As the Court of Appeals in Haase v. San Diego Community College District (1980) aptly observed:

"Entry into the Education Code is painful."

The complex web of laws that is the Education Code can be daunting to decipher. The provisions relating to the employment of part-time, temporary faculty to meet a community college district's ongoing instructional and non-instructional needs, and employment and classification of non-academic community college district employees specifically exempt from the classified service, are no exception.  This workbook focuses on simplifying and de-mystifying the provisions regarding hiring adjunct faculty and provides guidance to community college districts regarding when and why districts can hire temporary non-academic employees.

The workbook addresses important questions pertaining to the employment of adjunct faculty members such as:

• How often can they be employed?
• Under what circumstances do they acquire tenure?
• How is their tenure calculated?
• How many hours a week can they work?
• How can they be utilized flexibly but without exploitation?
• Should they be required to maintain office hours?
• Can they accrue vacation?
• Can they be employed in different disciplines?
• Can they be employed in categorically funded programs?

Likewise, the workbook addresses important questions pertaining to the employment of non-academic community college district employees and those relating to positions specifically exempt from classification such as:

• Why go outside the classified service?
• When can you go outside the classified service?
• When can a community college district employ personal service contracts?
• Under what circumstances can an exempt employee become a classified employee?

Topics Include:

• General Principles
  • Limitations on the Number of Temporary Faculty Members
  • Classification of Temporary Faculty Members
• Historical Background
• Case Law Since Peralta
• Basic Rules
• When Temporary Hours May Advance an Employee Toward Tenure
• Other Relevant Education Code Statutes
• Impact of Collective Bargaining Agreements   
  • Provisions in Collective Bargaining Agreements Are Not Preempted by the Education Code
  • Obligation to Bargain Reemployment Preferences for Part-Time, Temporary Faculty
• Impact of ACA on Temporary Faculty Members
  • Who is a Full-Time Employee?
  • How Should Districts Calculate “Hours of Service” for Temporary Faculty Members?
• What is the Classified Service?
  • Non-Academic Employees
  • Definition of “Classification”
  • Rights and Responsibilities of Classified Employees
• Why Go Outside the Classified Service?
• When Can You Go Outside the Classified Service?
  • Merit vs. Non-Merit Distinction
  • Temporary Employment Positions Specifically Excluded from Classified Service
  • Employee in Regular Status Who Reduces Time
  • Must All Work That is Neither Academic nor Exempt Be Performed by Classified Employees?
  • A Note on Employees in Categorically Funded Programs
• Personal Services Contracts
  • To Achieve Cost Savings When All of the Following Conditions Are Met:
  • Contract Mandated by the Legislature
  • Services Not Available Within the District
  • Services Incidental to a Contract for Purchase or Lease of Real Property
  • Contracts Necessary to Accomplish Community College District Goals and Purposes
  • Emergency Appointments
  • Equipment or Materials Not Available from District
  • Services are of Urgent, Temporary, or Occasional Nature
• Under What Circumstances Can a Temporary (Exempt) Employee Become a Classified Employee?