State Codes and Statutes

Statutes > California > Edc > 87355-87359.5

EDUCATION CODE
SECTION 87355-87359.5



87355.  Notwithstanding Section 87356, every person authorized to
serve as a community college instructor, librarian, counselor,
student personnel worker, supervisor, administrator, or chief
administrative officer under a credential shall retain the right to
serve under the terms of that credential, and, for that purpose,
shall be deemed to possess the minimum qualifications specified for
every discipline or service covered by the credential until the
expiration of that credential. The board of governors shall adopt
regulations as necessary to implement this requirement.



87356.  (a) The board of governors shall adopt regulations to
establish and maintain the minimum qualifications for service as a
faculty member teaching credit instruction, a faculty member teaching
noncredit instruction, a librarian, a counselor, an educational
administrator, an extended opportunity programs and services worker,
a disabled students programs and services worker, an apprenticeship
instructor, and a supervisor of health.
   (b) The Legislature finds and declares that this section does not
create a state-mandated local program because compensation of faculty
will continue to be determined through the collective bargaining
process or meet and confer sessions.



87357.  (a) In establishing and maintaining minimum qualifications
pursuant to Section 87356, the board of governors shall do all of the
following:
   (1) With regard to minimum qualifications for faculty, the board
of governors shall consult with, and rely primarily on the advice and
judgment of, the statewide Academic Senate. With regard to minimum
qualifications for educational administrators, the board of governors
shall consult with, and rely primarily on the advice and judgment
of, an appropriate statewide organization of administrators. With
regard to minimum qualifications for apprenticeship instructors, the
board of governors shall consult with, and rely primarily on the
advice and judgment of, appropriate apprenticeship teaching faculty
and labor organization representatives. In each case, the board of
governors shall provide a reasonable opportunity for comment by other
statewide representative groups.
   (2) The board of governors shall establish a process to review at
least every three years the continued appropriateness of the minimum
qualifications, and the adequacy of the means by which they are
administered. The process shall provide for the appointment of a
representative group of community college faculty, administrators,
students, and trustees to conduct or otherwise assist in the review,
including particularly, representatives of academic senates,
collective bargaining organizations, and statewide faculty
associations. In addition, the group shall be broadly representative
of academic and vocational programs in the curriculum from both urban
and rural districts, and representative of ethnic minority
communities.
   (b) The board of governors, relying primarily upon the advice and
judgment of the statewide Academic Senate, shall prescribe by
regulation a working definition of the term "discipline" and shall
prepare and maintain a list of disciplines that are "reasonably
related" to one another, as that phrase is used in the minimum
qualifications. The initial list shall be distributed to the
community college districts by July 1, 1989, for their use in
applying the minimum qualifications for hire.
   In formulating advice and recommendations to the board of
governors regarding the definition of the term "discipline," the
statewide Academic Senate shall consult with appropriate statewide
organizations representing administrators and faculty collective
bargaining agents. The statewide Academic Senate shall incorporate
the advice of those groups into its recommendations to the board of
governors, particularly as it relates to the practical ramifications
of any proposed definition of the term "discipline" on issues of
reassignment, transfer, and reduction in force.
   The board of governors, relying primarily upon the advice and
judgment of the statewide Academic Senate, shall prepare and maintain
a list of disciplines in which the master's degree is not generally
expected or available. The initial list shall be distributed to the
community college districts by July 1, 1989, for their use in
applying the minimum qualifications for service.



87358.  The board of governors shall periodically designate a team
of community college faculty, administrators, and trustees to review
each community college district's application of minimum
qualifications to faculty and administrators.


87359.  The board of governors shall adopt regulations setting forth
a process authorizing local governing boards to employ faculty
members and educational administrators who do not meet the applicable
minimum qualifications specified in the regulations adopted by the
board of governors pursuant to Section 87356. Unless and until
amended pursuant to the process described in Section 87357, the
regulations shall require all of the following:
   (a) No one may be hired to serve as a community college faculty
member or educational administrator under the authority granted by
the regulations unless the governing board determines that he or she
possesses qualifications that are at least equivalent to the minimum
qualifications specified in regulations of the board of governors
adopted pursuant to Section 87356. The criteria used by the governing
board in making the determination shall be reflected in the
governing board's action employing the individual.
   (b) The process, as well as criteria and standards by which the
governing board reaches its determinations regarding faculty members,
shall be developed and agreed upon jointly by representatives of the
governing board and the academic senate, and approved by the
governing board. The agreed upon process shall include reasonable
procedures to ensure that the governing board relies primarily upon
the advice and judgment of the academic senate to determine that each
individual faculty member employed under the authority granted by
the regulations possesses qualifications that are at least equivalent
to the applicable minimum qualifications specified in regulations
adopted by the board of governors. The process shall further require
that the governing board provide the academic senate with an
opportunity to present its views to the governing board before the
board makes a determination, and that the written record of the
decision, including the views of the academic senate, shall be
available for review pursuant to Section 87358.
   (c) Until a joint agreement is reached and approved pursuant to
subdivision (b), the district process in existence on January 1,
1989, shall remain in effect.



87359.5.  By May 1, 1989, the board of governors shall have reviewed
or contracted for review of, the job relevance of the requirements
of Sections 87408, 87408.5, 87408.6, and any other physical fitness
tests or examinations, and other conditions of employment, applicable
to community college personnel.

State Codes and Statutes

Statutes > California > Edc > 87355-87359.5

EDUCATION CODE
SECTION 87355-87359.5



87355.  Notwithstanding Section 87356, every person authorized to
serve as a community college instructor, librarian, counselor,
student personnel worker, supervisor, administrator, or chief
administrative officer under a credential shall retain the right to
serve under the terms of that credential, and, for that purpose,
shall be deemed to possess the minimum qualifications specified for
every discipline or service covered by the credential until the
expiration of that credential. The board of governors shall adopt
regulations as necessary to implement this requirement.



87356.  (a) The board of governors shall adopt regulations to
establish and maintain the minimum qualifications for service as a
faculty member teaching credit instruction, a faculty member teaching
noncredit instruction, a librarian, a counselor, an educational
administrator, an extended opportunity programs and services worker,
a disabled students programs and services worker, an apprenticeship
instructor, and a supervisor of health.
   (b) The Legislature finds and declares that this section does not
create a state-mandated local program because compensation of faculty
will continue to be determined through the collective bargaining
process or meet and confer sessions.



87357.  (a) In establishing and maintaining minimum qualifications
pursuant to Section 87356, the board of governors shall do all of the
following:
   (1) With regard to minimum qualifications for faculty, the board
of governors shall consult with, and rely primarily on the advice and
judgment of, the statewide Academic Senate. With regard to minimum
qualifications for educational administrators, the board of governors
shall consult with, and rely primarily on the advice and judgment
of, an appropriate statewide organization of administrators. With
regard to minimum qualifications for apprenticeship instructors, the
board of governors shall consult with, and rely primarily on the
advice and judgment of, appropriate apprenticeship teaching faculty
and labor organization representatives. In each case, the board of
governors shall provide a reasonable opportunity for comment by other
statewide representative groups.
   (2) The board of governors shall establish a process to review at
least every three years the continued appropriateness of the minimum
qualifications, and the adequacy of the means by which they are
administered. The process shall provide for the appointment of a
representative group of community college faculty, administrators,
students, and trustees to conduct or otherwise assist in the review,
including particularly, representatives of academic senates,
collective bargaining organizations, and statewide faculty
associations. In addition, the group shall be broadly representative
of academic and vocational programs in the curriculum from both urban
and rural districts, and representative of ethnic minority
communities.
   (b) The board of governors, relying primarily upon the advice and
judgment of the statewide Academic Senate, shall prescribe by
regulation a working definition of the term "discipline" and shall
prepare and maintain a list of disciplines that are "reasonably
related" to one another, as that phrase is used in the minimum
qualifications. The initial list shall be distributed to the
community college districts by July 1, 1989, for their use in
applying the minimum qualifications for hire.
   In formulating advice and recommendations to the board of
governors regarding the definition of the term "discipline," the
statewide Academic Senate shall consult with appropriate statewide
organizations representing administrators and faculty collective
bargaining agents. The statewide Academic Senate shall incorporate
the advice of those groups into its recommendations to the board of
governors, particularly as it relates to the practical ramifications
of any proposed definition of the term "discipline" on issues of
reassignment, transfer, and reduction in force.
   The board of governors, relying primarily upon the advice and
judgment of the statewide Academic Senate, shall prepare and maintain
a list of disciplines in which the master's degree is not generally
expected or available. The initial list shall be distributed to the
community college districts by July 1, 1989, for their use in
applying the minimum qualifications for service.



87358.  The board of governors shall periodically designate a team
of community college faculty, administrators, and trustees to review
each community college district's application of minimum
qualifications to faculty and administrators.


87359.  The board of governors shall adopt regulations setting forth
a process authorizing local governing boards to employ faculty
members and educational administrators who do not meet the applicable
minimum qualifications specified in the regulations adopted by the
board of governors pursuant to Section 87356. Unless and until
amended pursuant to the process described in Section 87357, the
regulations shall require all of the following:
   (a) No one may be hired to serve as a community college faculty
member or educational administrator under the authority granted by
the regulations unless the governing board determines that he or she
possesses qualifications that are at least equivalent to the minimum
qualifications specified in regulations of the board of governors
adopted pursuant to Section 87356. The criteria used by the governing
board in making the determination shall be reflected in the
governing board's action employing the individual.
   (b) The process, as well as criteria and standards by which the
governing board reaches its determinations regarding faculty members,
shall be developed and agreed upon jointly by representatives of the
governing board and the academic senate, and approved by the
governing board. The agreed upon process shall include reasonable
procedures to ensure that the governing board relies primarily upon
the advice and judgment of the academic senate to determine that each
individual faculty member employed under the authority granted by
the regulations possesses qualifications that are at least equivalent
to the applicable minimum qualifications specified in regulations
adopted by the board of governors. The process shall further require
that the governing board provide the academic senate with an
opportunity to present its views to the governing board before the
board makes a determination, and that the written record of the
decision, including the views of the academic senate, shall be
available for review pursuant to Section 87358.
   (c) Until a joint agreement is reached and approved pursuant to
subdivision (b), the district process in existence on January 1,
1989, shall remain in effect.



87359.5.  By May 1, 1989, the board of governors shall have reviewed
or contracted for review of, the job relevance of the requirements
of Sections 87408, 87408.5, 87408.6, and any other physical fitness
tests or examinations, and other conditions of employment, applicable
to community college personnel.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 87355-87359.5

EDUCATION CODE
SECTION 87355-87359.5



87355.  Notwithstanding Section 87356, every person authorized to
serve as a community college instructor, librarian, counselor,
student personnel worker, supervisor, administrator, or chief
administrative officer under a credential shall retain the right to
serve under the terms of that credential, and, for that purpose,
shall be deemed to possess the minimum qualifications specified for
every discipline or service covered by the credential until the
expiration of that credential. The board of governors shall adopt
regulations as necessary to implement this requirement.



87356.  (a) The board of governors shall adopt regulations to
establish and maintain the minimum qualifications for service as a
faculty member teaching credit instruction, a faculty member teaching
noncredit instruction, a librarian, a counselor, an educational
administrator, an extended opportunity programs and services worker,
a disabled students programs and services worker, an apprenticeship
instructor, and a supervisor of health.
   (b) The Legislature finds and declares that this section does not
create a state-mandated local program because compensation of faculty
will continue to be determined through the collective bargaining
process or meet and confer sessions.



87357.  (a) In establishing and maintaining minimum qualifications
pursuant to Section 87356, the board of governors shall do all of the
following:
   (1) With regard to minimum qualifications for faculty, the board
of governors shall consult with, and rely primarily on the advice and
judgment of, the statewide Academic Senate. With regard to minimum
qualifications for educational administrators, the board of governors
shall consult with, and rely primarily on the advice and judgment
of, an appropriate statewide organization of administrators. With
regard to minimum qualifications for apprenticeship instructors, the
board of governors shall consult with, and rely primarily on the
advice and judgment of, appropriate apprenticeship teaching faculty
and labor organization representatives. In each case, the board of
governors shall provide a reasonable opportunity for comment by other
statewide representative groups.
   (2) The board of governors shall establish a process to review at
least every three years the continued appropriateness of the minimum
qualifications, and the adequacy of the means by which they are
administered. The process shall provide for the appointment of a
representative group of community college faculty, administrators,
students, and trustees to conduct or otherwise assist in the review,
including particularly, representatives of academic senates,
collective bargaining organizations, and statewide faculty
associations. In addition, the group shall be broadly representative
of academic and vocational programs in the curriculum from both urban
and rural districts, and representative of ethnic minority
communities.
   (b) The board of governors, relying primarily upon the advice and
judgment of the statewide Academic Senate, shall prescribe by
regulation a working definition of the term "discipline" and shall
prepare and maintain a list of disciplines that are "reasonably
related" to one another, as that phrase is used in the minimum
qualifications. The initial list shall be distributed to the
community college districts by July 1, 1989, for their use in
applying the minimum qualifications for hire.
   In formulating advice and recommendations to the board of
governors regarding the definition of the term "discipline," the
statewide Academic Senate shall consult with appropriate statewide
organizations representing administrators and faculty collective
bargaining agents. The statewide Academic Senate shall incorporate
the advice of those groups into its recommendations to the board of
governors, particularly as it relates to the practical ramifications
of any proposed definition of the term "discipline" on issues of
reassignment, transfer, and reduction in force.
   The board of governors, relying primarily upon the advice and
judgment of the statewide Academic Senate, shall prepare and maintain
a list of disciplines in which the master's degree is not generally
expected or available. The initial list shall be distributed to the
community college districts by July 1, 1989, for their use in
applying the minimum qualifications for service.



87358.  The board of governors shall periodically designate a team
of community college faculty, administrators, and trustees to review
each community college district's application of minimum
qualifications to faculty and administrators.


87359.  The board of governors shall adopt regulations setting forth
a process authorizing local governing boards to employ faculty
members and educational administrators who do not meet the applicable
minimum qualifications specified in the regulations adopted by the
board of governors pursuant to Section 87356. Unless and until
amended pursuant to the process described in Section 87357, the
regulations shall require all of the following:
   (a) No one may be hired to serve as a community college faculty
member or educational administrator under the authority granted by
the regulations unless the governing board determines that he or she
possesses qualifications that are at least equivalent to the minimum
qualifications specified in regulations of the board of governors
adopted pursuant to Section 87356. The criteria used by the governing
board in making the determination shall be reflected in the
governing board's action employing the individual.
   (b) The process, as well as criteria and standards by which the
governing board reaches its determinations regarding faculty members,
shall be developed and agreed upon jointly by representatives of the
governing board and the academic senate, and approved by the
governing board. The agreed upon process shall include reasonable
procedures to ensure that the governing board relies primarily upon
the advice and judgment of the academic senate to determine that each
individual faculty member employed under the authority granted by
the regulations possesses qualifications that are at least equivalent
to the applicable minimum qualifications specified in regulations
adopted by the board of governors. The process shall further require
that the governing board provide the academic senate with an
opportunity to present its views to the governing board before the
board makes a determination, and that the written record of the
decision, including the views of the academic senate, shall be
available for review pursuant to Section 87358.
   (c) Until a joint agreement is reached and approved pursuant to
subdivision (b), the district process in existence on January 1,
1989, shall remain in effect.



87359.5.  By May 1, 1989, the board of governors shall have reviewed
or contracted for review of, the job relevance of the requirements
of Sections 87408, 87408.5, 87408.6, and any other physical fitness
tests or examinations, and other conditions of employment, applicable
to community college personnel.