Navigating the Regulatory Waters – Title 5 and the Education Code

1. Navigating the Regulatory Waters –Title 5 and the Education Code Eileen O’Hare-Anderson, Dona Boatright, Pam Deegan 1

2. Topics Discussed • What is the Education Code and What is Title 5? – Pam Deegan • Ed Code and Title 5 Sections You Should Be Familiar With – Eileen O’Hare-Anderson • Minimum Conditions – Dona Boatright • Questions 2

3. Pam Deegan What is the Education Code and What is Title 5?

4. Education Code • Enacted by Legislation • Contain the State Law that Regulates California Schools and Colleges • 29 Codes are Included that Cover Everything Legal in California 3

5. California’s Body of Laws 4 Welfare and Institutions Code

6. The Education Code (Ed Code) contains laws for higher education (post secondary education) and K – 12 5

7. Ed Code Taxonomy • Education Codehttp://leginfo.legislature.ca.gov/faces/codes.xhtml • Title 3 - Post Secondary Education • Division 7 - California Community Colleges 6

8. Let’s Look at Title 5 • These regulations implement,interpret,or make specific the laws that are passed legislatively • With the CCC, a regulation is developed to clarify and define the expected actions required to be compliant with a given law • Need to begin with California Code of Regulations 7

9. California Code of Regulations • There are 28 (27) Titles ranging from food to agriculture to public works 27 8

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11. Title 5 Taxonomy • Title 5 • http://govt.westlaw.com/calregs/index • Division 6 - California Community College Regulations 10

12. Who Oversees Title 5?? 11

13. 12 How is Title 5 Adopted? OAL DOF DOF = Department of Finance OAL = Office of Administrative Law

14. What Happens when Ed Code and Title 5 are in Conflict?? 14

15. How to Find Ed Code and Title 5 Online • http://leginfo.legislature.ca.gov/faces/codes.xhtml • http://govt.westlaw.com/calregs/index 15

16. Eileen O’Hare-Anderson Ed Code and Title 5 Sections You Should be Familiar with

17. Probationary Faculty Members • Four Year Probationary Period • Four Years, Three Contracts • March 15 Notice • Appeal by Grievance • Years 1 and 2 – Limited to Process • Year 4 – Process and Reasonableness Ed Code §§ 87605, 87608, 87608.5, 87610, 87610.1

18. Temporary Faculty Members • Leave or Sabbatical Replacement • To fill a position when no regular employee available • Emergency appointments • Need for additional faculty during a particular semester, quarter or year • Due to specific need, higher enrollment or leave Ed Code § 87478, 87480, 87481, 87482

19. Temporary Faculty:The 67% Rule • Calculating 67% -- do not include • “Ancillary Activities” unless CBA requires • Day To Day Substitute, Summer Session, Intersession, or Not-for-Credit • May average load over a year • Only if the employee has a year-long contract • Can exceed 67% up to 2 times in 3 years Ed Code § 87482, 87482.5

20. Categorically Funded Projects • Financed through limited, finite funding source • Written contract • Does not count toward tenure unless: • At least 75% of the number of days; and subsequently employed as contract faculty • Categorical employee may be entitled to March 15 notice • If terminated for other than loss of funds Ed. Code § 87470

21. Tip: Temps Must Have Written Notice • Temporary nature of employment • Salary • Must be reduced to writing • If no written notice then presumed probationary Ed Code § 87477

22. Title 5: Recruiting • Must conduct open recruitment for all new openings • In house promotional only recruitment • Only for interim assignments • Less than two years • Open to all district employees

23. Title 5: Recruiting • “New Opening” is not created by: • Reorganization or lateral transfer • Does not result in increase in number of employees • Position is upgraded without significant change in duties 5 C.C.R. § 53021

24. Other Top Hits • 87031 – Personnel Files • 87663 – Faculty Evaluation • 84362 – “50% Law” • 87482.6 – Full-Time Obligation (FTO) or Full-time Obligation Number (FON)

25. Dona Boatright Minimum Conditions

26. Minimum Conditions • Standards of Scholarship(Title 5, § 51002) • Degrees and Certificates(Title 5, § 51004) • Open Courses(Title 5, § 51006) • Comprehensive Plan(Title 5, § 51008) 18

27. Minimum Conditions • Equal Employment Opportunity(Title 5, § 51010) • Student Fees(Title 5, § 510102) • Approval of New Colleges and Educational Centers(Title 5, § 51014) • Accreditation(Title 5, § 51016) • Emergency Exception to Accreditation Requirement(Title 5, § 51016.5) 18

28. Minimum Conditions • Counseling Programs(Title 5, § 51018) • Objectives(Title 5, § 51020) • Curriculum(Title 5, § 51002) (Title 5, § 51021) • Instructional Programs(Title 5, § 51022) 18

29. Minimum Conditions • Faculty(Title 5, § 51023) • Staff(Title 5, § 51023.5) • Students(Title 5, § 51023.7) • Student Success and Support Program(Title 5, § 51024) 18

30. Minimum Conditions • Full-Time/Part-Time Faculty(Title 5, § 51025) • Student Equity(Title 5, § 51026) • Transfer Centers: Minimum Program Standards(Title 5, § 51027) 18

31. Questions ???