SECTIONS 87700-87715 - California Statutes

EDUCATION CODE

SECTION 87700-87715

87700. Every person employed by a community college district as a
contract or regular employee in an academic position who enters the
active military service of the United States of America or of the
State of California, including active service in any uniformed
auxiliary of, or to, any branch of such military service, created or
authorized as such auxiliary by the Congress of the United States of
America or by the Legislature of the State of California, or in the
service of the United States Merchant Marine, or in full-time paid
service of the American Red Cross, during any period of national
emergency declared by the President of the United States of America
or during any war in which the United States of America is engaged,
shall be entitled to absent himself or herself from his or her duties
as an employee of the district.
Such absence shall not affect in any way the classification of the
employee. In the case of a contract employee, the period of the
absence shall not count as part of the service required as a
condition precedent to the classification of the employee as a
regular employee of the district, but such absence shall not be
construed as a break in the continuity of the service of the employee
for any purpose.
The dismissal or termination of any contract employee because of
reduced attendance due to war conditions, after his or her entry into
the active military service or service in the American Red Cross,
shall not deprive him or her of any of the benefits of this section.
Within six months after the employee honorably leaves the service
or has been placed on inactive duty he or she shall, subject to the
provisions of this section, be entitled to return to the position
held by him or her at the time of his or her entrance into the
service, at the salary to which he or she would have been entitled
had he or she not absented himself or herself from the service of the
district under this section.
If the employee was employed under a lawful contract for a period
in excess of one year in a position in which he or she had not become
a regular employee of the district, he or she shall be entitled to
return to the position for the period his or her contract of
employment had to run at the time he or she entered the service.
Notwithstanding any provision of this code to the contrary, a person
employed to take the place of any such employee shall not have any
right to the position following the return of the employee to the
position.

87701. Every person employed by a community college district as a
permanent employee in an academic position who is elected to the
Legislature shall be granted a leave of absence from his or her
duties as an employee of the district by the governing board of the
district.
During the term of the leave of absence, the employee may be
employed by the district to perform less than full-time service, for
compensation and upon terms and conditions, as may be mutually agreed
upon.
This absence shall not affect in any way the classification of the
employee.
Within six months after the term of office of the employee
expires, he or she is entitled to return to the position held by him
or her at the time of his or her election, at the salary to which he
or she would have been entitled had he or she not absented himself or
herself from the service of the district under this section.
Notwithstanding any provision of this code to the contrary, a
person employed to take the place of any such employee shall not have
any right to the position following the return of the employee to
the position.
This section shall apply to any permanent employee who held the
office of Member of the Assembly or State Senator on or after January
4, 1965.

87706. Notwithstanding any other provision of this code, no
community college district, or any officer or employee of such
district or board shall be responsible or in any way liable for the
conduct or safety of any student of the public schools at any time
when such student is not in school property, unless such district has
undertaken to provide transportation for such student to and from
the school premises, has undertaken a school-sponsored activity off
the premises of such school, has otherwise specifically assumed such
responsibility or liability or has failed to exercise reasonable care
under the circumstances.
In the event of such a specific undertaking, the district shall be
liable or responsible for the conduct or safety of any student only
while such student is or should be under the immediate and direct
supervision of an employee of such district or board.

87708. (a) Every parent, guardian, or other person who assaults or
abuses any academic employee in the presence or hearing of a
community college student is guilty of a misdemeanor.
(b) Any parent, guardian, or other person who assaults or abuses
any academic employee in the presence of other community college
personnel or students and at a place which is on community college
premises or public sidewalks, streets, or other public ways adjacent
to school premises, or at some other place where the employee is
required to be in connection with assigned college activities is
guilty of a misdemeanor.

87714. The chief executive officer of each community college
district shall, at times as required by the board of governors,
provide an affidavit that, during the 12 months preceding the
execution of the affidavit, all academic employees of the district
possessed the required minimum qualifications for the work they
performed.

87715. A full-time contract or regular classroom instructor
currently employed by a community college district that decides to
maintain classes on Saturday or Sunday, or both, shall not, without
his or her written consent, be required to instruct under that
program for more than 180 full days during a college year, or for
more than the number of full days the colleges of the district were
maintained during the year preceding implementation of weekend
classes, whichever is greater. This section shall not be construed as
limiting the power of any governing board of a community college
district to govern the colleges of the district, including the
assignment of instructors employed by the district. No such classroom
instructor shall be assigned to perform services on a Saturday or
Sunday if the instructor objects in writing that the assignment would
conflict with his or her religious beliefs or practices.