Cal. Code Regs. tit. 5, § 53309
(h) Teaching by Others. Include credit instruction FTEF taught by classified staff or administrators who are appropriately qualified to teach, under the following conditions:
(i) Late Retirement. The FTEF of a faculty member who resigned or retired and who provided written notice thereof within 45 faculty duty days of the end of the previous Spring primary term and whose position has not been replaced by another full-time faculty member by the current Fall primary term, shall be included. The FTEF of replacement faculty, whether full-time or part-time, shall be excluded from the computation to determine the full-time faculty percentage pursuant to section 53308.
Districts are required to fill the position(s) by the following Spring primary term unless designees for the district governing board and academic senate jointly agree that it is in the best interests of the district to delay the filling of the position. In such cases, replacement must be made by the following primary term or the Chancellor shall reduce the district's state apportionment revenues for the current year in accordance with the provisions of section 51025. If the number of late retirees exceeds fifteen percent (15%) of the district's total number of full-time faculty, and the district's governing board and academic senate jointly agree, a district may file a request with the Chancellor's Office for a one-year extension to fulfill its hiring obligation to replace those retirees.
In calculating full-time equivalent faculty (FTEF) attributable to full-time faculty, the following rules shall be applicable:
Note: Authority cited: Sections 66700, 70901 and 87482.7, Education Code; and section 50079.1, Government Code. Reference: Sections 84750 and 87482.7, Education Code.
1. New section filed 6-23-2000; operative 7-23-2000. Submitted to OAL for printing only (Register 2000, No. 26).
2. Amendment of subsection (i) filed 10-16-2001; operative 11-15-2001. Submitted to OAL for printing only (Register 2001, No. 43).
3. Amendment of subsection (i), new subsection (j) and amendment of Note filed 12-16-2011; operative 1-15-2012. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2011, No. 51).