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The Disability Interactive Process for Community College Districts

INTENDED AUDIENCE: Public Education
CATEGORY: Employee Disability Injury & Protected Leave, Public Education

This workbook addresses the full range of issues and obligations faced by employers when dealing with disabled employees. Additionally, the workbook provides materials for undertaking effective interactive process meetings.

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?

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