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

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. Business and Professions CodeHealth and Safety Code Civil CodeInsurance Code Code of Civil ProcedureLabor Code Commercial CodeMilitary and Veterans Code Corporations CodePenal Code Education Code !!!Probate Code Elections CodePublic Contract Code Evidence CodePublic Resources Code Family CodePublic Utilities Code Financial CodeRevenue and Taxation Code Fish and Game CodeStreets and Highways Code Food and Agricultural CodeUnemployment Insurance Code Government CodeVehicle Code Harbors and Navigation CodeWater Code Welfare and Institutions Code California’s Body of Laws 4

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

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

8. 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 Let’s Look at Title 5 7

9. California Code of Regulations There are 28 (27) Titles ranging from food to agriculture to public works 2 7 2 7 8

10. TITLE 1. General ProvisionsTITLE 15. Crime Prevention And Corrections TITLE 2. AdministrationTITLE 16. Professional And Vocational Regulations TITLE 3. Food And AgricultureTITLE 17. Public Health TITLE 4. Business RegulationsTITLE 18. Public Revenues TITLE 5. Education!!TITLE 19. Public Safety TITLE 6 –Oops, no Title 6TITLE 20. Public Utilities And Energy TITLE 7. Harbors And NavigationTITLE 21. Public Works TITLE 8. Industrial RelationsTITLE 22. Social Security TITLE 9. Rehabilitative And Developmental Services TITLE 23. Waters TITLE 10. InvestmentTITLE 24. Building Standards Code TITLE 11. LawTITLE 25. Housing And Community Development TITLE 12. Military And Veterans AffairsTITLE 26. Toxics TITLE 13. Motor VehiclesTITLE 27. Environmental Protection TITLE 14. Natural ResourcesTITLE 28. Managed Health Care 9

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

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. Standards of ScholarshipStandards of Scholarship (Title 5, § 51002) Standards of Scholarship Degrees and CertificatesDegrees and Certificates (Title 5, § 51004) Degrees and Certificates Open CoursesOpen Courses (Title 5, § 51006) Open Courses Comprehensive PlanComprehensive Plan (Title 5, § 51008) Comprehensive Plan 18

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

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

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

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

31. Questions ???