reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 1 - Provisions Applying to All Employees › ARTICLE 6 - Reporting by Community College Employees of Improper Governmental Activities › Section 87162.

87162.
For the purposes of this article, the following terms have the following meanings:
(a) “Employee” means a public school employee as defined in subdivision (j) of Section 3540.1 of the Government Code as construed to include community college employees.
(b) “Illegal order” means any directive to violate or assist in violating a federal, state, or local law, rule, or regulation or an order to work or cause others to work in conditions outside of their line of duty that would unreasonably threaten the health or safety of employees or the public.
(c) “Improper governmental activity” means an activity by a community college or by an employee that is undertaken in the performance of the employee’s official duties, whether or not that activity is within the scope of his or her employment, and that meets either of the following descriptions:
(1) The activity violates a state or federal law or regulation, including, but not limited to, corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty.
(2) The activity is economically wasteful or involves gross misconduct, incompetency, or inefficiency.
(d) “Person” means any individual, corporation, trust, association, any state or local government, or any agency or instrumentality of any of the foregoing.
(e) “Protected disclosure” means a good faith communication that discloses or demonstrates an intention to disclose information that may evidence either of the following:
(1) An improper governmental activity.
(2) Any condition that may significantly threaten the health or safety of employees or the public if the disclosure or intention to disclose was made for the purpose of remedying that condition.
(f) “Public school employer” has the same meaning as in subdivision (k) of Section 3540.1 of the Government Code as construed to include community college districts.
(Added by Stats. 2000, Ch. 531, Sec. 2. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 1 - Provisions Applying to All Employees › ARTICLE 6 - Reporting by Community College Employees of Improper Governmental Activities › Section 87163.

87163. (a) An employee may not directly or indirectly use or attempt to use the official authority or influence of the employee for the purpose of intimidating, threatening, coercing, commanding, or attempting to intimidate, threaten, coerce, or command any person for the purpose of interfering with the right of that person to disclose to an official agent matters within the scope of this article.
(b) For the purpose of subdivision (a), “use of official authority or influence” includes promising to confer or conferring any benefit; affecting or threatening to affect any reprisal; or taking, directing others to take, recommending, processing, or approving any personnel action, including, but not limited to appointment, promotion, transfer, assignment, performance evaluation, suspension, or other disciplinary action.
(c) For the purpose of subdivision (a), “official agent” includes a community college administrator, member of the governing board of a community college district, or the Chancellor of the California Community Colleges.
(d) An employee who violates subdivision (a) may be liable in an action for civil damages brought against the employee by the offended party.
(e) Nothing in this section shall be construed to authorize an individual to disclose information otherwise prohibited by or under law.
(Added by Stats. 2000, Ch. 531, Sec. 2. Effective January 1, 2001.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 1 - General Provisions › Section 87350.

87350. The plan for a new mechanism of faculty qualifications being developed by the Chancellor of the California Community Colleges pursuant to Chapter 1465 of the Statutes of 1986 shall include all of the following:
(a) A transition provision which would grandfather existing bargaining unit definitions.
(b) Consideration of projected California demographics.
(c) Consideration of affirmative action policies and programs.
(Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 1 - General Provisions › Section 87351.

87351. The minimum qualifications for service prescribed by this chapter shall become operative on July 1, 1990.
(Added by Stats. 1990, Ch. 1302, Sec. 31. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 2 - Minimum Qualifications and Hiring Criteria › Section 87355.

87355. Notwithstanding Section 87356, every person authorized to serve as a community college instructor, librarian, counselor, student personnel worker, supervisor, administrator, or chief administrative officer under a credential shall retain the right to serve under the terms of that credential, and, for that purpose, shall be deemed to possess the minimum qualifications specified for every discipline or service covered by the credential until the expiration of that credential. The board of governors shall adopt regulations as necessary to implement this requirement.
(Repealed and added by Stats. 1989, Ch. 1340, Sec. 7. Effective October 2, 1989.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 2 - Minimum Qualifications and Hiring Criteria › Section 87356.

87356. (a) The board of governors shall adopt regulations to establish and maintain the minimum qualifications for service as a faculty member teaching credit instruction, a faculty member teaching noncredit instruction, a librarian, a counselor, an educational administrator, an extended opportunity programs and services worker, a disabled students programs and services worker, an apprenticeship instructor, and a supervisor of health.
(b) The Legislature finds and declares that this section does not create a state-mandated local program because compensation of faculty will continue to be determined through the collective bargaining process or meet and confer sessions.
(Added by Stats. 1993, Ch. 506, Sec. 2. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 2 - Minimum Qualifications and Hiring Criteria › Section 87358.

87358. The board of governors shall periodically designate a team of community college faculty, administrators, and trustees to review each community college district’s application of minimum qualifications to faculty and administrators.
(Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 2 - Minimum Qualifications and Hiring Criteria › Section 87359.

87359. The board of governors shall adopt regulations setting forth a process authorizing local governing boards to employ faculty members and educational administrators who do not meet the applicable minimum qualifications specified in the regulations adopted by the board of governors pursuant to Section 87356. Unless and until amended pursuant to the process described in Section 87357, the regulations shall require all of the following:
(a) No one may be hired to serve as a community college faculty member or educational administrator under the authority granted by the regulations unless the governing board determines that he or she possesses qualifications that are at least equivalent to the minimum qualifications specified in regulations of the board of governors adopted pursuant to Section 87356. The criteria used by the governing board in making the determination shall be reflected in the governing board’s action employing the individual.
(b) The process, as well as criteria and standards by which the governing board reaches its determinations regarding faculty members, shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that each individual faculty member employed under the authority granted by the regulations possesses qualifications that are at least equivalent to the applicable minimum qualifications specified in regulations adopted by the board of governors. The process shall further require that the governing board provide the academic senate with an opportunity to present its views to the governing board before the board makes a determination, and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Section 87358.
(c) Until a joint agreement is reached and approved pursuant to subdivision (b), the district process in existence on January 1, 1989, shall remain in effect.
(Amended by Stats. 1993, Ch. 506, Sec. 3. Effective January 1, 1994.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 2 - Minimum Qualifications and Hiring Criteria › Section 87359.5.

87359.5. By May 1, 1989, the board of governors shall have reviewed or contracted for review of, the job relevance of the requirements of Sections 87408, 87408.5, 87408.6, and any other physical fitness tests or examinations, and other conditions of employment, applicable to community college personnel.
(Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 2.5 - Qualifications for Community College Personnel › ARTICLE 3 - Hiring Criteria › Section 87360.

87360. (a) In establishing hiring criteria for faculty and administrators, district governing boards shall, no later than July 1, 1990, develop criteria that include a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community college students.
(b) No later than July 1, 1990, hiring criteria, policies, and procedures for new faculty members shall be developed and agreed upon jointly by representatives of the governing board, and the academic senate, and approved by the governing board.
(c) Until a joint agreement is reached and approved pursuant to subdivision (b), the existing district process in existence on January 1, 1989, shall remain in effect.
(Added by Stats. 1988, Ch. 973, Sec. 28. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87400.

87400. Governing boards of community college districts shall employ for academic positions, only persons who possess the qualifications therefor prescribed by regulation of the board of governors. It is contrary to the public policy of this state for any person or persons charged, by those governing boards, with the responsibility of recommending persons for employment by those boards to refuse or to fail to do so for reasons of race, color, religious creed, sex, sexual orientation, gender identity, gender expression, or national origin of those applicants for that employment.
(Amended by Stats. 2011, Ch. 637, Sec. 10. (AB 620) Effective January 1, 2012.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87405.

87405. (a) Governing boards of commmunity college districts shall not employ or retain in employment persons who have been convicted of any sex offense as defined in Section 87010 or controlled substance offense as defined in Section 87011. If, however, any such conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter.
(b) Notwithstanding subdivision (a), no person shall be denied employment or not be retained solely on the basis that he or she has been convicted of a sex offense or a controlled substance offense if he or she has obtained or applied for a certificate of rehabilitation and pardon under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, and if his or her probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.
(c) Notwithstanding subdivision (a), a person may be employed or retained despite being convicted of a sex offense or a controlled substance offense if the governing board determines from the evidence presented that the person has been rehabilitated for at least five years, or has received a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or if the accusation or information against the person has been dismissed and he or she has been released from all disabilities and penalties resulting from the offense pursuant to Section 1203.4 of the Penal Code.
(Amended by Stats. 1990, Ch. 1302, Sec. 37. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87406.

87406. Governing boards of community college districts shall not employ or retain in employment any person who has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 5500), Chapter 1, Part 1.5, Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state. If, however, the determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding or the proceeding to determine whether he or she is a sexual psychopath is dismissed, this section does not prohibit his or her employment thereafter.
(Amended by Stats. 1990, Ch. 1302, Sec. 38. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87406.5.

87406.5. Notwithstanding any other provision of law to the contrary, the governing board of any community college district may employ any student enrolled in the district who is an ex-convict or who is on parole, other than a person determined to be a sexual psychopath, to perform noninstructional duties and such student workers shall not be considered to be classified employees.
(Added by Stats. 1981, Ch. 470, Sec. 345.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87408.

87408. (a) When a community college district wishes to employ a person in an academic position and that person has not previously been employed in an academic position in this state, the district shall require a medical certificate showing that the applicant is free from any communicable disease, including, but not limited to, active tuberculosis, unfitting the applicant to instruct or associate with students. The medical certificate shall be submitted directly to the governing board by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure. The medical examination shall have been conducted not more than six months before the submission of the certificate and shall be at the expense of the applicant. A governing board may offer a contract of employment to an applicant subject to the submission of the required medical certificate. Notwithstanding Section 87031, the medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee.
(b) The governing board of a community college district may require academic employees to undergo a periodic medical examination by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure, to determine that the employee is free from any communicable disease, including, but not limited to, active tuberculosis, unfitting the applicant to instruct or associate with students. The periodic medical examination shall be at the expense of the district. The medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee.
(Amended by Stats. 2010, Ch. 512, Sec. 9. (SB 1069) Effective January 1, 2011.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87408.5.

87408.5. (a) When a community college district wishes to employ a retirant who is retired for service, and such person has not been previously employed as a retirant, such district shall require, as a condition of initial employment as a retirant, a medical certificate showing that the retirant is free from any disabling disease unfitting him or her to instruct or associate with students. The medical certificate shall be completed and submitted directly to the community college district by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure. A medical examination shall be required for the completion of the medical certificate. The examination shall be conducted not more than six months before the completion and submission of the certificate and shall be at the expense of the retirant. The medical certificate shall become a part of the personnel record of the employee and shall be open to the employee or his or her designee.
(b) The community college district that initially employed the retirant, or any district that subsequently employs the retirant, may require a periodic medical examination by a physician and surgeon licensed under the Business and Professions Code, a physician assistant practicing in compliance with Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code, or a commissioned medical officer exempted from licensure, to determine that the retirant is free from any communicable disease unfitting him or her to instruct or associate with students. The periodic medical examination shall be at the expense of the community college district. The medical certificate shall become a part of the personnel record of the retirant and shall be open to the retirant or his or her designee.
(Amended by Stats. 2010, Ch. 512, Sec. 10. (SB 1069) Effective January 1, 2011.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87410.

87410. Any academic employee not a regular employee who fails to signify his acceptance within 45 consecutive calendar days after notice of his or her election or employment has been given him or her, or mailed to him or her by United States registered mail with postage thereon prepaid at his or her last known place of address, by the clerk or secretary of the governing board of the community college district, shall be deemed to have declined the employment.
(Amended by Stats. 1990, Ch. 1302, Sec. 42. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87411.

87411. If, without good cause, a regular employee of a community college district fails prior to July 1st of any college year to notify the governing board of the district of his or her intention to remain or not to remain in the service of the district, as the case may be, during the ensuing college year if a request to give that notice, including a copy of this section, was personally served upon the employee, or mailed to him or her by United States certified mail with return receipt requested to his or her last known place of address, by the clerk or secretary of the governing board of the community college district, not later than the preceding May 30th, the employee may be deemed to have declined employment and his or her services as an employee of the district may be terminated on June 30th of that year.
(Amended by Stats. 1995, Ch. 758, Sec. 138. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87413.

87413. Except as otherwise provided in Sections 87415 to 87424, inclusive, every contract or regular employee employed before July 1, 1947, shall be deemed to have been employed on the date upon which he or she first accepted employment in a probationary position.
In case two or more employees accepted employment on the same date, the governing board of the district shall determine the order of employment by lots drawn by the employees concerned or assigned at random by an independent auditing firm employed in accordance with Section 87414.
(Amended by Stats. 1995, Ch. 758, Sec. 139. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87414.

87414. Every contract or regular employee employed after June 30, 1947, shall be deemed to have been employed on the date upon which he or she first rendered paid service in a probationary or contract position.
Every academic employee who first rendered paid service on the same date shall participate in a single drawing to determine the order of employment, except that in community college districts having a full-time equivalent student in excess of 15,000, an independent auditing firm may be employed to assign to those employees numbers at random which shall determine the order of employment. Any determination of an employee’s order of employment pursuant to this section shall be made within 30 days of the date service was first rendered by the employee.
(Amended by Stats. 1995, Ch. 758, Sec. 140. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87415.

87415. The following general provisions shall apply regardless of date of employment:
The order once determined by lot shall be permanent, and shall be entered on the permanent records of the district.
Records showing date of employment, whether kept by the district or by the county, shall be accessible, on demand, to any academic employee of the district or to his or her designated representative.
In the absence of records as to any of the matters referred to in the two preceding sections, the board, in accordance with evidence presented, shall determine the order of employment after giving employees a reasonable opportunity to present such evidence.
The governing board of every community college district shall establish the order of employment of all contract or regular employees of the district in the manner prescribed by Sections 87400 to 87424, inclusive, and shall keep a roster of same as a public record.
Whether or not a roster is kept in other districts, the order of employment in all districts, when required, shall be determined as prescribed by Sections 87400 to 87424, inclusive.
The board shall have power and it shall be its duty to correct any errors discovered from time to time in its records showing the order of employment.
(Amended by Stats. 1990, Ch. 1302, Sec. 45. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87416.

87416. When any college or part thereof shall have been transferred from one community college district to another, employment for any employees who transfer with the college or part thereof shall date from the time those employees first accepted employment (if before July 1, 1947) or rendered paid service (if after June 30, 1947) as contract employees in the district from which the college or part thereof and the employees were transferred.
(Amended by Stats. 1990, Ch. 1302, Sec. 46. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87417.

87417. When any academic employee shall have resigned or been dismissed for cause and shall thereafter have been reemployed by the board, his or her date of employment shall be deemed to be the date on which he or she first accepted reemployment (if reemployed before July 1, 1947) or rendered paid service (if reemployed after June 30, 1947) after his or her reemployment.
When an employee’s services are terminated for lack of enrollment or discontinuance of service or are otherwise interrupted in a manner declared by law not to constitute a break in service, his or her original order of employment shall stand.
(Amended by Stats. 1990, Ch. 1302, Sec. 47. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87418.

87418. Nothing in Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1 and this part, shall be construed in a manner to deprive any person of his or her rights and remedies in a court of competent jurisdiction on a question of law and fact.
(Amended by Stats. 1995, Ch. 758, Sec. 141. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87419.

87419. Nothing in Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, of Division 1 of Title 1 and this part, shall be construed to repeal or negate any provisions concerning employees of community college districts contained in the charter of any city, county, or city and county, adopted and approved in conformity with Article XI of the California Constitution.
(Amended by Stats. 1995, Ch. 758, Sec. 142. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87419.1.

87419.1. Notwithstanding Section 87419, and notwithstanding provisions of the charter of any city or city and county to the contrary, on and after July 1, 1978, the academic employees of any community college district governed by the charter who serve as the head of a department of the district or in an administrative or supervisory position shall neither acquire nor retain permanent status in that position unless the employee is or becomes eligible for permanent status in accordance with provisions of this code.
(Amended by Stats. 1990, Ch. 1302, Sec. 48. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87420.

87420. All employments made under Sections 87405 to 87451, inclusive, Sections 87454 to 87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive, or Sections 87600 to 87626, inclusive, shall be subordinate to the right of the Legislature to amend or repeal Sections 87405 to 87451, inclusive, Sections 87454 to 87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive, Sections 87600 to 87626 inclusive, or any provision or provisions thereof at any time, and nothing herein contained shall be construed to confer upon any person employed pursuant to the provisions hereof a contract that will be impaired by the amendment or repeal of Sections 87405 to 87451, inclusive, Sections 87454 to 87462, inclusive, Section 87464, Sections 87468 to 87480, inclusive, and Sections 87600 to 87626, inclusive, or of any provision or provisions thereof.
(Amended by Stats. 1995, Ch. 758, Sec. 143. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87421.

87421. Nothing in this code shall be construed as prohibiting the employment of persons in academic positions for less than a full school year in temporary schools or classes.
(Amended by Stats. 1990, Ch. 1302, Sec. 50. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87422.

87422. Any agreement between the governing board of a community college district and authorities of any foreign country, or of any state, territory, or possession of the United States, or of any other district within the state, for the temporary exchange of academic employees, shall be for a period not to exceed three years. No exchange shall be made without the consent of the academic employees to be exchanged.
No person may serve as an exchange employee of a community college district in the state unless he or she or is qualified for service under Section 87355, 87356, or 87359.
(Amended by Stats. 1990, Ch. 1302, Sec. 51. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87423.

87423. Acceptance of any exchange position by an employee of a community college district in the state shall not affect his or her right to the permanent classification to which he or she is entitled, at the time of the acceptance, or any of his or her rights under the state teachers’ retirement salary provisions of this code, or under any local or district retirement plan, or system. The time served in the exchange position shall be counted as time served in the service of the district in which the employee is employed immediately prior to acceptance of the exchange position in determining his or her status under Section 72400, Part 13 (commencing with Section 22000), Article 5 (commencing with Section 32340) of Chapter 3 of Part 19, this part, under the provisions of this code relating to state retirement salary, and under any local or district retirement plan.
(Amended by Stats. 1995, Ch. 758, Sec. 144. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87424.

87424. If the employee from the district within the state who serves as an exchange instructor without the state and the governing board regularly employing him or her so agree, the district may pay his or her regular salary, making all deductions provided by law for retirement purposes, during the period of the exchange teaching. In such case, the district shall not pay the salary of the exchange employee from without the state, serving the district in exchange for its regular instructor.
In the event an employee from a district within this state serving as an exchange instructor without the state and to whom the governing board of such district is paying the regular salary of such instructor as herein provided, is compelled to absent himself or herself from his or her duties because of injury, illness, or quarantine, the governing board of the district within this state may pay the substitute employed to take the place of such instructor and shall deduct the amount so paid the substitute from the compensation of the employee.
(Amended by Stats. 1981, Ch. 470, Sec. 352.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87428.

87428. No community college district may adopt or maintain any rule or regulation which requires a candidate for an academic position to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant any preferential treatment to candidates or employees because they are residents of the district.
(Amended by Stats. 1990, Ch. 1302, Sec. 52. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87436.

87436. Any librarian when employed full time as librarian or serving full time, partly as librarian and partly as an instructor, shall rank as an instructor.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87448.

87448. (a) No physician, psychiatrist, oculist, dentist, dental hygienist, optometrist, otologist, podiatrist, audiologist, or nurse not employed in that capacity by the State Department of Public Health, shall be, nor shall any other person be, employed or permitted to supervise the health and physical development of students unless he or she holds a services credential with a specialization in health or a valid credential issued prior to November 27, 1970, or unless he or she meets applicable minimum qualifications established by the board of governors.
(b) Any psychologist employed pursuant to this section shall hold a school psychologist credential, a general pupil personnel services credential authorizing service as a school psychologist, a standard designated services credential with a specialization in pupil personnel services authorizing service as a psychologist, a services credential issued by the board of governors or the Commission for Teacher Preparation and Licensing, or meet applicable minimum qualifications established by the board of governors.
(c)  No authorization for service as a school nurse shall authorize teaching services unless the individual is qualified for faculty service pursuant to minimum qualifications established by the board of governors.
(d) A physician employed by a district to perform medical services on a halftime or greater than halftime basis shall hold a valid certificate to practice medicine and surgery issued by the State Board of Medical Examiners or the Board of Osteopathic Examiners. The qualifications for a physician employed for less than halftime shall be a valid certificate to practice medicine and surgery issued by the State Board of Medical Examiners.
(Amended by Stats. 1995, Ch. 758, Sec. 145. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87449.

87449. When an instructor of classes for adults serves sufficient probationary time to be eligible for election to permanent classification in that district, his or her tenure shall be for service which is equivalent to the average number of hours per week which he or she has served during his or her probationary years. In no case shall such an employee be classified as permanent for more than one full-time assignment. The service for which such a person has acquired tenure may be reduced in conformity with Sections 87743 and 87744.
(Amended by Stats. 1990, Ch. 1302, Sec. 63. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87451.

87451. Nothing in Section 87468 shall be construed to give regular classification to a person in the adult school who is already classified as a regular employee in the day school. In case an instructor obtains permanent classification in the evening school and later is eligible for the same classification in the day school by reason of having served the contract period therein, he or she shall be given a choice as to which classification he or she shall take.
Notwithstanding any other provision to the contrary, service in the evening school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee in the day school, except service in the evening school rendered by a person rendering services in the day school who is directed or specifically requested by the community college district to render services in the evening school either in addition to, or instead of, rendering service in the day school. Service in the day school shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee in the evening school, except service in the day school rendered by a person rendering services in the evening school who is directed or specifically requested by the community college district to render service in the day school either in addition to, or instead of, rendering service in the evening school.
(Amended by Stats. 1995, Ch. 758, Sec. 146. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87453.

87453. No regular employee of a community college district shall be dismissed without his or her consent or deprived of his or her classification as a regular employee of the district when the district does not have sufficient funds to pay his salary.
(Amended by Stats. 1995, Ch. 758, Sec. 147. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87454.

87454. A tenured employee, when assigned from a faculty position to an educational administrative position, or assigned any special or other type of work, or given special classification or designation, shall retain his or her status as a tenured faculty member.
(Amended (as amended by Stats. 1988, Ch. 973) by Stats. 1990, Ch. 1302, Sec. 64. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87457.

87457. Whenever a person employed in an administrative position is assigned to a faculty position, the governing board of the community college district shall give the employee, when requested by him or her, a written statement of the reasons for the transfer.
(Amended by Stats. 1988, Ch. 973, Sec. 32. Operative July 1, 1990, pursuant to Sec. 70(d) of Ch. 973.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87458.

87458. A person employed in an administrative position that is not part of the classified service, who has not previously acquired tenured status as a faculty member in the same district and who is not under contract in a program or project to perform services conducted under contract with public or private agencies, or in other categorically funded projects of indeterminate duration, shall have the right to become a first-year probationary faculty member once his or her administrative assignment expires or is terminated if all of the following apply:
(a) The process by which the governing board reaches the determination shall be developed and agreed upon jointly by representatives of the governing board and the academic senate, and approved by the governing board. The agreed upon process shall include reasonable procedures to ensure that the governing board relies primarily upon the advice and judgment of the academic senate to determine that the administrator possesses the minimum qualifications for employment as a faculty member. The process shall further require that the governing board provide the academic senate with an opportunity to present its views to the governing board before the board makes a determination and that the written record of the decision, including the views of the academic senate, shall be available for review pursuant to Section 87358.
(b) Until a joint agreement is reached pursuant to subdivision (a), the district process in existence on January 1, 1989, shall remain in effect.
(c) The administrator has completed at least two years of satisfactory service, including any time previously served as a faculty member, in the district.
(d) The termination of the administrative assignment is for any reason other than dismissal for cause.
(e) This section shall apply to every educational administrator whose first day of paid service in the district as a faculty member or an administrator is on or after July 1, 1990.
(Amended by Stats. 2001, Ch. 144, Sec. 1. Effective January 1, 2002.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87458.1.

87458.1. (a) A person employed in an administrative or supervisory position requiring certification qualifications upon completing a probationary period, including any time served as a classroom instructor, in the same district, shall be classified as and become a regular employee as a classroom instructor.
(b) This section shall only apply to persons whose first day of paid service in the district without a break in service precedes July 1, 1990.
(Added by Stats. 1990, Ch. 1302, Sec. 66. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87459.

87459. Notwithstanding the provisions of Section 87458 to the contrary, the governing board of any community college district shall, with respect to each person who is employed in an administrative or supervisory position requiring certification qualifications under a contract of employment providing a four-year term of employment and who either has not been previously employed by the district in such position or has been employed in such position but not under such a four-year contract, determine prior to May 15 of the third year under such four-year contract of employment whether to grant or deny the person regular classification as a classroom instructor. If the board grants the classification, the person shall be classified as and become a regular employee as a classroom instructor. This section shall only apply to persons whose first day of paid service in the district without a break in service precedes July 1, 1990.
(Amended by Stats. 1990, Ch. 1302, Sec. 67. Effective September 25, 1990.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87460.

87460. A person employed in an administrative or supervisory position by more than one district shall be given regular classification in whichever district he or she may select for the regular classification. Other regular classification shall be given to such an employee in a district situated wholly or partly within a city or city and county where the charter of the city or city and county provides for other classification. This section shall apply only to persons whose first day of paid service in the district without a break in service precedes July 1, 1990.
(Amended by Stats. 1995, Ch. 758, Sec. 148. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 51 - EMPLOYEES › CHAPTER 3 - Employment › ARTICLE 1 - General Provisions › Section 87462.

87462. A permanent employee of a high school district who was classified as such while serving in a community college maintained by the high school district shall, if the high school district is included in a community college district, be classified as a regular employee of the community college district if employed by the community college district in a faculty position.
(Amended by Stats. 1990, Ch. 1302, Sec. 70. Effective September 25, 1990.)