agreement between the personnel commission and the county superintendent the budget of the preceding year shall determine the amount of the new budget, and the items of expenditure shall be determined by the commission. (Enacted by Stats. 1976, Ch. 1010.)
  44. 88075.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may spend funds on its staff’s orientation, training, retraining, and development, and for other purposes stated in Article 7 starting at Section 88220.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88075. The commission may, with respect to the staff of the commission, expend funds for their orientation, training, retraining, and development and for any purpose prescribed by Article 7 (commencing with Section 88220) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  45. 88076.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must classify employees and positions in the classified service, with listed exemptions and limits on certain student 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88076. (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the community college district or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. “To classify” shall include, but not be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications. (b) The following positions and employees are exempt from the classified service: (1) Academic positions. (2) Full-time students employed part time. (3) Part-time students employed part time in a college work-study program or in a work experience education program conducted by a community college that is financed by state or federal funds. (4) Part-time students employed part time as student-tutors by their community college district of enrollment. (5) Apprentice positions. (6) Positions established for the employment of professional experts on a temporary basis for a specific project by the governing board of a community college district or by the commission when so designated by the commission. (c) 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. (d) This section shall not prevent an employee who has attained regular status in a full-time position from taking a voluntary reduction in time and retaining the employee’s regular status under the provisions of this law. (e) A person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall not be employed outside the classified service. (f) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service. (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 without placement on an eligibility list under Section 88091 or examination under Section 88092. (Amended by Stats. 2024, Ch. 422, Sec. 2. (AB 2931) Effective January 1, 2025.)
  46. 88077.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Section 88077 says Section 88076 must not be read to bar temporary employment of architectural or engineering firms for a specific project when designated by the commission.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88077. Nothing contained in Section 88076 shall be interpreted to exclude the employment of architectural and engineering firms employed on a temporary basis for a specific project by a governing board or the commission when so designated by the commission. (Enacted by Stats. 1976, Ch. 1010.)
  47. 88078.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain community representative positions in advisory or consulting roles are exempt from the classified service, subject to several conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88078. In addition to the exemptions authorized in Section 88076, there shall be exempt from the classified service positions established for the employment of community representatives in advisory or consulting capacities for not more than 90 working days in a fiscal year, provided that: (1) The authorized duties are not those normally assigned to a class of positions in the classified service, (2) The authorized duties are approved by the personnel commission in advance of employment, and (3) A regular classified employee of the community college district shall not receive a concurrent appointment to such a position. (Enacted by Stats. 1976, Ch. 1010.)
  48. 88079.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a community college district board creates positions for newly hired disabled employees, those positions must be labeled “restricted” and treated as classified service positions, with limits on status, seniority, and promotion.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88079. If the governing board of any community college district establishes positions and restricts initial appointment of new employees to mentally, physically, or developmentally disabled persons, 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 they shall not be subject to the provisions of Section 88091 or 88092, and that 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. (Amended by Stats. 1990, Ch. 1206, Sec. 6.)
  49. 88080.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must make and interpret merit-based rules for classified employees, and it must give reasonable notice before adopting rules or amendments that would affect represented classified 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88080. (a) The commission shall prescribe and, amend, and interpret subject to this article, such rules as may be necessary to insure the efficiency of the service and the selection and retention of employees upon a basis of merit and fitness. The rules shall not apply to bargaining unit members if the subject matter is within the scope of representation, as defined in Section 3543.2 of the Government Code, and is included in a negotiated agreement between the governing board and that unit. The rules shall be binding upon the governing board, but shall not restrict the authority of the governing board provided pursuant to other sections of this code. (b) No rule or amendment which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the community college employer of the classified employees who would be affected have been given reasonable notice of the proposal. (Amended (as amended by Stats. 1982, Ch. 1514, Sec. 5.5) by Stats. 1984, Ch. 521, Sec. 16.)
  50. 88081.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The rules must set procedures for the governing board on classified-service matters like hiring, promotions, transfers, dismissals, leaves, pay, evaluations, and related administrative issues.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88081. (a) The rules shall provide for the procedures to be followed by the governing board as they pertain to the classified service regarding applications, examinations, eligibility, appointments, promotions, demotions, transfers, dismissals, resignations, layoffs, reemployment, vacations, leaves of absence, compensation within classification, job analyses and specifications, performance evaluations, public advertisement of examinations, rejection of unfit applicants without competition, and any other matters necessary to carry out the provisions and purposes of this article. (b) With respect to those matters set forth in subdivision (a) which are a subject of negotiation under the provisions of Section 3543.2 of the Government Code, such rules as apply to each bargaining unit shall be in accordance with the negotiated agreement, if any, between the exclusive representative for that unit and the public school employer. (Amended by Stats. 1977, Ch. 1014.)
  51. 88082.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must adopt rules within one year after a district adopts the merit system, and it must give each new regular employee a handbook about the basic rules, working conditions, and access to the complete rules and merit system.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88082. The rules of the commission and copies of this article shall be printed and made available to each school, office, and permanent worksite where employees report and shall be distributed to school libraries for loan to employees. Within one year of when a district adopts the merit system, the commission shall adopt rules pursuant to Section 88080 and shall give to each new regular employee a handbook which summarizes the basic rules and working conditions for classified employees and provides information regarding access to copies of the complete rules and the merit system. (Enacted by Stats. 1976, Ch. 1010.)
  52. 88083.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may classify certain jobs as apprentice positions, but the training plan must be approved and apprentice assignments cannot continue past the approved apprenticeship period except for a limited extension.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88083. The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and practice, specific duties concerning which a definite plan of systematic instruction and special supervision has been approved pursuant to Chapter 4 (commencing with Section 3070) of Division 3 of the Labor Code for the designated trade. The apprenticeship training plan adopted by the governing board of the community college district shall be approved by the California Apprenticeship Council for building and construction trades or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. No assignment to any position classified as an apprentice position shall be allowed to continue beyond the predetermined apprenticeship period approved by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades, except that the community college district’s joint apprenticeship committee may approve retention of an employee as an apprentice up to six months beyond the predetermined apprentice period. The selection of eligible persons shall be made in accordance with their position on employment lists established by competitive or qualifying examinations. Section 88033 shall be applicable to apprentice positions. However, relative age may be considered as a factor in the ranking of candidates for apprentice positions. Credit for prior training in a regularly indentured apprenticeship program shall be given to qualified candidates. In all cases of apprenticeship probationary periods, the standards of duration and qualifications shall be fixed by the commission insofar as they do not exceed the maximum standards set up by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. Termination for cause may be prescribed for any apprentice who fails to attain the predetermined standards of apprenticeship or for causes as prescribed by the rules of the commission. The commission shall recommend to the governing board a graduated scale of compensation rates for the various levels of apprentices, taking into consideration the percentage relationship to the districts’ journeyman wage of the trade as provided in the statement of policies of the California Apprenticeship Council. The commission may determine that promotional examinations shall be held for entrance into various levels of apprentice positions and entrance into journeyman positions in a skilled trade. (Amended by Stats. 2018, Ch. 704, Sec. 12. (AB 235) Effective September 22, 2018.)
  53. 88084.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must appoint a personnel director within 90 days after adopting a merit system, appoint its budget-funded employees, and supervise those employees’ activities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88084. The commission shall appoint a personnel director within 90 days after the adoption of a merit system from an eligibility list established from a competitive examination given under the auspices of the commission. The commission shall appoint all employees paid from funds budgeted for the support of the commission and shall supervise the activities of those employees that are performed as a part of the functions of the commission. These employees shall be appointed from eligibility lists established pursuant to the provisions of this article, be classified employees of the community college district and shall be accorded all the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, including representation by the appropriate exclusive representative, if any. (Amended (as amended by Stats. 1982, Ch. 572, Sec. 5) by Stats. 1984, Ch. 521, Sec. 18.)
  54. 88085.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A personnel commission in a small community college district may contract for a qualified personnel director with another school district or certain city/county agencies if a majority of classified employees agree.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88085. Notwithstanding the provisions of Section 88084, the personnel commission, in a community college district employing 100 or fewer classified employees, may, with the consent of a majority of the classified employees, contract for the services of a qualified personnel director with another school district having the merit (civil service) system, or a city or a county governmental agency if the city or county has a civil service system for the management of its employee personnel. Such a contract shall be for not more than two years and may be extended, with the approval of a majority of the classified employees, for additional periods not to exceed two years at one time. If at the end of any contract period the district is employing more than 100 classified employees, the personnel commission shall then comply with the provisions of Section 88084. A contract approved under the provisions of this section shall become null and void in the event of district reorganization when the provisions of the contract, if continued in force would supersede or be in conflict with the provisions of Section 88019. (Enacted by Stats. 1976, Ch. 1010.)
  55. 88086.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The personnel director must carry out classified personnel procedures for the commission, stay impartial, act as commission secretary, and prepare or arrange an annual report. If the director brought a disciplinary action, the director must not advise or recommend action to the commission on that appeal.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88086. (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in conformity with this article and the rules of the commission, and shall be free of prejudgment or bias in order to ensure the impartiality of the commission. He or she shall also act as secretary of the commission and shall prepare, or cause to be prepared, an annual report which shall be sent by the commission to the governing board. (b) A personnel director shall not advise or make recommendations to the commission regarding any disciplinary action appealed to the commission under Section 88124, if the personnel director is the party who brought the action against the employee. (Amended by Stats. 1985, Ch. 730, Sec. 2.)
  56. 88086.5.

    ## 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says certain listed Education Code sections apply to employees of community college districts that have adopted a merit system.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88086.5. Sections 88022, 88023, 88160, 88198, 88199, 88201, and 88202 are applicable to the employees of community college districts that have adopted a merit system pursuant to the procedure set forth in this article. This section is declaratory of existing law. The sections here enumerated are to be construed and applied in the same manner and with the same effect as when they were applicable to the employees of those school districts prior to the enactment of Section 88000 by Chapter 1267 of the Statutes of 1959, and in accordance with the applicable provisions of this article and the rules of the personnel commission. (Amended by Stats. 1995, Ch. 758, Sec. 211. Effective January 1, 1996.)
  57. 88087.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must recommend classified-service salary schedules to the governing board, which may approve, amend, or reject 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88087. The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these recommendations. No amendment shall be adopted until the commission is first given a reasonable opportunity to make a written statement of the effect the amendments will have upon the principle of like pay for like service. No changes shall operate to disturb the relationship which compensation schedules bear to one another, as the relationship has been established in the classification made by the commission. (Enacted by Stats. 1976, Ch. 1010.)
  58. 88088.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person continuously employed in a classified-service position for six months before the article’s procedure is adopted is deemed to be in permanent 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88088. Any person who has been continuously employed in a position defined as a position in the classified service for a period of six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to be in the permanent classified service. No layoff or suspension of service during the time when the schools of the district are not in session shall count as an interruption of continuous service. (Enacted by Stats. 1976, Ch. 1010.)
  59. 88089.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain community college district employees who have worked less than six months are treated as probationary employees when the article’s procedure is adopted.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88089. All persons who have been continuously employed by a community college district for less than six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to hold their positions under probationary classification. (Enacted by Stats. 1976, Ch. 1010.)
  60. 88090.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain employees whose positions change by law must switch classifications without examination, keep full seniority rights, and may be treated as tenured or probationary based on prior service 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88090. Any employee serving in an academic position whose position is by virtue of change of law deemed to be in the classified service shall without examination become a member of the classified service in accordance with the terms of Sections 88088 and 88089. Full seniority rights shall be retained, except that no seniority credit shall be allowed by virtue of previous academic service in case of layoff for lack of funds or lack of work. Any employee serving in a classified position whose position is by virtue of change of law deemed to be an academic position shall without examination become an academic employee and shall be deemed to have the necessary qualifications for the position. Full seniority rights will be retained, except that no seniority credit will be allowed by virtue of previous classified service in case of layoff for lack of funds or lack of work. Any such person who has been continuously employed in a regular position in the classified service for the length of time necessary to acquire permanency as a faculty member shall, if employed as a faculty member, be deemed to be tenured. Any such person serving in a regular position in the classified service for an amount of time less than that necessary to acquire faculty tenure shall be a probationary employee of the district; such regular classified service shall be considered as probationary service toward the attainment of tenure as a faculty member. (Amended by Stats. 1990, Ch. 1302, Sec. 189. Effective September 25, 1990.)
  61. 88091.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets merit-based rules for filling classified vacancies, allows limited exemptions for certain executive and senior administrative positions, and gives affected employees return 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88091. (a) All vacancies in the classified service shall be filled pursuant to this article and the rules of the commission, from applicants on eligibility lists which, wherever practicable, as determined by the commission, shall be made up from promotional examinations, or appointments may be made by means of transfer, demotion, reinstatement, and reemployment in accordance with the rules of the commission. All applicants for promotional examinations shall have the required amount of service in classes designated by the commission or meet the minimum qualifications of education, training, experience, and length of service, which shall be determined by the commission to be appropriate for the class for which they have applied. Any promotional applicant who has served the required amount of time in a designated class or who meets the minimum qualifications for admission to a promotional examination shall be admitted to the examination. Applicants shall be placed on the eligibility lists in the order of their relative merit as determined by competitive examinations. The final scores of candidates shall be rounded to the nearest whole percent for all eligibles. All eligibles with the same percentage score will be considered as having the same rank. Appointments shall be made from the eligibles having the first three ranks on the list who are ready and willing to accept the position. (b) (1) Upon the request of a majority of the members of the governing board of a community college district, the commission may exempt two executive secretarial positions from the requirements of this section. Exemptions authorized under this subdivision shall be limited to one executive secretary position reporting directly to members of the governing board, and one executive secretary position reporting directly to the chancellor. (2) Any person employed in an exempt executive secretarial position shall continue to be afforded all of the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, except he or she shall not attain permanent status in an executive secretarial position. Positions of executive secretary shall be filled from an unranked list of eligible employees who have been found to be qualified for the positions as determined by the district chancellor or superintendent and determined by the personnel commission. Any person whose services in an executive secretarial position are discontinued for a cause other than a cause for disciplinary action specified in this code or in a rule of the commission shall have the right to return to a position in a classification he or she previously occupied or, if that classification no longer exists, in a similar classification, as determined by the commission. This subdivision shall apply only to the employees hired on or after January 1, 1988. (c) (1) Upon the request of a majority of the members of the governing board of a community college district, the personnel commission may exempt designated senior classified administrative positions from the requirements of this section. A “senior classified administrative employee” means a classified employee who acts as the chief business, fiscal, facilities, or information technology adviser or administrator for the district chancellor or superintendent or a college president, as determined by the governing board and certified by the personnel commission. (2) Any person employed in an administrative position exempted under this subdivision shall continue to be afforded all of the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, except that he or she shall not attain permanent status in that administrative position. A vacancy in an administrative position that is exempted under this subdivision shall be filled from an unranked list of eligible persons who have been found to be qualified for the positions as determined by the district chancellor or superintendent and the personnel commission. Any person whose services in an administrative position exempted under this subdivision are discontinued for any reason other than for cause as specified in this code or in a rule of the personnel commission shall have the right to return to a position in a classification he or she previously occupied or, if that classification no longer exists, in a similar classification, as determined by the commission. (3) This subdivision shall apply only to employees hired on or after January 1, 2001. (d) Nothing contained in this section shall authorize the selection of eligible candidates in circumvention of the affirmative action programs of any community college district. (Amended by Stats. 2000, Ch. 951, Sec. 2. Effective January 1, 2001.)
  62. 88092.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets rules for oral examinations, including board membership, what the board may review, and what must not be shared with 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88092. Examinations shall be administered objectively and shall consist of test parts that relate to job performance. For classes of positions deemed by the commission or by the authority responsible for the administration of classified employee examinations to require an oral examination, the oral examination board shall include at least two members. Unless specifically directed to evaluate candidates’ technical knowledge and skills, the oral examination board shall confine itself to evaluating general fitness for employment in the class. When the oral examination board is directed to evaluate technical knowledge and skills, at least two members of the board shall be technically qualified in the specified occupational area. Members of the governing board or personnel commission shall not serve on an oral examination board. A district employee may serve on an oral examination board if he or she is not at the first or second level of supervision over a vacant position in the class for which the examination is held. The personnel commission shall provide for the proceedings of all oral examinations to be electronically recorded. In no case will an oral examination board be provided with confidential references on employees of the district who are competing in promotional examinations. Scores achieved by the candidate on other parts of the examination shall not be made available to the oral examination board. (Amended by Stats. 1995, Ch. 758, Sec. 212. Effective January 1, 1996.)
  63. 88093.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Examination records must be kept for at least 90 days, candidates may review and protest examinations, and the records are confidential except for examination-related 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88093. Examination records, including any recordings and the rating sheet of each member of the oral board for each candidate, shall be retained by the body authorized to administer examinations for a period of not less than 90 days after promulgation of an eligibility list. The commission shall prescribe procedures whereby candidates may review and protest any part of an examination. In promotional examinations for classes for which continuous examination procedures have not been authorized, the review and protest period shall be held prior to regular appointment from the eligibility list. Examination records shall not be available to the public or to any person for any purpose not directly connected with the examination and shall be considered confidential but shall, within reasonable time limits, be made available to a candidate or his or her representative. (Amended by Stats. 1995, Ch. 758, Sec. 213. Effective January 1, 1996.)
  64. 88095.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board must set the duties of classified positions, and the commission must approve qualification requirements only if they reasonably fit the duties and do not unduly limit competition.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88095. The governing board shall fix the duties of all positions a part of the classified service as required by Section 88009. The board may recommend the minimum educational and work experience requirements for classified positions to the personnel commission. Minimum qualification requirements shall be subject to approval of the commission. In approving minimum educational and work experience requirements for classified positions, the commission shall insure that such requirements reasonably relate to the duties of the position, as established by the governing board, and that they will admit an adequate field of competition. No requirements may be approved which unduly or unreasonably restrict the field of competition. The position duties shall be prescribed by the board and qualification requirements for the position class shall be prepared and approved by the commission, as required by this section, prior to issuance of an announcement calling for a competitive examination to fill position vacancies. (Enacted by Stats. 1976, Ch. 1010.)
  65. 88096.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain hiring cases, appointments can be made outside the first two or three applicants, but the bulletin must list any special requirements and the appointment must still go to applicants who meet those 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88096. Appointments may be made from other than the first two or three, as the case may be, applicants on the eligibility list when the ability to speak, read, or write a language in addition to English or possession of a valid driver’s license is a requirement of the position to be filled. The recruitment bulletin announcing the examination shall indicate the special requirements which may be necessary for filling one or more of the positions in the class. Where such a position is to be filled, using the authority of this section, the appointment shall be made from among the highest two or three, as the case may be, applicants on the appropriate eligibility list who meet the special requirements and who are ready and willing to accept the position. If there are insufficient applicants who meet the special requirements, the commission shall certify the top applicant or applicants plus those applicants who meet the special requirements, not to exceed two or three candidates, as the case may be. (Enacted by Stats. 1976, Ch. 1010.)
  66. 88097.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Written notices about tests, vacancies, transfer opportunities, and related selections must be posted at affected work locations at least 15 working days before application deadlines; in some cases they must also be mailed to employees who requested notice. The personnel commission must establish procedures for tracking transfer requests, location changes, shift changes, and upcoming examinations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88097. Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations shall be posted at all work locations of employees who may be affected not later than 15 working days prior to the closing date of filing appropriate applications, together with the normal use of newspapers and bulletins for public notice for open or promotional vacancies. Whenever the subject of these notices may affect a probationary or permanent classified employee who will not be reporting at his or her work location during periods when the employee is not normally required to work, such as Christmas, Easter, summer recesses, and other paid or unpaid leaves of absences, including vacations, and who has previously requested notification, the notices shall be mailed to the employee. However, the failure of an employee to receive a notice shall not invalidate any procedure, if, in fact, the notice was placed in the mail and postage paid. This section shall not apply to any community college district that publishes and distributes to all work locations examination bulletins at least once each month, provided that records of employee requests for transfer and change of location are maintained and that the names of all candidates for transfer and change of location to a vacancy are certified to the appointing authority along with names of appropriate applicants from employment lists. The personnel commission shall establish procedures for the maintenance of employee requests for transfer, change of location, change of shift, and notification of forthcoming examinations. (Amended by Stats. 1995, Ch. 758, Sec. 214. Effective January 1, 1996.)
  67. 88098.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A regular employee who cannot do their class duties because of illness or injury may be reassigned to duties they can perform, if the governing board chooses.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88098. A regular employee who is determined by the governing board to be incapable of performing the duties of his or her class because of illness or injury may, at the discretion of the governing board, be assigned duties that he or she is capable of performing. The position to which the employee is assigned shall be subject to classification by the personnel commission, but the employee shall receive no increase in wage or salary because of his or her assignment to the position unless he or she is appointed from an eligibility list resulting from a competitive examination in the event that the position is classified and allocated to a higher wage or salary than that previously attained by the employee, he or she may be assigned to the position without competitive examination, but shall continue to receive the wage or salary of his or her former classification. If the position is classified and allocated to a lower wage or salary than that attained by the employee, he or she shall be paid the wage or salary appropriate to the position. (Amended by Stats. 1995, Ch. 758, Sec. 215. Effective January 1, 1996.)
  68. 88099.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must make rules for simultaneous open competitive and promotional examinations for certain positions, and set related eligibility and credit 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88099. The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the position of business manager or for any other single position class which it declares to be at or above the level of business manager. It shall require that all educational and work experience requirements be developed to fit the needs of the position in such a manner that the position will attract competent and qualified applicants from within the classified service, among academic personnel, or other persons meeting the minimum requirements established for the position. Such rule shall provide: (a) that all permanent employees of the district, classified and academic, who meet the established minimum qualifications, shall be eligible to compete in the examination as promotional candidates; (b) that promotional credits, including seniority credits, if any, shall be equally applicable to both classified and academic promotional candidates; (c) that eligibility lists resulting from such an open competitive and promotional examination shall be merged according to the order of the examination scores into a single eligibility list, after the scores of each candidate on the promotional list have been adjusted for promotional credits, including seniority credits, if any; and (d) that the examination for any such position shall not be construed to be an entrance level position examination. (Amended by Stats. 1990, Ch. 1302, Sec. 190. Effective September 25, 1990.)
  69. 88100.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may make rules allowing academic employees of the governing board to compete in promotional examinations for classified service 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88100. The commission may by rule provide for the competition of academic employees of the governing board in promotional examinations for positions in the classified service. (Amended by Stats. 1990, Ch. 1302, Sec. 191. Effective September 25, 1990.)
  70. 88101.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must set rules for open competitive and promotional examinations held at the same time, and for how promotional eligibility is determined and 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88101. The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the positions that existed or could be created, when the positions become available for competitive examination, under the provisions of subdivisions (m), (n), and (o) of former Section 13055 as those subdivisions existed prior to their repeal by action of the 1965 General Session of the Legislature. The rule shall provide: (a) that all permanent employees of the district, classified and academic, who meet the established minimum qualifications, shall be eligible to compete in the examination as promotional candidates; (b) that promotional credits, including seniority credits, if any, shall be equally applicable to both classified and academic promotional candidates; (c) that eligibility lists resulting from such an open competitive and promotional examination shall be merged according to the order of the examination scores into a single eligibility list, after the scores of each candidate on the promotional list have been adjusted for promotional credits, including seniority credits, if any; and (d) that the examination for any such position shall not be construed to be an entrance level position examination. (Amended by Stats. 1990, Ch. 1302, Sec. 192. Effective September 25, 1990.)
  71. 88102.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying community college district may create an area eligibility list when one assignment area's list is exhausted and another area still has eligible candidates.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88102. In any community college district which has geographical boundaries encompassing more than 200 square miles and which divides the area it serves into smaller areas for assignment of classified personnel, when an eligibility list is exhausted in one assignment area but there are available eligibles in another assignment area, an area eligibility list may be established for the assignment area in which the eligibility list is exhausted. The life of such new area eligibility list shall be one year. Seniority for the purpose specified in Section 88127 shall continue to be districtwide. (Enacted by Stats. 1976, Ch. 1010.)
  72. 88103.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If open competitive and promotional exams for a class happen at the same time, the commission may authorize hiring from the open list before the promotional list is exhausted, but only when the open-list candidate scores higher under the stated comparison.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88103. When an open competitive examination and a promotional examination for a particular class are held at the same time, the commission may, prior to the examination, authorize certification for employment of candidates from the open competitive eligibility list before the promotional eligibility list has been exahausted if the candidate on the open list has a higher score before adjustment for preferential credits than the score of the highest available candidate on the promotional list after seniority credits have been added. (Amended by Stats. 1977, Ch. 535.)
  73. 88104.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The personnel commission may reclassify certain incumbents with their positions after a higher-class reclassification, but only if the stated employment-duration 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88104. (a) When all of the positions in a class are reclassified to a higher class, the incumbents of the positions who have been in the class for two or more years may be reclassified with their positions by the personnel commission. When a portion of the positions within a class are reclassified to a higher class, an incumbent who has a continuous employment record of two or more years in one or more of the positions being reclassified may be reclassified with his or her position as provided by personnel commission rule. (b) The basis for reclassification of the position shall be a gradual accretion of duties and not a sudden change occasioned by a reorganization or the assignment of completely new duties and responsibilities. Determinations as to gradual accretion shall be on the basis of guidelines provided by personnel commission rules. (c) An employee who has been reclassified with his or her position is ineligible for subsequent reclassification with his or her position for a period of at least two years from the initial action. (Amended by Stats. 2003, Ch. 181, Sec. 2. Effective January 1, 2004.)
  74. 88104.5.

    ## 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may not adopt certain classification or reclassification plans affecting classified employees represented by a certified or recognized bargaining representative until reasonable notice has been given.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88104.5. No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the community college employer of the classified employees who would be affected have been given reasonable notice of the proposed classifications or reclassifications. (Added by Stats. 1982, Ch. 1514, Sec. 7.)
  75. 88105.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For certain short-term or substitute appointments, the appointing power must submit a request stating the probable duration of the appointment. Eligible persons must be certified from the employment list based on rank and willingness to accept the limited-term appointment, and limited-term employees are subject to commission-determined conditions on status and tenure.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88105. Whenever the appointing power requires the appointment of a person to a position, the duration of which is not to exceed six months, or, in case of an appointment in lieu of an absent employee, is not to exceed the authorized absence of that employee, he or she shall submit a request in which the probable duration of the appointment is stated. Eligible persons shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such a position as limited-term employees. Limited-term employees shall be subject to those conditions affecting status and tenure during and after the employment as the commission may by rule determine. (Amended by Stats. 1995, Ch. 758, Sec. 217. Effective January 1, 1996.)
  76. 88106.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Provisional appointments are allowed only within set day limits, with a required 90-day waiting period before full-time provisional service after 90 working days, and a general cap of 126 working days per fiscal year under a governing 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88106. When no eligibility list exists for a position in the classified service, an employee may receive provisional appointments which may accumulate to a total of 90 working days. A 90-calendar-day interval shall then elapse during which the person will be ineligible to serve in any full-time provisional capacity. No person shall be employed in provisional capacities under a given governing board for a total of more than 126 working days in any one fiscal year, except that when no one is available on an appropriate eligibility list for a part-time position, as defined in Section 88076, successive 90 working days provisional appointments may be made to the part-time position for a total of more than 126 working days in any one fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  77. 88107.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The personnel commission may extend a provisional employee’s assignment for up to 36 working days if specified requirements 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88107. The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days, if all of the following requirements are met: (a) An examination for the class was completed during the first 90 working days of his or her provisional assignment. (b) Evidence satisfactory to the personnel commission is presented indicating all of the following: (1) That an adequate recruitment effort has been and is being made. (2) That extension of the provisional assignment is necessary to carry on vital functions of the district. (3) That the position cannot be satisfactorily filled by use of other employment lists or procedures. (Amended by Stats. 1995, Ch. 758, Sec. 218. Effective January 1, 1996.)
  78. 88108.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Successive provisional appointments are allowed in a class when there is no appropriate eligibility list and the commission has authorized continuous examination procedures; such appointments cannot be extended if certification from an eligibility list is possible.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88108. Successive provisional appointments of 90 working days or less each may be made in any class in the absence of an appropriate eligibility list; provided, that continuous examination procedures for the class have been authorized by the commission. Such successive provisional appointments may be made and persons employed in temporary capacities under a given governing board for a total of more than six months in any one year. Such appointments may continue for the length of time for which they were made, but may not be extended if a certification can be made from an appropriate eligibility list. While this section is in effect, it shall supersede any other provisions of this article which are in conflict with this section, but only to the extent there is a conflict. (Repealed and added by Stats. 1976, Ch. 1011.)
  79. 88109.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The appointing power may make temporary appointments for up to 15 working days during an actual emergency when eligibility lists are not immediately available.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88109. The appointing power may, to prevent the stoppage of public business when an actual emergency arises and persons on eligibility lists are not immediately available, make appointments for a period not to exceed 15 working days, in accordance with commission rule. (Enacted by Stats. 1976, Ch. 1010.)
  80. 88110.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Successive eligibility lists may be combined during their first year if the merged lists were created under sufficiently similar conditions and techniques.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88110. Combinations of successive eligibility lists may be made during their first year. Eligibles on lists established within the first year of the life of another list may be placed in the order of their relative excellence in the examination on the like list, if lists so merged have been promulgated under conditions and techniques which are sufficiently similar to preserve their competitive character. (Enacted by Stats. 1976, Ch. 1010.)
  81. 88111.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may make a rule for continuous examination of eligible candidates for certain positions when promotional examination alone is not practical.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88111. The commission may by rule provide for the continuous examination of eligibles for classes of positions which the commission determines cannot be practicably filled by promotional examination only. (Enacted by Stats. 1976, Ch. 1010.)
  82. 88112.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    People may not ask applicants or certified appointment candidates about political or religious opinions or affiliations, or other protected bases listed in the cross-referenced law, and may not discriminate on that 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88112. No questions relating to political or religious opinions or affiliations, or any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, shall be asked of any applicant, or any candidate whose name has been certified for appointment, nor shall any discrimination be exercised therefor, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 7. Effective January 1, 2005.)
  83. 88113.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “veteran” and “armed forces” 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88113. “Veteran” as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the commission at the time of the examination. “Armed forces” means the United States Air Force, Army, Navy, Marine Corps, Space Force, or Coast Guard. (Amended by Stats. 2022, Ch. 379, Sec. 8. (AB 1715) Effective January 1, 2023.)
  84. 88114.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “disabled veteran” 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88114. “Disabled veteran” as used in this article means any veteran, as defined in Section 88113, who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of disability shall be deemed conclusive if it is of record in the United States Veterans Administration. (Enacted by Stats. 1976, Ch. 1010.)
  85. 88115.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Veterans with at least 30 days of service, and disabled veterans, receive extra points on entrance examinations.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88115. In the case of all entrance examinations, veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark established for the examination, shall be allowed an additional credit of five points and disabled veterans shall be allowed an additional credit of 10 points, which shall be added to the percentages attained in the examinations by the veterans. Veterans shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentages attained by them in examinations after the credit of five points, or 10 points in the case of disabled veterans, is added. (Enacted by Stats. 1976, Ch. 1010.)
  86. 88116.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Covered employees returning from qualifying military service may request an immediate comparable examination and placement on the original eligibility list; certain Reserve or National Guard members get additional federal-law 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88116. (a) Whenever, during the absence of an employee of a community college district or student body association operating under Sections 76060 to 76065, inclusive, in the active military service of the United States of America 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, the position held by that employee at the time of his or her entrance into that military service is placed within the classified service of the district and an eligible list is established for that position through competitive examination, the employee shall, at his or her request made within six months after leaving the active military service under honorable conditions, be given immediately an examination of substantially the same character and scope as the competitive examination through which the original eligibility list was established. The grade secured by that employee in that examination shall be deemed to be the grade the employee would have secured had he or she taken the competitive examination as a veteran, and the employee shall be placed on the original eligibility list accordingly with all the rights and privileges to which he or she would have been entitled had he or she had that place on the original eligibility list at the time of its establishment. (b) Notwithstanding subdivision (a), any member of the Military Reserve or the National Guard who is called to active duty, either voluntarily or involuntarily, 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 any rights, in addition to the rights accorded under subdivision (a), that are accorded that member under the federal Veterans’ Reemployment Rights Law or any other applicable provision of federal law. (Amended by Stats. 1993, Ch. 589, Sec. 54. Effective January 1, 1994.)
  87. 88117.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Workers laid off for lack of work or funds get reemployment preference and related rights for 39 months; some employees who take voluntary demotion or reduced time keep reemployment rights longer.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88117. (a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s reemployment shall take preference over new applicants. (2) The person shall have the right to participate in promotional examinations within the district during the period of 39 months. (3) If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period. The remaining time period shall be calculated as the time remaining in the 39-month period as of the date of reemployment. (b) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff or to remain in his or her present position rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months, provided that the same tests of fitness under which the employee qualified for appointment to the class still apply. The personnel commission shall make the determination of the specific period of eligibility for reemployment on a class-by-class basis. (c) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in his or her former class or to a position with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list the employee shall be ranked on that list in accordance with his or her proper seniority. (Amended by Stats. 2012, Ch. 586, Sec. 2. (AB 2307) Effective January 1, 2013.)
  88. 88119.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may end or extend an eligibility list in certain circumstances, and some lists may last only six months if the personnel commission approves and the bulletin says 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88119. Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before a year has expired. Eligibility lists may be established for a period of six months upon the approval of the personnel commission so long as the six months’ duration of such a list is noted in the recruitment bulletin announcing the examination. If a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before the expiration date. A list may be extended for an additional period of one year or less in the discretion of the commission. (Amended by Stats. 1982, Ch. 572, Sec. 8.)
  89. 88120.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets probation rules for classified employees and when they become permanent.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88120. (a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes. To receive permanent classified service status, each full-time peace officer and public safety dispatcher employed by a community college district operating a dispatch center certified by the Commission on Peace Officer Standards and Training shall serve in a probationary status for a period not less than one year from their date of appointment to that full-time position. (b) An employee shall not attain permanent status in the classified service until that employee has completed a probationary period in a class. 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. In any case, the rules of the commission may provide for the exclusion of time while employees are on a leave of absence. The rights of appeal from disciplinary action before attainment of permanent status in the classified service shall be in accordance with Section 88124. (c) 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. (d) To the extent that this section, as amended by Senate Bill 874 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, 2023, 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 Senate Bill 874 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. 150, Sec. 2. (SB 874) Effective January 1, 2023.)
  90. 88121.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person in the permanent classified service cannot be demoted or removed unless there is reasonable cause set by the commission’s rule and the cause is detrimental to service efficiency.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88121. No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to the efficiency of the service. This section shall not be construed to prevent layoffs for lack of work or lack of funds. (Enacted by Stats. 1976, Ch. 1010.)
  91. 88122.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees may be suspended or dismissed for certain listed causes, including knowing membership in the Communist Party or conduct described in Government Code section 1028.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88122. In addition to any causes for suspension or dismissal which are designated by rule of the commission, employees in the classified service shall be suspended and dismissed in the manner provided by law for any one or more of the following causes: (a) Knowing membership by the employee in the Communist Party. (b) Conduct specified in Section 1028 of the Government Code. (Amended by Stats. 1982, Ch. 251, Sec. 45. Effective June 11, 1982.)
  92. 88123.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets a district suspend, demote, or dismiss an employee for reasonable cause, and sets notice and pay rules when certain criminal charges are involved.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88123. For reasonable causes, an employee may be suspended without pay for not more than 30 days , except as provided in this section, or may be demoted or dismissed. In such case, the personnel director, shall within 10 days of the suspension, demotion, or dismissal, file written charges with the commission and give to the employee or deposit in the United States registered mail with postage prepaid, addressed to the employee at his or her last known place of address, a copy of the charges. Whenever an employee of a community college district is charged with the commission of any sex offense, defined in Section 87010, or any narcotics offense, as defined in Section 87011, or a violation of 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 suspend the employee for a period of time extending for not more than 10 days after the date of the entry of the court judgment. However, the suspension may be extended beyond such 10-day period in case the governing board gives notice within such 10-day period that it will dismiss the employee 30 days after the service of the notice, unless the employee demands a hearing. An employee so suspended shall continue to be paid his or her regular salary during the period of the suspension if and during such time as he or she furnishes to the 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 him or her during the period of the suspension in case the employee is convicted of such charges, or the employee does not return to service after such period of suspension. If the judgment determines that the employee is not guilty of such charges, or if the complaint, information, or indictment is dismissed, the district shall reimburse the employee for the cost of the bond; or, if the employee has not elected to furnish such bond, the district shall pay to the employee his or her full compensation during the period of the suspension; provided the employee returns to service after such period of suspension. (Amended by Stats. 1980, Ch. 514, Sec. 6.)
  93. 88124.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain permanent classified employees may appeal disciplinary action to the commission within 14 days, but employees outside the permanent classified service generally cannot appeal unless commission rules allow 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88124. Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. Such an appeal is not available to an employee who is not in the permanent classified service except as provided by rules of the commission. An employee in the permanent classified service who has not served the time designated by the commission as probationary for the class may be demoted to the class from which promoted without recourse to an appeal or hearing by the commission, except as otherwise provided by rules of the commission; and provided, that such demotion does not result in the separation of the employee from the permanent classified service. Nothing in this section shall operate to alter the protections guaranteed under Section 88128. (Enacted by Stats. 1976, Ch. 1010.)
  94. 88125.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission handles appeals, may ask for more evidence, and must hold a hearing if the accused employee asks. The accused employee has a right to appear with counsel and defend themselves. The governing board may not review the 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88125. The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee shall, order a hearing. The accused employee shall have the right to appear in person or with counsel and to be heard in his or her own defense. The decision shall not be subject to review by the governing board. (Amended by Stats. 1995, Ch. 758, Sec. 220. Effective January 1, 1996.)
  95. 88126.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the commission sustains an employee’s appeal, it can order compensation and reinstatement, and it may direct other remedial actions. The board must comply with the commission’s written decision and then notify the commission after full compliance.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88126. If the commission sustains the employee, it may order paid all or part of his or her full compensation from the time of suspension, demotion, or dismissal, and it shall order his or her reinstatement upon terms and conditions that it deems appropriate. The commission may modify the disciplinary action, but may not make the action more stringent than that approved by the board. In addition, the commission may direct any other action that it finds necessary to effect a just settlement of the appeal, including, but not limited to, compensation for all or part of the legitimate expenses incurred in pursuit of the appeal, seniority credit for off-duty time pending reinstatement, transfer or change of location of the employee, and expunction from the employee’s personnel record of disciplinary actions, cause, and charges that were not sustained by the commission. Upon receipt of the commission’s written decision, the board shall comply with its provisions. When the board has fully complied with the commission’s decision, it shall so notify the commission in writing. (Amended by Stats. 1995, Ch. 758, Sec. 221. Effective January 1, 1996.)
  96. 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees may be laid off for lack of work or funds, and layoff and reemployment order is based on length of 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88127. Classified employees shall be subject to layoff for lack of work or lack of funds. Whenever a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in the reverse order of layoff. For purposes of this section, for service commencing or continuing after July 1, 1971, “length of service” means all hours in paid status, whether during the school year, a holiday, recess, or any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis as provided for in Section 88027. Nothing in this section shall preclude the governing board of a community college district from entering into an agreement with the exclusive representative of the classified employees that defines “length of service” to mean the hire date. If a governing board enters into an agreement with the exclusive representative of classified employees that defines “length of service” to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of employee not represented by any exclusive bargaining unit. Nothing in this section shall preclude the granting of “length of service” credit for time spent on unpaid illness leave, or unpaid industrial accident leave. In addition, for military leave of absence, “length of service” credit shall be granted pursuant to Section 88116. “Hours in paid status” shall not be interpreted to mean any service performed prior to entering into a probationary or permanent status in the classified service of the district except service in restricted positions as provided in this chapter. (Amended by Stats. 1993, Ch. 589, Sec. 55. Effective January 1, 1994.)
  97. 88128.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A permanent classified employee of a community college district who voluntarily resigns may be reinstated or reemployed by the district board within 39 months, without another competitive 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88128. Any permanent classified employee of a community college district, who voluntarily resigns from his or her permanent classified position, may be reinstated or reemployed by the governing board of the district, within 39 months after the employee’s last day of paid service and without further competitive examination, to a position in his or her former classification as a permanent or limited-term employee, or as a permanent or limited-term employee in a related lower class or a lower class in which the employee formerly had permanent status. If the governing board elects to reinstate or reemploy a person as a permanent employee under this section, it shall disregard the break in service of the employee and classify him or her as, and restore to the employee all of the rights, benefits and burdens of, a permanent employee in the class to which he or she is reinstated or reemployed. (Amended by Stats. 1995, Ch. 758, Sec. 222. Effective January 1, 1996.)
  98. 88129.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A district board cannot issue a salary or wage warrant for a classified employee unless the personnel director certifies the assignment. The commission may stop future salary warrants after a hearing if an appointment violated the article or the commission’s examination rules, and violations can support 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88129. No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to any employee in the classified service unless the assignment bears the certification of the personnel director that the person named in the assignment has been employed and assigned pursuant to this article and the rules of the commission. Whenever the commission, after a public hearing, finds that any appointment has been made in violation of this article or the rules of the commission as they apply to examination procedures, the commission may order that no salary warrant shall thereafter be drawn to the employee so appointed, for services rendered after the date of said order. Any violation of this article or the rules of the commission as they apply to examination procedures shall constitute grounds for the dismissal of the employee or employees guilty of such violation. (Enacted by Stats. 1976, Ch. 1010.)
  99. 88130.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The commission may hold hearings and use investigative powers, including subpoenas, record requests, oaths, and inspection of governing board records.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88130. The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths. It may, at will, inspect any records of the governing board that may be necessary to satisfy itself that the procedures prescribed by the commission have been complied with. Hearings may be held by the commission on any subject to which its authority may extend as described in this article. (Enacted by Stats. 1976, Ch. 1010.)
  100. 88131.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The commission may use hearing officers or other representatives to conduct hearings or investigations, and those authorized persons may take certain hearing powers. The commission may also direct, review, change, hire, and set rules for those representatives.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88131. The commission may authorize a hearing officer or other representative to conduct any hearing or investigation which the commission itself is authorized by this article to conduct. Any such authorized person conducting such hearing or investigation may administer oaths, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses to be taken in the manner prescribed by law for like depositions in civil cases in the superior court of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The commission may instruct such authorized representative to present findings or recommendations. The commission may accept, reject or amend any of the findings or recommendations of the said authorized representative. Any rejection or amendment of findings or recommendations shall be based either on a review of the transcript of the hearing or investigation or upon the results of such supplementary hearing or investigation as the commission may order. The commission may employ by contract or as professional experts or otherwise any such hearing officers or other representatives and may adopt and amend such rules and procedures as may be necessary to effectuate this section. (Amended by Stats. 2004, Ch. 182, Sec. 28. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  101. 88132.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The governing board’s legal counsel must help and represent the commission in legal matters, unless there is a conflict; in that case the counsel must refuse, and the commission may hire its own attorney.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88132. (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter. (b) (1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the community college district. (2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the community college district. A conflict shall not be found pursuant to this paragraph unless approved by a majority vote of the members of the commission. (c) If the legal counsel or the commission finds that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost of the attorney shall constitute a legal charge against the general funds of the community college district. (Amended by Stats. 2020, Ch. 48, Sec. 2. (AB 2234) Effective January 1, 2021.)
  102. 88136.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section makes it a misdemeanor to willfully or negligently violate the article, and it bars anyone from interfering with examination, application, or employment rights, falsifying exam results or standing, or sharing secret exam information.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88136. Any person who willfully, or through culpable negligence, violates this article is guilty of a misdemeanor. It is also unlawful for any person to do any of the following: (a) Willfully, by himself or herself or in cooperation with another person, to defeat, deceive, or obstruct any person with respect to his or her right of examination, application, or employment under this article or commission rule. (b) Willfully and falsely, to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under this article or commission rule, or to aid in so doing, or to make any false representation concerning the same or the person examined. (c) Willfully, to furnish to any person any special or secret information regarding contents of an examination for the purpose of either improving or injuring the prospects or chances of any person examined, or to be examined under this article or commission rule. (Amended by Stats. 1995, Ch. 758, Sec. 224. Effective January 1, 1996.)
  103. 88137.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    In certain community college districts, nonacademic employees must be employed under the city and county charter’s merit system provisions, and the district governing board may fix employees’ 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88137. In every community college district coterminous with the boundaries of a city and county, employees employed in nonacademic positions shall be employed, if the city and county has a charter providing for a merit system of employment, pursuant to the provisions of the charter providing for the system and shall, in all respects, be subject to, and have all rights granted by, those provisions; provided, however, that the governing board of the district shall have the right to fix the duties of all of its employees. (Amended by Stats. 1990, Ch. 1302, Sec. 193. Effective September 25, 1990.)
  104. 88138.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    This section sets out how a community college district’s merit system may be terminated, including petition thresholds, election timing, ballot procedures, and related communication 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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88138. (a) A merit (civil service) system within a community college district may be terminated by one of the following methods: (1) (A) If the governing board of a community college district receives a written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the governing board of the community college district calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years, the governing board of the community college district shall order the county superintendent of schools to place the question of termination of the system on the ballot at the next regular governing board member election, or the next primary or general election in a general election year, whichever is the earlier after receipt by the county superintendent of schools. (B) The statement of purpose of the election shall read: “Shall the merit (civil service) system for school employees not employed as faculty or educational administrators, as provided for in Article 3 (commencing with Section 88060) of Chapter 4 of Part 51 of Division 7 of Title 3 of the Education Code of the State of California, and which has been in operation for at least five years, be terminated by the _____ Community College District of ____ County (or counties, where appropriate) on _____ (date to be specified by board)?” (C) The petition calling for the election, to be valid, shall contain the statement of purpose for the election as contained in this section. (2) (A) If the governing board of a community college district receives a written petition from 40 percent of the classified employees entitled to vote calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years or has been imposed pursuant to the terms of Section 45119 or 45120, the governing board of the community college district shall conduct an election by secret ballot of its classified personnel to determine whether or not they desire to have the merit system terminated within the community college district. The ballot shall read: “Shall the merit (civil service) system for classified employees be terminated in the ____ (name of community college district) as of ____ (termination date)?” (B) As used in this subdivision, “classified employees” means all personnel who are a part of the classified service who are appointed in accordance with Section 88091. (C) In order to be valid, the petition calling for the termination of the merit (civil service) system shall be submitted to the governing board of a community college district within 90 days after the date that the notice for the circulation of the petition was filed with the governing board of the community college district. The election shall be held during the regular academic year and shall be held no earlier than 45 days and no later than 180 days after the date that the petition was submitted to the governing board of the community college district. (D) If the merit system was adopted pursuant to Section 88057, classified employees entitled to vote in an election pursuant to this paragraph shall be limited to those classified employees who reside in the district. (E) The governing board of a community college district shall devise an identification system designed to protect against fraud in the balloting process while also ensuring the secrecy of the ballot. In addition, the governing board of the community college district shall appoint a three-member tabulation committee consisting of one member of the governing board, one member of the personnel commission of the community college district, and one member who shall be a classified employee of the community college district designated by the largest exclusive representative of classified employees within the community college district. It shall be the responsibility of the tabulation committee to canvass the election ballots and to certify the results of the election to the governing board of the community college district at the next regular meeting of the governing board of the community college district following the completion of the tabulation of the election results by the committee. No representative of the community college district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. (F) Notwithstanding any other law, the governing board of a community college district shall not be required to provide release time for classified personnel to vote in an election conducted pursuant to this paragraph. The governing board of the community college district shall not conduct an election under this paragraph more than once in any two-year period. (G) Members of the classified service shall be provided an adequate and ample opportunity to be informed of the arguments in favor of and in opposition to the termination of the merit (classified service) system before the conducting of an election called pursuant to this paragraph. That opportunity shall include an open forum during which proponents of, and opponents to, the termination of the merit (civil service) system shall be permitted to debate the issue. (b) If the community college district communicates with classified employees in favor of terminating the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the community college district to communicate against terminating that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on terminating the system. (c) (1) It shall be unlawful for a public school employer and the exclusive representative of the classified employees of a community college district to include the subject of the termination of the merit (classified service) system within the scope of representation. (2) Notwithstanding paragraph (1) or any other law, all election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 4. (AB 289) Effective January 1, 2022.)
  105. 88139.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    If the merit system in a community college district is terminated by vote, the personnel commission stops functioning and the governing board must adopt new rules for classified school 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Merit System [88060 - 88139] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 88139. If the majority of the qualified electors vote to terminate the merit system in a community college district, or if the majority of the classified employees vote to terminate the merit system in a community college district, the personnel commission shall cease to function on the date specified in the election and the law pertaining to merit system districts shall cease to have any force or effect in that district. Simultaneously, with the termination of the merit system, the governing board shall adopt rules and regulations relating to classified school employees as required by Section 88013. Notwithstanding an action to terminate the merit system in a community college district, the provisions of Section 88051, 88053, and 88054 shall be applicable at any time after at least two years have elapsed after the system has ceased to operate. (Amended by Stats. 1982, Ch. 188, Sec. 4.)
  106. 88160.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A community college district governing board must set and pay compensation for classified service and other nonacademic employees, 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88160. The governing board of any community college district, including city boards of education, shall fix and order paid the compensation of persons a part of the classified service and other nonacademic employees employed by the board unless otherwise prescribed by law. (Amended by Stats. 1990, Ch. 1302, Sec. 195. Effective September 25, 1990.)
  107. 88162.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district governing boards must set annual salaries for nonacademic employees by the budget-publication deadline, and they may later adjust salaries up or down in specified circumstances.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88162. (a) The governing board of any community college district shall, not later than the date prescribed by law for approval of the publication budget of every year, fix the annual salaries for the ensuing school year for all persons employed by the district in nonacademic positions. The governing board may, at the time, include an increase in those annual salaries, all or part of which increase is conditional upon the actual receipt by the district of anticipated revenue from all sources. If the revenue actually received is less than that anticipated, the governing board may, at any time during the school year, reduce those annual salaries by an amount not to exceed the amount which was granted subject to the receipt of such revenues. (b) The governing board of a community college district may, at any time during the school year, increase the salaries of persons employed by the district in nonacademic positions. The increase shall be effective on any date ordered by the governing board. (c) A governing board may, at any time, increase the wages or salaries of classified employees if the board or, in a merit system district, the personnel commission approves a classification change in a position, a class of positions, or any or all of the positions or classes of positions a part of the classified service. (d) The provisions of this section shall not be construed to permit a governing board to demote or dismiss an employee as a result of reclassification of a position or class of positions except as may otherwise be permitted by law. (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) of this chapter. (Amended by Stats. 1990, Ch. 1302, Sec. 196. Effective September 25, 1990.)
  108. 88163.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board that cannot follow Section 88162(a) because it is studying salary increases may, before final budget adoption, choose an interim salary schedule or make the study-based salaries effective for only part of 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88163. If the governing board of a community college district cannot comply with the provisions of subdivision (a) of Section 88162 because it is engaged in a study, which was commenced prior to the commencement of the school year, to increase the salaries and wages of persons employed by the district in nonacademic positions, the board may, by appropriate action taken prior to the final adoption of its budget, do either of the following: (a) Adopt an interim salary schedule which shall be the same schedule as for the preceding year, except that increases may be granted at that time based upon increased cost-of-living indexes, and provide that the salaries and wages fixed as a result of the study shall be payable for the entire school year to include the period thereof in which the study was conducted and final board action taken. (b) Provide that the salaries and wages fixed as a result of the study shall be effective only for that portion of the school year, as determined by the board at the time it takes action after the study has been completed. “Portion of the school year,” as used in this subdivision shall not be for any period of time less than the period of time remaining in the school year from the date the governing board adopts the salary schedule based on the study commenced prior to that school year. (Amended by Stats. 1990, Ch. 1302, Sec. 197. Effective September 25, 1990.)
  109. 88164.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may withhold part of an employee’s pay if the employee elects it, and the withheld money must be paid out by set dates based on the employee’s work 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88164. The governing board of any community college district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly payments may withhold, upon election by the individual employee, from each payment made to that employee an amount as follows: (a) For an employee employed 11 months of a year, an amount equal to 81/3 percent thereof and the total amount deducted to be paid not later than the 10th day of September next succeeding. (b) For an employee employed 10 months of a year, an amount equal to 162/3 percent thereof and the total amount deducted to be paid in two equal monthly installments not later than the 10th day of August and the 10th day of September next succeeding. (c) For an employee employed nine months a year, an amount equal to 25 percent thereof and the total amount deducted to be paid in three equal monthly installments not later than the 10th day of July, the 10th day of August and the 10th day of September next succeeding. If Section 85244 is made applicable to any district, this section shall apply except that the amount deducted from each regular pay period and ultimate dates for payment of the amount deducted shall be computed and set in accordance with the system adopted under Section 85244. Once an employee has elected to be brought under the provisions of this section, the election shall not be revocable until the commencement of the next ensuing fiscal year. However, if any employee leaves the service of the district by death or otherwise before receiving moneys that may be due him or her, the amount due the employee shall be paid within 30 days of the last working day to the employee or any other person entitled thereto by law. 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. 225. Effective January 1, 1996.)
  110. 88165.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts must draw wage payment orders at least once each calendar month and pay wages on the last working day of the month when the employee was in paid 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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88165. Orders for the payment of wages and payroll orders and warrants for the payment of wages of employees a part of the classified service in any community college district shall be drawn at least once during each calendar month, for those districts not using Section 85244 or 85260. Payment shall be made on the last working day of the month in which the employee was in paid status. This section shall not prohibit a community college district from making a payment of earned salary prior to the last working day of the pay period or of the month. 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. 226. Effective January 1, 1996.)
  111. 88166.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a payroll or salary error is found for a classified employee, the appointing authority must give the employee a correction statement and a supplemental payment within five workdays.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88166. Whenever it is determined that an error has been made in the calculation or reporting in any classified employee payroll or in the payment of any classified employee’s salary, the appointing authority shall, within five workdays following such determination, provide the employee with a statement of the correction and a supplemental payment drawn against any available funds. (Enacted by Stats. 1976, Ch. 1010.)
  112. 88167.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district boards may make payroll deductions for employee organization dues or service fees, and must follow the employee’s authorization and related notice 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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88167. (a) (1) Except as provided in subdivision (b), the governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district, may, without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any employee organization or bona fide association, whose membership consists, in whole or in part, of employees of that community college district, and that has, as one of its objectives, improvements in the terms or conditions of employment for the advancement of the welfare of those 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. (2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the authorization. The employee organization shall provide the community college district with notification of the increase at a time sufficiently before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase that has been sent to all concerned employees. (3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board shall reduce the employee’s pay warrant by the designated amount in the next pay period following the closing date for receipt of changes in pay warrants. (4) The governing board, on the same designated date of each month, shall draw its order upon the funds of the community college district in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to the employee organization during the pay period. (5) The governing board shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization. (6) 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 such requests. The governing board shall rely on the information provided by the employee organization to cancel or change authorizations, and the employee organization shall indemnify the governing board for any claims made by the employee for deductions made in reliance on that information. (7) A classified 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 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 governing board for any claims made by the employee for deductions made in reliance on its notification. (b) The governing board of each community college district, when drawing an order for the salary or wage payment due to a classified employee of the community college district may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee organization as required in an organizational security arrangement between the exclusive representative and a community college district 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. (c) This section shall apply to community college 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. 2018, Ch. 53, Sec. 4. (SB 866) Effective June 27, 2018.)
  113. 88167.5.

    ## 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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board must send deducted dues or similar fees to the employee organization within 15 days after issuing the paycheck with the deduction.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88167.5. (a) Notwithstanding any other provision of 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 a classified 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’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs. (c) This section applies 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. 2006, Ch. 538, Sec. 139. Effective January 1, 2007.)
  114. 88168.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees must sign and return one copy of the provided job and pay information after hiring or any classification change.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 4. Salaries [88160 - 88168] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 88168. Upon initial employment and upon each change in classification thereafter, each classified employee shall be furnished two copies of his or her class specification, salary data, assignment or work location, together with duty hours and the prescribed workweek. The salary data shall include the annual, monthly or pay period, daily, hourly, overtime and differential rate of compensation, whichever are applicable. One copy shall be retained by the employee and the other copy shall be signed and dated by the employee and returned to his or her supervisor. This section shall not apply to short-term, limited-term, or provisional employees, as those terms are defined in 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). (Amended by Stats. 1995, Ch. 758, Sec. 228. Effective January 1, 1996.)
  115. 88180.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “differential compensation” and “shift” 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 88180. For purposes of this article, the following definitions shall apply unless the context indicates otherwise: (a) “Differential compensation” means either a reduction in the number of hours required to be actually worked or an increase in salary. (b) “Shift” means the number of hours worked and shall include a duty-free meal period of not less than one-half hour which, in the case of a seven- or eight-hour shift, shall occur approximately at the midpoint of the shift. This subdivision shall not apply to employees working six hours or less, or assigned to a split shift. (Enacted by Stats. 1976, Ch. 1010.)
  116. 88181.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district boards, or personnel commissions in merit system districts, must look at private-sector morning and night shift salary practices and consider whether to offer comparable salary differentials for classified staff, as far as possible.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 88181. The governing board of every community college district, or the personnel commission in any merit system district, shall, insofar as it is possible to do so, determine the practices relating to morning- and night-shift salary differentials in the private employment fields in which it must compete for employees for its classified staff and shall consider the advisability of providing comparable salary differentials for its classified staff. (Enacted by Stats. 1976, Ch. 1010.)
  117. 88182.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may grant differential pay to classified employees with distasteful, dangerous, or unique duties if the board считает it reasonably justified.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 88182. The governing board of any community college district may provide differential compensation to those classified employees who perform duties of a distasteful, dangerous, or unique nature when, in the opinion of the board, such compensation is reasonably justified. In a merit system district, such differentials shall be based upon findings and recommendations of the personnel commission and shall not be applied in a manner contrary to the principle of like pay for like service. (Enacted by Stats. 1976, Ch. 1010.)
  118. 88183.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Requests for duty assignments with differential compensation must be decided by seniority, unless the assignment is temporary and lasts less than 20 working 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 88183. Assignment to duties for which differential compensation is designated, other than a temporary assignment of less than 20 working days, shall be made on the basis of seniority among those employees within the appropriate class who request such an assignment. (Enacted by Stats. 1976, Ch. 1010.)
  119. 88184.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee assigned to a shift that earns differential compensation cannot be demoted in class or grade because of that assignment.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 88184. No employee assigned to work a shift entitled to differential compensation shall be demoted in class or grade as a result of such an assignment. (Enacted by Stats. 1976, Ch. 1010.)
  120. 88185.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee who gets shift differential pay keeps it during a temporary reassignment to a non-differential shift for up to 20 working 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 88185. An employee receiving differential compensation on the basis of his or her shift shall not lose that compensation if the employee is temporarily, for 20 working days or less, assigned to a shift not entitled to that compensation. The regular rate of pay for all purposes of an employee assigned to a shift which provides differential compensation shall be the differential rate. (Amended by Stats. 1995, Ch. 758, Sec. 229. Effective January 1, 1996.)
  121. 88186.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article applies to community college districts that have adopted the merit system.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 5. Differential Compensation [88180 - 88186] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 88186. This article shall apply to community college 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.)
  122. 88190.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district governing boards may grant voluntary leaves and vacations, and districts must pay full compensation back to an employee who returns after an involuntary leave if the proceedings end in the employee’s favor.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88190. (a) Governing boards of community college districts may grant voluntary leaves of absence and vacations, with or without pay, to persons employed in the classified service of the district. (b) If a community college district places an employee on an involuntary leave of absence during the period the employee is charged with a criminal offense, is under a criminal investigation, or is waiting due to administrative delay for necessary job-related administrative determinations, then upon the conclusion of the proceedings in favor of the employee, the community college district shall pay to the employee the employee’s full compensation for the period of the involuntary leave of absence upon the employee’s return to service in the community college district. For purposes of this subdivision, “involuntary leave of absence” includes, but is not limited to, a compulsory leave of absence or a suspension. This subdivision shall not reduce any entitlement to paid leave or replace any relevant procedures under any other law. (c) 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. 2023, Ch. 331, Sec. 2. (AB 472) Effective January 1, 2024.)
  123. 88191.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees in community college districts get paid sick leave, with prorated amounts for part-year or part-time 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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88191. Every classified employee employed five days a week by a community college district shall be entitled to 12 days leave of absence for illness or injury and such additional days, in addition thereto, as the governing board may allow for illness or injury, exclusive of all days the employee is not required to render service to the district, with full pay for a fiscal year of service. A classified employee, employed five days a week, who is employed for less than a full fiscal year, is entitled to that proportion of 12 days leave of absence for illness or injury as the number of months the employee is employed bears to 12 and the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. A classified employee employed less than five days per week shall be entitled, for a fiscal year of service, to that proportion of 12 days leave of absence for illness or injury as the number of days the employee is employed per week bears to five and is entitled to the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. When these persons are employed for less than a full fiscal year of service, this and the preceding paragraph shall determine that proportion of leave of absence for illness or injury to which they are entitled. Pay for any day of such absence shall be the same as the pay which would have been received had the employee served during the day. Credit for leave of absence need not be accrued prior to taking that leave by the employee and such leave of absence may be taken at any time during the year. However, a new employee of a district shall not be eligible to take more than six days, or the proportionate amount to which the employee may be entitled under this section, until the first day of the calendar month after completion of six months of active service with the district. If the employee does not take the full amount of leave allowed in any year under this section, the amount not taken shall be accumulated from year to year with such additional days as the governing board may allow. 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 purpose 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 religious sect, denomination or organization. This section shall not apply to a district in which the full-time equivalent student of the district is in excess of 400,000, if the district maintains sick leave policies not less than those in effect in such districts on January 1, 1961. 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. 230. Effective January 1, 1996.)
  124. 88192.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district boards must adopt rules for industrial accident or illness leave for classified employees, including minimum leave amounts, pay limits, reemployment rules, and related leave coordination.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88192. (a) The governing board of a community college district shall provide, by rules and regulations, for industrial accident or illness leaves of absence for employees who are a part of the classified service. 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, 1975, shall provide, by rules and regulations, for these leaves of absence on or before the date on which the organization or reorganization of the community college district becomes effective for all purposes. (b) The rules and regulations shall include all of the following provisions: (1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulative from year to year. (3) Industrial accident or illness leave of absence shall commence on the first day of absence. (4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. (5) Industrial accident leave shall be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. (6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. (c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 88191. When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used, but if an employee is receiving workers’ compensation, the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation or other available leave as, when added to the workers’ compensation award, provide for a full day’s wage or salary. (d) The governing board of a community college district, by rule or regulation, may provide for additional leave of absence, paid or unpaid, as it deems appropriate and during that leave the employee may return to his or her position without suffering any loss of status or benefits. (e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. (f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off or other available leave provided by law or the action of a governing board of a community college district, the employee shall endorse to the community college district wage loss benefit checks received under the workers’ compensation laws of this state. The community college district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. (g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee, if not placed in another position, shall be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of his or her previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. (h) The governing board of a community college district may require that an employee serve, or have served continuously, a specified period of time with the community college district before the benefits provided by this section are made available to the employee. However, that period shall not exceed three years. All service of an employee before the effective date of this section shall be credited in determining compliance with the requirement. (i) 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 and accident or illness leave as provided in this section but without limitation as to the number of days of that leave and without any requirement of a specified period of service. (j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. (k) This section applies to community college 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. 2016, Ch. 86, Sec. 75. (SB 1171) Effective January 1, 2017.)
  125. 88193.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district board may grant leave for classified female employees absent because of pregnancy or recovery after childbirth, and may set proof, timing, duration, and pay terms.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88193. The governing board of any community college district may provide for such leave of absence from duty as it deems appropriate for any female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy or convalescence following childbirth, and may adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. 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.)
  126. 88194.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees in the classified service of a community college district are entitled to bereavement leave of up to 3 days, or 5 days if out-of-state travel is required, when an immediate family member dies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88194. Every person employed in the classified service of any community college district shall be granted necessary 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 nor shall such 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. 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. 232. Effective January 1, 1996.)
  127. 88195.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain permanent classified employees may receive extended leave after exhausting paid leave, and the board may renew that leave up to 18 months total. If the employee recovers, they can return to their assigned class and later must be restored or reemployed under the section’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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88195. A permanent employee of the classified service who has exhausted all entitlement to sick leave, vacation, compensatory overtime, or other available paid leave and who is absent because of nonindustrial accident or illness may be granted additional leave, paid or unpaid, not to exceed six months. The board may renew the leave of absence, paid or unpaid, for two additional six-month periods or lesser leave periods that it may provide but not to exceed a total of 18 months. An employee, upon ability to resume the duties of a position within the class to which he or she was assigned, may do so at any time during the leaves of absence granted under this section and time lost shall not be considered a break in service. The employee shall be restored to a position within the class to which he or she was assigned and, if at all possible, to his or her position with all the rights, benefits and burdens of a permanent employee. If, at the conclusion of all leaves of absence, paid or unpaid, the employee is still unable to assume the duties of his or her position, the employee shall be placed on a reemployment list for a period of 39 months. At any time during the prescribed 39 months that the employee is able to assume the duties of his or her position, the employee shall be reemployed in the first vacancy in the classification of his or her previous assignment. The employee’s reemployment shall take preference over all other applicants except for those laid off for lack of work or funds under Section 88117 in which case the employee shall be ranked according to his or her proper seniority. Upon resumption of the employee’s duties, the break in service will be disregarded and the employee shall be fully restored as a permanent employee. 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. 233. Effective January 1, 1996.)
  128. 88196.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section limits salary deductions during short absences for illness or accident and lets a governing board adopt a more generous paid sick leave rule.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88196. When a person employed in the classified service is absent from his or her duties on account of illness or accident for a period of five months or less, whether or not the absence arises out of or in the course of 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 which is actually paid a substitute employee employed to fill the employee’s position during his or her absence. Except in a district where the governing board has adopted a salary schedule for substitute employees of the district, the amount paid the substitute employee during any month shall be less than the salary due the employee absent from the employee’s duties. Entitlement to sick leave provisions under this section, if any, shall be considered “entitlement to other sick leave” for the purposes of computing benefits under Section 88192 if the absence is for industrial accident or illness and shall be used after entitlement to all regular sick leave, accumulated compensating time, vacation or other available paid leave has been exhausted. This section shall not apply to any community college district that adopts and maintains, in effect, a rule which provides that a regular classified employee shall be credited once a year with a total of not less than 100 working days of paid sick leave, including days to which he or she is entitled under Section 88191. These days of paid sick leave, in addition to those required by Section 88191, shall be compensated at not less than 50 percent of the employee’s regular salary. The paid sick leave authorized under such a rule shall be exclusive of any other paid leave, holidays, vacation, or compensating time to which the employee may be entitled. Nothing in this section shall preclude the governing board from adopting such a rule. (Amended by Stats. 1995, Ch. 758, Sec. 234. Effective January 1, 1996.)
  129. 88196.1.

    ## 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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A classified employee may use sick leave for parental leave, up to 12 workweeks, with limits on how parental leave is counted and paid in certain 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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88196.1. (a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In the community college districts that use the differential pay system described in the first paragraph of Section 88196, 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 substitute employee employed to fill his or her position during his or her absence. (3) In community college districts that use the differential pay system described in the last paragraph of Section 88196, 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 classified employee 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 of parental leave 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 classified employee 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. 4. (AB 2012) Effective January 1, 2019.)
  130. 88196.5.

    ## 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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    A community college district may deduct certain insurance-related amounts from an employee’s salary, but only if the section is included in a collective bargaining agreement.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88196.5. A community college district may deduct from the salary otherwise payable to an employee under Section 88196 an amount which is payable, in lieu of salary and on account of the absence for illness or accident, to the employee as the beneficiary under a policy of insurance purchased by the district. This section shall not be applicable unless specifically included in a collective bargaining agreement between the exclusive representative and the school employer. (Added by Stats. 1978, Ch. 323.)
  131. 88197.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Community college districts must give regular classified employees annual vacation and set vacation credit rules; employees may take vacation with approval, and unused earned vacation is paid out on separation, subject to a six-month service limit.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88197. (a) Every community college district shall grant to regular classified employees an annual vacation at the regular rate of pay earned at the time the vacation is commenced. The vacation shall be as determined by the community college district, but shall be not less than five-sixths of a day for each month in which the employee is in a paid status for more than one-half the working days in the month, if the employee is regularly employed five days per week, seven to eight hours a day. An employee in a paid status for less than one-half the working days in a month shall have his or her vacation credit accrued on the basis provided for in subdivision (b) or (c). (b) In lieu of accrual of vacation credit on a monthly basis and proration as prescribed in subdivision (a), a district may provide for accrual of vacation credit on any of the following bases: (1) For all employees or classes of employees who work a full workweek of 40 hours, the district shall provide 0.03846 hour of vacation credit for each hour of paid service, not including overtime. (2) For all employees or classes of employees who work a full workweek of 37.5 hours, the district shall provide 0.04087 hour of vacation credit for each hour of paid service, not including overtime. (3) For all employees or classes of employees who work a full workweek of 35 hours, the district shall provide 0.04379 hour of vacation credit for each hour of paid service, not including overtime. (c) For all employees regularly employed for fewer than 35 hours a week, regardless of the number of hours or days worked per week, the vacation credit shall be computed at the rate of 0.03846 for each hour the employee is in paid status, not including overtime. (d) Vacation, with the approval of the employer, may be taken at any time during the college year. If the employee is not permitted to take his or her full annual vacation, the amount not taken shall accumulate for use in the next year or be paid for in cash at the option of the governing board. (e) Earned vacation shall not become a vested right until completion of the initial six months of employment. (f) The employee may be granted vacation during the college year even though not earned at the time the vacation is taken. (g) If an employee is terminated and had been granted vacation which was not yet earned at the time of termination of his or her services, the employer shall deduct from the employee’s severance check the full amount of salary which was paid for such unearned days of vacation taken. (h) Upon separation from service, the employee shall be entitled to lump-sum compensation for all earned and unused vacation, except that employees who have not completed six months of employment in regular status shall not be entitled to such compensation. (i) This section shall not apply to substitute, short-term, or limited-term employees, as defined in Sections 88003 and 88105, unless those employees are specifically included by the district. (j) The district may expand the benefits provided for in this section. (k) 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. 235. Effective January 1, 1996.)
  132. 88198.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district governing board may grant additional leaves of absence, with or without pay, for other purposes or time periods, but it cannot take away any leave an employee is already 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88198. 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 classified positions, that express authorization or requirement shall 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. 236. Effective January 1, 1996.)
  133. 88199.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Community college district governing boards may grant leaves of absence to certain nonacademic employees and may, in their discretion, pay compensation during the absence at a rate they set.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88199. Governing boards of community college districts may grant leaves of absence to persons employed in nonacademic positions, and at their discretion may pay compensation at the rate the board prescribes, during the absence, to any employee whose absence is caused by accident or illness, whether or not the absence arises out of or 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. (Amended by Stats. 1990, Ch. 1302, Sec. 198. Effective September 25, 1990.)
  134. 8820.

    ## 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 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] ( Chapter 5.1 added November 8, 2022, by initiative Proposition 28, Sec. 2.1. )

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    This section creates a funding program for arts and music in schools and requires state and local education agencies to calculate, allocate, certify, and report on the funds.

    ## 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 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] ( Chapter 5.1 added November 8, 2022, by initiative Proposition 28, Sec. 2.1. ) ## 8820. (a) The Arts and Music in Schools—Funding Guarantee and Accountability Act is hereby established for the purpose of providing a minimum source of annual funding for K–12 public schools, including public charter schools, to supplement arts education programs for pupils attending those schools. (b) (1) Commencing with the first fiscal year following enactment of this act, and for each fiscal year thereafter, there shall be continuously appropriated without regard to fiscal years from the General Fund to the department for the purposes of this chapter, an amount which is equal to 1 percent of the total state and local revenues received by local educational agencies in the preceding fiscal year that are included in the calculation of the minimum funding guarantee established by Sections 8 and 8.5 of Article XVI of the California Constitution, excluding the appropriation made pursuant to this chapter. (2) The Director of Finance shall calculate and publish the amount required to be appropriated by this chapter as part of the annual May Revision of the Governor’s Budget. The amount required to be appropriated by this chapter for each subsequent fiscal year shall be considered final as of the annual May Revision of the Governor’s Budget for the subsequent fiscal year. The Director of Finance shall publish the required appropriation amount by January 10 each fiscal year as part of the director’s duties pursuant to subdivision (d) of Section 41206.01. (3) Notwithstanding any other law, for purposes of making the computations required by subdivision (b) of Section 8 of Article XVI of the California Constitution: (A) For the first fiscal year following enactment of this chapter, the appropriations made pursuant to this subdivision shall be deemed supplementary payments in excess of the minimum amount required for that fiscal year pursuant to Section 8 of Article XVI of the California Constitution and shall not be considered towards fulfilling the requirements of Section 8 of Article XVI of the California Constitution for that fiscal year. (B) For subsequent fiscal years, the appropriations made pursuant to this subdivision shall be considered moneys that were allocated to school districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B of the California Constitution. (C) Commencing with the second fiscal year following the enactment of this act, and each fiscal year thereafter, “the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87,” for purposes of paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution, shall be deemed to be the percentage of General Fund revenues that would have been appropriated for those entities if the share of the General Fund of the supplementary payments calculated pursuant to this subdivision in the prior fiscal year had been included in the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87. (c) Funds appropriated pursuant to this chapter shall be allocated by the department to each local educational agency as the sum of the amount calculated pursuant to paragraph (1) and the amount calculated pursuant to paragraph (2) for each schoolsite in that local educational agency, as follows: (1) An amount equal to the product of 70 percent of the funding appropriated in subdivision (b) times the school’s enrollment in the prior fiscal year, divided by the total statewide enrollment in the prior fiscal year of local educational agencies. (2) An amount equal to the product of 30 percent of the funds appropriated in subdivision (b) times the school’s enrollment of economically disadvantaged pupils in the prior fiscal year, divided by the total statewide enrollment of economically disadvantaged pupils in the prior fiscal year of local educational agencies. For schools serving preschool pupils, the enrollment of economically disadvantaged preschool pupils shall be deemed to equal the enrollment of preschool pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool’s local educational agency. If there is no elementary school within the preschool’s local educational agency, the enrollment of economically disadvantaged preschool pupils shall be deemed to equal the enrollment of preschool pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool’s county. (d) Local educational agencies shall allocate to each schoolsite an amount equal to the sum of the amount calculated pursuant to paragraph (1) of subdivision (c) and the amount calculated pursuant to paragraph (2) of subdivision (c). (e) For each schoolsite or preschool, the principal or program director shall develop an expenditure plan for the funds allocated pursuant to subdivision (d). (f) (1) Funds allocated pursuant to subdivision (d) shall be available for use for up to three fiscal years after which time the unexpended funds shall be reverted to the department, which shall reallocate those funds to all local educational agencies in the following fiscal year pursuant to subdivision (c). (2) Local educational agencies are required to report to the department the amount of unexpended funds by October 1 following the conclusion of the expenditure period pursuant to paragraph (1). If a charter school ceases to operate, a final expenditure report shall be due to the department within 60 days of the effective date of closure and the department shall collect any unexpended amounts. (3) The department may withhold the release of a local educational agency’s allocation pursuant to this section for the fiscal year in which the expenditure report required by paragraph (2) is due until that local educational agency has submitted the required expenditure report. (g) As a condition of receipt of funds pursuant to this chapter, a local educational agency shall annually: (1) Certify that all funds will be used to provide arts education programs, and that funds expended in the prior fiscal year were, in fact, used for those purposes, except as provided in paragraph (3). For local educational agencies with an enrollment of 500 or more pupils, the certification shall also ensure that at least 80 percent of funds to be expended will be used to employ certificated or classified employees to provide arts education program instruction and that the remaining funds will be used for training, supplies and materials, and arts educational partnership programs. (2) Certify that such funds received will be used to supplement funding for arts education programs and that funds expended in the prior fiscal year were, in fact, used to supplement arts education programs. (3) Certify that no more than 1 percent of funds received will be used for a local educational agency’s administrative expenses to implement this chapter and that funds received in the prior fiscal year were, in fact, used within that limit. (4) Submit an annual board- or body-approved report in a manner determined by the Superintendent, that shall be posted on the local educational agency’s and the department’s internet websites and that details the type of arts education programs funded by the program, the number of full-time equivalent teachers, classified personnel, and teaching aides, the number of pupils served, and the number of schoolsites providing arts education programs with those funds. (h) The department may, for good cause shown, provide a waiver from the requirement pursuant to paragraph (1) of subdivision (g) upon written request from the local educational agency. (i) Annual audits conducted in accordance with Section 41020 shall include all funds received and distributed by the local educational agency pursuant to this section, and shall include a determination of whether the funds were expended pursuant to the certifications submitted and the requirements of this section. (j) The Legislature may reduce the annual appropriation required by this chapter if the Legislature suspends the operation of Proposition 98 by the enactment of an urgency statute pursuant to subdivision (h) of Section 8 of Article XVI of the California Constitution. The percent of the reduction in the annual appropriation required by this chapter shall not exceed the percent of reduction in funding provided to K–12 schools and community colleges for the fiscal year below the funding level of minimum guarantee that would have been provided pursuant to Section 8 of Article XVI of the California Constitution if the suspension of the operation of Proposition 98 had not occurred. (k) Nothing in this section prohibits the Legislature from appropriating funds for the program in excess of this minimum annual appropriation. (Amended by Stats. 2024, Ch. 80, Sec. 34. (SB 1525) Effective January 1, 2025.)
  135. 88200.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Governing boards may let permanent classified employees stop or end vacation leave to start another paid leave if the employee gives adequate notice and supporting information.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88200. Governing boards of community college districts may allow permanent classified employees to interrupt or terminate vacation leave in order to begin another type of paid leave without a return to active service, provided the employee supplies adequate notice and relevant supporting information regarding the basis for such interruption or termination. 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.)
  136. 88201.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Community college district governing boards may accept an employee’s resignation and set when it takes effect, but the effective date cannot be 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88201. The governing boards of any community college district may accept the resignation of any employee and may fix the time when the resignation shall take effect, which shall not be later than the close of the school year during which the resignation is received by the board. (Enacted by Stats. 1976, Ch. 1010.)
  137. 88202.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Certain classified employees who move to a community college district or county superintendent of schools can carry over earned leave, and district boards may not require them to waive those transferable 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88202. Any classified employee of a community college district, school district, or county superintendent of schools who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause and who subsequently accepts employment with a community college district or county superintendent of schools within one year of the termination of his or her former employment, shall have transferred with him or her to the employing community college district or county superintendent of schools the total amount of earned leave of absence for illness or injury to which he or she is entitled under Section 45191 or 88191. This transfer shall be in the same manner as is provided for academic employees. In any case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board of the community college district or the county superintendent of schools newly employing the employee. All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the employing entity, be construed to have been served in the employing community college district or county superintendent of schools of employment for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the board. No governing board of a community college district shall adopt any policy or rule, written or unwritten, that requires all classified employees, or any individual classification, or group of classifications of employees transferring to its district to waive any part or all benefits which they may be entitled to have transferred in accordance with this section. This section shall apply to community college 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. 1993, Ch. 326, Sec. 3. Effective January 1, 1994.)
  138. 88203.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Classified employees and certain regular district employees are entitled to paid holidays, and employees required to work on a listed holiday must receive extra compensation or time off.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88203. (a) (1) All probationary or permanent employees who are part of the classified service shall be entitled to the following paid holidays if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday: (A) January 1. (B) February 12 known as “Lincoln Day.” (C) The third Monday in February known as “Washington Day.” (D) The last Monday in May known as “Memorial Day.” (E) July 4. (F) The first Monday in September known as “Labor Day.” (G) November 11 known as “Veterans Day.” (H) That Thursday in November proclaimed by the President as “Thanksgiving Day.” (I) December 25. (J) Every day appointed by the President, or the Governor of this state, as provided for in subdivisions (c) and (d) of Section 79020 for a public fast, thanksgiving, or holiday. (K) Any day declared a holiday under Section 1318 for classified or academic employees. (2) College recesses during the Christmas and Easter periods shall not be considered holidays for classified employees who are normally required to work during that period; provided, however, that this shall not be construed as affecting vacation rights specified in this section. (3) For purposes of this section, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. (b) Regular employees of the community college district who are not normally assigned to duty during the community college holidays of December 25 and January 1 shall be paid for those two holidays if they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period. (c) When a holiday listed in this section falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of the holidays listed in this section, they shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half their regular rate of pay. (d) Article 3 (commencing with Section 79020) of Chapter 8 of Part 48 shall not be construed to in any way limit this section, nor shall anything in this section be construed to prohibit the governing board of a community college district from adopting separate work schedules for the academic and the classified services, or from providing holiday pay for employees who have not been in paid status on the days specified in this section. Notwithstanding the adoption of separate work schedules for the academic and the classified services, on any schoolday during which students would otherwise have been in attendance, but are not and for which faculty receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day. (e) In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on March 31 known as “Cesar Chavez Day,” a paid holiday on April 24 known as “Genocide Remembrance Day,” a paid holiday on the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and a paid holiday on the fourth Friday in September known as “Native American Day,” if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board of the community college district, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the paid holiday. (f) In lieu of a paid holiday on February 12, Lincoln Day, or the third Monday in February, Washington Day, as specified in this section, the classified service shall be entitled to a paid holiday on the date corresponding to the Lunar New Year holiday selected pursuant to subdivision (n) of Section 79020, if they are in a paid status during any portion of the working day immediately preceding or succeeding the Lunar New Year holiday, if the governing board of the community college district, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the replacement holiday pursuant to subdivision (n) of Section 79020. (g) This section shall apply to community college 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. 2025, Ch. 358, Sec. 6. (AB 268) Effective January 1, 2026.)
  139. 88204.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may get an exemption from Section 88203 for weekend-and-holiday-only positions with a special salary rate, but a governing board may not create such positions to avoid overtime.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88204. Notwithstanding the provisions of Section 88203, if a community college district establishes a position or class of positions for which employees are required to work exclusively on weekends and holidays, and for which a special salary rate is established that recognizes the exclusive weekend and holiday peculiarity, the employees and positions may be exempted, by the personnel commission, where applicable, or the governing board from the benefits of Section 88203. No governing board may create a position or a class of positions, under this section, to avoid payment of overtime. 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.)
  140. 88205.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board of a community college district may choose substitute holidays for classified employees, and classified employees must work the regular holiday when a substitute is designated.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88205. Prior to July 1 of any college year, the governing board of any community college district may designate other days during that year as the holidays to which classified employees are entitled in lieu of the holidays on February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” or November 11 known as “Veterans Day” as specified in Section 88203, if the designated days provide for at least a three-day weekend. Classified employees shall be required to work on the regular holiday for which another day is designated pursuant to this section, and for work of eight hours or less, shall be paid compensation at their regular rate of pay. If any classified employee would be entitled to the regular paid holiday but would not be in a paid status during any portion of the working day immediately preceding or succeeding the day so designated in lieu of that holiday and therefore would not be entitled to a day in lieu of the holiday, he or she shall be entitled to the regular holiday; however, if the employee is required to work on that holiday, he or she shall be paid compensation at the rate of time and one-half of his or her regular rate of pay in addition to the regular pay received for the holiday. This section shall not be construed to authorize the maintenance of colleges on holidays other than as provided in Article 3 (commencing with Section 79020) of Chapter 8 of Part 48. 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. 238. Effective January 1, 1996.)
  141. 88205.5.

    ## 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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a community college district does not treat September 9 (Admission Day) as a paid holiday for classified employees, it must provide those employees a substitute holiday.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88205.5. Notwithstanding any other provision of law, if the governing board of a community college district does not designate September 9 known as “Admission Day” as a paid holiday for classified employees, the district shall provide a substitute holiday for those employees. The substitute holiday shall be provided as specified in Section 88205. 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. 239. Effective January 1, 1996.)
  142. 88206.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district must give a substitute holiday or pay compensation if a classified employee loses a holiday because of a non-Monday-to-Friday workweek, including a Saturday or Sunday schedule the employee agrees to.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88206. Any community college district that requires any classified employee to work a workweek other than Monday through Friday, or if the classified employee consents to a workweek including Saturday or Sunday, or both, and as a result thereof the employee loses a holiday to which he or she would otherwise be entitled, shall provide a substitute holiday for the employee, or provide compensation in the amount to which the employee would have been entitled had the holiday fallen within his or her normal work schedule. (Amended by Stats. 1995, Ch. 758, Sec. 240. Effective January 1, 1996.)
  143. 88207.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Contract or regular employees may use earned illness-or-injury leave for personal necessity, and district governing boards must set proof rules. Advance permission cannot be required for certain reasons, and leave over seven days is limited unless an agreement or policy allows 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88207. (a) A contract or regular employee may, at the employee’s election, use any days of absence for illness or injury earned pursuant to Section 88191 in cases of personal necessity, including any of the following: (1) Death of a member of the employee’s immediate family when additional leave is required beyond that provided both in Section 88194 and as a right by the governing board. (2) Accident involving the person or property of the employee or of a member of his or her immediate family. (3) Appearance in any court or before any administrative tribunal as a litigant, party, or witness under subpoena or any order made with jurisdiction. (4) Any other reasons that the governing board may prescribe. (b) The governing board of each community college district shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for the purpose of this section. The adopted rules and regulations may not require an employee to secure advance permission for leave taken for the purposes specified in paragraphs (1) and (2) of subdivision (a). Earned leave in excess of seven days may not be used in any college year for the purposes enumerated in this section except if either of the following conditions exist: (1) A maximum number of days in excess of seven is specified for that purpose in an agreement between the exclusive representative of the employees and the community college district. (2) If there is no exclusive representative of the employees, the governing board of the community college district, by resolution, adopts a policy allowing earned leave in excess of seven days to be used in any school year for the purposes enumerated in this section. (c) Authorized necessity leave shall be deducted from sick leave earned under the exemption of Section 88191. (d) For purposes of this section, “immediate family” has the same meaning as in Section 88194. (e) This section applies 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) and to community college districts that may be exempted from Section 88191. (Amended by Stats. 2003, Ch. 843, Sec. 3. Effective January 1, 2004.)
  144. 88207.5.

    ## 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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain contract or regular employees may take up to 30 days of leave in a school year, with special rules for biological and nonbiological parents.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88207.5. (a) A contract or regular employee may use up to 30 days of leave in a school year, less any days of leave authorized pursuant to Section 88207, 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. 133. (AB 731) Effective January 1, 2016.)
  145. 88209.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Director of Employment Development is the administrator of the unemployment insurance system.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88209. The Director of Employment Development is the administrator of the system of unemployment insurance, as provided in Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code. (Amended by Stats. 1977, Ch. 1252.)
  146. 8821.

    ## 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 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] ( Chapter 5.1 added November 8, 2022, by initiative Proposition 28, Sec. 2.1. )

    Verify source ↗

    This section defines several terms for the chapter and says local educational agencies must use chapter funds to increase arts education funding rather than replace existing funding.

    ## 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 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] ( Chapter 5.1 added November 8, 2022, by initiative Proposition 28, Sec. 2.1. ) ## 8821. For purposes of this chapter, the following definitions apply: (a) “Arts education program” includes, but is not limited to, instruction and training, supplies, materials, and arts educational partnership programs, for instruction in: dance, media arts, music, theatre, and visual arts, including folk art, painting, sculpture, photography, and craft arts, creative expressions, including graphic arts and design, computer coding, animation, music composition and ensembles, and script writing, costume design, film, and video. (b) “Economically disadvantaged pupil” means a pupil who is eligible for the federal National School Lunch Act (42 U.S.C. Sec. 1751 et seq.) or any successor program. (c) “Enrollment” means every preschool, transitional kindergarten, and K–12 pupil enrolled in a local educational agency and schoolsite. A “preschool pupil” means a pupil enrolled in the California state preschool program or a pupil three years of age through five years of age enrolled in a preschool program for pupils with exceptional needs in a local educational agency. (d) “Local educational agency” includes K–12 school districts, county offices of education, charter schools, and the California school for the blind and the California school for the deaf. (e) “Supplement” means that the funds appropriated by this chapter shall be used by local educational agencies to increase funding of arts education programs and not to supplant existing funding for those programs. (Amended by Stats. 2023, Ch. 49, Sec. 2. (SB 115) Effective July 10, 2023.)
  147. 88210.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college district boards must grant certain classified employees unpaid-loss leave for public employee organization service or activities, and the organization must reimburse the district in some cases.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 6. Resignations and Leaves of Absence [88190 - 88210] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 88210. (a) (1) The governing board of a community college district shall grant to a classified 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 a local community college district public employee organization, or of a 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 employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (b) Upon request of a recognized local community college district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated, the governing board of a community college district shall grant a leave of absence, without loss of compensation, to a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization. Compensation during the leave shall include retirement fund contributions required of the community college district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (c) 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 or an unelected member 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. (d) 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. (e) The representing employee organization shall provide reasonable notification to the employer requesting a leave of absence without loss of compensation pursuant to subdivision (a). (f) (1) A classified employee who after August 31, 1987, was absent on account of elected-officer service, shall receive full service credit in the Public Employees’ Retirement System, 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 employee is an elected officer pays to the employee’s community college district an amount equal to the required Public Employees’ Retirement System member and employer retirement contributions, as prescribed by this section. (2) The community college district, following the written request and payment, shall transmit the amount received to the Public Employees’ Retirement System, informing it of the period of the employee’s leave of absence. The Public Employees’ 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 community college district for the period of the service, then, as a condition to the employee’s entitlement to service credit for the period, the community college district shall be reimbursed by the employee organization for the amount of the compensation. (g) 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, 1987. (h) This section shall not apply to an employee who is subject to a collective bargaining agreement that expressly provides for a leave of absence without loss of compensation for participation in authorized activities as an elected officer or an unelected member of the public employee organization. (Amended by Stats. 2021, Ch. 539, Sec. 5. (SB 294) Effective January 1, 2022.)
  148. 8822.

    ## 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 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] ( Chapter 5.1 added November 8, 2022, by initiative Proposition 28, Sec. 2.1. )

    Verify source ↗

    This section says the act is severable, intended to be comprehensive, and may be amended by the Legislature under specified voting procedures.

    ## 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 5.1. The Arts and Music in Schools—Funding Guarantee and Accountability Act [8820 - 8822] ( Chapter 5.1 added November 8, 2022, by initiative Proposition 28, Sec. 2.1. ) ## 8822. (a) If any provision of this act or application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. (b) This act is intended to be comprehensive. It is the intent of the people that in the event this act or acts relating to the same subject shall appear on the same statewide election ballot, the provisions of the other act or acts shall be deemed to be in conflict with this act. In the event that this act receives a greater number of affirmative votes, the provisions of this act shall prevail in their entirety, and all provisions of the other act or acts shall be null and void. (c) Except as provided in subdivision (j) of Section 8820, the Legislature may amend this chapter to further its purposes by a bill passed in each house by rollcall vote entered into the journal, two-thirds of the membership of each house concurring. (Added November 8, 2022, by initiative Proposition 28, Sec. 2.1. Effective December 21, 2022.)
  149. 88240.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article can be cited as the Instructional Aide Act of 1968, and it applies to personnel described in Section 72401 (or similar sections) when they perform instructional aide 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88240. This article may be cited as the Instructional Aide Act of 1968. The provisions of this article shall apply to personnel referred to in Section 72401 or any other section enacted before or after November 13, 1968, who perform the duties of instructional aides. (Amended by Stats. 1981, Ch. 470, Sec. 406.)
  150. 88241.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The section states the Legislature’s intent to allow instructional aides to be employed to help classroom instructors and other 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88241. The Legislature recognizes the need to provide classroom instructors and other faculty with more time to instruct and to provide the means for them to utilize their professional knowledge and skills more effectively in the educational programs of the public schools. It is the intent of the Legislature to authorize the employment of instructional aides in order that classroom instructors and other faculty may draw upon the services of instructional aides to assist them in ways determined to be useful in improving the quality of educational opportunities for students. (Amended by Stats. 1990, Ch. 1302, Sec. 201. Effective September 25, 1990.)
  151. 88242.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Community college districts may not use instructional aides to raise the student-to-classroom-instructor ratio, and they must give instructional aide positions the basic title “instructional aide” or another title chosen by the governing 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88242. Instructional aides shall not be utilized to increase the number of students in relation to the number of classroom instructors in any community college district. All instructional aide positions in a community college district shall be assigned the basic title of “instructional aide” or other appropriate title designated by the governing board. To provide for differences in responsibilities and duties, additions to the basic title may be assigned such as “instructional aide I or II” or “instructional aide—volunteer,” or other appropriate title. (Amended by Stats. 1981, Ch. 470, Sec. 407.)
  152. 88243.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “instructional aide” 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88243. As used in this article, “instructional aide” means a person employed to assist classroom instructors and other faculty in the performance of their duties and in the supervision of students and in instructional tasks which, in the judgment of the faculty to whom the instructional aide is assigned, may be performed by a person not qualified as a classroom instructor. (Amended by Stats. 1990, Ch. 1302, Sec. 202. Effective September 25, 1990.)
  153. 88244.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may employ instructional aides, but aides may only do duties approved by the assigned faculty and may not assign grades. The district sets the aides’ educational qualifications, and faculty keep responsibility for instruction and 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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88244. (a) Subject to the provisions of this article, any community college district may employ instructional aides to assist classroom instructors and other faculty in the performance of duties as defined in Section 88243. An instructional aide shall perform only such duties as, in the judgment of the faculty to whom the instructional aide is assigned, may be performed by a person not qualified as a classroom instructor. These duties shall not include assignment of grades to students. An instructional aide need not perform such duties in the physical presence of the instructor but the faculty member shall retain responsibility for the instruction and supervision of the students in his or her charge. (b) Educational qualifications for instructional aides shall be prescribed by the community college district employer and shall be appropriate to the responsibilities to be assigned. (Amended by Stats. 1990, Ch. 1302, Sec. 203. Effective September 25, 1990.)
  154. 88245.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An instructional aide must not disclose personal information about a student who is not the aide’s own child or ward, except under judicial process or to the student’s college faculty member or administrator.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88245. No instructional aide shall give out any personal information concerning any student who is not his or her own child or ward, except under judicial process, to any person other than a faculty member or administrator in the college which the student attends. A violation of this section may be a cause for disciplinary action, including dismissal. (Amended by Stats. 1995, Ch. 758, Sec. 243. Effective January 1, 1996.)
  155. 88247.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Instructional aides are treated as classified district employees, not academic employees for state-aid apportionment.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88247. (a) An instructional aide shall not be deemed an academic employee for the purposes of apportioning state aid and no regrouping of students with instructional aides shall be construed as a class for apportionment purposes. (b) Instructional aides shall be classified employees of the district, and shall be subject to all of the rights, benefits, and burdens of the classified service, except as specified in Section 88005 for “restricted” positions. (Amended by Stats. 1990, Ch. 1302, Sec. 206. Effective September 25, 1990.)
  156. 88248.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district must pay instructional aides at no less than the federal minimum hourly 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88248. The community college district shall pay to each person employed as an instructional aide compensation at a rate not less than the minimum hourly rate prescribed by federal law. (Enacted by Stats. 1976, Ch. 1010.)
  157. 88249.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A community college district may use volunteers to supervise and instruct students, and those volunteers must follow Section 72401 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Instructional Aides [88240 - 88249] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 88249. Notwithstanding the provisions of this article, or any other provisions of law, a community college district may utilize volunteers in the supervision and instruction of students, but any such volunteer shall be subject to the provisions of Section 72401 and this article. (Enacted by Stats. 1976, Ch. 1010.)
  158. 88260.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    This article applies only when a county superintendent of schools and a community college district governing board execute an agreement for the superintendent to assume operation of the district’s data processing center.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. ) ## 88260. The provisions of this article shall become applicable upon the execution of an agreement between a county superintendent of schools and a community college district governing board providing for the assumption by the county superintendent of schools of a data processing center operated by the community college district. (Added by Stats. 1977, Ch. 746.)
  159. 88261.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    A classified employee assigned to a transferred data processing center may choose to stop working for the community college district and become an employee of the county superintendent of schools.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. ) ## 88261. A community college district classified employee assigned to a data processing center which is transferred to a county superintendent of schools shall, upon the election of the employee to do so, cease to be an employee of the community college district upon the effective date of the agreement transferring the data processing center to the county superintendent of schools and shall thereafter be an employee of the county superintendent of schools and be paid from the county school service fund. (Amended by Stats. 1990, Ch. 1302, Sec. 207. Effective September 25, 1990.)
  160. 88262.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    Employees whose status changes under this article keep their accumulated unused sick leave, vacation, seniority rights, and other earned rights and benefits when transferred to 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. ) ## 88262. District employees whose status is changed pursuant to this article shall retain all accumulated and unused sick leave, vacation, seniority rights and other rights and benefits which can reasonably be construed to have been an earned right at the time of transfer to the county school service fund. (Added by Stats. 1977, Ch. 746.)
  161. 88263.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. )

    Verify source ↗

    Transferred employees must not lose salary when moved to a county school service fund 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Assumption by County Superintendent of Schools of the Operation of a Community College District’s Data Processing Center [88260 - 88263] ( Article 9 added by Stats. 1977, Ch. 746. ) ## 88263. No employee transferred from community college district service pursuant to this article to a position, the salary of which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer, or as to the future as it relates to his or her status on the salary scale of the county superintendent of schools in effect at that time. (Amended by Stats. 1995, Ch. 758, Sec. 244. Effective January 1, 1996.)
  162. 88270.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 10. Classified School Employee Week [88270- 88270.] ( Article 10 added by Stats. 1986, Ch. 45, Sec. 2. )

    Verify source ↗

    Community colleges must annually observe Classified School Employee Week, and the observance must be built into the regular college 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Classified School Employee Week [88270- 88270.] ( Article 10 added by Stats. 1986, Ch. 45, Sec. 2. ) ## 88270. The third full week in May is designated as Classified School Employee Week. All community colleges shall annually observe that week in recognition of classified school employees and the contributions they make to the educational community. The observances required by this section shall be integrated into the regular community college program. This section shall apply to all colleges under the jurisdiction of any community college district that has adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060), as well as to colleges under the jurisdiction of any district that has not adopted the merit system. (Added by Stats. 1986, Ch. 45, Sec. 2. Effective April 2, 1986.)
  163. 88280.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [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 11. The Classified Community College Employee Summer Assistance Program [88280- 88280.] ( Article 11 added by Stats. 2022, Ch. 54, Sec. 37. )

    Verify source ↗

    This section creates a summer assistance program for participating classified employees at participating community college districts and sets deadlines, eligibility rules, and payment 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 4. Classified Employees [88000 - 88280] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. The Classified Community College Employee Summer Assistance Program [88280- 88280.] ( Article 11 added by Stats. 2022, Ch. 54, Sec. 37. ) ## 88280. (a) The Classified Community College Employee Summer Assistance Program is hereby established for participating classified employees of participating community college districts under this section. (b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section. (c) A community college district may elect to participate in the program. A participating community college district shall notify classified employees, by January 1 during a fiscal year in which moneys are appropriated for purposes of this section, that the community college district has elected to participate in the program for the next academic year. Once a community college district elects to participate in the program and notifies classified employees pursuant to this subdivision, the community college district is prohibited from reversing its decision to participate in the program for the next academic year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section. (d) (1) A classified employee who elects to participate in the program shall notify the community college district, in writing, by March 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the chancellor’s office that the classified employee wishes to participate in the program for the applicable academic year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable academic year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments. A participating classified employee may elect to have up to 10 percent of the classified employee’s monthly pay withheld during the applicable academic year. (2) A classified employee is eligible to participate in the program if the classified employee has been employed with the community college district for at least one year at the time the classified employee elects to participate in the program. (3) (A) A classified employee is eligible to participate in the program if the classified employee is employed by the community college district in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the community college district, the employing community college district shall exclude any hours worked by the classified employee outside of their regular assignment. (B) For the 2023–24 and 2024–25 academic years, for purposes of determining a classified employee’s total months employed by the community college district, the employing community college district shall exclude any hours worked by the classified employee as a result of an extension of the academic year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible to participate in the program. (4) (A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the community college district is more than sixty-two thousand four hundred dollars ($62,400) for an entire academic year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the community college district, the employing community college district shall exclude any pay received by the classified employee during the previous summer recess period. (B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a community college district during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph. (e) A community college district that elects to participate in the program shall notify the chancellor’s office in writing, by April 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the chancellor’s office that it has elected to participate in the program. The community college district shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable academic year. (f) The chancellor’s office shall notify participating community college districts in writing, by May 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the chancellor’s office shall notify community college districts of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program. (g) Participating community college districts shall notify participating classified employees, by June 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (d) by notifying the employing community college district no later than 30 days after the start of instruction for the applicable fall term of the academic year. (h) The community college district shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (d) in a separate account. (i) (1) A classified employee that separates from employment with a community college district during the applicable academic year may request from the community college district any pay withheld from their paycheck pursuant to this section. (2) A classified employee, due to economic or personal hardship, may request from a community college district any pay withheld from their paycheck pursuant to this section. (3) A classified employee who requests any pay withheld by the community college district pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section. (j) Participating community college districts shall request payment from the chancellor’s office, on or before July 31 following the end of an academic year during which the program was operative, on a form developed by the chancellor’s office, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (k) The chancellor’s office may use any unexpended balance of moneys appropriated in any prior fiscal year to the chancellor’s office for purposes of this section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks. (l) The chancellor’s office shall apportion funds to participating community college districts within 30 days of receiving a request for payment by the participating community college district pursuant to subdivision (j). The apportionment shall be determined for each community college district by the chancellor’s office on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h). (m) If the total amount requested by participating community college districts exceeds the amount appropriated for purposes of this section, the chancellor’s office shall prorate the amount apportioned to participating community college districts accordingly, based on the amounts requested pursuant to subdivision (j). (n) The participating community college district shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the chancellor’s office that is attributable to the amount withheld from that classified employee’s paychecks during the applicable academic year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d). (o) The state match funding received by participating classified employees pursuant to this section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System. (p) For purposes of this section, the following definitions apply: (1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (2) “Month” means 20 days or 4 weeks of 5 days each, including legal holidays. (3) “Program” means the Classified Community College Employee Summer Assistance Program. (4) “Regular assignment” means a classified employee’s employment job duties during the academic year, excluding the summer recess period. (Amended by Stats. 2022, Ch. 572, Sec. 16. (AB 190) Effective September 27, 2022.)
  164. 8850.5.

    ## 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 5.5. Family Relationships and Parenting Education [8850.5- 8850.5.] ( Chapter 5.5 added by Stats. 1984, Ch. 1619, Sec. 1. )

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    This section defines “family relationships and parenting education” as an instructional program for pupils at all grade levels with age-appropriate components.

    ## 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 5.5. Family Relationships and Parenting Education [8850.5- 8850.5.] ( Chapter 5.5 added by Stats. 1984, Ch. 1619, Sec. 1. ) ## 8850.5. “Family relationships and parenting education,” as used in this chapter, means an instructional program designed to provide pupils at all grade levels with age-appropriate components, including all of the following: (a) Development of an understanding of the physical, mental, emotional, social, economic, and psychological aspects of themselves and others, and of the physiological, psychological, and cultural foundations of human development. (b) The opportunity to acquire knowledge which will support the development of responsible family relationships, strengthen the pupil’s current family life, and further the understanding of the role of the parent. (c) Development of an understanding of the consequences of decisions and actions upon personal, family, and peer relationships. (d) Recognition of, and attention to, the significance of healthy self-esteem in the growth and development of healthy human beings. (Added by Stats. 1984, Ch. 1619, Sec. 1.)
  165. 88600.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 1. Mission Statement [88600- 88600.] ( Chapter 1 added by Stats. 2012, Ch. 361, Sec. 2. )

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    The program must run according to stated principles, serve employers, workers, and students, collaborate with public institutions, use evidence and data, build private-sector partnerships, and support local educational agencies on apprenticeship training funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 1. Mission Statement [88600- 88600.] ( Chapter 1 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88600. (a) The economic and workforce development program shall operate according to all of the following principles: (1) The program shall be responsive to the needs of employers, workers, and students. (2) The program shall collaborate with other public institutions, aligning resources to foster cooperation across workforce education and service delivery systems, and building well-articulated career pathways. (3) Program decisions shall be data driven and evidence based, investing resources and adopting practices on the basis of what works. (4) The program shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation. (5) The program shall be outcome oriented and accountable, measuring results for program participants, including students, employers, and workers. (6) The program shall be accessible to employers, workers, and students who may benefit from its operation. (7) The program shall provide guidance to local educational agencies on the allocation and oversight of apprenticeship training funds, consistent with the rules set by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. (b) The mission of the economic and workforce development program is to do all of the following: (1) To advance California’s economic growth and global competitiveness through education, training, and services that contribute to continuous workforce improvement. (2) To advance California’s economic and jobs recovery and sustain economic growth through labor market-aligned education workforce training services, and sector strategies focusing on continuous workforce improvement, technology deployment, and business development, to meet the needs of California’s competitive and emerging industry sectors and industry clusters. (3) To use labor market information to advise the chancellor’s office and regional community college bodies on the workforce needs of California’s competitive and emerging industry sectors and industry clusters, in accordance with both of the following: (A) To the extent possible, the economic and workforce development program shall work with, share information with, and consider the labor market analyses produced by, the Employment Development Department’s Labor Market Information Division and the California Workforce Development Board. (B) The economic and workforce development program may also use its own resources to bolster and refine these labor market and industry sector and industry cluster analyses to fulfill its mission. (4) To provide technical assistance and logistical, technical, and communications infrastructure support that engenders alignment between the career technical education programs of the community college system and the needs of California’s competitive and emerging industry sectors and industry clusters. (5) To collaborate and coordinate investment with other state, regional, or local agencies involved in education and workforce training in California, including, but not necessarily limited to, the California Workforce Development Board, local workforce investment boards, the Employment Training Panel, the State Department of Education, and the Employment Development Department. (6) To identify, acquire, and leverage community college and other financial and in-kind public and private resources to support economic and workforce development and the career technical education programs of the state’s community colleges. (7) To work with representatives of business, labor, and professional trade associations to explore and develop alternatives for assisting incumbent workers in the state’s competitive and emerging industry sectors. A key objective is to enable incumbent workers to become more competitive in their region’s labor market, increase competency, and identify career pathways to economic self-sufficiency, economic security, and lifelong access to good-paying jobs. (Amended by Stats. 2018, Ch. 704, Sec. 13. (AB 235) Effective September 22, 2018. Repealed as of January 1, 2030, pursuant to Section 88651.)
  166. 88610.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 2. General Provisions [88610 - 88615] ( Chapter 2 added by Stats. 2012, Ch. 361, Sec. 2. )

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    The board of governors and the chancellor have multiple responsibilities for the program, including grant allocation, oversight, advisory committee creation, and fund administration.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 2. General Provisions [88610 - 88615] ( Chapter 2 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88610. (a) The board of governors may award grants and project funds to districts for leadership in accomplishing the mission and goals of the program, provided that funds are appropriated for this purpose in the annual Budget Act. Grants under this section shall be awarded on a competitive basis, as determined by the board of governors and authorized in the annual Budget Act. (b) (1) The board of governors shall establish an advisory committee for the program and determine the membership pursuant to paragraph (2). The advisory committee shall advise on overall program development, recommend resource deployment, including whether projects should be funded at existing levels, increased, decreased, or terminated, and recommend strategies for regional coordination. (2) The membership of the advisory committee shall include all of the following: representatives from labor, business, and appropriate state agencies; a faculty representative; a classified employee representative; and one community college chief executive officer representative from each of the regions of the program. (c) At a minimum, the decision criteria for allocating funds to colleges shall be based on each of the following: (1) An evaluation of the relevance of the grant to the labor market needs of the state and relevant region’s competitive and emerging industry sectors and industry clusters, or to the state’s need to fill skills gaps and skills shortages in the economy, including skills gaps and shortages at the state and regional level. (2) An assessment of the past performance of the grantee if the grantee has been awarded other economic and workforce development grants or other state grants, including an assessment of whether the grantee’s previous awards produced project deliverables specified in prior grant applications. (3) For grants providing direct services to an employer, a group of employers, or an industry sector or industry cluster, an assessment of the purported beneficial impacts of the grant on the relevant businesses, which may include a review of the grant’s purported impacts on any of the following: increased profitability, increased labor productivity, reductions in worker injuries, employer cost savings resulting from improved business processes, improved customer satisfaction, increased employee retention, estimates of new revenue to be generated, sales increases, or new market penetration, as well as information on new products or services developed. (4) For grants involving direct education and training services provided to workers and students, an assessment of the educational and training goals of the grant, the projected numbers of students and workers served and the projected rates of course and program completion or transfer-readiness, the projected rate of skills attainment for certificates and degrees, and the projected wages and rate of employment placement for those entering the labor market. (5) For technical assistance and logistical support projects, a concrete enumeration of the ways the project will collaborate with the chancellor’s office to advance sector strategies, regional development, accountability based on performance data, and the adoption of effective workforce and economic development practices. (d) The chancellor’s office shall provide systemwide oversight and evaluation of the economic and workforce development program, and shall evaluate grant projects and programs to assess whether grantees achieved their stated objectives. The chancellor’s office has the authority to terminate programs for nonperformance. (e) The chancellor may establish program requirements and performance standards in the administration of the economic and workforce development program, and distribute funds as appropriate to implement the program. (f) The chancellor may provide technical assistance to community colleges for the purpose of improving the competitiveness of their proposals. (g) Grant funds shall be awarded for the program on a competitive basis. (h) The chancellor, in awarding short-term competitive funds, shall take into account colleges in economically distressed urban and rural areas, and colleges that have not previously been successful in the competitive bid process. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  167. 88615.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 2. General Provisions [88610 - 88615] ( Chapter 2 added by Stats. 2012, Ch. 361, Sec. 2. )

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    This part may be implemented only in fiscal years when the annual Budget Act appropriates funds for 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 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 2. General Provisions [88610 - 88615] ( Chapter 2 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88615. This part shall be implemented only during those fiscal years for which funds are appropriated for purposes of this part in the annual Budget Act. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  168. 88620.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 3. Definitions [88620- 88620.] ( Chapter 3 added by Stats. 2012, Ch. 361, Sec. 2. )

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    This section defines terms used in the California Community Colleges economic and workforce development program and gives the chancellor’s office sole authority over establishing and maintaining centers.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 3. Definitions [88620- 88620.] ( Chapter 3 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88620. The following definitions govern the construction of this part: (a) “Board of governors” means the Board of Governors of the California Community Colleges. (b) “Business Resource Assistance and Innovation Network” means the network of projects and programs that comprise the California Community Colleges Economic and Workforce Development Program. (c) “California Community Colleges Economic and Workforce Development Program” and “economic and workforce development program” mean the program. (d) “Career pathways,” and “career ladders,” or “career lattices” mean an identified series of positions, work experiences, or educational benchmarks or credentials that offer occupational and financial advancement within a specified career field or related fields over time. (e) (1) “Center” means a comprehensive program of services offered by one or more community colleges to an economic region of the state in accordance with criteria established by the chancellor’s office for designation as an economic and workforce development program center. Center services shall be designed to respond to the statewide strategic priorities pursuant to the mission of the community colleges’ economic and workforce development program, and to be consistent with programmatic priorities, competitive and emerging industry sectors and industry clusters, identified economic development, career technical education, business development, and continuous workforce training needs of a region. Centers shall provide a foundation for a long-term, sustained relationship with businesses, labor, colleges, and other workforce education and training delivery systems, such as local workforce investment boards, in the region. (2) A center shall support, develop, and deliver direct services to students, businesses, colleges, labor organizations, employees, and employers. For purposes of this subdivision, direct services include, but are not necessarily limited to, data analysis both of labor market information and college performance; intraregion and multiregion sector coordination and logistics; inventory of community college and other assets relevant to meeting a labor market need; curriculum development, curriculum model development, or job task analysis development; articulation of curriculum in a career pathway or career lattice or in a system of stackable credentials; faculty training; calibration to a career readiness or other assessment; assessment administration; career guidance module development or counseling; convenings, such as seminars, workshops, conferences, and training; facilitating collaboration between faculty working in related disciplines and sectors; upgrading, leveraging, and developing technology; and other educational services. The establishment and maintenance of the centers is under the sole authority of the chancellor’s office in order to preserve the flexibility of the system to adapt to labor market needs and to integrate resources. (f) “Chancellor” means the Chancellor of the California Community Colleges. (g) “Economic security” means, with respect to a worker, earning a wage sufficient to adequately support a family and to, over time, save money for emergency expenses and adequate retirement income, the sufficiency of which is determined considering a variety of factors including household size, the cost of living in the worker’s community, and other factors that may vary by region. (h) “High-priority occupation” means an occupation that has a significant presence in a targeted industry sector or industry cluster, is in demand by employers, and pays or leads to payment of high wages. (i) “Industry cluster” means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by a common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market. (j) “Industry-driven regional collaborative” means a regional public, private, or other community organizational structure that jointly defines priorities, delivers services across programs, sectors, and in response to, or driven by, industry needs. The industry-driven regional collaborative projects meet the needs and fill gaps in services that respond to regional business, employee, and labor needs. These service-delivery structures offer flexibility to local communities and partners to meet the identified needs in an economic development region. Industry-driven regional collaboratives are broadly defined to allow maximum local autonomy in developing projects responding to the needs of business, industry, and labor. (k) “Industry sector” means those firms that produce similar products or provide similar services using somewhat similar business processes. (l) “Initiative” is an identified strategic priority area that is organized statewide, but is a regionally based effort to develop and implement innovative solutions designed to facilitate the development, implementation, and coordination of community college economic development and related programs and services. Each initiative shall be workforce and business development driven by a statewide committee made up of community college faculty and administrators and practitioners and managers from business, labor, and industry. Centers, industry-driven regional collaboratives, and other economic and workforce development programs performing services as a part of the implementation of an initiative shall coordinate services statewide and within regions of the state, as appropriate. (m) “Job development incentive training” means programs that provide incentives to employers to create entry-level positions in their businesses, or through their suppliers or prime customers, for welfare recipients and the working poor. (n) “Matching resources” means any combination of public or private resources, either cash or in-kind, derived from sources other than the economic and workforce development program funds appropriated by the annual Budget Act, that are determined to be necessary for the success of the project to which they are applied. The criteria for in-kind resources shall be developed by the board of governors, with advice from the chancellor and the California Community Colleges Economic and Workforce Development Program Advisory Committee, and shall be consistent with generally accepted accounting practices for state and federal matching requirements. The ratio of matching resources to economic and workforce development program funding shall be determined by the board of governors. (o) “Performance improvement training” means training delivered by a community college that includes all of the following: (1) An initial needs assessment process that identifies both training and nontraining issues that need to be addressed to improve individual and organizational performance. (2) Consultation with employers to develop action plans that address business or nonprofit performance improvements. (3) Training programs that link individual performance requirements with quantifiable business measures, resulting in demonstrable productivity gains, and, as appropriate, job retention, job creation, improvement in wages, or attainment of wages that provide economic security. (p) “Program” means the California Community Colleges Economic and Workforce Development Program established under this part. (q) “Region” means a geographic area of the state defined by economic and labor market factors containing at least one industry cluster and the cities, counties, or community college districts, or all of them, in the industry cluster’s geographic area. For the purposes of this chapter, “California Community College economic development regions” shall be designated by the board of governors based on factors, including, but not necessarily limited to, all of the following: (1) Regional economic development and training needs of business and industry. (2) Regional collaboration, as appropriate, among community colleges and districts, and existing economic development, continuous workforce improvement, technology deployment, and business development. (3) Other state economic development definitions of regions. (r) “Sector strategies” means prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data that indicate strategic growth potential, especially with regard to jobs and income. Sector strategies focus workforce investment in education and workforce training programs that are likely to lead to high-wage jobs or to entry-level jobs with well-articulated career pathways into high-wage jobs. Sector strategies effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps, and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations. Sector strategies may be implemented using articulated career pathways or career lattices and a system of stackable credentials. Sector strategies often target underserved communities, disconnected youth, incumbent workers, and recently separated military veterans. Cluster-based sector strategies focus workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area. Industry clusters are similar to industry sectors, but the focus is on a geographic concentration of interdependent industries. (s) “Skills panel” means a collaboration which brings together multiple employers from an industry sector or industry cluster with career technical educators, including, but not limited to, community college career technical education faculty, and other stakeholders which may include workers and organized labor to address common workforce needs. Skills panels assess workforce training and education needs through the identification of assets relevant to industry need, produce curricula models, perform job task analysis, define how curricula articulate into career pathways or career lattices or a system of stackable credentials, calibrate career readiness, develop other assessment tools, and produce career guidance tools. (t) “Stackable credentials” means a progression of training modules, credentials, or certificates that build on one another and are linked to educational and career advancement. (Amended by Stats. 2013, Ch. 76, Sec. 52. (AB 383) Effective January 1, 2014. Repealed as of January 1, 2030, pursuant to Section 88651.)
  169. 88625.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 4. California Community Colleges Business Resource Assistance and Innovation Network Trust Fund [88625- 88625.] ( Chapter 4 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    The trust fund is administered by the board of governors, which may solicit private and public contributions. Interest must be reinvested, and fund money may be spent only for eligible program uses and, with legislative appropriation, for grants and contracts serving public and private entities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 4. California Community Colleges Business Resource Assistance and Innovation Network Trust Fund [88625- 88625.] ( Chapter 4 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88625. The California Community Colleges Business Resource Assistance and Innovation Network Trust Fund is hereby established in the State Treasury as a special fund administered by the board of governors. The board of governors may solicit direct contributions for deposit in the fund from various nonstate public and private sources for the purpose of funding the program. Special funds in the trust shall be placed in a surplus money investment account to earn interest. Interest generated by funds deposited in this trust fund shall be reinvested in the fund, and may only be used to fund eligible projects and activities of the program and related board of governors initiatives. Upon appropriation by the Legislature, the fund may be expended for purposes of administering grants and contracts for providing services, through the program, to public and private entities. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  170. 88630.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 5. Centers and Regional Collaboratives [88630 - 88631] ( Chapter 5 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    This section says the program should be flexible, responsive, and demand driven, and it limits funding for industry-driven regional collaboratives to two consecutive fiscal 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 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 5. Centers and Regional Collaboratives [88630 - 88631] ( Chapter 5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88630. (a) It is the intent of the Legislature that the programs and services provided through the program shall be flexible and responsive to the needs identified through the statewide and regional planning process. Services shall be demand driven, and delivery structures shall be agile, performance oriented, cost effective, and contribute to regional economic growth and competitiveness. The use of economic and workforce development program centers, local economic development corporations, industry-driven regional collaboratives, and business networks, employers, and service providers shall provide a stable and flexible response mechanism for the identification of training priorities and to focus resources on intensive projects for competitive and emerging industry sectors. These networks shall have the flexibility to meet the demand for new and emerging growth sectors and be formed, modified, eliminated, and reformed for short- or long-term responses customized to the duration of the need. Programs and projects developed and implemented at centers and industry-driven regional collaborative projects shall act as catalysts for future career technical education programs in the system. (b) It is the intent of the Legislature that centers shall be established as the long-term structure of the network’s service delivery system. Centers shall provide regional sites to efficiently respond to employer and worker needs, and shall deliver services for the strategic initiative areas pursuant to the mission of the community colleges economic and workforce development program. (c) It is the intent of the Legislature that industry-driven regional collaboratives perform services as participants of regional networks. Grants by industry-driven regional collaboratives shall provide flexibility for local projects to assess and define their individual project needs. New local programs and equipment shall be key components of these grants. Funding shall not be limited per project, but shall be based on the merit and reasonable cost for the anticipated outcomes and performance of the project. Funding for industry-driven regional collaboratives shall be limited to two consecutive fiscal years. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  171. 88631.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 5. Centers and Regional Collaboratives [88630 - 88631] ( Chapter 5 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    These college program centers and regional collaborative participants may offer a wide range of workforce-development and support services.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 5. Centers and Regional Collaboratives [88630 - 88631] ( Chapter 5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88631. Economic and workforce development program centers and California Community Colleges participation in industry-driven regional collaboratives may provide any or all of the following services and perform the following functions as participants of networks, including, but not necessarily limited to, all of the following: (a) Convening skill panels to produce deliverables, such as curriculum models, that contribute to workforce skill development common to competitive and emerging industry sectors and industry clusters within a region. (b) Development of instructional packages focusing on the technical skill specific to emerging or changing occupations in targeted industry sectors and industry clusters. (c) Support student or worker evaluation of, and fit for, career paths by articulating how a curriculum model fits within a career pathway or career lattice or system of stackable credentials, relevant career readiness battery scores, and career guidance tools. (d) Faculty mentorships, faculty and staff development, in-service training, and worksite experience supporting the new curriculum and instructional modes responding to identified regional needs. (e) Institutional support, professional development, and transformational activities focused on removing systemic barriers to the development of new methods, transition to a flexible and more responsive administration of programs, and the timely and cost-effective delivery of services. (f) The deployment of new methodologies, modes, and technologies that enhance performance and outcomes and improve cost-effectiveness of service delivery or create new college programs. (g) One-on-one counseling, seminars, workshops, and conferences that contribute to the achievement of the success of existing businesses and foster the growth of new businesses and jobs in emerging industry clusters. (h) The delivery of performance-improvement training, which shall be provided on a matching basis to employers to benefit workforce participants. This will promote continuous workforce improvement in identified strategic priority areas, identified industry clusters, or areas targeted in the regional business resource assistance and innovation network plans. (i) Credit, not-for-credit, and noncredit programs and courses that contribute to workforce skill development for competitive and emerging industry sectors and industry clusters within a region or that focus on addressing a workforce skills gap or occupational shortage. (j) Subsidized student internships or work-based learning on a cash or in-kind matching basis for program participants in occupational categories identified in competitive and emerging industry sectors and industry clusters. (k) Acquisition of equipment to support the eligible activities and the limited renovation of facilities to accommodate the delivery of eligible services. (l) Submission of performance data for aggregation by the chancellor’s office. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  172. 88640.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    The program is to work with economic, workforce, community, and private partners, and the chancellor’s office must develop eligibility guidelines.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88640. (a) (1) Programs and activities of the Job Development Incentive Training Program shall include a strong partnership with state and local economic development entities, workforce development agencies, community-based organizations, and the private sector. It is the intent of the Legislature that this program provide training on a no-cost or low-cost basis to participating employers who create employment opportunities at an acceptable wage level for the attainment of self-sufficiency by both of the following groups: (A) Recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. (B) Clients determined to be eligible because they are employed at a wage too low to attain self-sufficiency. (2) Guidelines for the determination of eligibility under this subdivision shall be developed by the chancellor’s office in consultation with the appropriate agencies responsible for collecting appropriate data. A structured career ladder methodology may be implemented in this program area. (3) Funds received from other eligible programs, including, but not necessarily limited to, programs under the federal Workforce Investment Act of 1998 (Public Law 105-220) and other applicable programs selected by the chancellor, or a combination of programs, may be used to provide funds to match job development incentive training funds. (b) It is the intent of the Legislature that the expenditure of funds under this section should lead measurably to the upgrading of highly skilled and technical workers, upgrade opportunities for those who are employed at a wage too low to attain self-sufficiency, and the creation of jobs for new entrants into the workforce. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  173. 88641.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    The program’s annual appropriations may be used for eligible activities when workforce services lead to new entry-level jobs, and participating employers may receive eligible services on a matching 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 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88641. Annual appropriations for the Job Development Incentive Training Program may be allocated for the purposes of supporting eligible activities if, as a result of the workforce improvement services provided to employers, entry-level positions are created within the industry cluster. Participating employers may receive eligible services such as performance-based training, and other eligible services that stimulate productivity and growth in targeted industrial clusters on a matching basis. Any annual savings from this section shall be available for expenditure for purposes of the Industry-Driven Regional Collaborative Program. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  174. 88642.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    Employers receiving training services under the Job Development Incentive Training Program may have matching fund requirements waived if they meet one of the listed job-creation conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88642. Matching fund requirements shall be waived for employers who receive training services through the Job Development Incentive Training Program and who accomplish either of the following: (a) Create employment opportunities for recipients of aid under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code at an acceptable wage level to attain self-sufficiency. (b) Create opportunities for individuals working at a low wage to upgrade to a wage adequate to attain self-sufficiency. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  175. 88643.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    Community colleges in the program must inventory their local or regional business community and identify industry-driven needs and employment opportunities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 6. Job Development Incentive Training Program [88640 - 88643] ( Chapter 6 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88643. Each community college that participates in the Job Development Incentive Training Program shall inventory its local or regional business community, including nonprofit organizations, and identify industry-driven needs and employment opportunities with a goal of attaining self-sufficiency through workforce reentry, continuous employee training, and skills upgrades. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  176. 88650.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 7. Reporting [88650 - 88650.5] ( Chapter 7 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    The chancellor must create performance accountability measures for the program and send a report to the Governor and Legislature.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 7. Reporting [88650 - 88650.5] ( Chapter 7 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88650. (a) The chancellor shall implement performance accountability outcome measures for the economic and workforce development program that provide the Governor, Legislature, and general public with information that quantifies employer and student outcomes for those participating in the program. These performance accountability measures should, to the extent possible, align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (b) The chancellor shall submit a report to the Governor and Legislature on or about March 1 of each year. However, beginning in the 2025–26 fiscal year, the chancellor shall submit this report biennially, on or before March 1, and may submit this report with the report required by paragraph (2) of subdivision (d) of Section 88826. A report submitted pursuant to this subdivision shall include, but not be limited to, both of the following: (1) Sufficient information to ensure the understanding of the magnitude of expenditures, by type of expenditure, including those specified in Section 88625, disaggregated by industry sector or cluster, region, and type of grant. (2) Data summarizing outcome accountability performance measures required by this section. (Amended by Stats. 2024, Ch. 998, Sec. 28. (AB 176) Effective September 30, 2024. Repealed as of January 1, 2030, pursuant to Section 88651.)
  177. 88650.5.

    ## 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 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 7. Reporting [88650 - 88650.5] ( Chapter 7 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    The chancellor must arrange an independent evaluation of the program before January 1, 2015, and provide the study findings to the Legislature by March 1, 2016.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 7. Reporting [88650 - 88650.5] ( Chapter 7 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88650.5. Prior to January 1, 2015, the chancellor shall contract for an independent evaluation of the effectiveness of the program in achieving the specific program goals and objectives set forth in this part. This performance evaluation shall include, but not necessarily be limited to, specific conclusions about the strengths and weaknesses of the program, as well as specific recommendations for strategies to improve the effectiveness of the program. The evaluation shall include an analysis of available outcome accountability performance measures and data for program participants. To the extent feasible, the analysis shall use experimental, quasi-experimental, or controlled case comparison methodology to compare outcome measures for program participants with a suitable control group to assess and isolate the impact of the program on program participants. The chancellor shall provide the findings of the study to the Legislature no later than March 1, 2016. This report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2012, Ch. 361, Sec. 2. (SB 1402) Effective January 1, 2013. Repealed as of January 1, 2030, pursuant to Section 88651.)
  178. 88651.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 8. Repeal [88651- 88651.] ( Chapter 8 added by Stats. 2012, Ch. 361, Sec. 2. )

    Verify source ↗

    This part expires on January 1, 2030 unless a later statute enacted before then deletes or extends that 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 52.5. CALIFORNIA COMMUNITY COLLEGES ECONOMIC AND WORKFORCE DEVELOPMENT PROGRAM [88600 - 88651] ( Part 52.5 added by Stats. 2012, Ch. 361, Sec. 2. ) ## CHAPTER 8. Repeal [88651- 88651.] ( Chapter 8 added by Stats. 2012, Ch. 361, Sec. 2. ) ## 88651. This part shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date. (Amended by Stats. 2024, Ch. 430, Sec. 1. (AB 3087) Effective January 1, 2025. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Part 52.5, commencing with Section 88600.)
  179. 88670.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.7. California STEM Pathways Grant Program [88670 - 88671] ( Part 52.7 added by Stats. 2018, Ch. 33, Sec. 45. )

    Verify source ↗

    For fiscal year 2018–19, $10 million is appropriated from the General Fund to the California Community Colleges Chancellor’s Office for a grant 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 52.7. California STEM Pathways Grant Program [88670 - 88671] ( Part 52.7 added by Stats. 2018, Ch. 33, Sec. 45. ) ## 88670. (a) For the 2018–19 fiscal year, the sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Chancellor’s Office of the California Community Colleges for a grant program that supports public-private partnerships that will prepare California students for high-skill jobs of the future in technology, manufacturing, and health care. (b) The grant program shall deliver five core benefits to students: (1) A rigorous, relevant, and cost-free education in grades 9 to 14, inclusive, focused on the knowledge and skills that students need for science, technology, engineering, and mathematics (STEM) careers. (2) Workplace learning that includes mentoring by industry professionals, worksite visits, speakers, and internships. (3) Intensive, individualized, academic support by both K–12 and postsecondary faculty within an extended academic year or school day that enables students to progress through the program at their own pace. (4) An opportunity to earn an associate in science degree in a high-tech field or an associate degree for transfer in a STEM field. (5) A commitment to students who complete the program to be first in line for a job with participating business partners following completion of the program. (Added by Stats. 2018, Ch. 33, Sec. 45. (AB 1809) Effective June 27, 2018.)
  180. 88671.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.7. California STEM Pathways Grant Program [88670 - 88671] ( Part 52.7 added by Stats. 2018, Ch. 33, Sec. 45. )

    Verify source ↗

    The chancellor must award six-year grants to applicants that meet specified conditions, and must submit a report by January 10, 2025.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.7. California STEM Pathways Grant Program [88670 - 88671] ( Part 52.7 added by Stats. 2018, Ch. 33, Sec. 45. ) ## 88671. (a) The chancellor shall award grants to be expended over a six-year period, to applicants that meet, at a minimum, all of the following conditions: (1) Applicants are parties to an approved College and Career Access Pathways (CCAP) partnership pursuant to Section 76004 of the Education Code that will govern the delivery of the academic program to students and allocation of funding between the local educational agency and the community college district. (2) Applicants shall demonstrate that the curriculum in grades 9 to 14, inclusive, shall lead to an associate in science degree in a high-tech field or an associate degree for transfer in a STEM field. (3) Applicants have a signed memorandum of understanding between the CCAP partnership and one or more private businesses in technology, manufacturing, or health care that obligates the businesses to all of the following: (A) Committing to place every student who successfully completes the program first in line for a job. (B) Identifying a mentor for every participating student. (C) Creating an up-to-date skills map for the industry or sector that identifies essential job requirements. (D) Collaborating with the CCAP partnership to identify the postsecondary two-year degree that will ensure participating students meet industry expectations and to validate the proposed scope and sequence. (E) Providing workplace visits, speakers, internships, and apprenticeships for participating students. (F) Collaborating with the CCAP partnership staff to align technical skills and workplace competencies with curriculum, course offerings, and other resources. (G) Providing dedicated staff to work on the initiative, including an industry liaison who has the authority to coordinate with the CCAP partnership on the business partners’ behalf. (4) Students will attend classes from grades 9 to 14, inclusive, on a single campus. (b) The chancellor shall prioritize applicants that will serve students who: (1) Have been identified as academically or economically at risk for not successfully completing high school or not enrolling in, or succeeding in, college. (2) Belong to populations that have historically not had access to, or success in, higher education, such as students with disabilities or English language learners. (c) The chancellor shall award grants in a geographically diverse manner, to the extent possible, and shall not award more than one grant per county. (d) The chancellor shall require applicants to submit enrollment, performance, and employment data. (e) The chancellor shall develop and provide guidance to the program, including, but not limited to, appropriate uses of program funds and the manner in which the program will report data to meet the requirements of subdivision (h). (f) The chancellor shall develop a request for proposal (RFP) process to determine grant awardees. The RFP process shall comply with the requirements of this section. (g) For the purposes of this section, an applicant is comprised of a regional consortium that includes one or more of each of the following: (1) A school district or charter school. (2) A community college district. (h) No later than January 10, 2025, the chancellor shall submit a report to the Director of Finance and the appropriate budget and policy committees of the Legislature. The report shall include, but not necessarily be limited to, the following: (1) The degree to which grant recipients achieved the objectives in subdivision (a). (2) The number and percentage of students enrolled in the program who earned a two-year associates degree within four, five, and six years. (3) The number and percentage of students enrolled in the program who earned an industry-recognized certificate or credential within four, five, and six years. (4) The number and percentage of students enrolled in the program who gained full-time employment in their area of study or training upon completion of the program. (5) A range of the starting salaries of program graduates that gained full-time employment. (6) The number and percentage of students enrolled in the program that enrolled in a four-year degree program upon completion of the program. (7) It is the intent of the Legislature that the report disaggregate results by student subgroup as identified by Section 52052. (i) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202, for the 2017–18 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2017–18 fiscal year. (Amended by Stats. 2019, Ch. 497, Sec. 93. (AB 991) Effective January 1, 2020.)
  181. 88680.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] ( Part 52.8 added by Stats. 2023, Ch. 872, Sec. 1. )

    Verify source ↗

    This section names this part the Mathematics, Engineering, Science, Achievement (MESA) Program and allows it to be cited that way.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] ( Part 52.8 added by Stats. 2023, Ch. 872, Sec. 1. ) ## 88680. This part shall be known, and may be cited, as, the Mathematics, Engineering, Science, Achievement (MESA) Program. (Added by Stats. 2023, Ch. 872, Sec. 1. (SB 444) Effective January 1, 2024.)
  182. 88681.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] ( Part 52.8 added by Stats. 2023, Ch. 872, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the MESA Program part.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] ( Part 52.8 added by Stats. 2023, Ch. 872, Sec. 1. ) ## 88681. As used in this part, the following definitions apply: (a) “Four-year higher education institution” means a four-year baccalaureate degree program offered at the University of California, the California State University, or an independent institution of higher education, as defined in Section 66010. (b) “MESA programs” means Mathematics, Engineering, Science, Achievement programs established at community colleges to help underserved and underrepresented students majoring in calculus-based science, technology, engineering, and mathematics academic fields who seek to transfer to four-year higher education institutions. (c) “STEM majors” means calculus-based science, technology, engineering, and mathematics academic fields. (Added by Stats. 2023, Ch. 872, Sec. 1. (SB 444) Effective January 1, 2024.)
  183. 88682.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] ( Part 52.8 added by Stats. 2023, Ch. 872, Sec. 1. )

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    This section directs California Community Colleges officials to regulate MESA programs, bars community college districts from using MESA funds to replace existing college resources, and lets the Chancellor reserve up to 3.5% of MESA funds for statewide support.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 52.8. Mathematics, Engineering, Science, Achievement (MESA) Program [88680 - 88682] ( Part 52.8 added by Stats. 2023, Ch. 872, Sec. 1. ) ## 88682. (a) (1) It is the intent of the Legislature that the California Community Colleges recognize the responsibility for supporting programs that enhance educational opportunities for STEM majors, and produce a diverse pool of baccalaureate degree graduates in STEM majors by preparing students for transfer to four-year higher education institutions. (2) It is the intent of this part to encourage community college districts to establish and implement MESA programs at community colleges that are directed at identifying students affected by social, economic, and educational disadvantages, including disproportionately impacted students, increasing the number of eligible MESA program students served, and increasing student success in transferring and completing baccalaureate degree programs in STEM majors at four-year higher education institutions. (3) The Legislature further intends that MESA programs are not viewed as the only means of providing services to socially, economically, and educationally disadvantaged students pursuing STEM majors who are eligible to transfer to four-year higher education institutions, or of meeting-related student and employee diversity objectives. (4) The Legislature further intends that the categorical funding for MESA programs provided in the annual Budget Act for community colleges be used to establish, expand, and develop MESA programs and services for the purpose of enhancing California’s STEM workforce while aiding the state and nation in reducing equity and achievement gaps. (b) The Board of Governors of the California Community Colleges shall adopt regulations for the operation of MESA programs at community colleges that align with the programmatic components of MESA programs. The operation of MESA programs and the regulations adopted by the board of governors shall accomplish all of the following goals: (1) Increasing the number of socially, economically, and educationally disadvantaged students pursuing baccalaureate degrees in STEM majors who are eligible to transfer to four-year higher education institutions. (2) Implementing efficient processes and practices and using existing college transfer centers to achieve greater MESA program student transfers to four-year higher education institutions. (3) Implementing strategies to increase the rate at which MESA program students are deemed transfer-ready in STEM majors to four-year higher education institutions. (4) Improving the academic performance of MESA program students. (5) Increasing the leadership skills and raising the educational expectations of MESA program students. (6) Strengthening relationships with educators and prospective employers in business and industry to establish student internships, scholarships, and other career opportunities for MESA program students. (7) Establishing partnerships with University of California and California State University Mathematics, Engineering, Science, Achievement programs and Mathematics, Engineering, Science, Achievement College Preparatory programs, California Alliance for Minority Participation programs, or similar programs in an effort to provide optimal student support services. (8) Implementing strategies to collaborate with campus programs, such as the Student Equity and Achievement Program established in Section 78222 and the Student Success and Support Program established in Article 1 (commencing with Section 78210) of Chapter 2 of Part 48, to leverage additional resources and opportunities for MESA program students and ensure that MESA programs are integrated into campus culture and infrastructure. (c) MESA program support provided by a community college shall supplement, but not supplant, the regular educational programs offered by the college to encourage and support the enrollment of MESA program students who seek a baccalaureate degree in STEM majors at four-year higher education institutions. (d) The governing board of a community college district shall not use any funds received from the state for the operation and administration of MESA programs to supplant existing college resources, programs, or services. The governing board may use MESA program funds to meet the matching requirements to receive federal funds, or funds granted by nonprofit foundations, designated for the same purposes as described in this part. (e) Beginning in the 2026–27 fiscal year, the Chancellor of the California Community Colleges shall reserve no more than 3.5 percent of the funds appropriated for MESA programs on administrative and discretionary costs of supporting MESA programs. The chancellor may allocate these reserved funds, in consultation with the Community College Association of MESA Directors, solely for statewide coordination and enhancement of MESA programs. (Amended by Stats. 2025, Ch. 745, Sec. 8. (SB 148) Effective October 13, 2025.)
  184. 88700.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53. Basic Skills Partnership Pilot Program [88700- 88700.] ( Part 53 added by Stats. 2015, Ch. 22, Sec. 19. )

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    This section sets up a grant program for community college districts to provide basic skills instruction linked to California State University 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 53. Basic Skills Partnership Pilot Program [88700- 88700.] ( Part 53 added by Stats. 2015, Ch. 22, Sec. 19. ) ## 88700. (a) It is the intent of the state that school districts, community college districts, the California State University, and the University of California coordinate their efforts to provide instruction in basic skills in an efficient and effective way. (b) The Chancellor of the California Community Colleges shall solicit applications from community college districts seeking funding for plans to provide instruction in basic skills to students enrolled, or who will enroll, at California State University campuses. As used in this section, “chancellor” means the Chancellor of the California Community Colleges. (c) A community college district that chooses to apply for a grant under this section shall include the following components of its plan in its application: (1) A list of the community colleges and the California State University campuses that will work jointly to develop effective instruction in basic skills and provide instruction to focus on students enrolled, or who will enroll, at California State University campuses. (2) A commitment from the California State University campuses listed in paragraph (1) that these campuses will direct students to instruction at community colleges. (3) A narrative explaining the strategy for directing students to instruction at community colleges and integrating this instruction with programs at California State University campuses. (4) A letter from each of the presidents of the California State University campuses listed in the application pursuant to paragraph (1) indicating support for the plan and identifying the fiscal impact for his or her particular campus. (5) A narrative describing any effective evidence-based instructional strategies and practices the community colleges have implemented for the delivery of basic skills instruction and any efforts the community colleges have made to incorporate effective evidence-based instructional strategies and practices within the delivery of their basic skills instruction. (6) A narrative describing how faculty was involved in the development of the plan. (7) A narrative describing if and how the community college district intends to incorporate the use of student success data to inform the delivery of its basic skills instruction. (8) A narrative describing the measures the community colleges listed pursuant to paragraph (1) will undertake to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and mathematics instruction between high schools located in the community college district and the community colleges and the California State University campuses listed pursuant to paragraph (1). (d) (1) The chancellor, in consultation with the Chancellor of the California State University, shall award grants of two million dollars ($2,000,000) each to five of the applicant community college districts. (2) The grants shall be awarded based on the projected success of the applicant districts in maximizing the following factors, which are listed below in order of decreasing priority: (A) The number of students enrolled, or who will enroll, at California State University campuses and who would benefit from access to instruction in basic skills at the community colleges participating in the plan. (B) The number of California State University campuses participating in the plan. (C) The number of community college campuses participating in the plan. (D) The likelihood that the plan would be implemented effectively. (E) The use of effective evidence-based instructional strategies and practices the community colleges have implemented for the delivery of basic skills instruction. Community college districts are encouraged to align the delivery of basic skills instruction with California State University campus programs that will accelerate the progress of underprepared students toward college completion. (e) (1) Upon awarding the grants, the chancellor shall allocate one million dollars ($1,000,000) of the grant funds to each community college district selected for a grant. (2) The chancellor shall release the remainder of a grant amount only after the community college district has submitted records demonstrating that students enrolled, or planning to enroll, at California State University campuses have accessed instruction in basic skills at the community colleges pursuant to the plan. Notwithstanding this reporting condition, the chancellor shall release any amount of a grant that remains as of May 1, 2018, to the community college district by June 30, 2018. (f) As a condition of receiving a grant pursuant to this section, a community college district shall provide all of the following information to the chancellor by February 1, 2017: (1) The number of students enrolled, or who will enroll, at California State University campuses who were provided, or are being provided, instruction by community colleges pursuant to the adopted plan. (2) The number of students who successfully completed basic skills instruction at the community colleges, defined as demonstrating competency on California State University assessments or successful completion of appropriate college-level courses. (3) The number of students provided instruction at the community colleges who subsequently enrolled at a California State University campus and demonstrated competency on California State University assessments or successful completion of appropriate college-level courses. (4) To the extent available, first-year retention and success rates at the California State University of students who received basic skills instruction at the community colleges pursuant to the plan. (5) A qualitative description of the local successes or challenges that community colleges encountered when partnering with California State University campuses to provide instruction in basic skills to students enrolled, or who will enroll, at those campuses. (6) A narrative describing the use of effective evidence-based practices by the community colleges to deliver basic skills instruction to accelerate the progress of underprepared students toward achieving postsecondary educational and career goals. This narrative shall also include a description of the efforts of the community colleges to implement or expand the use of effective evidence-based practices to deliver basic skills instruction. (7) A narrative describing the measures implemented by the community college district to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and mathematics instruction between high schools located in the community college district and the community colleges and the California State University campuses listed pursuant to paragraph (1) of subdivision (c). (g) No later than April 1, 2017, and following consultation with the Chancellor of the California State University, the chancellor shall analyze the information provided under subdivision (f), and report to the Legislature, the Legislative Analyst’s Office, and the Department of Finance on the effectiveness of the plans in delivering instruction in basic skills to students enrolled, or who will enroll, at California State University campuses. This report shall also include a report on costs avoided by the California State University, if any, and recommendations on expanded use of community colleges to deliver basic skills instruction to California State University students. A report to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (h) The attendance of students enrolled in a basic skills course pursuant to this section may be reported by a community college district for apportionment purposes. (i) The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the chancellor for allocation to community college districts to establish a basic skills partnership program at five community college districts in accordance with this section. (j) For the purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (i) shall be deemed to be “General Fund revenues appropriated for community college districts,” as defined in subdivision (d) of Section 41202 of the Education Code, for the 2014–15 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202 of the Education Code, for the 2014–15 fiscal year. (Added by Stats. 2015, Ch. 22, Sec. 19. (SB 81) Effective June 24, 2015.)
  185. 88750.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.5. Pathways to Law School Programs [88750- 88750.] ( Part 53.5 added by Stats. 2021, Ch. 144, Sec. 63. )

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    The Chancellor’s office must allocate funding to community colleges for pathways to law school when money is appropriated, and must report program outcomes by July 1, 2025. The Board of Governors may also contract with a third-party entity for administrative support.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.5. Pathways to Law School Programs [88750- 88750.] ( Part 53.5 added by Stats. 2021, Ch. 144, Sec. 63. ) ## 88750. (a) Upon appropriation in the annual Budget Act or another statute, the office of the Chancellor of the California Community Colleges shall allocate funding to community colleges for the purpose of expanding pathways to law school programs, which may include, but is not limited to, all of the following: (1) Supporting opportunities for dual enrollment partnerships between community colleges and local high school law academies. (2) Implementing partnerships with the California State University system that incorporate associate degree for transfer pathways that will prepare students for a career in the legal profession. (3) Expanding existing transfer agreements with the University of California that will prepare students for a career in the legal profession. (4) Providing student advising and guidance to help participants in the Community College Pathway to Law School initiative successfully transfer into the California State University or the University of California. (b) The Board of Governors of the California Community Colleges, or its authorized designees, may contract with a third-party entity for the purpose of providing administrative support for the expansion of pathways to law school programs. (c) (1) On or before July 1, 2025, the Office of the Chancellor of the California Community Colleges shall submit a report to the appropriate budget and policy committees of the Legislature regarding outcomes resulting from the use of funds pursuant to this section, including, but not limited to, the number of students participating in pathways to law school programs, the demographics, graduation, and success rates of those students, and transfer pathways established. (2) This subdivision shall remain in effect only until January 1, 2026, and as of that date is repealed. (Added by Stats. 2021, Ch. 144, Sec. 63. (AB 132) Effective July 27, 2021. Subdivision (c) inoperative January 1, 2026, pursuant to its own provisions.)
  186. 88770.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. )

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    This part is named the Rebuilding Nursing Infrastructure Grant Program and may be cited by that name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. ) ## 88770. This part shall be known, and may be cited, as the Rebuilding Nursing Infrastructure Grant Program. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Inoperative July 1, 2030, pursuant to Section 88773. Repealed as of January 1, 2031, pursuant to Section 88773.)
  187. 88771.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. )

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    This section defines key terms used in the Rebuilding Nursing Infrastructure Grant 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 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. ) ## 88771. As used in this part, unless the context requires otherwise, the following definitions apply: (a) “Applicant” means a community college district that submits an eligible application pursuant to this part. (b) “Chancellor” means the Chancellor of the California Community Colleges. (c) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (d) “Grant” means a grant awarded pursuant to this part. (e) “Program” means the Rebuilding Nursing Infrastructure Grant Program established pursuant to this part. (f) “Recipient” means a community college district that receives a grant pursuant to this part. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Inoperative July 1, 2030, pursuant to Section 88773. Repealed as of January 1, 2031, pursuant to Section 88773.)
  188. 88772.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. )

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    This section creates the Rebuilding Nursing Infrastructure Grant Program and gives the chancellor authority to run it, accept applications, award grants, and set application and reporting 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 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. ) ## 88772. (a) The Rebuilding Nursing Infrastructure Grant Program is hereby established as a competitive grant program under the administration of the chancellor. (b) The funding for the program shall be awarded as grants by the chancellor to applicants for any one or combination of the following purposes: (1) Developing or expanding bachelor of science in nursing partnerships, including established partnerships with the California State University, the University of California, or independent institutions of higher education as defined in Section 66010. (2) Developing or expanding associate degree in nursing programs. (3) Developing strategies for recruiting, retaining, and training high-quality nursing faculty, including, but not limited to, by offering incentives, including stipends and flexible working hours, to recruit and retain nursing faculty, and by providing professional development opportunities. (4) Developing strategies for increasing nursing program credentials, including, but not limited to, efforts to address noncompliance issues raised by the Board of Registered Nursing and to obtain accreditation from the Accreditation Commission for Education in Nursing. (5) Developing strategies for engaging and retaining nursing students, including, but not limited to, the integration of high-impact and diversity-, equity-, and inclusion-focused curriculum, the development of apprenticeship opportunities, and the expansion of student support services including basic needs assistance, mental health support, case management, counseling services, and specialized tutoring. (6) Developing strategies that facilitate the increase of the percentage of associate degree nursing to bachelor of science in nursing students, including, but not limited to, the development of strategies that strengthen the high school to community college nursing pipeline. (7) Purchasing equipment for nursing education programs. (8) Developing or scaling efforts that lead to additional clinical placements for nursing students. (c) The chancellor shall develop an application for applicants to apply for a grant. The application may be an extension of the application used for the Nursing Enrollment Growth and Retention program under Section 78261. The chancellor shall make the application for the first round of grants available on or before November 1, 2024, with grants distributed to recipients on or before July 1, 2025. Subject to available funding for purposes of this part, the chancellor may administer subsequent application rounds. An application for a grant shall require, at a minimum, all of the following information: (1) A statement identifying the specific needs or problems the applicant faces with regard to providing access to educating, supporting, graduating, or placing nursing students. (2) A description of how the applicant is addressing the needs or problems described in paragraph (1) with existing funds, and how receipt of a grant will supplement those efforts. (3) The amount of a grant requested by an applicant, and how the applicant specifically proposes to use the grant for the purposes described in paragraphs (1) to (8), inclusive, of subdivision (b). (4) If applicable, the number of nursing education program slots that the applicant is planning to add each year within the two-year period of grant encumbrance described in subdivision (f) beyond already planned nursing education program slot expansions. A breakdown shall be provided for associate degree in nursing slots and bachelor of science in nursing slots. (5) If applicable, bachelor of science in nursing partnerships with a campus of the California State University or the University of California, or independent institutions of higher education as defined in Section 66010, that the applicant will develop or expand with receipt of a grant. (6) A breakdown of the amount and use of other funding sources that the applicant is using for nursing education programs, including apportionments, grants under the Nursing Enrollment Growth and Retention Program established in Section 78261, other state or federal workforce grants, and private or in-kind funding sources. (d) Selection of recipients shall be on a competitive basis. The chancellor shall develop a scoring rubric to evaluate the completeness and quality of each application. The chancellor shall require an application to meet a minimum threshold to be eligible for a grant. (1) The chancellor shall give priority for grants to applicants that are located in an underserved nursing area or a region with a local nursing shortage. (2) An applicant receiving a grant in one application round is not prohibited from applying and receiving a grant in subsequent application rounds. However, the chancellor may prioritize awarding grants to applicants that have not received a grant. (3) The chancellor shall give priority for a grant to applicants that expand existing bachelor of science in nursing partnerships with a campus of the California State University or the University of California. (e) (1) The chancellor shall determine the amount of a grant for each recipient. In determining the amount of a grant for a recipient, the chancellor shall take all of the following factors into account: (A) The applicant’s requested grant amount in paragraph (3) of subdivision (c). (B) The applicant’s score on the scoring rubric developed pursuant to subdivision (d). (C) The total amount of funding available for awarding grants. (2) A recipient shall not receive a grant that exceeds two million dollars ($2,000,000) per award cycle. (f) A recipient shall have up to two years to expend a grant. Any unspent amount of the grant at the end of that two-year period of encumbrance shall revert to the chancellor’s office. (g) As a condition of receiving a grant, a recipient shall report, on or before January 1, 2026, and each January 1 thereafter to January 1, 2030, inclusive, all data and information to the chancellor’s office that the chancellor determines furthers the purposes of the program. A report submitted pursuant to this subdivision shall include all of the following: (1) The number of additional nursing education program enrollment slots created with the use of grants. (2) Student outcomes, including course success rates, persistence rates, graduation rates, and, if possible, employment placement outcomes. (3) How the grant was used by expenditure category, as described in paragraphs (1) to (8), inclusive, of subdivision (b). (4) The extent to which the grant, combined with other funding sources, addressed regional workforce needs. (h) On or before July 1, 2026, and each July 1 thereafter to July 1, 2030, inclusive, the chancellor’s office shall compile and provide a summary of the information received pursuant to subdivision (g) to the Assembly and Senate Committees on Budget and the Governor. The information shall be provided as part of the report required pursuant to paragraph (2) of subdivision (h) of Section 78261. A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (i) The chancellor may allocate up to 5 percent of the total amount appropriated for purposes of the program for state administrative operations to carry out the intent of the program. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Inoperative July 1, 2030, pursuant to Section 88773. Repealed as of January 1, 2031, pursuant to Section 88773.)
  189. 88773.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. )

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    This part becomes inoperative on July 1, 2030 and is repealed as of January 1, 2031. If a grant recipient has not fully spent its grant by July 1, 2030, it must keep following the requirements that were in effect on June 30, 2030 until the grant is spent or the encumbrance period ends, whichever happens first.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.7. Rebuilding Nursing Infrastructure Grant Program [88770 - 88773] ( Part 53.7 added by Stats. 2024, Ch. 71, Sec. 10. ) ## 88773. (a) This part shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed. (b) Any recipient that has not fully expended their grant by July 1, 2030, shall continue adhering to the requirements of this part that were operative on June 30, 2030, until the grant is expended or the encumbrance period described in subdivision (f) ends, whichever occurs first. (Added by Stats. 2024, Ch. 71, Sec. 10. (SB 155) Effective July 2, 2024. Repealed as of January 1, 2031, by its own provisions. Repeal affects Part 53.7, commencing with Section 88770.)
  190. 88780.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.8. California Career Passport Program [88780 - 88782] ( Part 53.8 added by Stats. 2025, Ch. 9, Sec. 13. )

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    This section names the part as the California Career Passport Program and allows it to be cited by that name.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.8. California Career Passport Program [88780 - 88782] ( Part 53.8 added by Stats. 2025, Ch. 9, Sec. 13. ) ## 88780. This part shall be known, and may be cited, as the California Career Passport Program. (Added by Stats. 2025, Ch. 9, Sec. 13. (AB 123) Effective June 27, 2025.)
  191. 88781.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.8. California Career Passport Program [88780 - 88782] ( Part 53.8 added by Stats. 2025, Ch. 9, Sec. 13. )

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    This section defines “Chancellor’s office” and “Program” for this part of the Education Code.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.8. California Career Passport Program [88780 - 88782] ( Part 53.8 added by Stats. 2025, Ch. 9, Sec. 13. ) ## 88781. For purposes of this part, unless the context requires otherwise, the following definitions apply: (a) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges. (b) “Program” means the California Career Passport Program established pursuant to this part. (Added by Stats. 2025, Ch. 9, Sec. 13. (AB 123) Effective June 27, 2025.)
  192. 88782.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.8. California Career Passport Program [88780 - 88782] ( Part 53.8 added by Stats. 2025, Ch. 9, Sec. 13. )

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    Creates the California Career Passport Program and assigns the chancellor’s office to administer it with partner agencies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 53.8. California Career Passport Program [88780 - 88782] ( Part 53.8 added by Stats. 2025, Ch. 9, Sec. 13. ) ## 88782. (a) (1) The California Career Passport Program is hereby established. The program shall be administered by the chancellor’s office, in partnership with the Office of Cradle-to-Career Data and the Labor and Workforce Development Agency, for the purpose of developing a Career Passport that provides an individual a secure digital tool displaying their preparation for employment, academic records, and credit for prior learning, which may include, but is not limited to, military service. (2) An individual may use their Career Passport to curate their relevant validated skills, which may include skills attributable to verifiable credentials and academic records, in a shareable format for skills-based and competency-informed hiring by employers. An individual may share all or part of their Career Passport with outside entities. (b) The program shall be developed by leveraging existing statewide tools for documenting academic learning, including, but not limited to, eTranscript California and other electronic transcript tools, and existing tools for validating learning in nonacademic contexts, including, but not limited to, providing credit for prior learning and the California Mapping Articulated Pathways Initiative, and combining those tools into the Career Passport that can be integrated with employer-based hiring systems to support skills-based hiring. (c) The program shall at least accomplish all of the following goals: (1) Enable the linkage, management, and monitoring of information of an individual’s verified academic and third-party records of education, training, and development of validated skills for the purposes of hiring by employers. (2) Ensure that information contained in, and available through, the secure digital tool is kept secure and that individual privacy, including, but not limited to, personally identifiable information, is protected. (3) Provide individuals access to their aggregated information for use in applying for employment and in training at no or low cost to the individual. (d) The chancellor’s office, in collaboration with the Office of Cradle-to-Career Data, shall convene agency and employer representatives to identify technical and policy considerations for building the secure digital tool described in subdivision (a). (e) The chancellor’s office, in collaboration with the Labor and Workforce Development Agency, shall engage with business and industry leaders collaboratively to ensure Career Passports are useful to, and used by, California’s employers, and shall work closely with the Department of Human Resources as a possible early adopter of Career Passports. (f) The program shall serve the public good and remain accountable to it. (g) The program shall comply with federal and state laws to protect individual privacy, including, but not limited to, all of the following: (1) The federal Family Education Rights and Privacy Act of 1974 (Public Law 93-380, as amended). (2) The federal Higher Education Act of 1965 (Public Law 89-329, as amended). (3) The federal Privacy Act of 1974 (Public Law 93-579, as amended). (Added by Stats. 2025, Ch. 9, Sec. 13. (AB 123) Effective June 27, 2025.)
  193. 88800.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] ( Part 54 added by Stats. 2015, Ch. 22, Sec. 20. ) ## CHAPTER 1. General Provisions [88800 - 88810] ( Chapter 1 added by Stats. 2015, Ch. 22, Sec. 20. )

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    This section creates a grant funding program for California community colleges, administered by the Chancellor, and requires grants to be distributed under specified conditions.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] ( Part 54 added by Stats. 2015, Ch. 22, Sec. 20. ) ## CHAPTER 1. General Provisions [88800 - 88810] ( Chapter 1 added by Stats. 2015, Ch. 22, Sec. 20. ) ## 88800. A financial and professional development grant funding program, administered by the Chancellor of the California Community Colleges, is hereby established. The chancellor shall distribute multiyear grants, upon appropriation by the Legislature, to the governing boards of community college districts pursuant to applications that satisfy the requirements of this part. Moneys allocated pursuant to this program shall be expended for community colleges within a district that receives a grant to adopt or expand the use of evidence-based models of academic assessment and placement, remediation, and student support that accelerate the progress of underprepared students toward achieving postsecondary educational and career goals. (Added by Stats. 2015, Ch. 22, Sec. 20. (SB 81) Effective June 24, 2015.)
  194. 88805.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] ( Part 54 added by Stats. 2015, Ch. 22, Sec. 20. ) ## CHAPTER 1. General Provisions [88800 - 88810] ( Chapter 1 added by Stats. 2015, Ch. 22, Sec. 20. )

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    A community college district board may apply for funds, and community colleges may receive and use those funds for evidence-based practices and related support activities.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] ( Part 54 added by Stats. 2015, Ch. 22, Sec. 20. ) ## CHAPTER 1. General Provisions [88800 - 88810] ( Chapter 1 added by Stats. 2015, Ch. 22, Sec. 20. ) ## 88805. (a) (1) The governing board of a community college district may apply for funds pursuant to this part for the purpose of making more effective, evidence-based practices available to more underprepared students who enroll at campuses of the California Community Colleges. A community college within the district may receive funds to implement these evidence-based practices for the first time or to expand to additional students any evidence-based practices that are in effect as of the date of the district’s application for funds. (2) Community colleges may use funds allocated pursuant to this part to support remedial education curriculum redesign, professional development and release time for faculty, and support staff as appropriate, and data collection and reporting. (b) The evidence-based practices implemented or expanded pursuant to funding received as specified in subdivision (a) shall include basic skills improvement strategies that have demonstrated effectiveness in accelerating the progress of underprepared students toward, and increasing the number of underprepared students who successfully achieve in a timely manner, one or both of the following goals: (1) Completing a college-level English or mathematics course, or both, within a sequence of three or fewer courses after enrollment in a community college, to prepare students for college-level work. (2) Earning an industry-relevant college certificate or degree within two years. (Added by Stats. 2015, Ch. 22, Sec. 20. (SB 81) Effective June 24, 2015.)
  195. 88810.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] ( Part 54 added by Stats. 2015, Ch. 22, Sec. 20. ) ## CHAPTER 1. General Provisions [88800 - 88810] ( Chapter 1 added by Stats. 2015, Ch. 22, Sec. 20. )

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    Community colleges seeking this grant must plan and report on redesigning instruction and support services to improve student outcomes, and the Chancellor’s office and Legislative Analyst’s Office have specific program-administration 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 54. Community Colleges Basic Skills and Student Outcomes Transformation Program [88800 - 88810] ( Part 54 added by Stats. 2015, Ch. 22, Sec. 20. ) ## CHAPTER 1. General Provisions [88800 - 88810] ( Chapter 1 added by Stats. 2015, Ch. 22, Sec. 20. ) ## 88810. (a) In order to receive a grant, the governing board of a community college district shall demonstrate in its application for funding, consistent with subdivision (b) of Section 88805, that the community colleges that are to participate in the grant program will redesign their curriculum, career pathways, assessment and placement procedures, or any combination thereof, to implement, or significantly expand the use or application of, two or more of the following evidence-based practices and principles: (1) Adopting placement tests or other student assessment indicators and related policies that may include multiple measures of student performance, including grades in high school courses, especially overall grade point average, results from the common assessment system, and input from counselors. (2) Increasing the placement of students directly in gateway English and mathematics courses that are transferable to the University of California or the California State University and career pathways, with remedial instruction integrated as appropriate for underprepared students. (3) Aligning content in remedial courses with the students’ programs of academic or vocational study to target students’ actual needs and increase relevance. This paragraph is intended to encourage the development of remedial instruction focused on a student’s identified academic need informed by the student’s intended course of study. (4) Contextualizing remedial instruction in foundational skills for the industry cluster, pathways, or both, in which the student seeks to advance. (5) Providing proactive student support services that are integrated with the instruction provided. (6) Developing two- and three-course sequences, as appropriate, for completion of a college-level English or mathematics course, or both, for underprepared students, by either utilizing technology, where appropriate, to enhance the adoption of the high impact practices specified in paragraphs (1) to (5), inclusive, or implementing other effective basic skills course strategies and practices not specified in paragraphs (1) to (5), inclusive, subject to the college providing evidence that substantiates the practice is effective. (b) Community colleges are encouraged to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and math instruction between the high schools and the community colleges. (c) Each participating community college shall be responsible for all of the following: (1) Developing a plan based on two or more of the evidence-based principles and practices described in subdivision (a) that demonstrates a clear strategy for ensuring that both of the following occur within a five-year period: (A) A progressively increasing share of the students who enroll at participating community colleges within the community college district achieve the goals listed in subdivision (b) of Section 88805. (B) A significantly greater share of entering students who are enrolled at the community college achieve the goals listed in subdivision (b) of Section 88805 within a shorter time period than before the implementation of the plan at the community college. (2) Ensuring that the plan developed pursuant to paragraph (1) does all the following: (A) Describes the community college’s current practices with regard to the selected high impact practices and its readiness to implement the new interventions. (B) Articulates targets for the share of entering students projected to be served by these interventions over the three-year implementation period. (C) Sets goals for the share of entering students who complete a college-level English or mathematics course within three semesters or less after enrollment. (D) Identifies key strategies and implementation benchmarks for evaluating the progress of campus efforts to implement the selected interventions. (E) Details the number of campus faculty likely to be involved in all selected high impact interventions and the plan for addressing their professional and technical assistance needs. (3) Ensuring that its faculty participate in professional development regarding academic programs or new curriculum developed or expanded pursuant to the plan, using grant funds to support that faculty participation. (4) Commencing in the year that a community college receives a grant and for the following three fiscal years, annually reporting to the chancellor’s office on program outcomes, disaggregated by the demographic characteristics, high school grade point average, and initial placement level of its students, for purposes of measuring progress compared to the community college’s performance before its implementation of the plan. These reports should include all of the following: (A) The total number and percentage of entering students identified as underprepared before receipt of the grant. (B) The number and percentage of entering students served by the grant program, disaggregated by type of practice implemented. (C) The number and percentage of entering students achieving the goals listed in subdivision (b) of Section 88805. (D) The number of faculty involved and faculty needs regarding the adoption and operation of courses under the plan. (E) If applicable, a narrative describing any subsequent adjustments to the design of the college’s basic skills course practices or strategies adopted pursuant to paragraph (6) of subdivision (a). (F) A description of any additional or expanded student supports offered. (G) A narrative describing the community college’s efforts to collaborate with local school districts serving kindergarten and grades 1 to 12, inclusive, to better articulate English and math instruction between the high schools and the community colleges. (5) These plans should be developed in consultation with campus faculty. (d) The office of the Chancellor of the California Community Colleges shall be responsible for all of the following: (1) Developing application criteria, administrative guidelines, and other requirements for purposes of administering the grant program. Applications that would do one or both of the following shall be given priority consideration within the application criteria: (A) Scale up existing practices. (B) Provide services to greater proportions of students. (2) Administering the grant program and distributing and monitoring awards to recipient community college districts. (3) Providing the information submitted pursuant to paragraph (4) of subdivision (c) to the Legislative Analyst’s Office. (e) (1) The Legislative Analyst’s Office shall aggregate, analyze, and report the information submitted pursuant to paragraph (3) of subdivision (d) to the Legislature on the progress of the grant program in achieving its prescribed purpose. The Legislative Analyst’s Office shall issue a report by December 1, 2019. (2) (A) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2026, pursuant to Section 10231.5 of the Government Code. (B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2020, Ch. 129, Sec. 4. (AB 3374) Effective January 1, 2021.)
  196. 88815.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.3. Student Success for Basic Skills Program [88815- 88815.] ( Part 54.3 added by Stats. 2016, Ch. 24, Sec. 22. )

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    This section creates the Student Success for Basic Skills Program and assigns the Chancellor and Board of Governors duties for administering and distributing its funds.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.3. Student Success for Basic Skills Program [88815- 88815.] ( Part 54.3 added by Stats. 2016, Ch. 24, Sec. 22. ) ## 88815. (a) There is hereby established the Student Success for Basic Skills Program to be administered by the Chancellor of the California Community Colleges in accordance with subdivision (b). (b) From funds provided in the annual Budget Act for the Student Success for Basic Skills Program, the Board of Governors of the California Community Colleges shall allocate: (1) An amount up to 5 percent for faculty and staff development to improve curriculum, instruction, student services, and program practices in the areas of basic skills and English as a second language programs. The office of the Chancellor of the California Community Colleges shall select a community college district, utilizing a competitive process, to carry out these faculty and staff development activities. All colleges receiving funds pursuant to paragraph (2) shall be provided with the opportunity to participate in the faculty and staff development programs specified in this paragraph. (2) (A) All other funds for grants to community college districts for improving outcomes of students who enter college needing at least one course in English as a second language or basic skills, with particular emphasis on students transitioning from high school. (B) Funds allocated pursuant to this paragraph shall be expended for any of the following purposes: (i) Program and curriculum planning and development, student assessment, advisement and counseling services, supplemental instruction and tutoring, articulation, instructional materials and equipment, any other purpose directly related to the enhancement of basic skills, English as a second language instruction, and related student programs. (ii) To implement or expand upon the use or application of evidence-based practices and principles identified in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 88810. (iii) To accelerate the adoption and utilization of lower cost, high-quality, open educational resources in English as a second language or basic skills courses. (iv) To collaborate with high schools, and when applicable, California State University campuses, to better align remedial instruction methodologies, curriculum, and course offerings among local educational agencies, community colleges, and California State University campuses. (v) To implement assessment and placement practices that increase the likelihood that students are appropriately placed in college-level, rather than remedial, courses. (C) The funds allocated pursuant to this paragraph shall supplement, and not supplant, current expenditures by community college districts for matriculation and assessment services, basic skills, English as a second language instruction, and related student programs. (D) To be eligible to receive grant funds pursuant to this paragraph, a community college district shall submit to the office of the Chancellor of the California Community Colleges an application containing a certification that the college will, within the fiscal year, (i) complete a revised assessment of its programs and activities serving basic skills and English as a second language students utilizing the assessment tool developed pursuant to paragraph (1) of Item 6870-493 of Section 2.00 of the Budget Act of 2006 (Chapters 47 and 48 of the Statutes of 2006) and (ii) submit to the office of the chancellor an action and expenditure plan for funds received under this paragraph. The grant application shall also contain the strategies a community college district will implement to improve the successful transition of students to college-level math and English courses. These improvements shall include both increasing the number of students that successfully transition to college-level mathematics and English courses as well as reducing the time it takes students to successfully transition to college-level mathematics and English courses. At a minimum, to be eligible to receive a grant, the community college district’s strategy shall include an evidence-based plan for the adoption and implementation of multiple measures of assessment and placement. The office of the chancellor shall prioritize funding grant applications from community college districts that participate in the Community Colleges Basic Skills and Student Outcomes Transformation Program established by Part 54 (commencing with Section 88800), or that subsequently implement or expand upon the use or application of evidence-based practices and principles identified in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 88810. (E) (i) The Chancellor of the California Community Colleges shall distribute grant funds to community college districts that meet the application criteria in subparagraph (D) on the basis of the following weighted factors: (I) The percentage of students receiving a Board of Governors fee waiver who first enrolled in a course below transfer level in English, mathematics, or English as a second language, or any combination of these, and subsequently completed a college-level course in the same subject within one year and within two years. This factor shall comprise 50 percent of the allocation formula. (II) The percentage of students receiving a Board of Governors fee waiver. This factor shall comprise 25 percent of the formula. (III) The percentage of basic skills full-time equivalent students in courses offered by that community college district using evidence-based practices and principles identified in paragraphs (1) to (6), inclusive, of subdivision (a) of Section 88810. This factor shall comprise 25 percent of the formula. (ii) The chancellor may include other factors and adjustments as he or she determines necessary to accomplish the objectives of this paragraph. (iii) The chancellor shall annually notify and receive concurrence from the Department of Finance in consultation with the Legislative Analyst’s Office prior to including additional factors and adjustments pursuant to clause (ii) and prior to apportioning these funds to community college districts. (iv) The Director of Finance shall notify the Joint Legislative Budget Committee of his or her intent to concur with the use of additional factors and adjustments pursuant to clauses (ii) and (iii). (v) For purposes of distributing the funds, the chancellor shall establish a minimum allocation of one hundred thousand dollars ($100,000) per college in the applying community college district. (F) Notwithstanding subparagraph (E), commencing with the 2016–17 fiscal year, the Chancellor of the California Community Colleges shall adjust the distribution of funds pursuant to subparagraph (E) to ensure that community college districts do not receive less state aid from the Student Success for Basic Skills Program than they received from appropriations for these purposes in the 2015–16 fiscal year. (G) As a condition of participating in this program, commencing with the 2017–18 fiscal year, the office of the Chancellor of the California Community Colleges shall strongly encourage the five community college districts with the lowest calculated percentages as specified in subclause (I) of clause (i) of subparagraph (E) that participated in this program to apply for a technical assistance team to improve the likelihood that a student is able to expeditiously transition from a basic skills course to a college-level course at that community college district. (c) (1) The office of the Chancellor of the California Community Colleges shall consult with the Department of Finance and the Legislative Analyst’s Office to develop and recommend annual accountability measures for the program. It is the intent of the Legislature that annual performance accountability measures for the program utilize, to the extent possible, data available as part of the accountability system developed pursuant to Section 84754.5. (2) On or before March 15, 2020, the office of the Chancellor of the California Community Colleges, in consultation with the Department of Finance and Legislative Analyst’s Office, shall report on the effectiveness of the factors used to allocate funding under this program in improving outcomes for students requiring remediation. (d) This part shall become operative July 1, 2017. (Added by Stats. 2016, Ch. 24, Sec. 22. (AB 1602) Effective June 27, 2016.)
  197. 88820.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. )

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    This section names the part the Strong Workforce Program and allows it to be cited that way.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. ) ## 88820. This part shall be known, and may be cited, as the Strong Workforce Program. (Added by Stats. 2016, Ch. 24, Sec. 23. (AB 1602) Effective June 27, 2016.)
  198. 88821.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. )

    Verify source ↗

    This section establishes the Strong Workforce Program and sets collaboration, planning, and guidance duties for the chancellor’s office, consortia, and participating community college districts and local educational agencies.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. ) ## 88821. (a) The Legislature finds and declares all of the following: (1) California’s economic competitiveness is fueled, in part, by the strength of its regional economies and its skilled workforce. (2) Upward social and economic mobility helps keep the state’s economy diversified and vibrant. (3) The attainment of industry-valued “middle skill credentials” serves as a gateway for a large and diverse number of careers in the state’s economy. (4) California’s local educational agencies, community college districts, interested public four-year universities, local workforce development boards, economic development and industry leaders, and local civic representatives should collaboratively work together to inform the offerings of courses, programs, pathways, and workforce development opportunities that enable students to access the current and future job market and further social and economic mobility. (b) The Strong Workforce Program is hereby established as a K–14 state education, economic, and workforce development initiative for the purpose of expanding the availability of high-quality, industry-valued career technical education and workforce development courses, programs, pathways, credentials, certificates, and degrees. (c) To facilitate program coordination and alignment with other workforce training, education, and employment services in the state, the Strong Workforce Program shall operate in a manner that complies with the California Strategic Workforce Development Plan, required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and expand upon existing consortia infrastructure. (d) To avoid duplication of effort, activities funded under the Strong Workforce Program shall be informed by, aligned with, and expand upon the activities of existing workforce and education regional partnerships, including those partnership activities that pertain to regional planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), adult education block grant consortia, and other career technical education programs. (e) All of the following guiding principles apply to each consortium participating in the Strong Workforce Program: (1) Any community college district or local educational agency participating in the consortium shall ensure that its career technical education and workforce development courses, credentials, certificates, degrees, programs, and pathway offerings, as applicable, are responsive to the needs of employers, workers, civic leaders, and students. (2) The consortium shall collaborate with other public institutions, including, but not limited to, adult education consortia, local workforce development boards, and interested California State University and University of California institutions. (3) The consortium shall collaborate with civic representatives, representatives from the labor community, and economic development and industry sector leaders within the region. (4) The consortium shall include collaborating entities and persons identified in this subdivision in planning meetings, provide them with adequate notice of the consortium’s proposed decisions, and solicit, consider, and respond to comments from them regarding the consortium’s proposed decisions. (5) Collaborative efforts shall focus upon evidence-based decisionmaking and student success with workforce outcomes aligned with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and closing labor market and employment gaps. Each consortium shall strive to align programmatic offerings in the most effective and efficient manner to avoid duplication of effort and streamline access to services, and education and training opportunities. (6) Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop long-term partnerships with private sector employers and labor partners to provide coordinated courses, programs, and pathways with employer involvement in the assessment, planning, and development of career technical education courses, programs, and pathways. To the extent practicable, employer partnerships should build upon regional partnerships formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128) and other state or federal programs. (7) Community college districts, local educational agencies, and other entities participating in a consortium are encouraged to develop and work closely with public and private organizations that offer workforce development programs and pathways to individuals with autism and other developmental disabilities to provide a comprehensive approach to address workforce readiness and employment. (f) The chancellor’s office shall, in consultation with the California Workforce Development Board, the Academic Senate for California Community Colleges, and its partners formed pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), as applicable, develop and implement policies and guidance necessary to implement the Community College component of the Strong Workforce Program, including policies and guidance necessary for consortia, including community college districts and their regional partners, to increase the number of aligned middle skill and career technical education courses, programs, pathways, credentials, certificates, and degrees. No later than June 30, 2017, the chancellor’s office shall develop and implement policies and guidance pursuant to this subdivision and bring before the Board of Governors of the California Community Colleges any policies, regulations, and guidance necessary to accomplish all of the following: (1) Facilitate the development, implementation, and sharing of career technical education effective practices, curriculum models and courses, and community college credentials, certificates, degrees, and programs across regions and among community college districts. (2) Enable community college districts to develop career technical education and workforce outcomes, and applicable associate degrees and certificates as appropriate. (3) Provide accessible performance and labor market data that can be used flexibly by participating community college districts and their regional partners to support the implementation of the Strong Workforce Program and related efforts to align regional workforce and education programming with regional labor market needs. (4) Encourage local efficiency through coordinated and collaborative regional workforce efforts in which community college districts are partners. (5) Support curriculum processes to ensure that students are able to efficiently transfer college-level career technical education credits across community college districts and to the California State University and the University of California. (6) Improve sector-based engagement with employers within a region. (7) Provide, in partnership with employers, work-based learning opportunities for students that increase their employability and earning potential. (8) Enable community college districts to facilitate and optimize their resources to support the Strong Workforce Program and other related regional workforce development efforts. (9) Ensure that community college district Strong Workforce Program expenditures are focused on improving student success with workforce outcomes for all students enrolled in community college career technical education courses, programs, and pathways. (10) (A) For the Community College component only, notwithstanding the June 30, 2017, implementation date specified in this subdivision, develop and implement a plan to streamline the course and curriculum approval process, both at the state and local levels. The plan shall reflect an expedited state approval process for career technical education courses, programs, and certificates, and may include the elimination of an existing state course and program approval process. The plan shall reflect one of the following two options: (i) A process of course and curriculum approval that enables community college districts to develop a course or program within one academic year and to offer that course or program the subsequent academic year. (ii) A process of course and curriculum approval that enables community college districts to develop a course or program within one academic semester and to offer that course or program the subsequent academic semester. (B) The plan described in subparagraph (A) shall also reflect the creation of a process that enables career technical education courses and programs to be portable among community college districts. This process shall enable a community college district to adapt, adopt, or adapt and adopt another community college district’s approved career technical education courses, programs, and curriculum within one academic semester and to offer that course or program, or use that curriculum, the subsequent academic semester. (C) The chancellor’s office shall consult with the Legislature and the Governor before implementing the plan. The plan shall be developed no later than July 1, 2017, and implemented no later than January 1, 2018. (11) Eliminate barriers to hiring qualified instructors for career technical education courses, including reevaluating the required minimum qualifications for career technical education instructors. (g) Community college districts are encouraged to expedite the development of targeted credit or noncredit short-term workforce training programs, in accordance with all of the following: (1) Short-term workforce training programs that focus on economic recovery and result in job placement. (2) Short-term workforce training programs that focus on the reskilling and upskilling of individuals. (3) (A) Short-term workforce training programs that have at least one proven employer partner, demonstrate job vacancies, and submit verification to the chancellor’s office. (B) For purposes of subparagraph (A), verification includes the projected number of individuals served, completion rates, and job placement rates. (4) It is the intent of the Legislature that, where possible, short-term noncredit workforce training programs should be used to be responsive to the workforce training needs of employers, with the ability to transition to credit or noncredit courses and programs upon successful completion of a program established pursuant to this subdivision. Colleges are encouraged to develop workforce training that uses competency-based approaches, and applies credit for prior learning where possible. (h) After June 30, 2017, and only as necessary, the chancellor’s office may develop and implement revised polices and guidance for the Community College component only, and bring regulations before the Board of Governors of the California Community Colleges as necessary for a community college district and its regional partners to accomplish both of the following: (1) Implement and expand the amount of aligned middle skill and career technical education credentials, certificates, degrees, courses, programs, and pathways in accordance with paragraphs (1) to (11), inclusive, of subdivision (f). (2) Implement the recommendations of the Strong Workforce Task Force. (i) No later than June 30, 2026, the chancellor’s office shall revise any policies, regulations, and guidance necessary to provide students, employers, or both, with paid work-based learning opportunities that may be directly supported with funds apportioned directly to a community college district pursuant to clause (iv) of subparagraph (B) of paragraph (2) of subdivision (c) of Section 88825. (j) (1) For purposes of this section, the chancellor’s office shall consider input provided by relevant stakeholders, including the Academic Senate of the California Community Colleges, the Workforce Pathways Joint Advisory Committee, and the California Workforce Development Board, before implementing revised guidance, policies, or regulatory changes for the Community College component. (2) For purposes of the Community College component and in compliance with the consultation requirements in Sections 70901 and 70902, the Academic Senate of the California Community Colleges shall establish a career technical education subcommittee to provide recommendations on career technical education issues. No less than 70 percent of the subcommittee shall consist of career technical education faculty. The subcommittee’s charter shall require it to provide assistance to community college districts to ensure that career technical education and its instruction is responsive and aligned to current and emergent industry trends, and ensure that similar courses, programs, and degrees are portable among community college districts. (Amended by Stats. 2025, Ch. 255, Sec. 1. (AB 323) Effective January 1, 2026.)
  199. 88822.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. )

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    This section defines terms used in the Strong Workforce Program and requires local educational agencies to be grouped with community college districts for consortium 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 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. ) ## 88822. For purposes of this part, the following terms have the following meanings: (a) “Career pathways” means an identified series of positions, work experiences, or educational benchmarks or credentials that offer occupational and financial advancement within a specified career field or related fields over time. (b) “Career technical education credential” means a workforce certificate, degree, or industry-recognized credential. (c) “Career Technical Education Regional Consortium,” or “consortium,” means an administrative grouping of community college districts and local educational agencies by the Division of Workforce and Economic Development of the chancellor’s office for the purpose of coordination and joint planning within regions, as defined in subdivision (p). Local educational agencies shall be grouped based on their association with community college districts. In the event that a local educational agency does not fall within the geographical boundaries of any community college district, the local educational agency shall be grouped with the nearest community college district. (d) “Chancellor’s office” means the Office of the Chancellor of the California Community Colleges. (e) “Community College component” means the funding allocated pursuant to Section 88825. (f) “Deputy Sector Navigator” means an individual serving as an in-region contact for an industry or occupational cluster, working with the region’s colleges and employers to create alignment around and deliver on workforce training and career pathways. (g) “Industry” or “industry sectors” means trade associations or those firms that produce similar products or provide similar services using somewhat similar business processes. (h) “Joint powers authority” means an entity established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive. (i) “K–12 component” means funding allocated pursuant to Section 88827. (j) “K–12 Workforce Pathway Coordinator” means an individual serving as an in-region contact to provide technical assistance and support to K–12 local educational agencies pursuant to subdivision (a) of Section 88833. (k) “K–14 Technical Assistance Provider” means an individual serving as the in-region contact pursuant to subdivision (b) of Section 88833 to provide leadership and technical assistance regionwide on K–14 career technical education programs or pathways. (l) “Local educational agency” means a school district, county office of education, or charter school. (m) “Middle skill credential” means a certificate, associate’s degree, or industry-recognized credential that is less than a bachelor’s degree but more than a high school diploma and facilitates student success with workforce outcomes. (n) “Plan” means the regional plan established under this part. (o) “Program” means the Strong Workforce Program established under this part. (p) “Region” means a geographic area of the state defined by economic and labor market factors containing at least one industry cluster and the cities, counties, community college districts, and local educational agencies, or all of them, in the industry cluster’s geographic area. To the extent possible, for the purposes of this part, collaborative regions should align with federal Workforce Innovation and Opportunity Act (Public Law 113-128) regional planning unit boundaries specified in the California Strategic Workforce and Development Plan and expand upon existing consortium infrastructure established by the chancellor’s office. (q) “Short-term workforce training program” means a 4 to 12-week program with a proven employer partner designed for targeted reskilling and upskilling that results in job placement. (r) “Strong Workforce Task Force” means the Task Force on Workforce, Job Creation and a Strong Economy commissioned by the Board of Governors of the California Community Colleges. (Amended by Stats. 2020, Ch. 25, Sec. 12. (SB 116) Effective June 29, 2020.)
  200. 88823.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. )

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    Consortia must submit and update regional plans, and community college districts must use those plans for local planning and meet with consortium members at least annually.

    ## Education Code - EDC ## TITLE 3. POSTSECONDARY EDUCATION [66000 - 101460] ( Title 3 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 7. COMMUNITY COLLEGES [70900 - 88933] ( Division 7 enacted by Stats. 1976, Ch. 1010. ) ## PART 54.5. Strong Workforce Program [88820 - 88833] ( Part 54.5 added by Stats. 2016, Ch. 24, Sec. 23. ) ## 88823. (a) This section applies to the Community College component only. (b) Commencing July 1, 2017, as a condition of receipt of funds allocated pursuant to Section 88825 for a fiscal year, each consortium, in consultation with collaborating entities identified in paragraph (2) of subdivision (e) of Section 88821, shall submit a plan to the chancellor’s office that has been updated for that fiscal year. (c) The plan pursuant to subdivision (b) shall include all of the following requirements: (1) The names of the community college districts participating in the consortium, including the name of the community college identified as the consortium’s fiscal agent, and the names of entities collaborating pursuant to paragraph (2) of subdivision (e) of Section 88821. (2) The governance model for the consortium. Decisions governing, or relating to, the distribution of fiscal resources shall be determined exclusively by the community college districts participating in the consortium. (3) An analysis of regional labor market needs informed by a federal Workforce Innovation and Opportunity Act (Public Law 113-128) economic analysis and other sources as applicable. This analysis shall also include wage data for each industry sector or labor market need identified. (4) An inventory of regionally prioritized and locally prioritized projects and programs that close relevant labor market and employment gaps. (5) Measurable regional goals that align with the performance accountability measures of the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (6) For regionally prioritized projects and programs, a work plan, spending plan, and budget. The work plan, spending plan, and budget shall identify the amount of funding allocated for one-time and ongoing expenditures. (7) A description of the alignment of work plans, spending plans, and other education and workforce plans guiding services in the region, including plans pertaining to the building of career pathways and the employment of workforce sector strategies and those plans required pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (d) Each consortium shall submit a plan by January 31 once every four years and shall annually update the plan by January 31 of each year until the next new plan is submitted. (e) The chancellor’s office shall review the plans on a four-year cycle and ensure that annual updates are made by each consortium. The chancellor’s office shall determine if each consortium has made significant progress in meeting the goals and measures outlined in its plan, and provide technical assistance to a consortium that has not met its goals. The chancellor’s office is encouraged to provide technical assistance pursuant to this subdivision through the Institutional Effectiveness Partnership Initiative. (f) To avoid duplication of effort, plans developed pursuant to this section shall be informed by, aligned with, and expand upon regional plans and planning efforts established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128). (g) Community college districts participating in a consortium shall utilize their region’s plan to inform local campus planning efforts to implement career technical education courses, programs, and pathways and integrate available local, regional, state, and nonpublic resources to ensure that students will achieve successful workforce outcomes. (h) Community college districts shall meet with the members of their consortium not less than annually to inform on the delivery of career technical education and workforce development courses, programs, and pathways within the region. (i) Each region’s plan shall be for the primary purpose of informing the development of strategies related to career technical education and workforce development courses, programs, and pathways. Each region’s plan shall reflect strategies to efficiently and effectively utilize any available public and private resources, including funds for the Career Technical Education Pathways Program established in Part 52 (commencing with Section 88530), in a manner that better aligns career technical education courses, programs, and pathways with the needs of their regional economies. (j) It is the intent of the Legislature to align community college career technical education programs within the Strong Workforce Program. Staff from the chancellor’s office, the Legislative Analyst’s Office, and the Department of Finance are requested to investigate the potential consolidation of community college career technical education programs within the Strong Workforce Program. (Amended by Stats. 2019, Ch. 497, Sec. 95. (AB 991) Effective January 1, 2020.)

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