Reduction In Services - Employment - Education - CA

Section § 87743

This California Education Code section outlines the rules for terminating tenured and probationary school employees due to decreased student attendance or a reduction in services for the upcoming school year. The governing board can let employees go if these situations arise, but tenured employees cannot be dismissed while less senior or probationary employees are kept, if the tenured employee is qualified and competent for available positions.

Notice of termination for such reasons must be sent before May 15th, and if an employee is not notified properly, they must be rehired for the following year. Employee retention should respect seniority and qualifications.

No tenured employee shall be deprived of his or her position for causes other than those specified in Sections 87453, 87467, and 87484, and Sections 87732 to 87739, inclusive, and no probationary employee shall be deprived of his or her position for cause other than as specified in Section 87740 except in accordance with the provisions of Section 87463 and Sections 87743 to 87762, inclusive.

Whenever in any school year the average daily attendance in all of the schools of a district for the first six months in which school is in session shall have declined below the corresponding period of either of the previous two school years, or whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, and when in the opinion of the governing board of the district it shall have become necessary by reason of either of these conditions to decrease the number of tenured employees in the district, the governing board may terminate the services of not more than a corresponding percentage of the employees of the district, tenured as well as probationary, at the close of the school year. However, the services of no tenured employee may be terminated under this section while any probationary employee, or any other employee with less seniority, is retained to render a service in a faculty service area in which the records of the district maintained pursuant to Section 87743.4 reflect that the tenured employee possesses the minimum qualifications prescribed by the board of governors and is competent to serve under district competency criteria.

Notice of the termination of services either for a reduction in attendance or reduction or discontinuance of a particular kind of service to take effect not later than the beginning of the following school year, shall be given before the 15th of May in the manner prescribed in Section 87740 and services of the employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with Sections 87413 and 87414. In the event that a tenured or probationary employee is not given the notices and a right to a hearing as provided for in Section 87740, he or she shall be deemed reemployed for the ensuing school year.

The board shall make assignments and reassignments in a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render.

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Section § 87743.1

This section defines a 'faculty service area' as a specific subject or group of related subjects or services provided by faculty, as determined by a community college district.

As used in this chapter, “faculty service area” means a service or instructional subject area or group of related services or instructional subject areas performed by faculty and established by a community college district.

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Section § 87743.2

By July 1, 1990, every community college district in California must create specific areas called faculty service areas. These areas help define where faculty members can work. Discussions about setting these areas up should include negotiations between the college district and the faculty's representative, who should also talk with the academic senate for input on their proposals.

Not later than July 1, 1990, each community college district shall establish faculty service areas. The establishment of faculty service areas shall be within the scope of meeting and negotiating pursuant to Section 3543.2 of the Government Code. The exclusive representative shall consult with the academic senate in developing its proposals.

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Section § 87743.3

In California, when a faculty member starts their job, they must qualify for at least one faculty service area, which relates to their teaching assignments. A faculty member can qualify for more areas if they meet the necessary qualifications and district standards. After they're hired, they can apply each year by February 15 to be recognized in additional service areas. If there's a disagreement about a faculty member not being properly recognized for an area, it is treated as a grievance. If the district lacks a grievance process, the school’s academic senate and board need to create a fair way to resolve these issues.

Each faculty member shall qualify for one or more faculty service areas at the time of initial employment. A faculty member shall be eligible for qualification in any faculty service area in which the faculty member has met both minimum qualifications pursuant to Section 87356 and district competency standards. After initial employment, a faculty member may apply to the district to add faculty service areas for which the faculty member qualifies. The application shall be received by the district on or before February 15 in order to be considered in any proceeding pursuant to Section 87743 during the academic year in which the application is received. Any dispute arising from an allegation that a faculty member has been improperly denied a faculty service area shall be classified and procedurally addressed as a grievance. If the district has no grievance procedure, fair and equitable procedures for the resolution of the disputes shall be developed by the academic senate and representatives of the governing board.

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Section § 87743.4

This law requires each school district to keep a permanent record for every faculty member that details the areas they are qualified to teach based on meeting minimum requirements and their proven competency as per district standards. This information must be stored in the faculty member's personnel file.

Each district shall maintain a permanent record for each faculty member employed by the district of each faculty service area for which the faculty member possesses the minimum qualifications for service and in which he or she has established competency pursuant to district competency standards. The record shall be contained in the faculty member’s personnel file.

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Section § 87743.5

This law requires each community college district in California to establish criteria to determine if faculty members are competent to serve in specific areas. These criteria had to be set by July 1, 1990, and the process of creating these criteria involves negotiation between the districts and their faculty, as outlined in the Government Code.

To determine competency to serve in a faculty service area for the purposes of Section 87743, each community college district shall, not later than July 1, 1990, establish competency criteria for faculty members employed by the district. The development and establishment of such competency criteria shall be within the scope of meeting and negotiating pursuant to Section 3543 of the Government Code.

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Section § 87744

This law section gives rights to employees whose jobs have ended. If their position is reinstated or more jobs become available within 39 months, they have priority to be rehired, based on when they were first employed. If they choose, they can defer this right for up to a year. Being reappointed doesn't break their service record, but the absence doesn't count toward retirement time. During this priority period, they have the first chance for temporary jobs if others are absent, and if they get a temporary position, it won’t change their employment status or rights. They also might be able to make up retirement contributions within a year after returning, though the district doesn’t have to match them. If they become disabled or reach retirement age before rejoining, they still get retirement benefits as if they never left.

Any regular employee whose services have been terminated, as provided in Section 87743, shall have the following rights:

(a) For the period of 39 months from the date of the termination, any employee who in the meantime has not attained the age of 70 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with Sections 87405 to 87424, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. However, no contract or other employee with less seniority shall be employed to render a service for which the employee meets minimum qualifications and is competent to render.

(b) The right to reappointment may be waived by the employee, without prejudice, for not more than one college year, unless the board extends this right, but such a waiver shall not deprive the employee of his or her right to subsequent offers of reappointment.

(c) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by that termination, but the period of his or her absence shall not count as a part of the service required for retirement.

(d) During the period of his or her preferred right to reappointment, the employee, in the order of original employment, shall be offered prior opportunity for temporary service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty. However, his or her services may be terminated upon the return to duty of the other employee, the compensation he or she receives shall be not less than the amount he or she would receive if he or she were being reappointed, and that the temporary service shall not affect the retention of his or her previous classification and rights.

(e) At any time prior to the completion of one year after his or her return to service, he or she may continue or make up, with interest, his or her own contributions to any state or district retirement system, for the period of his or her absence, but it shall not be obligatory on a district to match these contributions.

(f) If the employee becomes disabled or reaches retirement age at any time before his or her return to service, he or she shall receive, in any state or district retirement system of which he or she was a member, all benefits to which he or she would have been entitled had the event occurred at the time of his or her termination of service, plus any benefits he or she may have qualified for thereafter, as though still employed.

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Section § 87745

If a contract employee is let go, they have the right to be rehired within 24 months if positions open up, and they're under 70. Their rehire is prioritized over newer contract or temporary employees if they are qualified and competent.

If rehired, the gap in their employment counts as a leave of absence, keeping their rank and past service credit, but doesn't count towards regular status or retirement time. They also have the chance for temporary work if it arises, with no impact on their existing seniority or benefits.

Furthermore, within a year of returning, they can choose to reactivate retirement benefits as if they were never absent, provided they pay their and the district’s contributions plus interest.

Any contract employee whose services have been terminated as provided in Section 87743 shall have the following rights:

(a) For the period of 24 months from the date of the termination, any employee who in the meantime has not attained the age of 70 years shall have the preferred right to reappointment, subject to the prior rights to reappointment by all regular employees as set forth in Section 87744, in the order of original employment as determined by the governing board in accordance with Sections 87405 to 87424, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. However, no contract or temporary employee with less seniority shall be employed to render a service for which the employee meets minimum qualifications and is competent to render.

(b) As to any employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when his or her services were terminated, and credit for prior service under any state or district retirement system shall not be affected by the termination. However, the period of his or her absence shall not be counted as a part of the service required for attaining regular status in the district or, except as provided in subdivision (c), for retirement purposes.

(c) During the period of his or her preferred right to reappointment, the employee, in the order of original employment and subject to the rights of regular employees as set forth in Section 87744, shall be offered prior opportunity for temporary service during the absence of any other employee who has been granted leave of absence or who is temporarily absent from duty. However, his or her services may be terminated upon a return to duty of the other employee, such temporary service shall not affect the retention of his or her previous classification and rights.

(d) At any time prior to the completion of one year after his or her return to service, an employee reappointed under this section may elect to continue or to reinstate his or her membership and interest in any state or district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of such an election, the employee shall pay into the retirement system the amount of his or her share of contribution and the district’s share of contribution attributable to the period of absence and the amount of any contributions withdrawn, plus interest.

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Section § 87746

This law lays out the rules for reemploying contract employees who were let go because of fewer students or cutting a specific service. If these employees are rehired within 39 months, their time away won't count against them when it comes to becoming a regular employee. However, this absence doesn't break their service continuity with the district.

Once reemployed, they receive the same rights as regular employees (except the right to be reappointed), but regular employees have priority over them.

If the services of any contract employee are terminated, or if such an employee is dismissed, because of a reduction in the attendance of students or the discontinuance of a particular kind of service, and the employee is reemployed within a period of 39 months from the last day of the college year within which his or her service was so terminated, or within 39 months after the cessation of hostilities, if the reduction in attendance or discontinuance of service was due to war conditions, the period of the employee’s absence shall not count as a part of the service required as a condition precedent to the classification of the employee as a regular employee of the district, but the absence shall not be construed as a break in the continuity of the service of the employee.

Every contract employee who has been reemployed as indicated in this section shall have all of the rights enumerated in Section 87463 and Sections 87743 to 87762, inclusive, for regular employees, except the right of reappointment, subject only to the prior rights of regular employees.

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