SECTIONS 87743-87746 - California Statutes

EDUCATION CODE

SECTION 87743-87746

87743. 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.

87743.1. 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.

87743.2. 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.

87743.3. 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.

87743.4. 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.

87743.5. 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.

87744. 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.

87745. 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.

87746. 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.