Transcript The Education Code and Title 5

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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
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Questions
Pam Deegan
What is the Education
Code and What is Title 5?
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
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California’s Body of Laws
Business and Professions Code
Health and Safety Code
Civil Code
Insurance Code
Code of Civil Procedure
Labor Code
Commercial Code
Military and Veterans Code
Corporations Code
Penal Code
Education Code !!!
Probate Code
Elections Code
Public Contract Code
Evidence Code
Public Resources Code
Family Code
Public Utilities Code
Financial Code
Revenue and Taxation Code
Fish and Game Code
Streets and Highways Code
Food and Agricultural Code
Unemployment Insurance Code
Government Code
Vehicle Code
Harbors and Navigation Code
Water Code
Welfare and Institutions Code
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The Education Code (Ed Code) contains laws for
higher education (post secondary education) and
K – 12
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Ed Code Taxonomy
Education Code
http://leginfo.legislature.ca.gov/faces/codes.xhtml
Title 3 - Post Secondary Education
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o Division 7 - California Community Colleges
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
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Need to begin with California Code of Regulations
California Code of
Regulations
There are 28 (27) Titles ranging from
food to agriculture to public works
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TITLE 1. General Provisions
TITLE 15. Crime Prevention And
Corrections
TITLE 2. Administration
TITLE 16. Professional And Vocational
Regulations
TITLE 3. Food And Agriculture
TITLE 17. Public Health
TITLE 4. Business Regulations
TITLE 18. Public Revenues
TITLE 5. Education!!
TITLE 19. Public Safety
TITLE 6 –Oops, no Title 6
TITLE 20. Public Utilities And Energy
TITLE 7. Harbors And Navigation
TITLE 21. Public Works
TITLE 8. Industrial Relations
TITLE 22. Social Security
TITLE 9. Rehabilitative And
Developmental Services
TITLE 23. Waters
TITLE 10. Investment
TITLE 24. Building Standards Code
TITLE 11. Law
TITLE 25. Housing And Community
Development
TITLE 12. Military And Veterans Affairs
TITLE 26. Toxics
TITLE 13. Motor Vehicles
TITLE 27. Environmental Protection
TITLE 14. Natural Resources
TITLE 28. Managed Health Care
Title 5 Taxonomy
Title 5
http://govt.westlaw.com/calregs/index
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Division 6 - California Community College
Regulations
Who Oversees Title 5??
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How is Title 5 Adopted?
OAL
DOF
OAL = Office of Administrative Law
DOF = Department of Finance
What Happens when Ed Code
and Title 5 are in Conflict??
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How to Find Ed Code and
Title 5 Online
http://leginfo.legislature.ca.gov/faces/codes.xhtml
http://govt.westlaw.com/calregs/index
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Eileen O’Hare-Anderson
Ed Code and Title 5
Sections You Should be
Familiar with
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
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
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
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
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
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
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
Other Top Hits
87031 – Personnel Files
87663 – Faculty Evaluation
84362 – “50% Law”
87482.6 – Full-Time Obligation (FTO) or Full-time
Obligation Number (FON)
Dona Boatright
Minimum Conditions
Minimum Conditions
Standards of Scholarship (Title 5, § 51002)
Degrees and Certificates (Title 5, § 51004)
Open Courses (Title 5, § 51006)
Comprehensive Plan (Title 5, § 51008)
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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)
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Emergency Exception to Accreditation Requirement
(Title 5, § 51016.5)
Minimum Conditions
Counseling Programs (Title 5, § 51018)
Objectives (Title 5, § 51020)
Curriculum (Title 5, § 51002) (Title 5, § 51021)
Instructional Programs (Title 5, § 51022)
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Minimum Conditions
Faculty (Title 5, § 51023)
Staff (Title 5, § 51023.5)
Students (Title 5, § 51023.7)
Student Success and Support Program (Title 5, §
51024)
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Minimum Conditions
Full-Time/Part-Time Faculty (Title 5, § 51025)
Student Equity (Title 5, § 51026)
Transfer Centers: Minimum Program Standards
(Title 5, § 51027)
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Questions ???