BILL NUMBER: SB 838 CHAPTERED 08/06/01 CHAPTER 144 FILED WITH SECRETARY OF STATE AUGUST 6, 2001 APPROVED BY GOVERNOR AUGUST 6, 2001 PASSED THE SENATE JULY 20, 2001 PASSED THE ASSEMBLY JULY 18, 2001 AMENDED IN ASSEMBLY JULY 14, 2001 INTRODUCED BY Senator Scott FEBRUARY 23, 2001 An act to amend Sections 87458 and 87470 of the Education Code, relating to community colleges. LEGISLATIVE COUNSEL'S DIGEST SB 838, Scott. Community colleges: administrators. Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law authorizes the establishment of community college districts under the administration of community college governing boards, and authorizes these districts to provide instruction at community college campuses throughout the state. Existing law provides procedures for the filling of vacancies in the classified service of community college districts. Existing law entitles 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 to become a first-year probationary faculty member once his or her administrative assignment expires or is terminated, if certain conditions apply. Existing law authorizes the governing board of a community college district to employ faculty on contract with respect to prescribed projects. This bill would limit the right to employment as a first-year probationary faculty member to persons previously employed as administrators who were not employed pursuant to prescribed types of contracts. The bill would provide that community college district governing boards may employ academic employees, including educational administrators, on contract with respect to prescribed projects. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 87458 of the Education Code is amended to read: 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. SEC. 2. Section 87470 of the Education Code is amended to read: 87470. (a) (1) The governing board of a community college district may employ academic employees, including educational administrators, in programs and projects to perform services conducted under contract with public or private agencies, or other categorically funded projects of indeterminate duration under terms and conditions mutually agreed upon by the employee and the governing board. The agreement shall be reduced to writing. (2) Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a regular employee of a community college district unless both of the following occur: (A) The person has served as a faculty member pursuant to this section for at least 75 percent of the number of days in regular schools of the district by which he or she is employed are maintained. (B) The person is subsequently employed as a contract employee in a faculty position. (3) Persons may be employed for periods that are less than a full college year, and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of contract or regular employees. (b) This section shall not be construed to apply to any faculty member who has been employed in the regular educational programs of the district as a contract employee before being subsequently assigned to any one of these programs, nor shall it apply to those employees employed in programs operated pursuant to, or funded pursuant to, Article 8 (commencing with Section 69640) of Chapter 2 of Part 42, or Section 84850. (c) Notwithstanding any other provision of law, upon termination or expiration of employment under this section, a person employed as an educational administrator shall not be entitled to the rights set forth in Section 87458 unless those rights are provided pursuant to his or her contract of employment.