Expanded Period for Employing Temporary Clinical Nursing Faculty Ends December 31, 2015 (CCD)
Education Code, section 87482 authorizes the hiring of temporary faculty as leave replacements or to address an increase in enrollment. (The section applies only in limited circumstances and has significant conditions, so it must be reviewed carefully prior to use.) For several years, subdivision (c) of section 87482 has provided districts with enhanced flexibility to employ temporary clinical nursing faculty for more semesters/quarters than other faculty employed under section 87482.
LEGAL UPDATE
May 22, 2015
To: Superintendents/Presidents/Chancellors, Member Community College Districts
From: Virginia A. Riegel, Of Counsel
Subject: Expanded Period for Employing Temporary Clinical Nursing Faculty Ends December 31, 2015
Memo No. 06-2015 (CC)
Education Code, section 87482 authorizes the hiring of temporary faculty as leave replacements or to address an increase in enrollment. (The section applies only in limited circumstances and has significant conditions, so it must be reviewed carefully prior to use.) For several years, subdivision (c) of section 87482 has provided districts with enhanced flexibility to employ temporary clinical nursing faculty for more semesters/quarters than other faculty employed under section 87482.
In particular, section 87482(c) permits a community college district to hire temporary clinical nursing faculty for up to 4 semesters (or 6 quarters) in any period of 3 consecutive academic years instead of the limitation of 2 semesters (or 3 quarters) in any period of 3 consecutive years that applies to other faculty employment under this section.
The increased option for temporary employment of clinical nursing faculty helped to support nursing programs and to increase districts’ ability to attract clinical nursing faculty.
Originally, the expanded period of temporary employment for clinical nursing faculty under section 87482(c) was limited to the period between July 1, 2007 and June 30, 2014, inclusive. The sunset date was then extended from June 30, 2014 to December 31, 2015. (Stats. 2014, c. 34.) We have not located any pending legislative proposal that would extend the enhanced ability to hire clinical nursing faculty beyond the current December 31, 2015 date.
Assuming no further extensions to the sunset date are enacted, after December 31, 2015, the maximum term of temporary employment for clinical nursing faculty under section 87482 will revert to the limitations that apply to other temporary faculty, i.e., no longer than 2 semesters (or 3 quarters) in any period of 3 consecutive years.
Please contact our office with questions regarding this Legal Update or any other legal matter.
The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.
© 2015 School and College Legal Services of California
All rights reserved. However, SCLS grants permission to any current SCLS client to use, reproduce, and distribute this Legal Update in its entirety for non-commercial purposes.
