EmploymentGeneral Provisions
Section § 87400
This law mandates that community college districts in California can only hire people for academic positions who meet the qualifications set by the board of governors. It also prohibits discrimination in hiring recommendations based on an applicant's race, color, religion, sex, sexual orientation, gender identity, gender expression, or national origin.
Section § 87405
This law states that community college districts in California cannot hire or keep anyone who has been convicted of sex offenses or controlled substance offenses. However, if someone is later acquitted, or the charges are dropped, they can be employed.
People with these convictions aren't automatically disqualified if they have applied for or received a certificate of rehabilitation and pardon, their probation is terminated, and charges are dismissed. Also, if someone shows proof they've been rehabilitated for at least five years or their charges have been fully dismissed, they may be eligible for employment.
Section § 87406
This law prevents community colleges from hiring or keeping anyone labeled as a sexual psychopath, based on specific legal determinations. If this label is overturned or if the case is dropped, the person can be employed by the colleges.
Section § 87406.5
This law lets community college districts in California hire students who are ex-convicts or on parole to do non-teaching jobs. However, those who are classified as sexual psychopaths are not eligible. Importantly, these student workers won't be considered regular employees of the district.
Section § 87408
When hiring someone for an academic job for the first time in California, community colleges need proof the candidate doesn't have any communicable diseases like tuberculosis, through a medical certificate. This certificate must be from a licensed medical professional and done at the candidate’s cost within six months of job application. This certificate becomes part of their personnel file and is accessible to the person.
The college can also require current academic employees to have periodic medical exams to check they're free from communicable diseases. These exams are paid for by the college, and the resulting medical certificate also becomes part of the employee's record, accessible to them.
Section § 87408.5
If a community college in California wants to hire someone who has retired for service, they must ensure this person gets a medical check-up to prove they are healthy enough to work with students. This medical certificate, which shows they don't have any disabling diseases, should be submitted by a licensed doctor or equivalent. The examination must happen within six months before the certificate is given to the college at the retiree's own cost, and it will be stored in their personnel file.
Additionally, the college can ask for regular medical check-ups to ensure the retiree doesn't have any contagious disease. These follow-up examinations will be paid for by the college, and these results will also be stored in the retiree's personnel file, accessible to them or their representative.
Section § 87408.6
This law states that anyone being hired by a community college in academic or non-academic roles must have a tuberculosis (TB) risk assessment within 60 days before employment. If risk factors are found, they must also undergo a TB test, which could include a skin test or an X-ray if necessary. Pregnant employees may be exempt from the X-ray requirement for a short period. Employees testing negative must repeat assessments every four years or more frequently if advised by health officials. However, if an employee once tested positive and followed up with an X-ray, they don't need further TB assessments.
Furthermore, employees must file a certificate certifying they are free of active TB. Costs of these assessments are typically borne by the employee, though reimbursements may be provided. Employees with religious objections can file an affidavit for exemption unless they're suspected of having active TB. Certain temporary employees or those without direct student contact may also be exempt. Transfers within districts or from other educational institutions may be accepted if they can prove recent TB testing without issues. Additionally, drivers who frequently transport students must undergo TB assessments, with tests made available for free.
Section § 87410
If a temporary academic employee doesn't formally accept their job offer within 45 days of receiving the notification, they will be considered as having turned down the offer. This applies if the notification is sent via registered mail to their last known address.
Section § 87411
This law states that if a regular employee of a community college doesn't notify the school district by July 1st of their plans to stay or leave for the next school year, after being properly asked to do so by May 30th, their employment could be considered declined, and they might be let go on June 30th.
Section § 87413
This law section states that if you were employed in a school district in California before July 1, 1947, the date you first started your job in a probationary position is officially considered your employment start date. For employees who began on the same day, the school district's governing board will decide their order of employment. This is done either by having the employees draw lots or by an independent auditing firm randomly assigning the order.
Section § 87414
This law states that any contract or regular employee who started working after June 30, 1947, is considered employed from their first day of paid probationary or contract work. When multiple academic employees begin on the same day, a drawing decides their employment order.
However, if a community college district serves more than 15,000 full-time students, an independent auditor can randomly assign numbers to determine the order instead of a drawing. This determination must be made within 30 days of starting service.
Section § 87415
This section outlines how community college districts in California must manage and maintain records regarding the order of employment for their academic staff. Once established by a random lot, the order is permanent and must be documented. These records must be accessible to employees or their representatives.
In the absence of proper records, the board will decide the order based on available evidence, offering employees a chance to present their evidence. Each district's governing board must establish and publicly record employment orders by following specific guidelines. They must also correct any discovered mistakes in these records.
Section § 87416
This law says that if a college moves from one community college district to another and employees move with it, their employment with the new district starts from when they first began working in the previous district. This applies to those who started before July 1, 1947, as well as those who began after June 30, 1947.
Section § 87417
This law explains how the employment date for an academic employee in California is determined if they resign or are dismissed and later rehired. If rehired before July 1, 1947, the reemployment date is when they first accepted the job again; if rehired after June 30, 1947, it's when they first performed paid work after reemployment. Additionally, if an employee's job ends due to low enrollment or service discontinuation but is not considered a break in service by law, their original employment order remains unchanged.
Section § 87418
This section ensures that no part of the referenced sections and articles can take away a person's right to seek justice or remedies in court concerning questions of law and fact.
Section § 87419
This law ensures that certain existing rules about community college district employees, as specified in city or county charters, will remain in effect. It clarifies that these local provisions are not overridden by other state laws related to education sections mentioned here.
Section § 87419.1
Starting from July 1, 1978, if you're an academic employee at a community college in California—who works as a department head or in a management role—you won't have permanent job security in that role unless you meet certain criteria outlined in the code. This applies even if a city's charter says otherwise.
Section § 87420
This section states that any employment decisions made under specified education code sections are subject to change if the California Legislature decides to amend or repeal those sections. In other words, people hired under these specific guidelines do not have guaranteed protection against changes in the law that could affect their contract terms.
Section § 87421
This law clarifies that hiring employees for academic roles for less than a full school year is allowed in temporary schools or classes.
Section § 87422
This law allows community college districts in California to temporarily exchange academic employees with foreign countries, other U.S. states and territories, or other districts within California for up to three years. Such exchanges can only happen with the consent of the employees involved.
Additionally, exchange employees must meet specific qualifications as outlined in other sections of the law.
Section § 87423
If a community college district employee in California takes an exchange position, it won't impact their permanent job classification, retirement rights, or benefits. The time they spend in this exchange role will still count towards their retirement and service with the district they worked for before the exchange.
Section § 87424
This law allows a school district to pay its employee's regular salary while they work as an exchange teacher outside the state, if both parties agree. The district will not pay the salary of the out-of-state instructor who takes the place of their regular teacher.
If the in-state employee on exchange leave is unable to work due to illness, injury, or quarantine, the district can pay a substitute and deduct that amount from the regular instructor's salary.
Section § 87428
This law states that community college districts cannot make rules requiring candidates or employees for academic positions to live in the district. Additionally, districts can't favor candidates just because they live in the district.
Section § 87436
If you work full-time as a librarian, either only as a librarian or splitting your time as both a librarian and a teacher, you will be considered at the same level as an instructor.
Section § 87448
This law section outlines the qualifications required for health and medical professionals to supervise or deliver health services in educational settings. Generally, these professionals must hold specific credentials or meet the minimum qualifications set by the board of governors if they're not employed by the State Department of Public Health.
For psychologists, a specialized credential in school psychology is necessary. School nurses need specific credentials to teach. Physicians working for a community college must have a valid medical practice certificate in California.
Section § 87449
If an instructor who teaches adult classes completes their probationary period and becomes eligible for a permanent position, their tenure will be based on the average weekly hours they worked during their probation. However, they can't be classified as permanent for more than one full-time job. The number of hours for their tenure can be reduced according to certain rules.
Section § 87451
This law addresses how employee classification works for instructors at adult schools and day schools. If an instructor is a regular employee in a day school, that status doesn’t automatically apply to their role in an adult school. Conversely, if an instructor achieves a permanent role in a night school and later qualifies for the same role during day school hours, they can choose which role to take as a regular employee. The key point is that work in one type of school (day or evening) usually doesn't count towards achieving regular employee status in the other, unless explicitly arranged and requested by the community college district.
Section § 87453
This law makes sure that permanent employees of a community college district can't be fired or lose their job status because the district can't afford to pay their salary.
Section § 87454
If a tenured teacher moves to an administrative job or takes on a special type of work, they still keep their status as a tenured faculty member.
Section § 87457
If someone working in an administrative role at a community college is moved to a teaching position, the college's governing board must provide a written explanation for the transfer if the person asks for it.
Section § 87458
This law states that certain administrators in a school district can become first-year probationary faculty members after their administrative role ends, given specific conditions are met. These conditions include developing a process agreed upon by the school board and academic senate to assess qualifications, the process remaining until updated, having two years of satisfactory service, not being dismissed for cause, and the rule applies to those starting their role after July 1, 1990.
Section § 87458.1
If you work in an administrative or supervisory role in a school district and you have the necessary certification, once you complete your probationary period, you'll automatically become a regular classroom teacher in that district.
However, this only applies if you started working in the district without any breaks before July 1, 1990.
Section § 87459
This law explains that community college districts in California must decide if certain administrators or supervisors will become regular classroom instructors by May 15 of their third contract year. This applies to administrators with a four-year employment contract who are either new to the district or those without a previous four-year contract. Importantly, this only affects people whose continuous service began before July 1, 1990.
Section § 87460
If you're working in an administrative or supervisory role for more than one school district, you can choose which district to gain a regular employment classification. However, if one of the districts follows specific local rules due to a city charter, they will classify you according to those rules. This rule is only relevant to employees who started before July 1, 1990, without taking a work break.
Section § 87462
If you were a permanent employee at a high school district and worked at a community college run by that district, you will be considered a regular employee of the community college district if the high school district becomes part of a community college district and you have a faculty job there.
Section § 87463
If a community college faculty member teaches at a four-year state university that is located at their community college, they will keep the same employment rights as if they were only teaching at the community college. This applies no matter what subject or grade level they are teaching. However, the faculty member can still resign if they follow specific procedures.
Section § 87464
This law ensures that when community college districts in California undergo changes like merging or modifying boundaries, the classification and employment status of current academic staff remain the same as before. If a college campus ends up being managed by a different district due to these changes, regular staff will stay employed in their same roles unless they choose otherwise. Contract employees will also move to the new district unless their contracts are terminated according to specific rules. Essentially, staff keep their employment status consistency despite district reorganizations.
Section § 87467
If an employee of a community college district retires under a retirement law, they will automatically be dismissed from their job at the end of the current school year.
Section § 87468
This law says that if a contract employee works at least 75% of the school days in a college year, they're considered to have completed a full college year. For evening schools, the same 75% rule applies based on the number of days those schools are in session.
Section § 87469
This law states that if a contract employee at a community college works over 75% of the hours considered full-time, then their service is counted as a complete college year, regardless of other terms in Section 87468.
Section § 87470
This law allows a community college district's governing board to hire academic employees, such as educational administrators, for roles in special programs or projects that have contracts with public or private agencies. The terms are agreed upon by both the employee and the board, and must be written down.
If an employee works for at least 75% of a regular school year's days and is later hired as a faculty contract employee, this time counts towards becoming a regular employee. Employment can be for less than a full year and may end when the project or contract ends, without following standard termination procedures.
This law doesn't apply to faculty already employed in regular programs switching to these projects, or to those working in specific state-funded programs. Upon ending employment, educational administrators do not automatically receive specific rights unless these are in their contract.
Section § 87471
This law says that if a person is teaching classes at regional occupational centers, their work won't count toward becoming a regular employee at a community college. However, if someone was already teaching in a regular program and then started teaching at these centers, this rule doesn't apply to them. Additionally, it won't change the employment status of teachers who were already considered regular or contract employees when this law took effect.
Section § 87473
This law states that if you are teaching basic military drill in community college cadet companies, that time doesn't count toward the service needed to become a regular employee at a community college district.
Section § 87474
This law clarifies that faculty members at community colleges cannot gain permanent employment status based on their work during summer or intersession terms. Even if these terms are included in a collective bargaining agreement, working during these periods doesn't count towards the service needed to become a regular, permanent employee. The law also states that these rules reflect existing law and are not a change.
Section § 87475
If you've taught as a temporary faculty member at a California community college for at least 75% of the school year, and then work as a contract faculty member the following year, the college can choose to count your temporary work as part of the probationary period needed to become a regular faculty member.
Section § 87477
This section explains how community college districts in California must classify faculty members as either contract, regular, or temporary employees. Faculty members who are not classified as regular or temporary upon hiring are considered contract employees. Each new faculty member receives a written statement at hire detailing their status and salary. If hired temporarily, the statement must specify the temporary nature and duration. If it's not clearly stated as temporary, the faculty member is considered a contract employee unless classified as regular.
Section § 87478
This law explains how community college districts in California should handle the classification of faculty as temporary employees when filling in for absent regular employees. It states that after September 1 of any school year, the district can hire someone as a temporary employee for the rest of the year if a qualified regular employee isn't available. Even retirees can be considered for these positions.
If a temporary employee works for a full school year and is rehired for the next year, they must be reclassified as a contract employee. This first year as a temporary worker then counts towards gaining regular employee status.
Section § 87480
Community college boards must classify faculty who only work temporarily, such as those teaching short-term classes or performing duties just for the first few months, as temporary employees. If these duties extend beyond the initial period, these employees might get reclassified. Educational terms are in two parts each year.
Also, if an emergency arises and no one is available immediately for a longer-term appointment, they can hire someone temporarily for up to 20 days. This emergency service doesn't count towards gaining a regular employee status.
Section § 87481
This law states that a community college district in California can hire temporary faculty members to cover for a complete school year, but no less than a semester or quarter, due to faculty leave or illness. If the temporary work starts during the second semester or third quarter, it must begin before March 15th. The number of temporary faculty hired is determined by need.
If a temporary faculty member is reemployed in a new school year in a vacant position, they become a contract employee, and their prior temporary employment counts toward permanent status. A 'vacant position' refers to one not already filled by a regular or contract employee, unless the current employee is on leave.
Section § 87482
This law lets community colleges in California hire temporary faculty for one full academic year, or at least one semester or quarter, if there's a short-term need due to higher student enrollment or if a regular faculty member is unavailable. Temporary faculty can't normally be employed for more than two semesters or three quarters over three academic years, except for full-time or part-time clinical nursing faculty, who may work for up to four semesters or six quarters.
Colleges hiring clinical nursing faculty under these rules must provide detailed employment data to the chancellor's office, which will then create annual reports for the Legislature and Governor. Additionally, colleges must ensure these hires don't increase the ratio of part-time to full-time nursing faculty.
Section § 87482.3
This law outlines the requirements for California community college districts when negotiating with part-time, temporary faculty regarding employment terms. Starting July 1, 2017, districts without existing agreements must negotiate terms that include reemployment standards. These standards consider how long and how many courses the faculty have taught, their evaluations, and their availability and skills for teaching specific classes. This negotiation is necessary to receive certain state funds.
Additionally, districts must negotiate a fair process for evaluating part-time faculty under Section 87663. Even if a part-time faculty member has reemployment preferences, their job is always temporary and depends on enrollment and available funding. Districts with existing agreements that meet these requirements are already in compliance.
Section § 87482.4
This section of the law focuses on a study of pay equity between part-time and full-time faculty in California community colleges. The Legislature recognizes that teaching is a larger part of a community college faculty member's workload compared to state universities. The California Postsecondary Education Commission is tasked with analyzing salary and compensation patterns for part-time faculty compared to full-time faculty with similar qualifications and experience. The study will cover various community college settings and look at policy options to achieve pay equity. The commission is expected to work with education representatives and report its findings to the Legislature and Governor. The study is intended to be funded with up to $150,000.
Section § 87482.5
This law explains that people teaching adult or community college classes less than 67% of a full-time schedule are considered temporary employees and cannot become contract employees. If this rule conflicts with pre-2009 collective bargaining agreements, it will take effect once those agreements expire.
Substitute teaching on a day-to-day basis does not count towards becoming a contract or regular employee. Additionally, tasks like governance, staff development, or advising, don't affect contract status unless a bargaining agreement says otherwise.
Section § 87482.6
This law is about ensuring that at least 75% of teaching in California Community Colleges is done by full-time instructors. If a district doesn't meet this percentage, it must use a portion of its program improvement funds to hire more full-time teachers. Specific percentages depend on how far below the 75% mark a district is. If a district had 67-75% full-time instruction, it needs to use up to 33% of its funds to meet the goal. Districts with less than 67% must use up to 40%. If districts fail to comply, they will lose that portion of the funds. Districts that are already at or above 75% can use their funds for other improvements.
The board of governors will set and enforce rules for these measures. Measure includes excluding certain teaching loads from calculations and defining who is a full-time instructor. The chancellor is responsible for tracking and reporting the number of full-time faculty needed for compliance.
Section § 87482.7
The law requires the board of governors to create rules ensuring a certain percentage of classes must be taught by full-time instructors at community colleges. These rules are aimed at maintaining high educational standards.
If a district doesn't meet these rules, the Department of Finance will take money from that district and move it to an Employment Opportunity Fund, which is used for hiring and training efforts.
Section § 87482.8
This law suggests that part-time college faculty should be treated with respect and consideration in several ways. They should be informed of their teaching assignments at least six weeks ahead of time whenever feasible.
If a class they're set to teach is canceled less than two weeks before the semester starts, they should still be paid for the first week. Their names should be listed in the course schedule instead of just being labeled as 'staff' or 'faculty.'
Additionally, part-time faculty should be considered as integral as full-time faculty, with equal access to resources like offices, library supplies, and involvement in department activities.
Section § 87482.9
This law specifically addresses temporary and part-time faculty at community colleges in California. It mandates that the topic of earning and keeping annual reappointment rights must be a key part of contract negotiations between community college districts and these faculty members. This requirement has been in effect for any contracts established or renewed from January 1, 2002, onwards.
Section § 87483
This law allows community college districts to let their academic employees switch from full-time to part-time work while keeping their retirement benefits. To do so, these employees must meet certain conditions depending on their retirement plan.
For those in the State Teachers' Retirement Plan, regulations must align with existing rules. For those in the Public Employees' Retirement System, employees must be at least 55 years old, have worked full-time for at least 10 years (with the last five consecutive years full-time), and must work at least half the days they previously worked full-time. Part-time status is limited to five years and cannot extend past age 70.
Employees will get a proportional salary based on their part-time work but will keep all other job rights and benefits, including health insurance, as if they stayed full-time.
Section § 87484
If a community college employee in California has a full-time tenured position, any extra work they take on can be ended by the college's governing board whenever they decide. This also applies to contract employees who have a full-time job; any additional assignments they accept can be stopped at any time by the governing board.
Section § 87485
This law states that any agreement made by an employee to give up benefits outlined in this chapter is considered invalid. However, community college district boards are allowed to hire academic staff for part-time positions.
Section § 87486
This law allows community college boards in California to hire skilled people as short-term or part-time reader assistants to help faculty with teaching writing and math. These assistants are not considered faculty and don't have to follow the same employment rules unless the board decides otherwise. They are paid hourly or by the unit. The law aims to improve student work quality without increasing class size, by providing more feedback on compositions and math through qualified assistants. It is designed to be a practical solution without affecting the public employment system because the work is often part-time and done remotely.
Section § 87487
This law allows community college districts in California to create faculty internship programs to hire graduate students from universities like California State University and the University of California, or accredited institutions. The program can also include people close to meeting the qualifications needed for faculty roles in fields where a master's degree isn't commonly required. Additionally, those who meet faculty qualifications but lack teaching experience can also participate. Interns are employed temporarily and must meet specific qualifications and receive mentoring as set by the board of governors.
Section § 87488
This law allows a community college district to offer retirement incentives to their academic employees. If the college's governing board decides that early retirements would benefit the district and save money, eligible employees can receive an extra two years of service credit in their retirement plan. However, certain conditions must be met, as outlined in another specific section.
Section § 87489
This section outlines the responsibilities of community college districts in California regarding the Public Service Loan Forgiveness Program for faculty staff. It defines key terms such as 'faculty employees' and 'employment certification form' and clarifies the role these districts play in the program. The chancellor’s office is tasked with creating materials to inform faculty about the loan forgiveness program. These materials, including a notification letter, a fact sheet, and FAQs, must be distributed annually to faculty members and to new hires within 30 days of starting their employment. Furthermore, districts must annually provide enrolled faculty with renewal notices and pre-filled certification forms, ensuring no unreasonable delays. For qualifying purposes, teaching hours, and any associated work are credited at an enhanced rate, recognizing the extra effort involved in instructional activities.