Education Code — Part 28 | EDC — United States — California law | Esheria

Education Code

Part 28 of 57 · provisions 5,401–5,600

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 45105.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Some specially funded school-district positions remain part of classified service, and employees in them are treated as classified employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45105. (a) Positions not requiring certification qualifications created by a governing board of a school district under the Manpower Development and Training Act of 1962, the Economic Opportunity Act of 1964, the Elementary and Secondary Education Act of 1965, or Section 11300 or Section 13650 of the Welfare and Institutions Code, any future federal or state legislative enactment, or any other special funding, and which are not a part of the regular school program shall, nevertheless, be a part of the classified service as established by Section 45103 or 45256. Persons employed in these positions shall be classified employees and shall enjoy all of the rights, burdens and benefits accorded other classified employees. Their selection and retention shall be made on the same basis as that of persons selected for positions that are a part of the regular school program. (b) (1) Notwithstanding subdivision (a), if specially funded positions are restricted to employment of persons in low-income groups, from designated impoverished areas or other criteria which restricts the privilege of all citizens to compete for employment in the positions, all these positions shall, in addition to the regular class title, be classified as “restricted.” Their selection and retention shall be made on the same basis as that of persons selected and retained in positions that are a part of the regular school program, except that persons employed in the following categories of restricted positions shall not be subject to Section 45272 or 45273: (A) The position of instructional aide, as defined in Section 45343. (B) Any other position involving personal contacts with pupils or parents that is established to assist school-staff personnel responsible for school-community relations; educational support services for such areas as counseling, library or health; or the correction or prevention of behavioral problems. (2) Persons employed in positions properly classified as “restricted” shall be classified employees for all purposes except: (A) They shall not be accorded employment permanency under Section 45113 or 45301, whichever is applicable. (B) They shall not acquire seniority credits for the purposes of Sections 45298 and 45308 or, in a district not having the merit (civil service) system, for the purposes of layoff for lack of work or lack of funds as may be established by rule of the governing board. (C) Sections 45287 and 45289 shall not apply to “restricted” employees. (D) They shall not be eligible for promotion into the regular classified service or, in districts that have adopted the merit system, shall not be subject to the provisions of Section 45241, until they have complied with the provisions of subdivision (c). (c) At any time, after completion of six months of satisfactory service, a person serving in a “restricted” position shall be given the opportunity to take qualifying examinations that are required for all other persons serving in the same class in the regular classified service. If the person satisfactorily completes the qualifying examination, regardless of final numerical listing on an eligibility list, he or she shall be accorded full rights, benefits and burdens of any other classified employee serving in the regular classified service. His or her service in the regular classified service shall be counted from the original date of employment in the “restricted” position and shall continue even though he or she continues to serve in a “restricted” position. (d) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (e) It is the intent of the Legislature in enacting this section to clearly set forth that positions normally a part of the classified service are included in the classified service regardless of the source of income to sustain the positions and to effectively implement specially funded programs intended to provide job opportunities for untrained and impoverished persons but to do so in a manner that will not be disruptive nor detrimental to the normal employment procedures relating to classified school service. (Amended by Stats. 2000, Ch. 1, Sec. 1. Effective February 22, 2000.)
  2. 45106.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must adopt rules or regulations to implement this section, and certain exempt or excluded classified employees remain subject to specified sections. Full-time day students regularly attending in the district of employment are excluded.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45106. Notwithstanding the provisions of Section 45103 or Section 45256, which exempt certain types of positions or categories of personnel from the classified service of a school district, persons serving in exempt positions or who serve in classified positions but are exempted from the classified service shall, nevertheless, be subject to the provisions of Sections 45122 to 45125, inclusive, and Section 49406. The governing board of every school district shall, by rule or regulation, provide for the implementation of this section. The provisions of this section shall not apply to full-time day students regularly attending in the district of employment. (Enacted by Stats. 1976, Ch. 1010.)
  3. 45107.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Money from the specified act cannot be used for work that replaces existing public jobs, fails to increase available employment, displaces permanent classified employees, or harms their rights. If layoffs and similar hiring overlap, the superintendent must report to the governing board, and the board’s approval counts as acceptance and compliance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45107. (a) The “act” as used in this section shall mean the Federal Emergency Employment Act of 1971 (Public Law 92-54) or any similar federal law hereafter enacted to provide transitional employment in public service positions for unemployed or underemployed persons. (b) Funds derived from the act shall not be expended for work that: (1) would otherwise have been performed at federal, state, or local expense; (2) will not result in an increase over the employment which would otherwise be available; (3) which will result in the displacement of permanent members of the classified service (including partial displacement, such as reduction in the hours of nonovertime work or wages or employment benefits); (4) or which will impair existing rights of permanent members of the classified service. (c) If during the term of a contract or renewal thereof, executed under the act, a school district is engaged in layoffs for lack of work or lack of funds of permanent classified employees serving in regular positions and is employing personnel or contemplates employing personnel in like or reasonably similar positions under the act, a report shall be submitted by the superintendent of schools to the governing board clearly demonstrating and substantiating the fact that the duties being performed by the permanent employees in regular positions who are being laid off will not be performed by personnel employed under the act. Approval of the report by the governing board shall constitute its acceptance of the facts, as contained therein, and based thereon its affirmation of compliance with the contract executed under the act and this section. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  4. 45108.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may classify certain positions as “restricted” if it limits initial appointments to low-income groups or people from designated community areas.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45108. If the governing board of any school district establishes positions in the categories described below and restricts initial appointments of new employees to persons in low-income groups or residing in specifically designated areas of the community, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except that (1) they shall not be subject to the provisions of Section 45272 or 45273, and (2) they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 45105. The categories of positions for which the governing board may establish restrictions under this section are: (a) The position of instructional aide, as defined in Section 45343. (b) Any other position involving personal contacts with pupils or parents, that is established to assist school staff personnel responsible for school-community relations; educational support services for such areas as counseling, library, or health; or the correction or prevention of behavioral problems. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1982, Ch. 1388, Sec. 7. Effective September 24, 1982.)
  5. 45108.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section defines “senior management employee” and limits how many senior management positions a district may designate, based on district enrollment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45108.5. (a) Senior management employee means either of the following: (1) An employee in the highest position in a principal district program area, as determined by the governing board, which does not require certification qualifications, and which has districtwide responsibility for formulating policies or administering the program area. (2) An employee who acts as the fiscal advisor to the district superintendent. (b) The maximum number of positions which may be designated as senior management positions shall be as follows: (1) For districts with less than 10,000 units of average daily attendance, two positions. (2) For districts with 10,000 to 25,000 units of average daily attendance, inclusive, three positions. (3) For districts with 25,001 to 50,000 units of average daily attendance, inclusive, 4 positions. (4) For districts with more than 50,000 units of average daily attendance, 5 positions. (c) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240), as well as to districts which have not adopted the merit system. (Added by Stats. 1983, Ch. 498, Sec. 72. Effective July 28, 1983.)
  6. 45108.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may apply to the State Board of Education for a waiver of Section 45108.5 to expand the number and type of senior management positions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45108.7. The governing board of a school district may apply to the State Board of Education to waive the provisions of Section 45108.5 for purposes of expanding the number and type of senior management positions. (Added by Stats. 1983, Ch. 498, Sec. 73. Effective July 28, 1983.)
  7. 45109.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Governing boards must set the duties for classified employees and other district positions that do not require certification, except personnel commission staff.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45109. Governing boards shall fix and prescribe the duties to be performed by all persons in the classified service and other positions not requiring certification qualifications of the school district, except those persons employed as a part of a personnel commission staff as provided in Article 6 (commencing with Section 45240) of this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  8. 45110.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Classified employees generally cannot be made to perform duties outside those fixed for their position for more than five working days in any 15-day period, unless the duties reasonably relate to their assigned duties or are otherwise authorized. If employees work out of classification longer than five working days, their salary must be adjusted upward for the whole period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45110. Classified employees shall not be required to perform duties which are not fixed and prescribed for the position by the governing board in accordance with Section 45109, unless the duties reasonably relate to those fixed for the position by the board, for any period of time which exceeds five working days within a 15-calendar-day period except as authorized herein. An employee may be required to perform duties inconsistent with those assigned to the position by the governing board for a period of more than five working days provided that his salary is adjusted upward for the entire period he is required to work out of classification and in such amounts as will reasonably reflect the duties required to be performed outside his normal assigned duties. Notwithstanding the provisions of this section, a personnel commission and governing board, or a governing board in a nonmerit system district, may, by written rule, provide for an upward salary adjustment for any classified employee required to work out of classification for any period of time less than that required herein. It is the intent of this section to permit school districts to temporarily work employees outside of their normal duties but in so doing to require that some additional compensation be provided the employee during such temporary assignments. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  9. 45111.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district may not require classified-service candidates or employees to live in the district, and may not give residents preferential treatment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45111. No school district may adopt or maintain any rule or regulation which requires a candidate for a position in the classified service to be a resident of the district or to become a resident of the district, or which requires that an employee maintain residency within the district; nor may a district grant preferential points or other preferential treatment to those candidates or employees who are residents of the district. This section shall not apply to restricted positions as provided for in Sections 45105 and 45103. The Legislature in enacting this section recognizes that the public school system of this state is the property of all its citizens, and that all qualified candidates for positions in the classified service, regardless of residence, should be granted the opportunity to compete for and obtain such positions based solely on merit and fitness. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  10. 45112.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School district staff assistants and field representatives who directly assist governing board policymaking must be treated as classified employees, but they are exempt from permanent-status and certain hiring/pay classification procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45112. If the governing board of any school district employs staff assistants or field representatives to directly assist the governing board or individual governing board members in carrying out their policymaking duties, such assistants or representatives shall be members of the classified service, except that such assistants or representatives shall be exempt from all provisions of this code relating to obtaining a permanent status in any position in the district, and procedures pertaining to the recruitment, appointment, classification, and salary of members of the classified service. Staff assistants shall serve at the pleasure of a majority of the governing board, and each field representative appointed by the governing board to assist an individual member shall serve at the pleasure of such member. It is the intent of the Legislature that persons employed under Section 45112 will not be utilized for election campaigns of board members during hours of their employment. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  11. 45113.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards must adopt and publish written personnel rules for classified employees, provide hearing rights and notice in discipline cases, and observe probation and timing limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted. (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. (c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employee’s right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void. (d) Disciplinary action shall not be taken for any cause that arose before the employee’s becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district. (e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. (f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the district’s policies or regulations. (2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement. (g) (1) A governing board of a school district shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judge’s ruling shall be binding upon all parties. (2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077. (3) The term “representative of the respondent,” within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative. (h) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i) To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. (Amended by Stats. 2022, Ch. 913, Sec. 1. (AB 2413) Effective January 1, 2023.)
  12. 45114.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board may lay off and reemploy classified employees, but only under the procedures in Sections 45298 and 45308, with “personnel commission” treated as the governing board for this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45114. Notwithstanding the provisions of Section 45113, the governing board may lay off and reemploy classified employees only in accordance with procedures provided by Sections 45298 and 45308, except the term “personnel commission” therein shall be construed to mean the governing board. “Governing board” as used in this section shall include districts governed by a common board or by different boards but with a common administration. Employees in common board or common administration districts shall, for the purpose of layoff for lack of work or funds, be considered as having been employed in a single district. (Enacted by Stats. 1976, Ch. 1010.)
  13. 45115.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A district must place certain retired employees on an appropriate reemployment list, notify the retirement board when the retirement was due to layoff or lack of funds, and keep a vacancy open in some reemployment cases until the board processes reinstatement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45115. Notwithstanding any other provision of law, any person who was subject to being, or was in fact, laid off for lack of work or lack of funds and who elected service retirement from the Public Employees’ Retirement System shall be placed on an appropriate reemployment list. The district shall notify the Board of Administration of the Public Employees’ Retirement System of the fact that retirement was due to layoff for lack of work or of funds. If he is subsequently subject to reemployment and accepts, in writing, the appropriate vacant position, the district shall maintain the vacancy until the Board of Administration of the Public Employees’ Retirement System has properly processed his request for reinstatement from retirement. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  14. 45116.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A disciplinary notice must clearly state the specific acts and omissions, the cause for discipline, and any alleged rule or regulation violation; a notice that merely repeats the rule’s language is not enough.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45116. A notice of disciplinary action shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary action is based, a statement of the cause for the action taken and, if it is claimed that an employee has violated a rule or regulation of the public school employer, such rule or regulation shall be set forth in said notice. A notice of disciplinary action stating one or more causes or grounds for disciplinary action established by any rule, regulation, or statute in the language of the rule, regulation, or statute, is insufficient for any purpose. A proceeding may be brought by, or on behalf of, the employee to restrain any further proceedings under any notice of disciplinary action violative of this provision. This section shall apply to proceedings conducted under the provisions of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  15. 45117.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets notice, hearing, confidentiality, and layoff rules for classified school district employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45117. (a) (1) No later than March 15 and before a classified employee is given notice by the governing board of a school district that the employee’s services will not be required for the ensuing year due to lack of work or lack of funds, the governing board of the school district and the employee shall be given written notice by the superintendent of the school district or the superintendent’s designee, or, in the case of a school district that has no superintendent, by the clerk or secretary of the governing board of the school district, that it has been recommended that the notice be given to the employee, stating the reasons that the employee’s services will not be required for the ensuing year, and informing the employee of the employee’s displacement rights, if any, and reemployment rights. (2) Until the classified employee has requested a hearing as provided in subdivision (b) or has waived their right to a hearing, the notice and the reasons for the notice shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, a violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of a hearing conducted pursuant to this section. (b) A classified employee may request a hearing to determine if there is cause for not reemploying the employee for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice, on or before a date specified in subdivision (a), which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, the employee’s failure to do so shall constitute a waiver of the employee’s right to a hearing. The notice provided for in subdivision (a) shall advise the employee of the provisions of this subdivision. (c) If a hearing is requested by a classified employee under subdivision (b), the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the governing board of a school district shall have all the power granted to an agency in that chapter, except that all of the following shall apply: (1) The respondent shall file their notice of participation, if any, within five days after service upon the respondent of the District Statement of Reduction in Force and the respondent shall be notified of this five-day period for filing in the District Statement of Reduction in Force. (2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if a request is made for discovery within 15 days after service of the District Statement of Reduction in Force, and the notice required by Section 11505 of the Government Code shall so indicate. (3) (A) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils of the schools. The proposed decision shall be prepared for the governing board of the school district and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board of the school district shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board of the school district. Nonsubstantive procedural errors committed by the school district or governing board of the school district shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board of the school district and to the classified employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the governing board of the school district from school district funds. Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid, and addressed to the last known address of the employee. Notice of termination shall be given to the employee before May 15. If a continuance was granted after a request for hearing was made, the deadlines described in this section shall be extended for the number of days of that continuance. (B) For purposes of this section, “cause” for layoff includes school district compliance with the seniority requirements of this code, including Section 45308. (4) An employee may be represented at a hearing by an attorney or by a nonattorney representative of the employee organization designated as the exclusive representative of the employees in the employee’s classification, if any. (d) (1) Notwithstanding subdivisions (a) to (c), inclusive, or any other law, during the time period between five days after the enactment of an annual Budget Act and August 15 of the fiscal year to which that Budget Act applies, if the governing board of a school district determines that its total local control funding formula apportionment per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2 percent, and if the governing board of a school district determines it is therefore necessary to decrease the number of classified employees of the school district due to lack of work or lack of funds, the governing board of the school district may issue a District Statement of Reduction in Force to those employees in accordance with a schedule of notice and hearing to be adopted by the governing board of the school district. (2) Paragraph (1) shall be inoperative during any period that Section 44955.5 is inoperative as it applies to certificated employees. (e) (1) If a permanent classified employee is not given the notices and a right to a hearing as provided for in this section, the employee shall be deemed reemployed for the ensuing school year, except that nothing in this section shall be construed to interfere with the right of a district to release probationary employees who never become permanent without notice or hearing. (2) For purposes of this subdivision, “permanent employee” includes an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice. (f) (1) A classified employee shall not be laid off if a short-term employee is retained to render a service that the classified employee is qualified to render. This subdivision does not create a layoff notice requirement for any individual hired as a short-term employee, as defined in Section 45103, for a period not exceeding 60 days. (2) This subdivision does not apply to the retention of a short-term employee, as defined in Section 45103, who is hired for a period not exceeding 60 days after which the short-term service may not be extended or renewed. (g) Notwithstanding the other requirements of this code respecting layoff of permanent classified employees, when classified positions must be eliminated as a result of the expiration of a specially funded program, the employees to be laid off shall be given written notice not less than 60 days prior to the effective date of their layoff informing them of their layoff date and their displacement rights, if any, and reemployment rights. (h) If, after January 1, 2021, the Legislature provides certificated employees with any additional rights to notice or hearing as to layoffs, then permanent classified employees and those who become permanent classified employees shall be afforded the same rights by the school district. (i) The governing board of the school district may adopt from time to time rules and procedures not inconsistent with this section as may be necessary to effectuate this section. (j) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2022, Ch. 571, Sec. 27. (AB 185) Effective September 27, 2022.)
  16. 45118.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The department must convene a classified employee staffing ratio workgroup by July 31, 2025, and the workgroup must later report staffing-ratio recommendations to the Legislature by July 31, 2026.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45118. (a) (1) The department, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, representatives of employee organizations, and representatives of voluntary local educational agencies, including, but not limited to, members of governing boards of school districts, shall convene the Classified Employee Staffing Ratio Workgroup on or before July 31, 2025. (2) For purposes of paragraph (1), “voluntary local educational agencies” means school districts, county offices of education, community college districts, and special education local plan areas electing to participate in the workgroup. (b) (1) (A) The workgroup shall group classified assignments, for both K–12 and community colleges, in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite or campus, specialized needs, including certifications or licenses, and other reasonable factors. (B) The groupings may include, but are not necessarily limited to, the categories of food service, maintenance and operations, office and technical services, paraeducators, special services, including law enforcement, and transportation services. (2) The workgroup shall recommend staffing ratios per grouping identified pursuant to paragraph (1). (3) The workgroup shall take into account the physical, mental, and emotional impact of a pandemic or other emergency environment on workers. (4) The staffing ratios shall compare the number of classified staff needed for each group with the number of pupils, or students, as applicable. The staffing ratio may compare other factors, as relevant to the group of classified workers. (c) Notwithstanding Section 10231.5 of the Government Code, the workgroup shall, on or before July 31, 2026, report recommendations on appropriate staffing ratios for classified employees in schools and community colleges to the Legislature, consistent with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 425, Sec. 1. (AB 2971) Effective January 1, 2025.)
  17. 45119.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain school-district reorganizations, the acquiring or new district must adopt a merit system if the voting employees approve, and covered employees keep their rights, seniority, and some reemployment protections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45119. Whenever, by reason of any reorganization, other than the unification of districts, all or part of the territory of any school district which has adopted the merit system is included within any district, or in any new district, the governing board of the acquiring or new district shall adopt such merit system if a simple majority of the classified employees of the reorganized district voting on the adoption of a merit system approve its adoption pursuant to Section 45221. If no such election is requested by the classified employees of the reorganized district pursuant to Section 45221, adoption of a merit system shall be effective only if the number of classified employees from the merit system district who are to become employees of the acquiring district equals or exceeds the number of classified employees of the acquiring nonmerit system district. In the event that any district simultaneously acquires all or part of the territory of two or more districts which have previously adopted the merit system, the governing board of the acquiring or new district shall adopt a merit system containing such provisions as are necessary to afford to all employees the rights guaranteed by this section if a simple majority of the classified employees of the reorganized district voting on the adoption of a merit system approve its adoption pursuant to Section 45221. If no such election is requested by the classified employees of the reorganized district pursuant to Section 45221, adoption of a merit system shall be effective only if the number of classified employees from the merit system district who are to become employees of the acquiring district equals or exceeds the number of classified employees of the acquiring nonmerit system district. The employees of the reorganized or new district shall retain all rights and privileges as if they had been employed under the provisions of Article 6 (commencing with Section 45240) of this chapter, with seniority commencing as of the date of original employment in their original district. Where there are more than a sufficient number of employees for a given classification under the provisions of Article 6 (commencing with Section 45240) of this chapter, such personnel shall be retained in employment for a period of not less than two years as if the reorganization had not occurred but without prejudice to the powers of the personnel commission and governing board of the reorganized district to reasonably reassign such persons. If at the expiration of such period, upon a finding made by the personnel commission that there are excess personnel in any given classification, such personnel shall, if the governing board so directs, be placed upon appropriate reemployment lists for 39 months and, if so placed, shall be offered and may accept positions of lower rank in their line of promotion in the order of seniority as established by this section in accordance with rules drawn in compliance with the provisions of Article 6 (commencing with Section 45240) of the chapter. The acceptance of a position in lower rank in accordance herewith shall not be deemed to constitute a waiver of the right to reemployment at the original level should a vacancy at such level occur within the period mentioned in this section. (Amended by Stats. 1977, Ch. 149.)
  18. 45120.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When districts with merit systems reorganize, the reorganized district must adopt a single merit system in some cases, retain affected personnel for a minimum period, and set seniority by original employment date.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45120. If all or any part of any district or districts which is unified with all or any part of a district, has, or have, the merit system prior to the date of the reorganization election, all employees not legally requiring certification qualifications of the reorganized district shall be employed in accordance with Article 6 (commencing with Section 45240) of this chapter if a simple majority of the classified employees of the reorganized district voting on the adoption of a merit system approve its adoption pursuant to Section 45221. If no such election is requested by the classified employees of the reorganized district pursuant to Section 45221, adoption of a merit system shall be effective only if the number of classified employees from the merit system district who are to become employees of the acquiring district equals or exceeds the number of classified employees of the acquiring nonmerit system district. If on the date of such reorganization election, two or more of the said defined districts of such reorganized district have merit systems, the reorganized district shall adopt a single merit system which shall contain all provisions necessary to secure to all employees the rights guaranteed by Section 45121 of this code. Seniority of the personnel of the reorganized district shall be established as of the date of original employment in the district or districts as defined above. Where there are more than a sufficient number of employees for a given classification under the provisions of Article 6 (commencing with Section 45240) of this chapter, such personnel shall be retained in employment for a period of not less than two years as if the reorganization had not occurred but without prejudice to the powers of the personnel commission and the governing board of the new unified district to reasonably reassign such person. If at the expiration of such period, upon a finding made by the personnel commission that there are excess personnel in any given classification, such personnel shall, if the governing board so directs, be placed upon appropriate reemployment lists for 39 months, and shall, if so placed, be offered and may accept positions of lower rank in their line of promotion in the order of seniority as established by this section in accordance with rules drawn in compliance with the provisions of Article 6 (commencing with Section 45240) of this chapter. The acceptance of a position in lower rank in accordance herewith shall not be deemed to constitute a waiver of the right to reemployment at the original level should a vacancy at such level occur within the period mentioned in this section. (Amended by Stats. 1977, Ch. 149.)
  19. 45120.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain classified employees keep their salary, benefits, seniority, and other rights for two years after a qualifying school district reorganization event, if the district is not required to adopt the merit system.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45120.1. Notwithstanding the provisions of Sections 45119 and 45120, when any school district involved in any reorganization, annexation, unionization, merger, or unification is not required to adopt the merit system, the classified employees of such district who formerly were employed by a district having the merit system shall retain for a period of two years the salary, benefits, seniority, and other rights which they would have had had the reorganization not occurred. (Added by Stats. 1977, Ch. 149.)
  20. 45120.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section preserves seniority and priority reemployment rights for classified employees affected by special education program reorganization.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45120.2. (a) If the development or revision of a local plan for the education of individuals with exceptional needs pursuant to Chapter 2.5 (commencing with Section 56195) of Part 30, results in a classified employee who is performing service for one employer being terminated, reassigned, or transferred, or becoming the employee of another employer because of the reorganization of special education programs, the employee shall retain the seniority acquired at his or her employment with the school district or county office of education from which he or she was terminated, reassigned, or transferred. If terminated, the employee retains the rights specified in Sections 45115, 45117, and 45119. (b) The reassignment of an employee, transfer of an employee, or new employment of an employee caused by the reorganization of special education programs does not affect the seniority or classification that a classified employee already attained in any school district that undergoes the reorganization. The employee has the same status with respect to his or her seniority or classification, with the new employer, including time served as a probationary employee. The total number of years served as a classified employee with the former school district or county office shall be credited, year for year, for placement on the salary schedule of the new school district or county office. (c) If a local plan for the education of individuals with exceptional needs is developed or revised pursuant to Chapter 2.5 (commencing with Section 56195) of Part 30, all classified employees shall be employed by a county office of education or an individual school district. (d) A classified employee who is reassigned or transferred as a result of the reorganization of special education programs has priority, except as provided in subdivision (e), in being informed of and in filling classified positions in the classifications in which the employee was employed before the reassignment or transfer. This priority expires 24 months after the date of reassignment or transfer and may be waived by the employee during that time period. (e) A classified employee who served in a special education program in a school district or county office and is terminated from his or her employment by that school district or county office pursuant to Section 45114 as a result of the reorganization of a special education program has first priority in being informed of and in filling vacant classified positions for which the employee is qualified or was employed, in the county office or school district that operates the reorganized special education program. Permanent employees have the first priority right to reappointment as provided in this section for 39 months from the date of termination. Probationary employees have the first priority right to reappointment as provided in this section for 24 months from the date of termination. (Added by Stats. 2003, Ch. 843, Sec. 1. Effective January 1, 2004.)
  21. 45121.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    Employees in noncertificated positions affected by district unification keep their jobs in the unified district for at least two years and keep their benefits; the unified district board must also set uniform salaries, benefits, and working conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45121. Persons employed in positions not requiring certification qualifications in districts, all or part of whose territory is included in a unification of districts, shall continue as employees of the unified school district for not less than two years, and shall not, by reason of any unification, be deprived of any benefit which they would have had had the unification not taken place. In determining the rights of such employees, their salaries, accumulated leaves, and other rights shall be determined as of the date the unification election was conducted. No increase in benefits not previously conferred, granted by the governing board of any district, all or part of whose territory is included in a unification of districts, after such unification election, shall be binding on the governing board of the unified district, except that benefits granted in the districts comprising the new unified district which does not become effective until the second succeeding first day of July shall be binding on the governing board of the unified district. Nothing herein contained shall preclude the governing board of the unified school district from making any reasonable reassignment of the duties of such employees. The governing board of the unified district shall establish a system of uniform salaries, employee benefits and working conditions for employees performing like services in conformity with the provisions of this section. (Enacted by Stats. 1976, Ch. 1010.)
  22. 45122.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district’s governing board must arrange or reimburse required physical exams for classified employees in the stated cases, and it may also arrange exams or reimburse certain preemployment exams.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45122. Whenever a governing board of a school district requires a physical examination to be taken by a classified employee or employees, either by rule or by its direction or the direction of its authorized district administrator; or when classified employees are required by law to submit to a physical examination for continuance in employment, the board shall either provide the required examination, cause it to be provided, or provide the employee with reasonable reimbursement for the required examination. If the governing board requires a physical examination or an examination is required by law as a condition of preemployment, it may cause the required examination to be given. It may, if an applicant is required to take a preemployment physical examination, provide for reasonable reimbursement if the applicant is subsequently employed by the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2000, Ch. 1, Sec. 2. Effective February 22, 2000.)
  23. 45122.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School districts generally may not employ or keep certain workers with violent or serious felony convictions, and the Department of Justice must notify the district when it learns an applicant or covered employee has such a conviction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45122.1. (a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be employed by a school district pursuant to this chapter. A school district shall not retain in employment a current classified employee who has been convicted of a violent or serious felony, and who is a temporary, substitute, or a probationary employee who has not attained permanent status. (b) This section applies to any violent or serious offense which, if committed in this state, would have been punishable as a violent or serious felony. (c) (1) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (2) For purposes of this section, the term “school district” has the same meaning as defined in Section 41302.5. (d) When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone and shall be confirmed in writing and delivered to the school district by first-class mail. (e) Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent of serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (f) Notwithstanding subdivision (e), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident. (g) Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone that a current temporary, substitute, or probationary employee who has not attained permanent status, has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement. (h) Notwithstanding Section 47610, this section applies to a charter school. (Added by Stats. 1997, Ch. 589, Sec. 4. Effective September 30, 1997.)
  24. 45123.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district may not employ or keep someone employed if they were convicted of a sex offense or a controlled substance offense, unless the conviction was later reversed, the person was acquitted or the charges were dismissed, or the governing board uses the controlled-substance rehabilitation exception.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45123. (a) No person shall be employed or retained in employment by a school district who has been convicted of any sex offense as defined in Section 44010. A plea or verdict of guilty, a finding of guilt by a court in a trial without jury, or a conviction following a plea of nolo contendere shall be deemed to be a conviction within the meaning of this subdivision. (b) No person shall be employed or retained in employment by a school district, who has been convicted of a controlled substance offense as defined in Section 44011. (c) If, however, a conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this section does not prohibit his or her employment thereafter. (d) The governing board of a school district may employ a person convicted of a controlled substance offense if the governing board of the school district determines, from the evidence presented, that the person has been rehabilitated for at least five years. The governing board shall determine the type and manner of presentation of the evidence, and the determination of the governing board as to whether or not the person has been rehabilitated is final. (Amended by Stats. 1990, Ch. 596, Sec. 3.)
  25. 45124.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    A school district may not employ or keep in employment a person determined to be a sexual psychopath, unless that determination is later reversed or the proceeding is dismissed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45124. No person shall be employed or retained in employment by a school district who has been determined to be a sexual psychopath under the provisions of Article 1 (commencing with Section 6300), Chapter 2, Part 2, Division 6 of the Welfare and Institutions Code or under similar provisions of law of any other state. If, however, such determination is reversed and the person is determined not to be a sexual psychopath in a new proceeding or the proceeding to determine whether he is a sexual psychopath is dismissed, this section does not prohibit his employment thereafter. (Enacted by Stats. 1976, Ch. 1010.)
  26. 45125.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School districts must fingerprint many noncertificated hires, send the cards for DOJ review, and wait for the criminal-history check before hiring, subject to specific exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45125. (a) (1) Except as provided in Section 45125.01, the governing board of any school district shall require each person to be employed in a position not requiring certification qualifications, except a secondary school pupil employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school attended by the pupil, to have two fingerprint cards bearing the legible rolled and flat impressions of the person’s fingerprints together with a personal description of the applicant prepared by a local public law enforcement agency having jurisdiction in the area of the school district, which agency shall transmit the cards, together with the fee required by subdivision (f), to the Department of Justice; except that any district, or districts with a common board, may process the fingerprint cards if the district so elects. (2) As used in this section, “local public law enforcement agency” includes any school district and as used in Section 45126 requires the Department of Justice to provide to any school district, upon application, information pertaining only to applicants for employment by the district, including applicants who are employees of another district. (b) (1) Upon receiving the fingerprint cards, the Department of Justice shall ascertain whether the applicant has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department and forward the information to the employing agency submitting the applicant’s fingerprints no more than 15 working days after receiving the fingerprint cards. The Department of Justice shall not forward records of criminal proceedings that did not result in a conviction but shall forward information on arrests pending adjudication. (2) Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this subdivision within three working days. If the Department of Justice cannot ascertain the information required pursuant to this subdivision within three working days, the department shall notify the school district that it cannot so ascertain the required information. This notification shall be delivered by telephone or electronic mail to the school district. If a school district is notified by the Department of Justice that it cannot ascertain the required information about a person, the school district may not employ that person until the Department of Justice ascertains that information. (3) In the case of a person to be employed in a position not requiring certification qualifications who is described in subparagraph (A) or (B), the school district shall request the Department of Justice to forward one copy of the fingerprint cards to the Federal Bureau of Investigation for the purpose of obtaining any record of previous convictions of the applicant. (A) The person has not resided in the State of California for at least one year immediately preceding the person’s application for employment. (B) The person has resided for more than one year, but less than seven years, in the State of California and the Department of Justice has ascertained that the person was convicted of a sex offense where the victim was a minor or a drug offense where an element of the offense is either the distribution to, or the use of a controlled substance by, a minor. (c) The governing board of a school district shall not employ a person until the Department of Justice completes its check of the state criminal history file as set forth in this section and Sections 45125.5 and 45126, except that this subdivision does not apply to secondary school pupils who are to be employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school they attend. (d) The governing board of each district shall maintain a list indicating the number of current employees, except secondary school pupils employed in a temporary or part-time position by the governing board of the school district having jurisdiction over the school they attend, who have not completed the requirements of this section. The Department of Justice shall process these cards within 30 working days of their receipt and any cards in its possession on the date of the amendment of this section by Assembly Bill 1610 of the 1997–98 Regular Session within 30 working days of that date. School districts that have previously submitted identification cards for current employees to either the Department of Justice or the Federal Bureau of Investigation shall not be required to further implement the provisions of this section as it applies to those employees. (e) A plea or verdict of guilty or a finding of guilt by a court in a trial without a jury or forfeiture of bail is deemed to be a conviction within the meaning of this section, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the withdrawal of the plea of guilty and entering of a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusations or information. (f) (1) The school district shall provide the means whereby the fingerprint cards may be completed and may charge a fee determined by the Department of Justice to be sufficient to reimburse the department for the costs incurred in processing the application. The amount of the fee shall be forwarded to the Department of Justice with the required copies of applicant’s fingerprint cards. The governing board may collect a reasonable fee payable to the local public law enforcement agency taking the fingerprints and completing the data on the fingerprint cards. In no event shall the fee exceed the actual costs incurred by the agency. (2) The additional fees shall be transmitted to the city or county treasury. If an applicant is subsequently hired by the board within 30 days of the application, the fee may be reimbursed to the applicant. Funds not reimbursed to applicants shall be credited to the general fund of the district. If the fingerprint cards forwarded to the Department of Justice are those of a person already in the employ of the governing board, the district shall pay the fee required by this section, which fee shall be a proper charge against the general fund of the district, and no fee shall be charged the employee. (g) This section applies to substitute and temporary employees regardless of length of employment. (h) Subdivision (c) of this section shall not apply to a person to be employed if a school district determines that an emergency or an exceptional situation exists, and that a delay in filling the position in which the person would be employed would endanger pupil health or safety. (i) Where reasonable access to the statewide, electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprints and related information required by this section. (j) A school district shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code. (k) All information obtained from the Department of Justice is confidential. Each agency handling Department of Justice information shall ensure the following: (1) No recipient may disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (l) Notwithstanding any other provision of law, the Department of Justice shall process pursuant to this section all requests from a school district, an employer, or a human resource agency for criminal history information on a volunteer to be used in a school. (Amended by Stats. 1999, Ch. 78, Sec. 31. Effective July 7, 1999.)
  27. 45125.01.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    School districts or a county superintendent may be designated to handle certain DOJ fingerprint and criminal history information for participating districts, and they must keep that information confidential and manage it as required.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45125.01. (a) If a person is an applicant for employment, or is employed on a part-time or substitute basis, in a position not requiring certification qualifications, or is a noncertificated candidate assuming a paid or volunteer position in accordance with Section 49024, in multiple school districts within a county or within contiguous counties, the school districts may agree among themselves to designate a single district, or a county superintendent may agree to act on behalf of participating districts within the county or contiguous counties, for the purposes of performing the following duties: (1) Sending fingerprints to the Department of Justice. (2) Receiving reports of convictions of serious and violent felonies, criminal history records, and reports of subsequent arrests from the Department of Justice. (3) Maintaining common lists of persons eligible for employment. (b) The school district or county superintendent serving in the capacity authorized in subdivision (a) shall be considered the employer for purposes of subdivisions (a) and (f) of Section 45125. (c) Upon receipt from the Department of Justice of a report of conviction of a serious or violent felony, the designated school district or county superintendent shall communicate that fact to the participating districts and remove the affected employee from the common list of persons eligible for employment. (d) Upon receipt from the Department of Justice of a criminal history record or report of subsequent arrest for any person on a common list of persons eligible for employment, the designated school district or county superintendent shall give notice to the superintendent of any participating district or a person designated in writing by that superintendent, that the report is available for inspection on a confidential basis by the superintendent or authorized designee, at the office of the designated school district or county superintendent, for a period of 30 days following receipt of notice to enable the employing school district to determine whether the employee meets that district’s criteria for continued employment. The designated school district or county superintendent shall not release a copy of that information to any participating district or any other person, shall retain or dispose of the information in the manner required by law after all participating districts have had an opportunity to inspect it in accordance with this section, and shall maintain a record of all persons to whom the information has been shown that shall be available to the Department of Justice to monitor compliance with the requirements of confidentiality contained in this section. (e) Any agency processing Department of Justice responses pursuant to this section shall submit an interagency agreement to the Department of Justice to establish authorization to submit and receive information pursuant to this section. (f) All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure the following: (1) A recipient shall not disclose its contents or provide copies of information. (2) Information received shall be stored in a locked file separate from other files, and shall only be accessible to the custodian of records. (3) Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations. (4) Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 701 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice. (Amended by Stats. 2010, Ch. 52, Sec. 1. (AB 346) Effective July 9, 2010.)
  28. 45125.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Contractors working with local educational agencies must screen certain employees who interact with pupils, share later arrest/conviction updates, and keep unscreened employees away from pupil contact until DOJ clearance is complete.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45125.1. (a) Any entity that has a contract with a local educational agency shall ensure that any employee who interacts with pupils, outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee, has a valid criminal records summary as described in Section 44237. When the contracting entity performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to any local educational agency that it is contracting with pursuant to the subsequent arrest service. (b) (1) This section does not apply to an entity providing services to a local educational agency, as described in subdivision (a), in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (2) Notwithstanding subdivision (a), an employee of any entity that has a contract with a local educational agency, and that offers work experience opportunities for pupils, including, but not limited to, opportunities pursuant to Section 51760, 52336, 52372, 52410, or 52460, Article 1 (commencing with Section 52300), Article 5 (commencing with Section 52381), or Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4, Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4, Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4, or Part 54.5 (commencing with Section 88820) of Division 7 of Title 3, or workplace placements as part of a pupil’s individualized education program, including, but not limited to, the services described in Article 3 (commencing with Section 56470) of Chapter 4.5 of Part 30 of Division 4, is not required to have a valid criminal records summary pursuant to subdivision (a) if all of the following requirements are met: (A) At least one adult employee in the workplace during the pupil’s work hours, who has direct contact with the pupil and has been designated by the employer as the employee of record who is responsible for the safety of the pupil, has a valid criminal records summary as described in Section 44237. (B) A staff representative of the local educational agency makes visitations as specified in a pupil’s individualized education program, or, if unspecified, at least once every three weeks to consult with the pupil’s workplace liaison, observe the pupil at the workplace, and check in with the pupil to ensure the pupil’s health, safety, and welfare, including by addressing any concerns the pupil has raised. (C) The parent or guardian of the pupil has signed a consent form regarding the pupil’s work placement, attesting that the parent or guardian understands the duties assigned to the pupil and the nature of the workplace environment. (3) If a pupil participates in services provided by a contractor as part of an independent study program and the pupil is under the immediate supervision and control of the pupil’s parent or guardian during the provision of those services, the local educational agency shall do either of the following: (A) Verify completion of a valid criminal records summary for all employees of the contractor who interact with the pupil. (B) Ensure that the parent or guardian of the pupil has signed a consent form before the pupil’s interaction with a person employed by the contractor, attesting that the parent or guardian understands that the person employed by the contractor has not completed a valid criminal records summary as described in Section 44237. (c) On a case-by-case basis, a local educational agency may require an entity with whom it has a contract to comply with the requirements of this section for employees in addition to those described in subdivision (a). The entity shall prepare and submit those employee’s fingerprints to the Department of Justice, as described in subdivision (a). (d) (1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a), (c), or (h) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or email to the employer. (2) The Department of Justice, at its discretion, may notify the local educational agencies in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1. (3) The Department of Justice shall forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses that, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication. (e) (1) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1. (2) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code. (3) The prohibition in paragraph (1) does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the employee has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the local educational agency in which the employee is a resident. (f) An entity having a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c) shall certify in writing to the local educational agency that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may interact with pupils have been convicted of a felony as defined in Section 45122.1. (g) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section. (h) (1) For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a local educational agency, as described in subdivision (a), shall be considered an employee of that entity. (2) To protect the safety of any pupil that may interact with an employee of an entity that is a sole proprietorship and has a contract as described in subdivision (a) or that is required to comply with this section for other employees pursuant to subdivision (c), a local educational agency shall prepare and submit the employee’s fingerprints to the Department of Justice, as described in subdivision (a). (i) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (Amended by Stats. 2024, Ch. 38, Sec. 41. (SB 153) Effective June 29, 2024.)
  29. 45125.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district must protect pupils during certain school-facility construction or repair work, using one or more specified safety methods. An entity doing the work does not have to follow Section 45125.1 if one of those methods is used, and the section does not apply in emergency or exceptional situations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45125.2. (a) A school district contracting with an entity for the construction, reconstruction, rehabilitation, or repair of a school facility where the employees of the entity will have contact, other than limited contact, with pupils shall ensure the safety of the pupils by one or more of the following methods: (1) The installation of a physical barrier at the worksite to limit contact with pupils. (2) Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the Department of Justice has ascertained has not been convicted of a violent or serious felony. For purposes of this paragraph, an employee of the entity may submit his or her fingerprints to the Department of Justice pursuant to subdivision (a) of Section 45125.1 and the department shall comply with subdivision (d) of Section 45125.1. (3) Surveillance of employees of the entity by school personnel. (b) An entity that contracts with a school district for the construction, reconstruction, rehabilitation, or repair of a school facility is not required to comply with the requirements of Section 45125.1 if one or more of the methods described in subdivision (a) is utilized. (c) For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code. (d) This section shall not apply to an entity providing construction, reconstruction, rehabilitation, or repair services to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. (Added by Stats. 1998, Ch. 840, Sec. 12. Effective September 25, 1998.)
  30. 45125.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district or county office of education may ask local law enforcement for an automated criminal-record check of a prospective noncertificated employee, and if the agency agrees, it must return the results within 72 hours of the written request.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45125.5. A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective noncertificated employee in order to ascertain whether the prospective noncertificated employee has a criminal record. If the local law enforcement agency agrees to provide that automated records check, the results therefrom shall be returned to the requesting district or county office of education within 72 hours of the written request. A local law enforcement agency may charge a fee to the requesting agency not to exceed the actual expense to the law enforcement agency. For purposes of this section, “prospective noncertificated employee” includes only those applicants whom the requesting school district intends to hire, at the time the automated records check is requested. (Added by Stats. 1991, Ch. 152, Sec. 1.)
  31. 45126.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Department of Justice must provide certain record information to a local public law enforcement agency when it applies for it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45126. Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in Section 45125, furnish, upon application of a local public law enforcement agency all information pertaining to any such person of whom there is a record in its office. (Enacted by Stats. 1976, Ch. 1010.)
  32. 45127.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees have a 40-hour workweek and an 8-hour workday, subject to stated overtime and shorter-schedule exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45127. (a) The workweek of a classified employee, as defined in Section 45103 or 45256, shall be 40 hours. The workday shall be eight hours. These provisions do not restrict the extension of a regular workday or workweek on an overtime basis if it is necessary to carry on the business of the district. This section does not bar the district from establishing a workday of less than eight hours or a workweek of less than 40 hours for all or any of its classified positions. (b) Notwithstanding this section and Section 45128, a governing board may, with the approval of the personnel commission, where applicable, exempt specific classes of positions from compensation for overtime in excess of eight hours in one day, provided that hours worked in excess of 40 in a calendar week shall be compensated on an overtime basis. This exemption applies only to those classes that the governing board and personnel commission, where applicable, specifically find to be subject to fluctuations in daily working hours not susceptible to administrative control, such as security patrol and recreation classes, but shall not include food service and transportation classes. (c) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2006, Ch. 538, Sec. 108. Effective January 1, 2007.)
  33. 45128.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    District boards must set how ordered overtime is compensated and pay it, or provide compensatory time off, at at least time-and-one-half the employee’s regular rate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45128. The governing board of each district shall provide the extent to which, and establish the method by which ordered overtime is compensated. The board shall provide for such compensation or compensatory time off at a rate at least equal to time and one-half the regular rate of pay of the employee designated and authorized to perform the overtime. Overtime is defined to include any time required to be worked in excess of eight hours in any one day and in excess of 40 hours in any calendar week. If a governing board establishes a workday of less than eight hours but seven hours or more and a workweek of less than 40 hours but 35 hours or more for all of its classified positions or for certain classes of classified positions, all time worked in excess of the established workday and workweek shall be deemed to be overtime. The foregoing provisions do not apply to classified positions for which a workday of fewer than seven hours and a workweek of fewer than 35 hours has been established, nor to positions for which a workday of eight hours and a workweek of 40 hours has been established, but in which positions employees are temporarily assigned to work fewer than eight hours per day or 40 hours per week when such reduction in hours is necessary to avoid layoffs for lack of work or lack of funds and the consent of the majority of affected employees to such reduction in hours has been first obtained. For the purpose of computing the number of hours worked, time during which an employee is excused from work because of holidays, sick leave, vacation, compensating time off, or other paid leave of absence shall be considered as time worked by the employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  34. 45129.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    If compensatory time off is used instead of cash compensation, the district must grant it within 12 calendar months after the month the overtime was worked.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45129. When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the month in which the overtime was worked and without impairing the services rendered by the employing district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  35. 45130.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district personnel commissions or governing boards may classify certain positions as supervisory, administrative, or executive and exclude them from overtime rules, but only if the positions are clearly and reasonably management positions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45130. Notwithstanding the provisions of Sections 45127 and 45128, a personnel commission, when applicable, or a governing board of a school district may specify certain positions or classes of positions as supervisory, administrative, or executive and exclude the employees serving in such positions and the positions from the overtime provisions. To be excluded from such overtime provisions, the positions or classes of positions must clearly and reasonably be management positions. In approving positions or classes of positions for exclusion from the overtime provisions, the personnel commission, when applicable, or the governing board of a school district shall certify, in writing, that the duties, flexibility of hours, salary, benefit structure, and authority of the positions or classes of positions are of such a nature that they should be set apart from those positions which are subject to the overtime provisions, and that employees serving in such excluded positions or classes of positions will not be unreasonably discriminated against as a result of the exclusion. Notwithstanding the provisions of this section, if a person serving in an excluded position is required to work on a holiday, as provided for in this code, or by action of a governing board, he shall be paid, in addition to his regular pay for the holiday, compensation, or given compensating time off, at a rate not less than his normal rate of pay. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  36. 45131.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

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    This section limits the workweek to five consecutive working days for certain employees and requires premium pay for work on the sixth or seventh day in specified cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45131. Notwithstanding the provisions of Section 45127, the workweek shall consist of not more than five consecutive working days for any employee having an average workday of four hours or more during the workweek. Such an employee shall be compensated for any work required to be performed on the sixth or seventh day following the commencement of the workweek at the rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. An employee having an average workday of less than four hours during a workweek shall, for any work required to be performed on the seventh day following the commencement of his workweek, be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. Positions and employees excluded from overtime compensation pursuant to Section 45130 shall likewise be excluded from the provisions of this section. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  37. 45132.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A district governing board may set up a four-day, 40-hour workweek with 10-hour days if the employees’ work does not require five consecutive days and the required employee concurrence is obtained.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45132. Notwithstanding the provisions of Section 45131, a governing board of a district may establish a 10-hour-per-day, 40-hour, four-consecutive-day workweek for all, or certain classes of its employees, or for employees within a class when, by reason of the work location and duties actually performed by such employees, their services are not required for a workweek of five consecutive days, provided the establishment of such a workweek has the concurrence of the concerned employee, class of employees, or classes of employees as ascertained through the employee organization representing a majority of the concerned employees or class or classes, of employees, as determined by the payroll deduction authorizations for dues in classified employee organizations on file with the district on the last day of the month next preceding the date the board action was taken. Where a board has previously established the workweek of not less than 35 hours, it may require the established workweek to be performed in four consecutive days by any class or classes of employees or by employees within a class, when by reason of the work location and duties actually performed by such employees their services are not required for a workweek of five consecutive days, with the concurrence of employee personnel as provided herein. When a four-day workweek is established, the overtime rate shall be paid for all hours worked in excess of the required workday, which shall not exceed 10 hours. Work performed on the fifth, sixth and seventh days shall be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. An employee working an average workday of five hours or less during a workweek shall, for any work required to be performed on the sixth or seventh day following the commencement of his workweek, be compensated for at a rate equal to 11/2 times the regular rate of pay of the employee designated and authorized to perform the work. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  38. 45133.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board or county superintendent may adopt a 9-hour/80-hour two-week work schedule if the employee organization, or the affected employee where there is no organization, agrees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45133. (a) Notwithstanding Sections 45127 and 45131, a governing board of a school district or a county superintendent of schools may establish a 9-hour-per-day, 80-hour-per-2-week work schedule, provided the establishment of the work schedule has the concurrence of the employee organization, or in the absence of an employee organization, the concurrence of the affected employee. (b) When a 9-hour-per-day, 80-hour-per-2-week work schedule is established, it shall consist of nine work days, eight of which shall be nine-hour days, and one of which shall be an eight-hour day. The overtime rate shall be paid for all hours worked in excess of the required work day, which shall not exceed nine hours, at a rate equal to one and one-half times the regular rate of pay for the employee designated and authorized to perform the work. (c) When a 9-hour-per-day, 80-hour-per-2-week work schedule is established, the workweek shall be defined in either of two ways, as follows: (1) The workweek shall begin on noon Friday and will end at noon the following Friday, with the employee working nine hours each day except on alternate Thursdays when the employee will work eight hours, and on alternate Fridays when the employee will not work; or, (2) The workweek shall begin at noon on any other day of the week and shall be defined so that no employee will be required to work more than 40 hours during any given workweek. (d) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Added by Stats. 1990, Ch. 190, Sec. 1. Effective June 29, 1990.)
  39. 45133.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board or county superintendent may adopt a 12-hour, 80-hour-per-2-week work schedule for school police departments if a valid collective bargaining agreement includes specified wage, meal-period, arbitration, and overtime terms.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45133.5. (a) Notwithstanding Sections 45127 and 45131, a governing board of a school district or a county superintendent of schools may establish a 12-hour-per-day, 80-hour-per-2-week work schedule for school police departments, provided the establishment of the work schedule is consented to in a valid collective bargaining agreement that contains all of the following: (1) Express provisions for the wages, hours of work, and working conditions of employees. (2) Express provisions for meal periods of employees, and final and binding arbitration of disputes concerning application of the meal period provisions. (3) Premium wage rates for all overtime hours worked. (4) A regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (b) When a 12-hour-per-day, 80-hour-per-2-week work schedule is established, it shall consist of seven work days, six of which shall be 12-hour days, and one of which shall be an eight-hour day. The overtime rate shall be paid for all hours worked in excess of the required workday, at a rate equal to one and one-half times the regular rate of pay for the employee designated and authorized to perform the work. (c) When a 12-hour-per-day, 80-hour-per-2-week work schedule is established, the workweek shall be defined so that no employee will be required to work more than 40 hours during any given workweek. (Added by Stats. 2013, Ch. 73, Sec. 1. (AB 226) Effective January 1, 2014.)
  40. 45134.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School employees generally cannot work while receiving a retirement allowance based on prior school employment, but there are narrow hiring exceptions and no service credits for aide work under this subdivision.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45134. (a) Notwithstanding any other provisions of law, no minimum or maximum age limits shall be established for the employment or continuance in employment of persons as part of the classified service. (b) Any person possessing all of the minimum qualifications for any employment shall be eligible for appointment to that employment, and no rule or policy, either written or unwritten, heretofore or hereafter adopted, shall prohibit the employment or continued employment, solely because of the age of any person in any school employment who is otherwise qualified. (c) No person shall be employed in school employment while he or she is receiving a retirement allowance under any retirement system by reason of prior school employment, except that a person may be hired: (1) Pursuant to Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code. (2) As an aide in one of the following circumstances: (A) An aide is needed in a class with a high pupil-teacher ratio. (B) An aide is needed to provide one-on-one instruction in remedial classes or for underprivileged students. A person working as an aide pursuant to this subdivision shall not receive service credits for purposes of the State Teachers’ Retirement System. (d) The provisions of subdivision (c) shall be inapplicable to persons who were employed in the classified service of any school district as of September 18, 1959, and who are still in the employ of the same district on the effective date of this subdivision, and the rights of those persons shall be fixed and determined as of September 18, 1959, and no such person shall be deprived of any right to any retirement allowance or eligibility for any such allowance to which he or she would have been entitled as of that date. Any such person who, by reason of any provision of law to the contrary, has been deprived of any right to retirement allowance or eligibility for such an allowance, shall, upon the filing of application therefor, be reinstated to such rights as he or she would have had had this subdivision been in effect on September 18, 1959. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2005, Ch. 351, Sec. 40. Effective January 1, 2006.)
  41. 45135.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district may employ a retired classified school employee, but only under the referenced Government Code rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45135. Notwithstanding the provisions of subdivision (c) of Section 45134, a retired classified school employee may be employed by a school district, but only in accordance with the provisions of Article 5 (commencing with Section 21150) of Chapter 8 of Part 3 of Division 5 of Title 2 of the Government Code. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  42. 45136.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain part-time classified employees are entitled to sick leave and other legal benefits, and the governing board must provide regular employees at least the same benefits as the majority receives, subject to limited prorating rules and exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45136. All probationary and permanent part-time classified employees shall be entitled to sick leave, and all other benefits conferred by law on classified employees. Part-time employees shall be entitled to all leaves and benefits granted by the governing board to a majority of the regular full-time employees in the classified service of the district or to regular full-time employees in the same classified positions or general class of positions; but such leaves and benefits may be prorated in the same ratio as the regular work hours per day, days per week, weeks per month, or months per year of such part-time employees bear to eight hours per day, 40 hours per calendar week, four calendar weeks per month, or 12 calendar months during the school year. Except for prorating benefits for part-time employees as herein authorized, the governing board shall provide at least the same benefits for all regular employees in the classified service as it provides for the majority of such employees. Nothing in this section shall be construed to prohibit the granting of additional benefits for some employees in recognition of nature of work, level of classification, or length of service. This section shall not apply to employees properly designated as substitute, short-term, or limited-term employees, as defined in Sections 45103 and 45286 of this code, unless such employees are specifically included by a governing board, or by a personnel commission for those districts included under the provisions of Article 6 (commencing with Section 45240) of this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. This section shall not apply to those benefits authorized under the provisions of Article 1 (commencing with Section 53200) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  43. 45137.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Part-time classified employees may have their assignment and benefit calculations adjusted when they work beyond their assigned hours for specified periods.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45137. A classified employee who works a minimum of 30 minutes per day in excess of his part-time assignment for a period of 20 consecutive working days or more, shall have his basic assignment changed to reflect the longer hours in order to acquire fringe benefits on a properly prorated basis as specified in Section 45136. If a part-time employee’s average paid time, excluding overtime for which the employee receives compensation at a rate at least equal to time and one-half, exceeds his average assigned time by 50 minutes or more per working day in any quarter, the hours paid per day for compensable leaves of absence and holidays in the succeeding quarter shall be equivalent to the average hours paid per working day in the preceding quarter, excluding overtime. Except where vacation entitlement is accrued on the basis of actual hours of paid regular service, vacation entitlement shall be based on the average number of hours worked per working day during the portion of the school year in which the employee is assigned to duty. It is the intent of the Legislature, in enacting this section, to insure that part-time employees are accorded fringe benefits on an appropriate prorated basis with full recognition given to the number of hours worked by the part-time employee rather than on the basis of time fixed to the position when the fixed time is not reasonably correlated with the actual time worked. This section is to be liberally construed in order that the provisions of Section 45136 may not be circumvented by requiring employees to work in excess of the regularly fixed hours for a position on an overtime basis but for which premium pay is not provided nor appropriate adjustment is not made in fringe benefit entitlement. (Enacted by Stats. 1976, Ch. 1010.)
  44. 45138.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may require classified personnel to wear a distinctive uniform, and the district must pay the related uniform and equipment costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45138. The governing board of any school district may require the wearing of a distinctive uniform by classified personnel. The cost of the purchase, lease or rental of uniforms, equipment, identification badges, emblems, and cards required by the district shall be borne by the district. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  45. 45139.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board or county superintendent may adopt rules letting classified employees cut their workload from full-time to part-time, but the rules must include specific age, service, pay, benefit, and time-limit conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Employment [45100 - 45139] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 45139. Notwithstanding any other provision of this part, the governing board of a school district or county superintendent of schools may establish regulations which allow their classified employees to reduce their workload from full-time to part-time duties. The regulations shall include, but shall not be limited to, the following, if classified employees wish to reduce their workload and maintain retirement benefits pursuant to Section 20819 of the Government Code: (a) The classified employee shall have reached the age of 55 prior to reduction in workload. (b) The classified employee shall have been employed full time in a classified position for at least 10 years of which the immediately preceding five years were full-time employment. (c) During the period immediately preceding a request for a reduction in workload, the classified employee shall have been employed full time in a classified position for a total of at least five years without a break in service. (d) The option of part-time employment shall be exercised at the request of the classified employee and can be revoked only with the mutual consent of the employer and the classified employee. (e) The classified employee shall be paid a salary which is the pro rata share of the salary he or she would be earning had he or she not elected to exercise the option of part-time employment but shall retain all other rights and benefits for which he or she makes the payments that would be required if he or she remained in full-time employment. The classified employee shall receive health benefits as provided in Section 53201 of the Government Code in the same manner as a full-time classified employee. (f) The minimum part-time employment shall be the equivalent to one-half of the number of hours of service required by the classified employee’s contract of employment during his or her final year of service in a full-time classified position. (g) The period of the part-time classified employment shall not exceed five years. (h) The period of the part-time classified employment shall not extend beyond the end of the school year during which the classified employee reaches his or her 70th birthday. (Added by Stats. 1990, Ch. 658, Sec. 1. Effective September 12, 1990.)
  46. 45140.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Management and Confidential Employees [45140- 45140.] ( Article 1.5 added by Stats. 1984, Ch. 823, Sec. 1. )

    Verify source ↗

    A qualifying school district governing board may use temporary-help agencies to fill management and confidential employee vacancies, but those contracts are time-limited.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1.5. Management and Confidential Employees [45140- 45140.] ( Article 1.5 added by Stats. 1984, Ch. 823, Sec. 1. ) ## 45140. The governing board of any school district which has not adopted the merit system pursuant to Article 5 (commencing with Section 45220) and Article 6 (commencing with Section 45240) may contract with temporary-help employment agencies to fill vacancies of management and confidential employees without the necessity of complying with the requirements of this part. The contracts for the services of temporary-help agency employees under this section shall not exceed 60 working days per position per approved leave period, not to exceed two per year. (Added by Stats. 1984, Ch. 823, Sec. 1.)
  47. 45160.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must set and pay compensation for classified employees and other noncertificated employees, unless another law says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45160. The governing board of any school district, including city boards of education, shall fix and order paid the compensation of persons a part of the classified service and other employees not requiring certification qualifications employed by the board unless otherwise prescribed by law. (Enacted by Stats. 1976, Ch. 1010.)
  48. 45162.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must set annual salaries for certain employees by the budget approval deadline, and may later increase or conditionally reduce salaries within stated limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45162. (a) The governing board of any school district shall, not later than the date prescribed by law for approval of the publication budget of every year, fix the annual salaries for the ensuing school year for all persons employed by the district in positions not requiring certification qualifications. The governing board may, at the time, include an increase in such annual salaries, all or part of which increase is conditional upon the actual receipt by the district of anticipated revenue from all sources. If the revenue actually received is less than that anticipated, the governing board may, at any time during the school year, reduce such annual salaries by an amount not to exceed the amount which was granted subject to the receipt of such revenues. (b) The governing board of a school district may, at any time during the school year, increase the salaries of persons employed by the district in positions not requiring certification qualifications. Such increase shall be effective on any date ordered by the governing board. (c) A governing board may, at any time, increase the wages or salaries of classified employees if the board or, in a merit system district, the personnel commission approves a classification change in a position, a class of positions, or any or all of the positions or classes of positions a part of the classified service. (d) The provisions of this section shall not be construed to permit a governing board to demote or dismiss an employee as a result of reclassification of a position or class of positions except as may otherwise be permitted by law. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1977, Ch. 53.)
  49. 45163.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board that is doing a qualifying pay study may, before final budget adoption, adopt an interim salary schedule or decide when study-based salaries take effect.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45163. If the governing board of a school district cannot comply with the provisions of subdivision (a) of Section 45162 because it is engaged in a study, which was commenced prior to the commencement of the school year, to increase the salaries and wages of persons employed by such district in positions not requiring certification qualifications, the board may, by appropriate action taken prior to the final adoption of its budget, do either of the following: (a) Adopt an interim salary schedule which shall be the same schedule as for the preceding year, except that increases may be granted at that time based upon increased cost-of-living indexes, and provide that the salaries and wages fixed as a result of the study shall be payable for the entire school year to include the period thereof in which the study was conducted and final board action taken. (b) Provide that the salaries and wages fixed as a result of the study shall be effective only for that portion of the school year, as determined by the board at the time it takes action after the study has been completed. “Portion of the school year,” as used in this subdivision shall not be for any period of time less than the period of time remaining in the school year from the date the governing board adopts the salary schedule based on the study commenced prior to that school year. (Enacted by Stats. 1976, Ch. 1010.)
  50. 45165.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may, if an employee elects it and the district does not pay salaries in 12 equal monthly payments, withhold part of each pay and later pay the withheld amount on the schedule set by the employee’s months of service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45165. The governing board of any school district not paying the annual or monthly salaries of persons employed by the district in 12 equal monthly payments may withhold, upon election by the individual employee, from each payment made to such employee an amount as follows: (a) For an employee employed 11 months of a year an amount equal to 81/3 percent thereof and the total amount deducted to be paid not later than the 10th day of September next succeeding. (b) For an employee employed 10 months of a year an amount equal to 162/3 percent thereof and the total amount deducted to be paid in two equal monthly installments not later than the 10th day of August and the 10th day of September next succeeding. (c) For an employee employed nine months a year an amount equal to 25 percent thereof and the total amount deducted to be paid in three equal monthly installments not later than the 10th day of July, the 10th day of August and the 10th day of September next succeeding. If the provisions of Section 42644 are made applicable to any district the provisions of this section shall apply except that the amount deducted from each regular pay period and ultimate dates for payment of the amount deducted shall be computed and set in accordance with the system adopted under Section 42644. Once an employee has elected to be brought under the provisions of this section such election shall not be revocable until the commencement of the next ensuing fiscal year. However, in the event any employee leaves the service of the district by death or otherwise before receiving such moneys as may be due him, the amount due him shall be paid within 30 days of the last working day to him or any other person entitled thereto by law. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  51. 45166.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Payroll for classified employees in covered public school districts must be issued at least monthly, and payment must be made on the last working day of the month in which the employee was in paid status.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45166. Orders for the payment of wages and payroll orders and warrants for the payment of wages of employees a part of the classified service in any public school system shall be drawn at least once during each calendar month, for those districts not using the provisions of Sections 42644, 42645, or 42646 of this code. Such payment shall be made on the last working day of the month in which the employee was in paid status. This section shall not prohibit a school district from making a payment of earned salary prior to the last working day of the pay period or of the month. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  52. 45167.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a classified employee payroll or salary error is found, the appointing authority must give the employee a correction statement and a supplemental payment within five workdays.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45167. Whenever it is determined that an error has been made in the calculation or reporting in any classified employee payroll or in the payment of any classified employee’s salary, the appointing authority shall, within five workdays following such determination, provide the employee with a statement of the correction and a supplemental payment drawn against any available funds. (Enacted by Stats. 1976, Ch. 1010.)
  53. 45168.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets a public school employer’s governing board make payroll deductions for employee organization dues or related service fees when authorized, and requires it to follow written authorization and revocation rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45168. (a) (1) Except as provided in subdivision (b), the governing board of each public school employer when drawing an order for the salary or wage payment due to a classified employee of the employer may, without charge, reduce the order by the amount that it has been requested in a revocable written authorization by an employee who is a member of the bargaining unit to deduct for the payment of dues in, or for any other service provided by, any employee organization or bona fide association, whose membership consists, in whole or in part, of employees of that employer, and that has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of those employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization. (2) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee in accordance with the terms of the authorization. Whenever there is an increase in the amount required for the payment to the employee organization, the employee organization shall provide the employee with adequate and necessary data on the increase at a time sufficiently before the effective date of the increase to allow the employee an opportunity to revoke the written authorization, if desired and permitted by the terms of the written authorization. The employee organization shall provide the school district with notification of the increase at a time sufficiently before the effective date of the increase to allow the employer an opportunity to make the necessary changes and with a copy of the notification of the increase that has been sent to all concerned employees. (3) Upon receipt of a properly signed authorization for payroll deductions by a classified employee pursuant to this section, the governing board shall reduce the employee’s pay warrant by the designated amount in the next pay period after the governing board receives the notification. (4) The governing board shall, on the same designated date of each month, draw its order upon the funds of the employer in favor of the employee organization designated by the employee for an amount equal to the total of the respective deductions made with respect to the employee organization during the pay period. (5) The governing board shall not require the completion of a new deduction authorization when a dues increase has been effected or at any other time without the express approval of the concerned employee organization. (6) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on the information provided by the employee organization to cancel or change authorizations, and the employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on that information. (7) A classified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification. (b) The governing board of each public school employer when drawing an order for the salary or wage payment due to a classified employee of the employer may, without charge, reduce the order for the payment of dues to, or for any other service provided by, the certified or recognized employee organization of which the classified employee is a member, or for the payment of service fees to the certified or recognized employee organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having the service fees deducted from the salary or wage order. (c) This section shall apply to public school employers that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2018, Ch. 53, Sec. 2. (SB 866) Effective June 27, 2018.)
  54. 45168.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district must send deducted dues or similar fees to the employee organization within 15 days after issuing the paycheck with the deduction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45168.5. (a) Notwithstanding any other law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a classified employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee. (b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section. (2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs. (c) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (d) A school district or county office of education may not request, and the state board may not grant, a waiver of compliance with this section. (Amended by Stats. 2022, Ch. 920, Sec. 8. (SB 913) Effective January 1, 2023.)
  55. 45169.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees must be given two copies of specified job and pay information when hired and whenever their classification changes, and they must sign and return one copy to their supervisor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Salaries [45160 - 45169] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 45169. Upon initial employment and upon each change in classification thereafter, each classified employee shall be furnished two copies of his class specification, salary data, assignment or work location, together with duty hours and the prescribed workweek. The salary data shall include the annual, monthly or pay period, daily, hourly, overtime and differential rate of compensation, whichever are applicable. One copy shall be retained by the employee and the other copy shall be signed and dated by the employee and returned to his supervisor. The provisions of this section shall not apply to short-term, limited-term, or provisional employees, as those terms are defined in this chapter. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  56. 45180.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “differential compensation” and “shift” for the article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 45180. For purposes of this article, the following definitions shall apply unless the context indicates otherwise: (a) “Differential compensation” means either a reduction in the number of hours required to be actually worked or an increase in salary. (b) “Shift” means the number of hours worked and shall include a duty-free meal period of not less than one-half hour which, in the case of a seven- or eight-hour shift, shall occur approximately at the midpoint of the shift. This subdivision shall not apply to employees working six hours or less, or assigned to a split shift. (Enacted by Stats. 1976, Ch. 1010.)
  57. 45181.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts’ governing boards, or merit-system personnel commissions, must as far as possible review private-sector shift differential practices and consider whether to provide comparable differentials for classified staff.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 45181. The governing board of every school district, or the personnel commission in any merit system school district, shall, insofar as it is possible to do so, determine the practices relating to morning and night shift salary differentials in the private employment fields in which it must compete for employees for its classified staff and shall consider the advisability of providing comparable salary differentials for its classified staff. (Enacted by Stats. 1976, Ch. 1010.)
  58. 45182.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may give differential pay to classified employees for distasteful, dangerous, or unique duties if the board thinks it is reasonably justified.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 45182. The governing board of any school district may provide differential compensation to those classified employees who perform duties of a distasteful, dangerous, or unique nature when, in the opinion of the board, such compensation is reasonably justified. In a merit system district, such differentials shall be based upon findings and recommendations of the personnel commission and shall not be applied in a manner contrary to the principle of like pay for like service. (Enacted by Stats. 1976, Ch. 1010.)
  59. 45183.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Duty assignments tied to differential compensation must be based on seniority among requesting employees in the appropriate class, except for temporary assignments under 20 working days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 45183. (a) Assignment of duties to bargaining unit employees for which differential compensation is designated, other than a temporary assignment of less than 20 working days, shall be made on the basis of seniority among those employees within the appropriate class who request such an assignment. (b) This section may be waived by agreement between the governing board of a school district and the exclusive representative of the unit of classified employees to be affected by the waiver. (Amended by Stats. 1995, Ch. 652, Sec. 2. Effective January 1, 1996.)
  60. 45184.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee assigned to a shift that qualifies for differential compensation cannot be demoted in class or grade because of that assignment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 45184. No employee assigned to work a shift entitled to differential compensation shall be demoted in class or grade as a result of such an assignment. (Enacted by Stats. 1976, Ch. 1010.)
  61. 45185.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An employee getting shift differential pay keeps it during a temporary reassignment of 20 working days or less to a shift that does not get the differential.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 45185. An employee receiving differential compensation on the basis of his shift shall not lose such compensation if he is temporarily, for 20 working days or less, assigned to a shift not entitled to such compensation. The regular rate of pay for all purposes of an employee assigned to a shift which provides differential compensation shall be the differential rate. (Enacted by Stats. 1976, Ch. 1010.)
  62. 45186.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says the article applies to school districts that have adopted the merit system.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Differential Compensation [45180 - 45186] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 45186. This article shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  63. 45190.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards may grant voluntary leave or vacation to classified employees, and a district must pay full compensation for an involuntary leave period if the proceedings end in the employee’s favor and the employee returns to service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45190. (a) Governing boards of school districts may grant voluntary leaves of absence and vacations, with or without pay, to persons employed in the classified service of the district. (b) If a school district places an employee on an involuntary leave of absence during the period the employee is charged with a criminal offense, is under a criminal investigation, or is waiting due to administrative delay for necessary job-related administrative determinations, then upon the conclusion of the proceedings in favor of the employee, the school district shall pay to the employee the employee’s full compensation for the period of the involuntary leave of absence upon the employee’s return to service in the school district. For purposes of this subdivision, “involuntary leave of absence” includes, but is not limited to, a compulsory leave of absence or a suspension. This subdivision shall not reduce any entitlement to paid leave or replace any relevant procedures under any other law. (c) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2023, Ch. 331, Sec. 1. (AB 472) Effective January 1, 2024.)
  64. 45191.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain classified school employees are entitled to paid sick leave, and school district boards must set proof-of-illness rules that do not discriminate on specified religious-treatment evidence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45191. (a) (1) Every classified employee employed five days a week by a school district shall be entitled to 12 days leave of absence for illness or injury and such additional days, in addition thereto, as the governing board may allow for illness or injury, exclusive of all days the classified employee is not required to render service to the school district, with full pay for a fiscal year of service. (2) A classified employee, employed five days a week, who is employed for less than a full fiscal year is entitled to that proportion of 12 days leave of absence for illness or injury as the number of months the classified employee is employed bears to 12 and the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. (3) A classified employee employed less than five days per week shall be entitled, for a fiscal year of service, to that proportion of 12 days leave of absence for illness or injury as the number of days the classified employee is employed per week bears to five and is entitled to the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. When such persons are employed for less than a full fiscal year of service this and the preceding paragraph shall determine that proportion of leave of absence for illness or injury to which they are entitled. (4) Pay for any day of absence described in paragraphs (1) to (3), inclusive, shall be the same as the pay which would have been received had the employee served during the day. Credit for leave of absence need not be accrued before taking such leave by the employee and such leave of absence may be taken at any time during the year. However, a new employee of a school district shall not be eligible to take more than six days, or the proportionate amount to which the employee may be entitled under this section, until the first day of the calendar month after completion of six months of active service with the district. (b) If the employee does not take the full amount of leave allowed in any year under this section the amount not taken shall be accumulated from year to year with such additional days as the governing board may allow. (c) The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purpose of this section. Such rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized religious sect, denomination, or organization. (d) The provisions of this section shall not apply to a school district or districts, governed by the same governing board, in which the combined average daily attendance of all school districts is in excess of 250,000, provided those school districts maintain sick leave policies not less than those in effect in those school districts on January 1, 1961. (e) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2022, Ch. 920, Sec. 9. (SB 913) Effective January 1, 2023.)
  65. 45191.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Certain qualified classified employees are entitled to paid leave of up to 12 days for treatment of a service-connected disability, with prorated leave for some part-time or partial-year employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45191.5. (a) (1) In addition to any other entitlement for leave of absence for illness or injury with pay, a classified employee hired on or after, or employed on or after, January 1, 2017, who is a former active duty member of the Armed Forces of the United States or a former or current member of the California National Guard or a federal reserve component, with a service-connected disability rated at 30 percent or more by the United States Department of Veterans Affairs, shall be entitled to leave of absence for illness or injury with pay of up to 12 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability. (2) Credit for leave of absence for illness or injury granted under this subdivision shall be credited to a qualifying classified employee on the effective date of the employee’s disability rating decision from the United States Department of Veterans Affairs, or on the first day the qualifying classified employee begins, or returns to, employment after active duty, whichever is later, and shall remain available for use for the following 12 months of employment. (3) Notwithstanding paragraph (2), credit for leave of absence for illness or injury granted under this subdivision shall be credited to a classified employee on the date the employee receives confirmation of submission of his or her disability application to the United States Department of Veterans Affairs. When the classified employee receives his or her disability rating decision from the United States Department of Veterans Affairs, the employee shall report that information to the employer. If the classified employee’s disability rating decision makes the employee ineligible pursuant to paragraph (1), the employer may change the leave of absence for illness or injury time used before the disability rating decision to an alternative leave balance. If the classified employee’s disability rating decision makes the employee eligible pursuant to paragraph (1), the employee shall be entitled to 12 days for the purpose of undergoing medical treatment, including mental health treatment, for his or her service-connected disability minus the time used before the disability rating decision, for the 12-month period beginning with the confirmation of submission of his or her disability application. (4) Leave of absence for illness or injury credited pursuant to this subdivision that is not used during the 12-month period shall not be carried over and shall be forfeited. (5) Submission of satisfactory proof that a leave of absence for illness or injury granted under this subdivision is used for treatment of a service-connected disability may be required pursuant to rules adopted by the governing board of a school district. (b) A classified employee, as described in subdivision (a) and employed five days per week, who is employed for less than a full fiscal year, is entitled to that proportion of 12 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of months he or she is employed bears to 12. (c) A classified employee, as described in subdivision (a), employed less than five days per week, shall be entitled to that proportion of 12 days’ leave of absence for illness or injury granted pursuant to subdivision (a) as the number of days he or she is employed per week bears to five. When such persons are employed for less than a full fiscal year of service, this subdivision and subdivision (b) shall determine that proportion of leave of absence for illness or injury granted pursuant to subdivision (a) to which they are entitled. (d) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater leave of absence rights to employees than the rights established under this section. (Amended by Stats. 2017, Ch. 597, Sec. 2. (SB 731) Effective January 1, 2018.)
  66. 45192.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district governing boards must set rules for industrial accident or illness leave for classified employees, and the section also sets minimum leave, pay, reemployment, and related benefit rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45192. (a) The governing board of a school district shall provide by rules and regulations for industrial accident or illness leaves of absence for employees who are a part of the classified service. The governing board of a school district that is created or whose boundaries or status is changed by an action to organize or reorganize school districts completed after the effective date of this section shall provide by rules and regulations for these leaves of absence on or before the date on which the organization or reorganization of the school district becomes effective for all purposes. (b) The rules and regulations shall include the following provisions: (1) Allowable leave shall not be for less than 60 working days in any one fiscal year for the same accident. (2) Allowable leave shall not be accumulative from year to year. (3) Industrial accident or illness leave will commence on the first day of absence. (4) Payment for wages lost on any day shall not, when added to an award granted the employee under the workers’ compensation laws of this state, exceed the normal wage for the day. (5) Industrial accident leave will be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation. (6) When an industrial accident or illness occurs at a time when the full 60 days will overlap into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. (c) The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 45191. When entitlement to industrial accident or illness leave has been exhausted, entitlement or other sick leave will then be used, but if an employee is receiving workers’ compensation, the employee shall be entitled to use only so much of his or her accumulated or available sick leave, accumulated compensating time, vacation, or other available leave as, when added to the workers’ compensation award, will provide for a full day’s wage or salary. (d) The governing board of a school district may, by rule or regulation, provide for as much additional leave of absence, paid or unpaid, as it deems appropriate and during this leave the employee may return to his or her position without suffering any loss of status or benefits. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave. (e) A period of leave of absence, paid or unpaid, shall not be considered to be a break in service of the employee. (f) During a paid leave of absence, whether industrial accident leave as provided in this section, sick leave, vacation, compensated time off, or other available leave provided by law or the action of the governing board of a school district, the employee shall endorse to the school district wage loss benefit checks received under the workers’ compensation laws of this state. The school district, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave shall be made only in accordance with this section. (g) When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee shall, if not placed in another position, be placed on a reemployment list for a period of 39 months. When available, during the 39-month period, the employee shall be employed in a vacant position in the class of the employee’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the employee shall be listed in accordance with appropriate seniority regulations. (h) The governing board of a school district may require that an employee serve or have served continuously a specified period of time with the school district before the benefits provided by this section are made available to the employee but this period shall not exceed three years and all service of the employee before the effective date of this section shall be credited in determining compliance with the requirement. (i) In the absence of rules and regulations adopted by the governing board of a school district, pursuant to this section, an employee shall be entitled to industrial and accident or illness leave as provided in this section but without limitation as to the number of days of this leave and without any requirement of a specified period of service. (j) An employee who has been placed on a reemployment list, as provided in this section, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed. (k) This section applies to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2016, Ch. 86, Sec. 63. (SB 1171) Effective January 1, 2017.)
  67. 45193.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district board may grant pregnancy-related leave to classified female employees and set related proof, timing, length, and pay rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45193. The governing board of any school district may provide for such leave of absence from duty as it deems appropriate for any female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy or convalescence following childbirth, and may adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. The board may also provide in the rules and regulations whether leave granted under this section shall be with or without pay and, if with pay, the amount, if any, to be deducted from the salary due the employee for the period in which the absence occurs. However, nothing in this section shall be construed so as to deprive any employee of sick leave rights under other sections of this code for absences due to illness or injury resulting from pregnancy. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  68. 45194.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School-district classified employees are entitled to bereavement leave of up to 3 days, or 5 days if out-of-state travel is required, and their pay and other leave balances cannot be reduced for that leave.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45194. Every person employed in the classified service of any school district shall be granted necessary leave of absence, not to exceed three days, or five days if out-of-state travel is required, on account of the death of any member of his immediate family. No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other sections of this code or provided by the governing board of the district. The governing board may enlarge the benefits of this section and may expand the class of relatives listed below as members of the immediate family. Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  69. 45195.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A permanent classified employee who has used all paid leave and is absent for a nonindustrial accident or illness may receive additional leave, and the board must notify the employee in writing and allow a request for more leave.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45195. A permanent employee of the classified service who has exhausted all entitlement to sick leave, vacation, compensatory overtime, or other available paid leave and who is absent because of nonindustrial accident or illness may be granted additional leave, paid or unpaid, not to exceed six months. The employee shall be notified, in writing, that available paid leave has been exhausted, and shall be offered an opportunity to request additional leave. The board may renew the leave of absence, paid or unpaid, for two additional six-month periods or lesser leave periods that it may provide but not to exceed a total of 18 months. An employee, upon ability to resume the duties of a position within the class to which he or she was assigned, may do so at any time during the leaves of absence granted under this section and time lost shall not be considered a break in service. The employee shall be restored to a position within the class to which the employee was assigned and, if at all possible, to his or her position with all the rights, benefits and burdens of a permanent employee. If at the conclusion of all leaves of absence, paid or unpaid, the employee is still unable to assume the duties of his or her position, the employee shall be placed on a reemployment list for a period of 39 months. At any time, during the prescribed 39 months, the employee is able to assume the duties of his or her position the employee shall be reemployed in the first vacancy in the classification of his or her previous assignment. The employee’s reemployment will take preference over all other applicants except for those laid off for lack of work or funds under Section 45298 in which case the employee shall be ranked according to his or her proper seniority. Upon resumption of his or her duties, the break in service will be disregarded and the employee shall be fully restored as a permanent employee. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1987, Ch. 529, Sec. 2.)
  70. 45196.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section limits salary deductions for certain classified employees absent because of illness or accident, and it allows districts to adopt a yearly paid sick leave rule with at least 100 working days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45196. When a person employed in the classified service is absent from his duties on account of illness or accident for a period of five months or less, whether or not the absence arises out of or in the course of employment of the employee, the amount deducted from the salary due him for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee employed to fill his position during his absence. Excepting in a district the governing board of which has adopted a salary schedule for substitute employees of the district, the amount paid the substitute employee during any month shall be less than the salary due the employee absent from his duties. Entitlement to sick leave provisions under this section, if any, shall be considered “entitlement to other sick leave” for the purposes of computing benefits under the provisions of Section 45192 if the absence is for industrial accident or illness and shall be used after entitlement to all regular sick leave, accumulated compensating time, vacation or other available paid leave has been exhausted. The foregoing provisions shall not apply to any school district which adopts and maintains in effect a rule which provides that a regular classified employee shall once a year be credited with a total of not less than 100 working days of paid sick leave, including days to which he is entitled under Section 45191. Such days of paid sick leave in addition to those required by Section 45191 shall be compensated at not less than 50 percent of the employee’s regular salary. The paid sick leave authorized under such a rule shall be exclusive of any other paid leave, holidays, vacation, or compensating time to which the employee may be entitled. Nothing in this section shall preclude the governing board from adopting such a rule. (Enacted by Stats. 1976, Ch. 1010.)
  71. 45196.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees may use sick leave for parental leave, subject to limits on duration and pay.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45196.1. (a) (1) Notwithstanding any other law, during each school year, a classified employee may use his or her sick leave for purposes of parental leave for a period of up to 12 workweeks. (2) In school districts that use the differential pay system described in the first paragraph of Section 45196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the amount deducted from the salary due him or her for any of the remaining portion of the 12-workweek period in which the absence occurs shall not exceed the sum that is actually paid a substitute employee employed to fill his or her position during his or her absence. (3) In school districts that use the differential pay system described in the last paragraph of Section 45196, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of parental leave pursuant to Section 12945.2 of the Government Code, the employee shall be compensated at no less than 50 percent of the employee’s regular salary for the remaining portion of the 12-workweek period of parental leave. (4) Regardless of the type of differential pay system used by the school district pursuant to paragraphs (2) and (3), the compensation a classified employee shall receive shall be no less than 50 percent of his or her regular salary for the remaining portion of the 12-workweek period of parental leave. (b) For purposes of subdivision (a), all of the following apply: (1) The 12-workweek period of parental leave shall be reduced by any period of sick leave, including accumulated sick leave, taken during a period of parental leave. (2) An employee shall not be provided more than one 12-workweek period for parental leave during any 12-month period. (3) Parental leave taken pursuant to this section shall run concurrently with parental leave taken pursuant to Section 12945.2 of the Government Code. The aggregate amount of parental leave taken pursuant to this section and Section 12945.2 of the Government Code shall not exceed 12 workweeks in a 12-month period. (c) This section shall be applicable whether or not the absence from duty is by reason of a leave of absence granted by the governing board of the employing school district. (d) Notwithstanding subdivision (a) of Section 12945.2 of the Government Code, a classified employee is not required to have 1,250 hours of service with the employer during the previous 12-month period in order to take parental leave pursuant to this section. (e) Nothing in this section shall be construed to diminish the obligation of a public school employer to comply with any collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code that provides greater parental leave rights to employees than the rights established under this section. (f) For purposes of this section, “parental leave” means leave for reason of the birth of a child of the employee, or the placement of a child with an employee in connection with the adoption or foster care of the child by the employee. (Amended by Stats. 2018, Ch. 994, Sec. 2. (AB 2012) Effective January 1, 2019.)
  72. 45196.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district may deduct certain insurance payments from an employee’s salary, but only if the section is specifically included in a collective bargaining agreement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45196.5. A school district may deduct from the salary otherwise payable to an employee under Section 45196 an amount which is payable, in lieu of salary and on account of the absence for illness or accident, to the employee as the beneficiary under a policy of insurance purchased by the district. This section shall not be applicable unless specifically included in a collective bargaining agreement between the exclusive representative and the school employer. (Added by Stats. 1978, Ch. 323.)
  73. 45197.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Public school employers must grant regular classified employees annual vacation and pay/credit it under the section’s rules, including lump-sum payout of earned unused vacation when service ends.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45197. (a) Every public school employer shall grant to regular classified employees an annual vacation at the regular rate of pay earned at the time the vacation is commenced. Such vacation shall be as determined by the public school employer, but not less than five-sixths of a day for each month in which the employee is in a paid status for more than one-half the working days in the month, provided the employee is regularly employed five days per week, seven to eight hours a day. An employee in a paid status for less than one-half the working days in a month shall have his vacation credit accrued on the basis provided for in subdivision (b) or (c). (b) In lieu of accrual of vacation credit on a monthly basis and proration as prescribed in subdivision (a), a district may provide for accrual of vacation credit on any of the following bases: (1) For all employees or classes of employees who work a full workweek of 40 hours the district shall provide 0.03846 hour of vacation credit for each hour of paid service, not including overtime. (2) For all employees or classes of employees who work a full workweek of 37.5 hours the district shall provide 0.04087 hour of vacation credit for each hour of paid service, not including overtime. (3) For all employees or classes of employees who work a full workweek of 35 hours the district shall provide 0.04379 hour of vacation credit for each hour of paid service, not including overtime. (c) For all employees regularly employed for fewer than 35 hours a week, regardless of the number of hours or days worked per week, the vacation credit shall be computed at the rate of 0.03846 for each hour the employee is in paid status, not including overtime. (d) Vacation may, with the approval of the employer, be taken at any time during the school year. If the employee is not permitted to take his full annual vacation, the amount not taken shall accumulate for use in the next year or be paid for in cash at the option of the governing board. (e) Earned vacation shall not become a vested right until completion of the initial six months of employment. (f) The employee may be granted vacation during the school year even though not earned at the time the vacation is taken. (g) If an employee is terminated and had been granted vacation which was not yet earned at the time of termination of his services, the employer shall deduct from the employee’s severence check the full amount of salary which was paid for such unearned days of vacation taken. (h) Upon separation from service, the employee shall be entitled to lump-sum compensation for all earned and unused vacation, except that employees who have not completed six months of employment in regular status shall not be entitled to such compensation. (i) This section shall not apply to substitute, short-term, or limited-term employees, as they are defined in Sections 45103 and 45286, unless such employees are specifically included by the public school employer. (j) The public school employer may expand the benefits provided for in this section. (k) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  74. 45198.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may keep granting leave with or without pay to noncertificated employees for other purposes or periods of time, as long as it does not take away leave the employee is entitled to by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45198. When any provision of this code expressly authorizes or requires the governing board of a school district to grant a leave of absence for any purpose or for any period of time to persons employed in positions not requiring certification qualifications, that express authorization or requirement does not deprive the governing board of the power to grant leaves of absence with or without pay to such employees for other purposes or for other periods of time, so long as the governing board does not deprive any employee of any leave of absence to which he is entitled by law. (Enacted by Stats. 1976, Ch. 1010.)
  75. 45199.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards may grant leaves of absence to certain noncertificated employees and may choose to pay compensation during the leave.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45199. Governing boards of school districts may grant leaves of absence to persons employed in positions not requiring certification qualifications, and at their discretion may pay compensation at such rate as the board prescribes, during the absence, to any such employee whose absence is caused by accident or illness, whether or not the absence arises out of or in the course of the employment of the employee, or because of quarantine which results from his contact with other persons having a contagious disease while performing his duties. (Enacted by Stats. 1976, Ch. 1010.)
  76. 45200.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards may let permanent classified employees end or pause vacation leave to start another paid leave without returning to active service, if the employee gives adequate notice and supporting information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45200. Governing boards of school districts may allow permanent classified employees to interrupt or terminate vacation leave in order to begin another type of paid leave without a return to active service, provided the employee supplies adequate notice and relevant supporting information regarding the basis for such interruption or termination. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  77. 45201.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    School district governing boards may accept an employee’s resignation and set when it takes effect, subject to the section’s timing limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45201. (a) The governing boards of any school district may accept the resignation of any employee and may fix the time when the resignation shall take effect, which, except as noted in subdivision (b), shall not be later than the close of the school year during which the resignation is received by the board. (b) Notwithstanding any other provision of law, an employee and the governing board of a school district may agree that a resignation will be accepted at a mutually agreed upon date not later than two years beyond the close of the school year during which the resignation is received by the board. (Amended by Stats. 1999, Ch. 80, Sec. 2. Effective January 1, 2000.)
  78. 45202.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    This section lets certain classified employees transfer earned illness or injury leave to a new public school employer, and it limits policies that would force them to give up transferable benefits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45202. (a) A classified employee of a school district, county superintendent of schools, state special school, or community college district who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause shall have the total amount of earned leave of absence for illness or injury that the employee accumulated with that first employing school district, community college district, county superintendent of schools, or state special school pursuant to Section 45191 or 88191 transferred to the subsequent employing school district, county superintendent of schools, community college district, or state special school. This transfer shall be in the same manner as provided for certificated employees. The subsequent employing entity shall honor a transfer request made at any time during the classified employee’s employment with that employing entity. (b) In a case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board or body of the subsequent employing entity. (c) All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the subsequent employing entity, be construed to have been served with the subsequent employing entity for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the governing board or body of the subsequent employing entity. (d) The school district, community college district, county superintendent of schools, or state special school shall not adopt a policy or rule, written or unwritten, which requires all classified employees, or any individual classification, or group of classifications of employees transferring to that school district, community college district, county superintendent of schools, or state special school to waive any part or all benefits that they may be entitled to have transferred pursuant to this section. (e) The former employing school district, county office of education, state special school, or community college district shall provide all of the following information when responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity: (1) Name and identification number for the employee requesting the transfer. (2) Contact information for that former employer. (3) The time period of the service, including start date and end date, for the employee requesting the transfer. (4) The total amount of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employer’s workday. (5) Contact information for the subsequent employing entity. (6) Signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information. (f) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 2025, Ch. 67, Sec. 52. (AB 1170) Effective January 1, 2026.)
  79. 45203.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Certain classified employees are entitled to specified paid holidays, and employees who work on those holidays must receive extra pay or compensating time off.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45203. All probationary or permanent employees that are a part of the classified service shall be entitled to the following paid holidays provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday: January 1, February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” July 4, the first Monday in September known as “Labor Day,” November 11 known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” December 25, every day appointed by the President, or the Governor of this state, as provided for in paragraphs (11) and (12) of subdivision (a) of Section 37220 for a public fast, thanksgiving, or holiday, or any day declared a holiday under Section 1318 or 37222 for classified or certificated employees. School recesses during the Christmas, Easter, and mid-February periods shall not be considered holidays for classified employees who are normally required to work during that period. However, this shall not be construed as affecting vacation rights specified in this section. For purposes of this section, “appointed by the President” includes the President signing into law legislation that creates a nationwide federal holiday, including the legal public holidays listed in subsection (a) of Section 6103 of Title 5 of the United States Code, but does not include Columbus Day. This definition is declaratory of existing law. Regular employees of the district who are not normally assigned to duty during the school holidays of December 25 and January 1 shall be paid for those two holidays provided that they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period. When a holiday listed in this section falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of these holidays, they shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half the employee’s regular rate of pay. The provisions of Article 3 (commencing with Section 37220) of Chapter 2 of Part 22 shall not be construed to in any way limit the provisions of this section, nor shall anything in this section be construed to prohibit the governing board from adopting separate work schedules for the certificated and the classified services, or from providing holiday pay for employees who have not been in paid status on the days specified herein. Notwithstanding the adoption of separate work schedules for the certificated and the classified services, on any schoolday during which pupils would otherwise have been in attendance but are not and for which certificated personnel receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day. In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on March 31 known as “Cesar Chavez Day,” a paid holiday on April 24 known as “Genocide Remembrance Day,” a paid holiday on the 15th day of the month of Kartik in the Hindu lunar calendar of each year, known as “Diwali,” and a paid holiday on the fourth Friday in September known as “Native American Day,” provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the paid holiday. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240). (Amended by Stats. 2025, Ch. 358, Sec. 4. (AB 268) Effective January 1, 2026.)
  80. 45204.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    A school district may set up weekend-and-holiday-only positions with a special salary rate, and the personnel commission or governing board may exempt those positions from Section 45203 benefits. A governing board may not use this section to create positions just to avoid overtime.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45204. Notwithstanding the provisions of Section 45203, if a school district establishes a position or class of positions for which employees are required to work exclusively on weekends and holidays, and for which a special salary rate is established that recognizes the exclusive weekend and holiday peculiarity, the employees and positions may be exempted, by the personnel commission, where applicable, or the governing board from the benefits of Section 45203. No governing board may create a position or a class of positions, under this section, to avoid payment of overtime. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  81. 45205.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may designate substitute holidays for classified employees before July 1, if the substitute days give them at least a three-day weekend.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45205. Prior to July 1 of any school year, the governing board of any school district may designate other days during such year as the holidays to which classified employees are entitled in lieu of the holidays on February 12 known as “Lincoln Day,” the third Monday in February known as “Washington Day,” the last Monday in May known as “Memorial Day,” or November 11 known as “Veterans Day” as specified in Section 45203, provided that such designated days will provide for at least a three-day weekend. Classified employees shall be required to work on the regular holiday for which another day is designated pursuant to this section, and for work of eight hours or less, shall be paid compensation at their regular rate of pay. If any classified employee would be entitled to the regular paid holiday but would not be in a paid status during any portion of the working day immediately preceding or succeeding the day so designated in lieu of such holiday and therefore would not be entitled to such day in lieu of the holiday, he shall be entitled to the regular holiday; however, if he is required to work on such holiday, he shall be paid compensation at the rate of time and one-half of his regular rate of pay in addition to the regular pay received for the holiday. This section shall not be construed to authorize the maintenance of schools on holidays other than as provided in Article 3 (commencing with Section 37220) of Chapter 2 of Part 22 of this division. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1977, Ch. 36.)
  82. 45206.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district schedules a classified employee outside a Monday-to-Friday workweek, and the employee loses a holiday, the district must give either a substitute holiday or compensation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45206. Any school district which requires any classified employee to work a workweek other than Monday through Friday, or if such classified employee consents to a workweek including Saturday or Sunday or both, pursuant to Section 44048, and as a result thereof the employee loses a holiday to which he or she would otherwise be entitled shall provide a substitute holiday for such employee, or provide compensation in the amount to which the employee would have been entitled had the holiday fallen within his or her normal work schedule. (Enacted by Stats. 1976, Ch. 1010.)
  83. 45206.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district does not make September 9 (“Admission Day”) a paid holiday for classified employees, the district must provide a substitute holiday.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45206.5. Notwithstanding any other provision of law, if the governing board of a school district does not designate September 9 known as “Admission Day” as a paid holiday for classified employees pursuant to Section 37222, the school district shall provide a substitute holiday for such employee. Such substitute holiday shall be provided as specified in Section 45205. This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter. (Amended by Stats. 1978, Ch. 992.)
  84. 45207.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees may use earned illness or injury leave for personal necessity, and school district boards must adopt proof rules without requiring advance permission for certain reasons.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45207. (a) A probationary or permanent employee may, at his or her election, use any days of absence for illness or injury earned pursuant to Section 45191 in cases of personal necessity, including any of the following: (1) Death of a member of his or her immediate family when additional leave is required beyond that provided in Section 45194 and that provided, in addition thereto, as a right by the governing board. (2) Accident, involving his or her person or property, or the person or property of a member of his or her immediate family. (3) Appearance in any court or before any administrative tribunal as a litigant, party, or witness under subpoena or any order made with jurisdiction. (4) Other reasons that the governing board may prescribe. (b) The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for the purpose of this section. The adopted rules and regulations may not require an employee to secure advance permission for leave taken for the purposes specified in paragraphs (1) and (2) of subdivision (a). Earned leave in excess of seven days may not be used in any school year for the purposes enumerated in this section, except if either of the following conditions exist: (1) A maximum number of days in excess of seven is specified for that purpose in an agreement between the exclusive representative of the employees and the school district. (2) If there is no exclusive representative of the employees, the governing board of the school district, by resolution, adopts a policy allowing earned leave in excess of seven days to be used in any school year for the purposes enumerated in this section. (c) Authorized necessity leave shall be deducted from sick leave earned under the exemption of Section 45191. (d) “Immediate family” has the same meaning as in Section 45194. (e) This section applies to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) and to school districts that may be exempted from Section 45191. (Amended by Stats. 2003, Ch. 843, Sec. 2. Effective January 1, 2004.)
  85. 45209.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Director of Employment Development administers the unemployment insurance system, subject to the referenced Unemployment Insurance Code article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45209. The Director of Employment Development is the administrator of the system of unemployment insurance, as provided in Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code. (Amended by Stats. 1977, Ch. 1252.)
  86. 45210.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board must grant certain classified employees leave without loss of pay when requested for specified public employee organization service or activities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Resignation and Leaves of Absence [45190 - 45210] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 45210. (a) (1) The governing board of a school district shall grant to a classified employee, upon request, a leave of absence without loss of compensation for the purpose of enabling the employee to serve as an elected officer of a local school district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated. (2) The leave shall include, but is not limited to, absence for purposes of attendance by the employee at periodic, stated, special, or regular meetings of the body of the organization on which the employee serves as an officer. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (b) Upon request of a recognized local school district public employee organization, or a statewide or national public employee organization with which the local organization is affiliated, the governing board of a school district shall grant a leave of absence, without loss of compensation, to a reasonable number of unelected classified employees for the purpose of enabling an employee to attend important organizational activities authorized by the public employee organization. Compensation during the leave shall include retirement fund contributions required of the school district as employer. The employee shall earn full service credit during the leave of absence and shall pay member contributions as prescribed by subdivision (a) of Section 20677 of the Government Code. (c) Following the school district’s payment of the employee for the leave of absence, the school district shall be reimbursed by the employee organization of which the employee is an elected officer or an unelected member for all compensation paid the employee on account of the leave. Reimbursement by the employee organization shall be made within 10 days after its receipt of the school district’s certification of payment of compensation to the employee. (d) The leave of absence without loss of compensation provided for by this section is in addition to the released time without loss of compensation granted to representatives of an exclusive representative by subdivision (c) of Section 3543.1 of the Government Code. The leave provided under this section shall be in addition to any leave to which public employees may be entitled by other laws or by a memorandum of understanding or collective bargaining agreement. (e) For purposes of this section, “school district” also means “county superintendent of schools.” (f) The representing employee organization shall provide reasonable notification to the employer requesting a leave of absence without loss of compensation pursuant to subdivision (a). (g) (1) A classified employee who after August 31, 1987, was absent on account of elected-officer service, shall receive full service credit in the Public Employees’ Retirement System, provided that both of the following conditions are met: (A) The employee makes a written request to the employer for a leave of absence for the period of the elected-officer service. (B) The employee organization of which the employee is an elected officer pays to the employee’s school district an amount equal to the required Public Employees’ Retirement System member and employer retirement contributions, as prescribed by this section. (2) The school district, following this written request and payment, shall transmit the amount received to the Public Employees’ Retirement System, informing it of the period of the employee’s leave of absence. The Public Employees’ Retirement System shall credit the employee with all service credit earned for the period of the elected-officer leave of absence. (3) If the employee has been compensated by the school district for the period of the service, then, as a condition to the employee’s entitlement to service credit for this period, the school district shall be reimbursed by the employee organization for the amount of the compensation. (h) Notwithstanding any other provisions of law, this section shall apply retroactively to all service as an elected officer in a public employee organization occurring after August 31, 1987. (i) This section shall not apply to an employee who is subject to a collective bargaining agreement that expressly provides for a leave of absence without loss of compensation for participation in authorized activities as an elected officer or an unelected member of the public employee organization. (Amended by Stats. 2021, Ch. 539, Sec. 3. (SB 294) Effective January 1, 2022.)
  87. 45220.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “common board,” “common administration,” and expands the meaning of districts with average daily attendance of 3,000 or more.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45220. (a) “Common board” as used in this article means a board with identical members that governs more than one school district. “Common administration” as used in this section means the administration by a person employed by governing boards of more than one district or a common board to act as chief executive officer for more than one school district. (b) The term “a district whose average daily attendance is 3,000 or greater” shall be construed to include any district which is the only district under the jurisdiction of the county superintendent of schools regardless of its average daily attendance. It shall also include districts governed by a “common board” or which use a “common administration,” as defined in this section. (Enacted by Stats. 1976, Ch. 1010.)
  88. 45221.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain classified employees in larger school districts may petition for a merit system election, and the governing board must run the election process and related notices within 120 days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45221. (a) (1) The classified employees of a school district whose average daily attendance is 3,000 or greater, may, in accordance with this article, petition the governing board of the school district to make the provisions of Article 6 (commencing with Section 45240) applicable to the school district. That petition shall read substantially as follows: “We, the undersigned classified employees of the _______________ (name of school district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to election the question of whether or not the merit (civil service) system shall become applicable to this district. NAME POSITION CLASSIFICATION” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service, as defined in Section 45103. (b) Within 120 days after receipt of the petition the governing board of the school district shall do all of the following: (1) Obtain the services of competent and qualified persons to present the pros and cons of the issue. Notwithstanding this paragraph, the classified employees who submitted the petition may select the person or persons to present the proponent position on the issue. (2) Provide adequate and ample opportunity for all of its classified personnel to attend one or more meetings at which the issue is presented. (3) (A) Having complied with paragraphs (1) and (2), conduct an election by secret ballot of its classified personnel to determine whether or not they desire to make the merit system applicable to the school district. The ballot shall read: “Shall the merit (civil service) system for classified employees be applicable in the ____________ (name of school district)? ☐ Yes ☐ No” (B) Although the ballot shall not require the employees’ signatures or other personal identifying requirements, the governing board of the school district shall devise an identification system to ensure against fraud in the balloting process while also ensuring ballot secrecy. (c) (1) The governing board of the school district shall appoint a three- or five-person tabulation committee, at least one member of which shall be a member of the governing board of the school district and at least one member of which shall be a classified employee designated by the largest exclusive representative of classified employees within the school district, to canvass the ballots and present the results to the governing board of the school district. No representative of the school district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. If a simple majority votes in favor of the merit system, that system shall become applicable in the school district. (2) The tabulation committee shall certify the results of the election to the governing board of the school district at the next regular or special meeting of the governing board of the school district following the date the committee completes tabulation of the votes. If the tabulation committee completes the tabulation on the same day that the governing board of the school district meets in regular or special session, the committee shall certify the results of the election to the governing board of the school district at that meeting. (d) If the school district communicates with classified employees in opposition to adopting the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the school district to communicate in favor of that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on adopting the system. (e) All election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 1. (AB 289) Effective January 1, 2022.)
  89. 45222.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the election is certified as successful, Article 6 applies to classified employees; it becomes fully effective once at least two personnel commission members are appointed. The commission must immediately adopt existing district rules for classified personnel until its own rules are in place, as long as they do not conflict with law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45222. Effective upon certification to a governing board by a tabulating committee that an election, as authorized in Section 45221 of this code, has been successful, all of the provisions of Article 6 (commencing with Section 45240) of this chapter that can reasonably be construed to be applicable to classified employees shall be applicable. All of the provisions of Article 6 (commencing with Section 45240) of this chapter shall become fully effective upon appointment of at least two members of the personnel commission. The commission shall immediately adopt existing rules and regulations of the district relating to classified personnel pending the establishment of its rules and which are not inconsistent with law. (Enacted by Stats. 1976, Ch. 1010.)
  90. 45223.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board with average daily attendance under 3,000 may adopt the Article 6 procedure if a majority of members vote for it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45223. The governing board of a school district whose average daily attendance is less than 3,000 may, by affirmative vote of a majority of its members, adopt the procedure set forth in Article 6 (commencing with Section 45240) of this chapter. The motion or a resolution for adoption of the system shall specify the date that the provisions of Article 6 shall be applicable to the classified employees of the district, which shall not be later than July 1 next following the date of adoption. (Enacted by Stats. 1976, Ch. 1010.)
  91. 45224.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain school district governing boards and county superintendents may adopt the Article 6 procedure if the stated voting, consent, petition, and timing conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45224. The governing board of a school district whose average daily attendance is 3,000 or more may, by affirmative vote of a majority of its members, and a county superintendent of schools, with the consent of the majority of the members of the county board of education, adopt the procedure set forth in Article 6 (commencing with Section 45240) of this chapter, provided a lawful petition has not been received as authorized in Section 45221, or may adopt the procedure at any time after a two-year period has elapsed following an unsuccessful election conducted in accordance with Section 45221 of this code. The motion, order, or resolution for adoption of the procedure shall specify the date that the provisions of Article 6 shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Enacted by Stats. 1976, Ch. 1010.)
  92. 45224.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district plan may be adopted by ballot if qualified electors petition for it and the petition meets the 10% voting threshold.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45224.5. The procedure set forth in Article 6 (commencing with Section 45240) of this chapter may also be adopted by a majority of the voting electors of the school districts assenting to the plan after it has been placed on the ballot upon the written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the governing board. The question of adoption shall be placed on the ballot at the next regular governing board member election, or the next primary or general election in a general election year, whichever is earlier after receipt of the petition by the registrar of voters. The ballot measure shall specify the date that the provisions of Article 6 (commencing with Section 45240) of this chapter shall be applicable to classified employees, which shall not be later than July 1 next following the date of adoption. (Enacted by Stats. 1976, Ch. 1010.)
  93. 45225.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If an authorized election was held and did not get a simple majority yes vote, the district’s classified employees cannot petition for another election for at least two years after the last election.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45225. When an election has been held, as authorized in this article, and fails to receive a simple majority affirmative vote, the classified employees of that district may not again petition for an election until at least two years has elapsed since the last election. (Enacted by Stats. 1976, Ch. 1010.)
  94. 45226.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person may be personally liable if they intimidate, coerce, or discriminate against a classified employee because the employee did an authorized act.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45226. Any person who intimidates, coerces, or discriminates in any way against any classified employee for the doing of any act authorized herein shall be personally liable to such employee for all damages suffered thereby and such exemplary damages as the court may allow. (Enacted by Stats. 1976, Ch. 1010.)
  95. 45227.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain positions created by a county superintendent while acting for the Fiscal Crisis and Management Assistance Team are exempt from the merit system.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Merit System Inclusion [45220 - 45227] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 45227. (a) Positions established by a county superintendent of schools, while serving as the administrative agent for the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8, to carry out the purposes of Section 42127.8 and Article 6 (commencing with Section 49080) of Chapter 6.5 of Part 27 of Division 4, including positions associated with the California School Information Services, shall be exempt from the merit system, including, but not limited to, the requirements of Sections 45261 and 45272. (b) Employees exempted from the merit system under subdivision (a) shall remain a part of the classified service and shall be afforded all statutory rights, benefits, and burdens of other classified employees employed by nonmerit system school districts or county superintendents of schools, as applicable. (Added by Stats. 2020, Ch. 24, Sec. 39. (SB 98) Effective June 29, 2020.)
  96. 45240.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district adopts this article, it must appoint a personnel commission; the personnel commission must then appoint a director after at least two members have been appointed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45240. A school district that adopts the provisions of this article in accordance with Section 45222 or 45224.5 shall appoint a personnel commission in the manner prescribed in Sections 45245, 45246 and 45247. The personnel commission shall appoint a director in the manner provided in Section 45264 after appointment of at least two members. (Amended by Stats. 2005, Ch. 547, Sec. 1. Effective January 1, 2006.)
  97. 45241.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A governing board that uses this article’s procedure must handle certain non-certificated positions only under this article, and it may not reclassify a position in a way that would force an incumbent to become credentialed when the code does not require the position to be certificated.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45241. In any district in which the procedure set forth in this article has been incorporated the governing board shall employ, pay, and otherwise control the services of persons in positions not requiring certification qualifications only in accordance with the provisions of this article. No governing board shall remove a position from the classified service by title assignment or otherwise which would then require an incumbent to be credentialed if such position is not required by this code to be designated as certificated. (Enacted by Stats. 1976, Ch. 1010.)
  98. 45243.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Districts that adopt this article must appoint a three-member personnel commission.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45243. In any district that has adopted this article there shall be appointed a personnel commission composed of three members. If two or more districts are under the jurisdiction of governing boards of identical personnel, only one commission shall be appointed. In those cases this article shall apply alike to all of the districts, and the expenses of the commission shall be paid out of the general funds of all of the districts in proportion to the benefits derived therefrom as determined by the governing board. (Amended by Stats. 2000, Ch. 1, Sec. 3. Effective February 22, 2000.)
  99. 45243.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A governing board may vote to apply this article separately to each district in a qualifying unified district/community college district setup, and affected employees keep their rights with a district-based limitation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45243.5. Notwithstanding Section 45243, in the case of a unified district and a community college district which are under the jurisdiction of governing boards of identical personnel and which had a majority of their population within an incorporated city which had a population between 70,000 and 75,000 as of the 1950 census, the governing board may, by affirmative vote of the majority of its members, elect to make the provisions of this article applicable to each of the districts individually and separately. In such cases, the expenses of the commission shall be paid out of general funds of the districts in proportion to the benefits derived therefrom as determined by the governing board. In the case of action by the governing board to make the provisions of this article applicable to each of the districts individually and separately, and notwithstanding any other provision of law, the rights of persons employed in positions not requiring certification qualifications shall continue in the same manner as if such separation had not occurred, except that such rights shall be limited to the district in which the person is employed on the day such action is taken by the governing board. For purposes of determining seniority, employment shall be deemed to have commenced as of the date of original employment in either the unified district or the community college district. (Added by Stats. 1980, Ch. 101, Sec. 1. Effective May 16, 1980.)
  100. 45244.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person may be appointed or reappointed to the commission only if they are a registered voter and resident in the school district, and a known adherent of the merit system.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45244. (a) To be eligible for appointment or reappointment to the commission a person shall meet both of the following requirements: (1) Be a registered voter and resident within the territorial jurisdiction of the school district. (2) Be a known adherent to the principle of the merit system. No member of the governing board of any school district or a county board of education shall be eligible for appointment, reappointment, or continuance as a member of the commission. During his or her term of service, a member of the commission shall not be an employee of the school district. (b) As used in this section, residence is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one residence. (c) As used in this section, “known adherent to the principle of the merit system,” with respect to a new appointee, means a person who by the nature of his or her prior public or private service has given evidence that he or she supports the concept of employment, continuance in employment, in-service promotional opportunities, and other related matters on the basis of merit and fitness. As used in this section, “known adherent to the principle of the merit system,” with respect to a candidate for reappointment, means a commissioner who has clearly demonstrated through meeting attendance and actions that he or she does, in fact, support the merit system and its operation. (Amended by Stats. 2000, Ch. 1, Sec. 4. Effective February 22, 2000.)
  101. 45245.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The district governing board appoints two personnel commission members, and those two members appoint the third.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45245. One member of the personnel commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of the district, shall be appointed by the governing board of the district. Those two members shall, in turn, appoint the third member. As used in this section, “classified employees” shall mean an exclusive representative which represents the largest number of noncertificated employees in a unit or units within the district. If there is no exclusive representative within the district, the governing board shall, by written rule, prescribe the method by which the recommendation is to be made by its classified employees. (Amended by Stats. 2000, Ch. 1, Sec. 5. Effective February 22, 2000.)
  102. 45246.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets deadlines and hearing requirements for appointing merit system members and filling vacancies, with backup appointment power for the Superintendent if the parties do not act in time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45246. (a) Within 30 days after adoption of the system, the governing board shall publicly announce its intended appointee or appointees, as appropriate, and the appointee or appointees, as appropriate, nominated by its classified employees. As soon after their appointment as practicable but within 30 days, the appointed members shall announce their intended appointee for the third member. They may consider the recommendations of the governing board, the classified employees, or other concerned citizens. If these members do not announce their intended appointee within the 30-day period, the Superintendent of Public Instruction shall make the appointment. “Adoption of the system” means, in the case of Section 45221, the day on which a successful election is certified to the governing board or, in the case of Section 45224, the day the governing board approves a motion, order, or resolution to adopt the system regardless of the date specified for operational commencement of the system. (b) Where a system is already in existence and a vacancy will exist on December 1, by not later than September 30: (1) The governing board shall publicly announce the name of the person it intends to appoint or reappoint, if the vacancy is its appointee. (2) The appointee of the governing board and the appointee or appointees of the classified employees shall publicly announce the name of the person they intend to appoint, if the vacancy is their appointee. If the governing board and the classified employees of the district are unable to agree upon a nomination by September 30, the Superintendent of Public Instruction shall make the appointment within 30 days. (c) Where a system is already in existence and a vacancy in a position nominated by the classified employees will occur, the classified employees shall submit the name of its nominee to the governing board at least 30 days before the date on which the vacancy will occur and the governing board shall appoint that nominee to be effective on the date on which the vacancy would occur. (d) At a board meeting to be held after 30 and within 45 days of the dates specified in subdivision (a) and paragraph (1) of subdivision (b), as the case may be, the governing board in open hearing shall provide the public and employees and employee organizations the opportunity to express their views on the qualifications of those persons recommended by the governing board for appointment. The board at the time may make its appointment or may make a substitute appointment or recommendation without further notification or public hearing. In the case of the nominees of the classified employees, the board shall appoint the nominee, unless the classified employees voluntarily withdraw the name of the nominee and submit the name of a new nominee. In the latter case, the board then shall appoint the new nominee. (e) If a vacancy exists because of a failure of the classified employees to agree on a nominee, the board may make an emergency appointment as authorized in subdivision (b) of Section 45248. If there is no personnel director, the board nevertheless may make an emergency interim appointment under this subdivision. (f) At the next regularly scheduled personnel commission meeting to be held after 30 days from adoption of the system, as specified in subdivision (a), or at the next regularly scheduled personnel commission meeting to be held after 30 days from the day the intended appointee is announced, as specified in paragraph (2) of subdivision (b), as the case may be, the appointee of the governing board and the appointee nominated by the classified employees shall, in an open hearing, provide the public and employees and employee organizations the opportunity to express their views on the qualifications of each candidate recommended for the vacancy. Each candidate shall be invited to this meeting. The appointee of the governing board and the appointee nominated by the classified employees may make their appointment or may make a substitute appointment or recommendation without further notification or public hearing. (g) A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed, but for no more than 90 calendar days. (Amended by Stats. 2000, Ch. 1, Sec. 6. Effective February 22, 2000.)
  103. 45247.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    New commission appointees take office when notified, with terms starting on the next December 1; three-member and five-member commissions may act once the required number of members has been appointed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45247. Appointees to a commission in a district which has newly adopted the system shall take office upon receipt of notification of appointment but the term of office shall run from noon of the first day of December next succeeding. In school districts with a three-member personnel commission, the initial appointee of the governing board shall serve a three-year term, and the term of the appointee recommended by classified employees, and the third member selected by the two other members shall be for two years and one year respectively. In school districts which have elected to establish a five-member personnel commission, one of the initial appointees of the governing board, and one of the initial appointees nominated by the classified employees shall serve three-year terms. The term of the other initial appointee of the governing board, and the other initial appointee nominated by the classified employees of the district, shall be for two years, and the term of the appointee selected by the other members of the commission shall be for one year. Subsequent terms shall be for three years commencing at noon the first day of December. A three-member commission may perform any act authorized or required by law when two members have been appointed. A five-member commission may perform any act authorized or required by law when three members have been appointed. (Amended by Stats. 1985, Ch. 723, Sec. 5.)
  104. 45248.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets who appoints to later vacancies, allows interim appointments in emergencies, and limits interim appointments to 60 days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45248. (a) Appointment to vacancies occurring subsequent to the initial appointment shall be made by the original appointing authority either for a new full term or to fill an unexpired term. The procedures required in Sections 45245 and 45246 shall be followed in the appointment and recommendation for appointment to fill vacancies occurring subsequent to the initial appointments. (b) Notwithstanding subsection (a) the governing board at the request of the personnel director shall declare that an emergency exists and shall make an interim appointment to fill a vacancy or vacancies to insure the continuance of the functions of the personnel commission. An interim appointment shall terminate on the date the notification of permanent appointment is received by the appointee. (c) An interim appointee must meet the requirements of Section 45244 and be free of the restrictions contained therein. (d) An interim appointment in no event shall be valid for more than 60 days. (Enacted by Stats. 1976, Ch. 1010.)
  105. 45249.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets certain classified employees petition for an election on how personnel commission members are appointed, and sets election, notice, committee, and appointment procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45249. (a) (1) After January 1, 2001, the classified employees of any school district that has already adopted this article on September 17, 1965, may, in accordance with this article, petition the governing board to request that the process to determine how personnel commission members are appointed be determined by a majority vote of the classified employees entitled to vote. That petition shall read substantially as follows: “We, the undersigned classified employees of the ____________ (name of school district), constituting 15 percent or more of the classified personnel entitled to vote, request the governing board to submit to an election the question of how personnel commission members shall be appointed. NAME ____ POSITION CLASSIFICATION _____________” (2) “Classified employee,” as used in this section, shall be construed to include all personnel who are a part of the classified service as defined in Section 45103. (b) (1) Within 90 days after receipt of a petition pursuant to subdivision (a), the governing board shall conduct an election by secret ballot of its classified personnel to determine the following question and the ballot shall read: “Shall personnel commission members in the ____________ (name of school district) be appointed as follows: (A) One member appointed by the governing board of the district. (B) One member appointed by the classified employees of the district. (C) Those two members shall, in turn, appoint the third member. ____ Yes ____ No” (2) Although the ballot conducted pursuant to paragraph (1) shall not require the employees’ signatures or other personal identifying requirements, the governing board shall devise an identification system to ensure against fraud in the balloting process. (3) The governing board shall appoint a three- to five-person tabulating committee. At least one member of the committee shall be a member of the governing board, to canvass the ballots and present the results to the governing board and one member shall be a classified employee nominated by the exclusive representative of the classified employees of the district. If a simple majority votes in favor of the process for appointing personnel commission members, that process shall become applicable in the district as follows: (A) The first vacancy on the commission shall be filled by a person nominated by the classified employees of the district. (B) The second vacancy on the commission shall be filled by a person appointed by the governing board of the district. (C) The third vacancy of the commission shall be appointed by the first two members. (4) If the ballot conducted pursuant to paragraph (2) fails to pass, personnel commission members shall be appointed in accordance with the procedure described in subdivision (c), and a petition by the classified employees for another election shall not occur sooner than two years after an election. (c) (1) Subject to subdivisions (a) and (b), in a school district that has already adopted this article on September 17, 1965, members of the personnel commission shall be appointed by the Superintendent of Public Instruction who shall consider the recommendation of the governing board and other interested parties. Subsequent appointments shall be made in accordance with this section. (2) No later than 90 days before making the appointment, the Superintendent of Public Instruction shall notify the classified employees and the governing board, in writing, of the vacancy on the personnel commission and provide them with guidelines and procedures for making a recommendation and challenging a nomination. If a vacancy occurs during the term of a member of the personnel commission, the superintendent may appoint a new member after providing the foregoing notice no later than 30 days before making the appointment. A commissioner whose term has expired may continue to discharge the duties of the office until a successor is appointed but for no more than 90 calendar days. (d) As used in this section, “classified employees” means an organization of classified employees that represents the greatest number of classified employees of the district as determined by the board. If no organization exists within the district, the governing board, by written rule, shall prescribe the method by which the recommendation is to be made by its classified employees. (Amended by Stats. 2000, Ch. 488, Sec. 1. Effective January 1, 2001.)
  106. 45250.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board may authorize payment to commission members, capped at $50 per meeting and $250 per month.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45250. The governing board may authorize payment to members of the commission an amount not to exceed fifty dollars ($50) per meeting and not to exceed two hundred fifty dollars ($250) per month. (Amended by Stats. 1985, Ch. 723, Sec. 7.)
  107. 45251.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A governing board in a unified school district with average daily attendance over 250,000 may authorize payment to commission members, capped at $100 per meeting and $500 per month.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45251. In a unified school district with an average daily attendance in excess of 250,000, the governing board may authorize payment to members of the commission an amount not to exceed one hundred dollars ($100) per meeting, and not to exceed five hundred dollars ($500) per month. (Amended by Stats. 2022, Ch. 920, Sec. 10. (SB 913) Effective January 1, 2023.)
  108. 45252.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board must provide the commission with suitable office accommodations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45252. The governing board shall provide the commission with suitable office accommodations. (Enacted by Stats. 1976, Ch. 1010.)
  109. 45253.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must prepare and submit its annual budget through a public process, and the county superintendent may review, reject, or amend it under specified procedures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45253. (a) The commission shall prepare an annual budget for its own office which, upon the approval of the county superintendent of schools, shall be included by the governing board in the regular budget of the school district. The annual budget of the commission may include amounts for the purposes of Section 45255. (b) The budget shall be prepared for a public hearing by the commission to be held not later than May 30 of each year, or at a date agreed upon between the governing board and the personnel commission to coincide with the process of adoption of the school district budget. The commission shall forward a copy of its proposed budget to the governing board indicating the time, date and place for the public hearing of the budget and shall invite board and district administration representatives to attend and present their views. The commission shall fully consider the views of the governing board prior to adoption of its proposed budget. The commission shall then forward its proposed budget to the county superintendent of schools for action. (c) If the county superintendent of schools proposes to reject the budget as submitted by the commission of a school district, he or she shall, within 30 days after the commission’s submission of the budget, hold a public hearing on the proposed rejection within the affected district. He or she shall have informed both the commission and the governing board of the date, time and place of the hearing. He or she may after the public hearing either reject, or, with the concurrence of the commission, amend the proposed budget. In the absence of agreement between the personnel commission and the county superintendent, the budget of the preceding year shall determine the amount of the new budget, and the items of expenditure shall be determined by the commission. (d) If the county superintendent of schools proposes to reject the budget as submitted by the personnel commission of a county office of education, the county superintendent shall contract with the Office of Administrative Hearings of the State of California for an administrative law judge to conduct a public hearing on the proposed rejection. The administrative law judge shall render findings and any proposed amendments, if any, to the proposed budget. The personnel commission may accept or reject the findings and proposed amendments. If the personnel commission rejects the findings and proposed amendments, if any, of the administrative law judge, the budget of the preceding year shall determine the amount of the new budget, and the items of expenditure shall be determined by the commission. (e) The procedures of subdivision (d) apply if an individual serves as both the county superintendent of schools and the superintendent of a school district within the county. (Amended by Stats. 1995, Ch. 652, Sec. 3. Effective January 1, 1996.)
  110. 45254.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The first-year personnel commission budget is set by the commission and the school district governing board; if they cannot agree, the commission sends its proposed budget to the county superintendent, who sets the budget using comparison averages. The governing board must also provide funds for the commission’s work.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45254. The budget for the first year of the personnel commission of the school district shall be determined by the personnel commission, in conjunction with the governing board of the school district. In the absence of an agreement between the personnel commission and the governing board, the commission shall forward its proposed budget to the county superintendent of schools, who shall determine the budget based upon the average of personnel commission budgets of the same type of school districts that have comparable enrollment within the county. In the absence of comparable school districts within the county, comparable statewide averages shall be used. The governing board shall provide funds to support the work of the personnel commission. (Amended by Stats. 1993, Ch. 368, Sec. 1. Effective January 1, 1994.)
  111. 45255.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may spend funds on its staff’s orientation, training, retraining, and development, and for other purposes allowed by Article 9.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45255. The commission may, with respect to the staff of the commission, expend funds for their orientation, training, retraining, and development and for any purpose prescribed by Article 9 (commencing with Section 45380) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)
  112. 45256.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must classify employees and positions in the school district’s classified service, subject to listed exemptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45256. (a) The commission shall classify all employees and positions within the jurisdiction of the governing board of the school district or of the commission, except those that are exempt from the classified service, as specified in subdivision (b). The employees and positions shall be known as the classified service. “To classify” shall include, but not be limited to, allocating positions to appropriate classes, arranging classes into occupational hierarchies, determining reasonable relationships within occupational hierarchies, and preparing written class specifications. (b) All of the following are exempt from the classified service: (1) Positions that require certification qualifications. (2) Full-time students employed part time. (3) Part-time students employed part time in a college work-study program, or in a work experience education program conducted by a community college district pursuant to Article 7 (commencing with Section 51760) of Chapter 5 of Part 28 of Division 4 and that is financed by state or federal funds. (4) Apprentice positions. (5) Positions established for the employment of professional experts on a temporary basis for a specific project by the governing board of the school district or by the commission when so designated by the commission. (c) (1) Employment of either full-time or part-time students in a college work-study program, or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services. (2) Nothing in this section shall prevent an employee, who has attained regular status in a full-time position, from taking a voluntary reduction in time and retaining his or her regular status under the provisions of this law. (d) A person whose contribution consists solely in the rendition of individual personal services and whose employment does not come within the scope of the exceptions listed above shall not be employed outside the classified service. (e) A part-time position is one for which the assigned time, when computed on an hourly, daily, weekly, or monthly basis, is less than 871/2 percent of the normally assigned time of the majority of employees in the classified service. (f) An employee employed by a school district in a part-time playground position as of the effective date of the laws placing part-time playground positions into the classified service shall be deemed a permanent employee of the school district without placement on an eligibility list under Section 45272 or examination under Section 45273. (Amended by Stats. 2018, Ch. 488, Sec. 1. (AB 2160) Effective January 1, 2019.)
  113. 45256.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may designate certain classified positions as senior management, and those decisions are reviewable by the Public Employment Relations Board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45256.5. (a) The governing board of a school district may adopt a resolution designating certain positions as senior management of the classified service. Notwithstanding the provisions of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the decision of the governing board shall not be deemed a matter subject to negotiation, but shall be subject to review by the Public Employment Relations Board. (b) Employees whose positions are designated as senior management of the classified service shall be a part of the classified service and shall be afforded all rights, benefits, and burdens of other classified employees, except that they shall be exempt from all provisions relating to obtaining permanent status in a senior management position. (c) Positions in the senior management of the classified service shall be filled from an unranked list of eligible persons who have demonstrated managerial ability who have been found qualified for the positions as specified by the district superintendent and determined by the personnel commission. (d) Notice of reassignment or dismissal from a position in the senior management of the classified service shall be provided in accordance with the provisions of Section 35031. (Amended by Stats. 1983, Ch. 1302, Sec. 16.5. Effective September 30, 1983.)
  114. 45258.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Positions for community representatives in advisory or consulting roles are treated as part of the classified service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45258. Positions established for the employment of community representatives in advisory or consulting capacities shall be considered part of the classified service. (Repealed and added by Stats. 2018, Ch. 297, Sec. 2. (AB 2261) Effective January 1, 2019.)
  115. 45259.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district positions restricted to disabled applicants must be labeled “restricted,” treated as part of the classified service, and the employees in them face limits on status, seniority, and promotion until they meet Section 45105(c).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45259. If the governing board of any school district establishes positions and restricts initial appointment of new employees to mentally, physically, or developmentally disabled persons, then such positions shall, in addition to the regular class title, be classified as “restricted.” The positions shall be part of the classified service and persons so employed shall be classified employees for all purposes except they shall not be subject to the provisions of Section 45272 or 45273, and that they shall not acquire permanent status or seniority credit and shall not be eligible for promotion into the regular classified service until they have complied with the provisions of subdivision (c) of Section 45105. (Amended by Stats. 1981, Ch. 151, Sec. 1.)
  116. 45260.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may make and interpret merit-system rules, but must give reasonable notice before adopting rules that affect represented classified employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45260. (a) The commission shall prescribe, amend, and interpret, subject to this article, such rules as may be necessary to insure the efficiency of the service and the selection and retention of employees upon a basis of merit and fitness. The rules shall not apply to bargaining unit members if the subject matter is within the scope of representation, as defined in Section 3543.2 of the Government Code, and is included in a negotiated agreement between the governing board and that unit. The rules shall be binding upon the governing board, but shall not restrict the authority of the governing board provided pursuant to other sections of this code. (b) No rule or amendment which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the public school employer of the classified employees who would be affected have been given reasonable notice of the proposal. (Amended (as amended by Stats. 1982, Ch. 1514, Sec. 1) by Stats. 1984, Ch. 521, Sec. 6.)
  117. 45261.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The rules must set procedures for the governing board on classified-service personnel matters, and bargaining-unit rules must match any negotiated agreement for negotiable matters.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45261. (a) The rules shall provide for the procedures to be followed by the governing board as they pertain to the classified service regarding applications, examinations, eligibility, appointments, promotions, demotions, transfers, dismissals, resignations, layoffs, reemployment, vacations, leaves of absence, compensation within classification, job analyses and specifications, performance evaluations, public advertisement of examinations, rejection of unfit applicants without competition, and any other matters necessary to carry out the provisions and purposes of this article. (b) With respect to those matters set forth in subdivision (a) which are a subject of negotiation under the provisions of Section 3543.2 of the Government Code, such rules as apply to each bargaining unit shall be in accordance with the negotiated agreement, if any, between the exclusive representative for that unit and the public school employer. (Amended by Stats. 1977, Ch. 1014.)
  118. 45262.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must adopt rules within one year after the merit system is adopted and give each new regular employee a handbook about the basic rules, working conditions, and where to find the full rules and merit system information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45262. (a) The rules of the commission and copies of this article shall be printed and made available or electronically transmitted to each school, office, and permanent worksite where employees report, and shall be distributed to school libraries for loan to employees. (b) Within one year of the adoption of the merit system, the commission shall adopt rules pursuant to Section 45260 and shall give to each new regular employee a handbook that summarizes the basic rules and working conditions for classified employees and provides information regarding access to copies of the complete rules and the merit system. (Amended by Stats. 2005, Ch. 547, Sec. 2. Effective January 1, 2006.)
  119. 45263.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may classify certain positions as apprentice positions, but the training plan must be approved by the relevant apprenticeship authority.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45263. The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and practice, specific duties concerning which a definite plan of systematic instruction and special supervision has been approved by the California Apprenticeship Council for a designated trade in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other designated trades. The apprenticeship training plan adopted by the governing board of the school district must be approved by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. No assignment to any position classified as an apprentice position shall be allowed to continue beyond the predetermined apprenticeship period approved by the California Apprenticeship Council for the designated trade, except that the school district’s joint apprenticeship committee may approve retention of an employee as an apprentice up to six months beyond the predetermined apprentice period. Selection of eligibles shall be made in accordance with their position on employment lists established by competitive or qualifying examinations. The provisions of Section 45134 shall be applicable to apprentice positions, provided that relative age may be considered as a factor in the ranking of candidates for apprentice positions. Credit for prior training in a regularly indentured apprenticeship program shall be given to qualified candidates. In all cases of apprenticeship probationary periods, the standards of duration and qualifications shall be fixed by the commission insofar as they do not exceed the maximum standards set up by the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. Termination for cause may be prescribed for any apprentice who fails to attain the predetermined standards of apprenticeship or for causes as prescribed by the rules of the commission. The commission shall recommend to the governing board a graduated scale of compensation rates for the various levels of apprentices, taking into consideration the percentage relationship to the districts’ journeyman wage of the trade as provided in the statement of policies of the California Apprenticeship Council for building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations for other trades. The commission may determine that promotional examinations shall be held for entrance into various levels of apprentice positions and entrance into journeyman positions in a skilled trade. (Amended by Stats. 2018, Ch. 704, Sec. 2. (AB 235) Effective September 22, 2018.)
  120. 45264.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must appoint a personnel director within 90 days after a merit system is adopted, and it must appoint and supervise the commission-paid employees under the section’s rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45264. The commission shall appoint a personnel director within 90 days after the adoption of a merit system from an eligibility list established from a competitive examination given under the auspices of the commission. The commission shall appoint all employees paid from funds budgeted for the support of the commission and shall supervise the activities of those employees that are performed as part of the functions of the commission. Such employees shall be appointed from eligibility lists established pursuant to the provisions of this article, be classified employees of the school district and be accorded all the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, including representation by the appropriate exclusive representative, if any. (Amended (as amended by Stats. 1981, Ch. 784, Sec. 5) by Stats. 1984, Ch. 521, Sec. 8.)
  121. 45265.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A personnel commission in a small district or county superintendent’s office may contract for a qualified personnel director with another qualifying public employer, with employee consent, and the contract is limited to two years at a time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45265. Notwithstanding the provisions of Section 45264, the personnel commission, in a school district or a county superintendent of schools office employing 100 or fewer classified employees, may, with the consent of a majority of the classified employees, contract for the services of a qualified personnel director with another school district having the merit (civil service) system, or a city or a county governmental agency if the city or county has a civil service system for the management of its employee personnel. Such a contract shall be for not more than two years and may be extended, with the approval of a majority of the classified employees, for additional periods not to exceed two years at one time. If at the end of any contract period the district or county superintendent’s office is employing more than 100 classified employees, the personnel commission shall then comply with the provisions of Section 45264. A contract approved under the provisions of this section shall become null and void in the event of district reorganization when the provisions of the contract, if continued in force would supersede or be in conflict with the provisions of Sections 45119 or 45120. (Enacted by Stats. 1976, Ch. 1010.)
  122. 45266.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The personnel director must carry out classified personnel administration for the commission, stay impartial, serve as commission secretary, and prepare an annual report. If the director brought a disciplinary action against an employee, the director must not advise or recommend action to the commission on that appeal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45266. (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in conformity with this article and the rules of the commission, and shall be free of prejudgment or bias in order to ensure the impartiality of the commission. He or she shall also act as secretary of the commission and shall prepare, or cause to be prepared, an annual report which shall be sent by the commission to the governing board. (b) A personnel director shall not advise or make recommendations to the commission regarding any disciplinary action appealed to the commission under Section 45305, if the personnel director is the party who brought the action against the employee. (Amended by Stats. 1985, Ch. 730, Sec. 1.)
  123. 45267.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Several listed Education Code sections apply to employees of school districts that have adopted a merit system under this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45267. The provisions of Sections 45123, 45124, 45160, 45198, 45199, 45201, and 45202 are applicable to the employees of school districts which have adopted a merit system pursuant to the procedure set forth in this article. This section is declaratory of existing law. The sections here enumerated are to be construed and applied in the same manner and with the same effect as when they were applicable to the employees of such school districts prior to the enactment of Section 45100 by Chapter 1267 of the Statutes of 1959, and in accordance with the applicable provisions of this article and the rules of the Personnel Commission. (Enacted by Stats. 1976, Ch. 1010.)
  124. 45268.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must recommend salary schedules for classified employees, and the governing board may approve, amend, or reject those recommendations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45268. The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these recommendations. No amendment shall be adopted until the commission is first given a reasonable opportunity to make a written statement of the effect the amendments will have upon the principle of like pay for like service. No changes shall operate to disturb the relationship which compensation schedules bear to one another, as the relationship has been established in the classification made by the commission. (Enacted by Stats. 1976, Ch. 1010.)
  125. 45269.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person continuously employed in a classified-service position for six months before the procedure is adopted is treated as permanently classified service.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45269. Any person who has been continuously employed in a position defined as a position in the classified service for a period of six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to be in the permanent classified service. No layoff or suspension of service during the time when the schools of the district are not in session shall count as an interruption of continuous service. (Enacted by Stats. 1976, Ch. 1010.)
  126. 45270.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    People employed by a school district for less than six months before the article’s procedure is adopted are treated as probationary employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45270. All persons who have been continuously employed by a school district for less than six months immediately preceding the date on which the procedure set forth in this article is adopted shall be deemed to hold their positions under probationary classification. (Enacted by Stats. 1976, Ch. 1010.)
  127. 45271.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain employees moving between certificated and classified service are deemed to change status without examination, keep full seniority rights, and may become permanent or probationary certificated employees depending on time served.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45271. Any employee serving in a certificated position whose position is by virtue of change of law or based upon an evaluation made pursuant to subdivision (a) of Section 44065 of the duties of the employee and subject to Section 45285 shall be deemed to be in the classified service shall without examination become a member of the classified service in accordance with the terms of Sections 45269 and 45270. Full seniority rights shall be retained, except that no seniority credit shall be allowed by virtue of previous certificated service in case of layoff for lack of funds or lack of work. Any employee serving in a classified position whose position is by virtue of change of law deemed to be in the certificated service shall without examination become an employee of the certificated service and shall be deemed to have the necessary certification qualifications for that position. Full seniority rights will be retained, except that no seniority credit will be allowed by virtue of previous classified service in case of layoff for lack of funds or lack of work. Any such person who has been continuously employed in a regular position in the classified service for the length of time necessary to acquire permanency as a certificated employee shall be deemed to be a permanent certificated employee of the district. Any such person serving in a regular position in the classified service for an amount of time less than that deemed to be necessary to acquire permanency as a certificated employee shall be a certificated probationary employee of the district. That regular classified service shall be considered as probationary service toward the attainment of permanency by a certificated employee of the district. (Amended by Stats. 1995, Ch. 652, Sec. 5. Effective January 1, 1996.)
  128. 45272.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets rules for filling classified-service vacancies, promotional exams, eligibility lists, executive-secretarial exemptions, and a return right when an exempt executive-secretarial job ends.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45272. (a) All vacancies in the classified service shall be filled pursuant to this article and the rules of the commission, from applicants on eligibility lists which, wherever practicable, as determined by the commission, shall be made up from promotional examinations, or appointments may be made by means of transfer, demotion, reinstatement, and reemployment in accordance with the rules of the commission. All applicants for promotional examinations shall have the required amount of service in classes designated by the commission or meet the minimum qualifications of education, training, experience, and length of service, which shall be determined by the commission to be appropriate for the class for which they have applied. Any promotional applicant who has served the required amount of time in a designated class or who meets the minimum qualifications for admission to a promotional examination shall be admitted to the examination. The commission shall place applicants on the eligibility lists in the order of their relative merit as determined by competitive examinations. The final scores of candidates shall be rounded to the nearest whole percent for all eligibles. All eligibles with the same percentage score will be considered as having the same rank. Appointments shall be made from the eligibles having the first three ranks on the list who are ready and willing to accept the position. (b) Upon the request of a majority of the members of the governing board of a district, the commission may exempt one or more executive secretarial positions from the requirements of this section. Exemptions authorized under this subdivision shall be limited to executive secretarial positions reporting directly to members of the governing board, the district superintendent, or not more than four principal deputies of the district superintendent, or all of these positions. Any person employed in an exempt executive secretarial position shall continue to be afforded all of the rights, benefits, and burdens of any other classified employee serving in the regular service of the district, except he or she shall not attain permanent status in an executive secretarial position. Positions of executive secretary shall be filled from an unranked list of eligible employees who have been found to be qualified for the positions as specified by the district superintendent and determined by the personnel commission. Any person whose services in an executive secretarial position are discontinued for a cause other than a cause for disciplinary action specified in this code or in a rule of the commission shall have the right to return to a position in a classification he or she previously occupied or, if that classification no longer exists, in a similar classification, as determined by the commission. Nothing contained in this section shall authorize the selection of eligible candidates in circumvention of the affirmative action programs of any school district. (Amended by Stats. 1995, Ch. 652, Sec. 6. Effective January 1, 1996.)
  129. 45273.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Oral and other examinations must be objective, relate to job performance, and follow several rules for board membership, recording, and confidentiality.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45273. Examinations shall be administered objectively, and shall consist of test parts that relate to job performance. For classes of positions deemed by the commission to require an oral examination, the oral examination board shall include at least two members. Where a structured objective examination is to be administered to the entire field of candidates, a single member oral examination board may be utilized. A “structured objective examination” means, for this purpose, an examination for which the examiner exercises no discretion in the selection of the questions or in the evaluation of the answers. Unless specifically directed to evaluate candidates’ technical knowledge and skills, the oral examination board shall confine itself to evaluating general fitness for employment in the class. When the oral examination board is directed to evaluate technical knowledge and skills, at least two members of the board shall be technically qualified in the specified occupational area. Members of the governing board or personnel commission shall not serve on an oral examination board. A district employee may serve on an oral examination board if he or she is not at the first or second level of supervision over a vacant position in the class for which the examination is held. The personnel commission shall provide for the proceedings of all oral examinations to be electronically recorded. In no case will an oral examination board be provided with confidential references on employees of the district who are competing in promotional examinations. Scores achieved by the candidate on other parts of the examination shall not be made available to the oral examination board. (Amended by Stats. 1995, Ch. 652, Sec. 7. Effective January 1, 1996.)
  130. 45274.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The personnel commission must keep examination records for at least 90 days after an eligibility list is promulgated, and the commission must set procedures for candidates to review and protest examinations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45274. Examination records, including any recordings and the rating sheet of each member of the oral board for each candidate, shall be retained by the personnel commission for a period of not less than 90 days after promulgation of an eligibility list. The commission shall prescribe procedures whereby candidates may review and protest any part of an examination. In promotional examinations for classes for which continuous examination procedures have not been authorized, the review and protest period shall be held prior to regular appointment from the eligibility list. Examination records shall not be available to the public or to any person for any purpose not directly connected with the examination and shall be considered confidential but shall, within reasonable time limits, be made available to a candidate or his or her representative. (Amended by Stats. 1995, Ch. 652, Sec. 8. Effective January 1, 1996.)
  131. 45276.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board must set duties for classified positions, and the commission must approve qualification requirements before a vacancy exam announcement is issued.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45276. The governing board shall fix the duties of all positions a part of the classified service as required by Section 45109. The board may recommend the minimum educational and work experience requirements for classified positions to the personnel commission. Minimum qualification requirements shall be subject to approval of the commission. In approving minimum educational and work experience requirements for classified positions, the commission shall insure that such requirements reasonably relate to the duties of the position, as established by the governing board, and that they will admit an adequate field of competition. No requirements may be approved which unduly or unreasonably restrict the field of competition. The position duties shall be prescribed by the board and qualification requirements for the position class shall be prepared and approved by the commission, required by this section, prior to issuance of an announcement calling for a competitive examination to fill position vacancies. (Enacted by Stats. 1976, Ch. 1010.)
  132. 45277.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Recruitment bulletins must state any special requirements for the job, and provisional appointments can be used in limited circumstances.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45277. Appointments may be made from other than the first three ranks of applicants on the eligibility list when the ability to speak, read, or write a language in addition to English or possession of a valid driver’s license is a requirement of the position to be filled. The recruitment bulletin announcing the examination shall indicate the special requirements which may be necessary for filling one or more of the positions in the class. Where such a position is to be filled, using the authority of this section, the appointment shall be made from among the highest three ranks of applicants on the appropriate eligibility list who meet the special requirements and who are ready and willing to accept the position. If there are insufficient applicants who meet the special requirements, an employee who meets the special requirements may receive provisional appointments which may accumulate to a total of 90 working days. Successive provisional appointments of 90 working days or less each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission finds that the requirements of subdivisions (a) and (b) of Section 45288 have been met. These appointments may continue for the period of the provisional appointment, but may not be additionally extended if certification can later be made from an appropriate eligibility list. (Amended by Stats. 1984, Ch. 781, Sec. 1.)
  133. 45277.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For the Los Angeles Unified School District, appointments can be made outside the first three ranks only when listed special requirements are needed for the job, and the recruitment bulletin must state those requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45277.5. Notwithstanding Section 45277, for the Los Angeles Unified School District, the following shall apply: (a) An appointment may be made from other than the first three ranks of eligible applicants on the eligibility list if one or more of the following are required for successful job performance of a position to be filled: (1) The ability to speak, read, or write a language in addition to English. (2) A valid driver’s license. (3) Specialized licenses, certifications, knowledge, or ability, as determined by the personnel commission of the school district, that cannot reasonably be acquired during the probationary period. (4) A specific gender, if it is a bona fide occupational qualification. (b) The recruitment bulletin announcing the examination shall indicate the special requirements that may be necessary for filling one or more of the positions in the classification. If a position is to be filled using the authority of this section, the appointment shall be made from among the highest three ranks of eligible candidates on the appropriate eligibility list who meet the special requirements of the position and who are ready and willing to accept the position. (c) If there are insufficient applicants who meet the special requirements, an employee who meets the special requirements may receive provisional appointments that may accumulate to a total of 90 working days. Successive provisional appointments of 90 working days or fewer each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission of the school district finds that the requirements of subdivisions (a) and (b) of Section 45288 have been met. These appointments may continue for the period of the provisional appointment, but shall not be additionally extended if certification can later be made from an appropriate eligibility list. (d) This section applies only to the following classifications: (1) Principal financial analyst. (2) Principal administrative analyst. (3) Senior administrative analyst. (4) Senior administrative assistant. (5) Senior financial analyst. (6) Information technology electronic communications technician. (7) Senior human resource specialist. (8) Any classifications that have been designated as management or confidential. (e) The school district that makes an appointment pursuant to this section shall study the effectiveness of the selection method, the vacancy rates for each class, and the length of time to hire for each class, and submit a report on its findings to any affected labor union. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date. (Amended by Stats. 2020, Ch. 67, Sec. 1. (AB 1859) Effective January 1, 2021. Repealed as of January 1, 2027, by its own provisions.)
  134. 45278.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain job and transfer notices must be posted at employee work locations, and sometimes mailed to absent employees who asked for notice.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45278. (a) Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations shall be posted at all work locations of employees who may be affected, not later than 15 working days prior to the closing date of filing appropriate applications, together with the normal use of newspapers and bulletins for public notice for open or promotional vacancies. If the subject of those notices affects a probationary or permanent classified employee who will not be reporting at his or her work location during periods when that employee is not normally required to work, including Christmas, Easter, summer recesses, and other paid or unpaid leaves of absences, including vacations, and who has previously requested notification, those notices shall be mailed to the employee. However, the failure of an employee to receive that notice shall not invalidate any procedure, if in fact the notice was placed in the U.S. mail and postage paid. (b) (1) Subdivision (a) does not apply to a school district that publishes and distributes to all work locations examination bulletins at least once each month, provided that records of employee requests for transfer and change of location are maintained and that the names of all candidates for transfer and change of location to a vacancy are certified to the appointing authority along with names of appropriate applicants from employment lists. (2) A school district may publish and distribute pursuant to paragraph (1) by electronic means. (c) The personnel commission shall establish procedures for the maintenance of employee requests for transfer, change of location, change of shift, and notification of forthcoming examinations. (Amended by Stats. 2005, Ch. 547, Sec. 5. Effective January 1, 2006.)
  135. 45279.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A governing board may reassign a regular employee who cannot do his class duties because of illness or injury to other duties the employee can perform.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45279. A regular employee who is determined by the governing board to be incapable of performing the duties of his class because of illness or injury may, at the discretion of the governing board, be assigned duties which he is capable of performing. The position to which he is assigned shall be subject to classification by the personnel commission, but the employee shall receive no increase in a wage or salary because of his assignment to the position unless he is appointed from an eligibility list resulting from a competitive examination. In the event that the position is classified and allocated to a higher wage or salary than that previously attained by the employee, he may be assigned to the position without competitive examination, but shall continue to receive the wage or salary of his former classification. If the position is classified and allocated to a lower wage or salary than that attained by the employee, he shall be paid the wage or salary appropriate to the position. (Enacted by Stats. 1976, Ch. 1010.)
  136. 45280.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must adopt rules requiring a simultaneous open competitive and promotional examination for certain business manager positions, with related eligibility and credit rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45280. The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the position of business manager or for any other single position class which it declares to be at or above the level of business manager. It shall require that all educational and work experience requirements be developed to fit the needs of the position in such a manner that the position will attract competent and qualified applicants from within the classified service, among certificated personnel, or other persons meeting the minimum requirements established for the position. Such rule shall provide: (a) that all permanent employees of the district, classified and certificated, who meet the established minimum qualifications, shall be eligible to compete in the examination as promotional candidates; (b) that promotional credits, including seniority credits, if any, shall be equally applicable to both classified and certificated promotional candidates; (c) that eligibility lists resulting from such an open competitive and promotional examination shall be merged according to the order of the examination scores into a single eligibility list, after the scores of each candidate on the promotional list have been adjusted for promotional credits, including seniority credits, if any; and (d) that the examination for any such position shall not be construed to be an entrance level position examination. (Enacted by Stats. 1976, Ch. 1010.)
  137. 45281.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may make rules to allow certain governing-board employees to compete in promotional examinations for classified-service positions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45281. The commission may by rule provide for the competition of persons employed by the governing board in positions required to have certification qualifications in promotional examinations for positions in the classified service. (Enacted by Stats. 1976, Ch. 1010.)
  138. 45283.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A personnel commission may create area eligibility lists for certain large school districts, and those lists must last at least one year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45283. In any school district that has geographical boundaries encompassing more than 200 square miles and that divides the area it serves into smaller areas for assignment of classified personnel, the personnel commission may establish area eligibility lists in those areas where the district eligibility list is exhausted. Appointments to positions within the area shall be made from the first three ranks of persons on the area eligibility list, as determined by the commission, who are ready and willing to accept the position. The life of the new area eligibility list shall be not less than one year. The life of the list may be extended for up to an additional period of two years at the discretion of the commission. Seniority for the purpose specified in Section 45308 shall continue to be districtwide. (Amended by Stats. 1995, Ch. 652, Sec. 10. Effective January 1, 1996.)
  139. 45284.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may, before an examination, authorize hiring from the open competitive eligibility list ahead of the promotional list if the open-list candidate scores higher under the stated comparison rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45284. When an open competitive examination and a promotional examination for a particular class are held at the same time, the commission may prior to the examination authorize certification for employment of candidates from the open competitive eligibility list before the promotional eligibility list has been exhausted if the candidate on the open list has a higher score before adjustment for preferential credits than the score of the highest available candidate on the promotional list after seniority credits have been added. (Amended by Stats. 1977, Ch. 535.)
  140. 45285.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The personnel commission may reclassify certain employees with their positions when a class is reclassified upward, but an employee reclassified in this way cannot be reclassified again for at least two years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45285. (a) When all of the positions in a class are reclassified to a higher class, the incumbents of the positions who have been in the class for two or more years may be reclassified with their positions by the personnel commission. When a portion of the positions within a class are reclassified to a higher class, an incumbent who has a continuous employment record of two or more years in one or more of the positions being reclassified may be reclassified with his or her position as provided by personnel commission rule. (b) The basis for reclassification of the position shall be a gradual accretion of duties and not a sudden change occasioned by a reorganization or the assignment of completely new duties and responsibilities. Determinations as to gradual accretion shall be on the basis of guidelines provided by personnel commission rules. (c) An employee who has been reclassified with his or her position is ineligible for subsequent reclassification with his or her position for a period of at least two years from the initial action. (Amended by Stats. 2003, Ch. 181, Sec. 1. Effective January 1, 2004.)
  141. 45285.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may not adopt a position classification or reclassification plan that would affect represented classified employees until notice is given to the bargaining representative and the public school employer.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45285.5. No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted by the commission until the exclusive bargaining representative and the public school employer of the classified employees who would be affected have been given reasonable notice of the proposed classifications or reclassifications. (Added by Stats. 1982, Ch. 1514, Sec. 4.)
  142. 45286.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For limited-term appointments, the appointing power must submit a request stating the expected duration, and the commission may set rules for limited-term employees and authorize an emergency extension of up to one year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45286. Whenever the appointing power shall require the appointment of a person to a position, the duration of which is not to exceed six months, or, in case of an appointment in lieu of an absent employee, is not to exceed the authorized absence of said employee, the appointing power shall submit a request in which the probable duration of the appointment is stated. Eligibles shall be certified in accordance with their position on the appropriate employment list and their willingness to accept appointment to such position as limited-term employees. Limited-term employees shall be subject to conditions affecting status and tenure during and after employment that the commission may by rule determine. Notwithstanding these limitations on the duration of these positions, the commission may, based on a declaration of an emergency by the President of the United States or the Governor, authorize an extension that may not exceed one year. The duties of the extended position must be related to the emergency. (Amended by Stats. 2000, Ch. 1, Sec. 8. Effective February 22, 2000.)
  143. 45287.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees may get provisional appointments when no eligibility list exists, but only up to 90 working days before a 90-calendar-day waiting period applies. In general, no one may serve in provisional capacities for more than 126 working days in one fiscal year, with a part-time-position exception when no eligible person is available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45287. When no eligibility list exists for a position in the classified service, an employee may receive provisional appointments which may accumulate to a total of 90 working days. A 90-calendar-day interval shall then elapse during which the person will be ineligible to serve in any full-time provisional capacity. No person shall be employed in provisional capacities under a given governing board for a total of more than 126 working days in any one fiscal year, except that when no one is available on an appropriate eligibility list for a part-time position, as defined in Section 45256, successive 90 working days provisional appointments may be made to the part-time position for a total of more than 126 working days in any one fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  144. 45288.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The personnel commission may extend a provisional employee’s assignment by up to 36 working days if specified conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45288. The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days provided the following requirements are met: (a) An examination for the class was completed during the first 90 working days of his provisional assignment. (b) Evidence satisfactory to the personnel commission is presented indicating: (1) That an adequate recruitment effort has been and is being made. (2) That extension of the provisional assignment is necessary to carry on vital functions of the district. (3) That the position cannot be satisfactorily filled by use of other employment lists or procedures. (Enacted by Stats. 1976, Ch. 1010.)
  145. 45289.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section allows provisional appointments of 90 working days or less in a class when there is no appropriate eligibility list, if continuous examination procedures have been authorized by the commission.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45289. Successive provisional appointments of 90 working days or less each may be made in any class in the absence of an appropriate eligibility list; provided, that continuous examination procedures for the class have been authorized by the commission. Such successive provisional appointments may be made and persons employed in temporary capacities under a given governing board for a total of more than six months in any one year. Such appointments may continue for the length of time for which they were made, but may not be extended if a certification can be made from an appropriate eligibility list. While this section is in effect, it shall supersede any other provisions of this article (commencing at Section 45240) which are in conflict with this section, but only to the extent there is a conflict. (Enacted by Stats. 1976, Ch. 1010.)
  146. 45290.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The appointing power may make temporary appointments of up to 15 working days in an actual emergency when eligible candidates are not immediately available.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45290. The appointing power may, to prevent the stoppage of public business when an actual emergency arises and persons on eligibility lists are not immediately available, make appointments for a period not to exceed 15 working days, in accordance with commission rule. (Enacted by Stats. 1976, Ch. 1010.)
  147. 45291.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Successive eligibility lists may be combined during their first year, and eligible candidates from a newer list may be ranked with a merged list if the lists were prepared under sufficiently similar conditions and techniques.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45291. Combinations of successive eligibility lists may be made during their first year. Eligibles on lists established within the first year of the life of another list may be placed in the order of their relative excellence in the examination on the like list, if lists so merged have been promulgated under conditions and techniques which are sufficiently similar to preserve their competitive character. (Enacted by Stats. 1976, Ch. 1010.)
  148. 45292.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may set up continuous examinations for applicants in both open and promotional examinations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45292. The commission may provide for the continuous examination of applicants for both open and promotional examinations. (Amended by Stats. 1995, Ch. 652, Sec. 11. Effective January 1, 1996.)
  149. 45293.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employers or appointing authorities may not ask applicants or certified appointment candidates about political or religious opinions, affiliations, or other protected bases, and may not discriminate on that basis, except where Section 12940 allows otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45293. No questions relating to political or religious opinions or affiliations, or relating to any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, shall be asked of any applicant, or any candidate whose name has been certified for appointment, nor shall any discrimination be exercised therefor, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 4. Effective January 1, 2005.)
  150. 45294.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines who counts as a “veteran” and what “armed forces” means for this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45294. “Veteran” as used in this article means any person who has served in the United States armed forces in time of war, or national emergency declared by the President of the United States of America, and who has been discharged or released under conditions other than dishonorable, proof of which shall be submitted to the commission at the time of the examination. “Armed forces” means the United States Air Force, Army, Navy, Marine Corps, Space Force, or Coast Guard. (Amended by Stats. 2022, Ch. 379, Sec. 3. (AB 1715) Effective January 1, 2023.)
  151. 45295.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “disabled veteran” for this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45295. “Disabled veteran” as used in this article means any veteran, as defined in Section 45294, who is currently declared by the United States Veterans Administration to be 10 percent or more disabled as a result of service in the armed forces. Proof of disability shall be deemed conclusive if it is of record in the United States Veterans Administration. (Enacted by Stats. 1976, Ch. 1010.)
  152. 45296.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Veterans who meet the service and passing-mark conditions for entrance examinations get extra credit, with disabled veterans getting more credit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45296. In the case of all entrance examinations, veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark established for the examination, shall be allowed an additional credit of five points and disabled veterans shall be allowed an additional credit of 10 points, which shall be added to the percentages attained in the examinations by the veterans. Veterans shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentages attained by them in examinations after the credit of five points, or 10 points in the case of disabled veterans, is added. (Enacted by Stats. 1976, Ch. 1010.)
  153. 45297.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Employees returning from qualifying military service can request a comparable examination and may be placed on the original eligibility list; reserve and National Guard members may also get additional federal rights.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45297. (a) Whenever, during the absence of an employee of a school district, or student body association operating under Sections 48930 to 48937, inclusive, in the active military service of the United States of America during any period of national emergency declared by the President of the United States of America, or during any war in which the United States of America is engaged, the position held by the employee at the time of his or her entrance into that military service is placed within the classified service of the district and an eligible list is established for the position through competitive examination, the employee shall, at his or her request made within six months after leaving that active military service under honorable conditions, be given forthwith an examination of substantially the same character and scope as the competitive examination through which the original eligibility list was established. The grade secured by the employee in that examination shall be deemed to be the grade he or she would have secured had he or she taken the competitive examination as a veteran, and the employee shall be placed on the original eligibility list accordingly with all the rights and privileges to which he or she would have been entitled had he or she had that place on the original eligibility list at the time of its establishment. (b) Notwithstanding subdivision (a), any member of the Military Reserve or the National Guard who is called to active duty, either voluntarily or involuntarily, during any period of national emergency declared by the President of the United States of America, or during any war in which the United States of America is engaged, shall be entitled to any rights, in addition to the rights accorded under subdivision (a), that are accorded that member under the federal Veterans’ Reemployment Rights Law or any other applicable provision of federal law. (Amended by Stats. 1992, Ch. 303, Sec. 1. Effective January 1, 1993.)
  154. 45298.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Some laid-off employees are eligible for reemployment for 39 months, get preference over new applicants, and may participate in promotional exams. Certain employees who take voluntary demotion or reduced hours in lieu of layoff keep similar reemployment rights, subject to stated conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45298. (a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as follows: (1) The person’s reemployment shall take preference over new applicants. (2) The person shall have the right to participate in promotional examinations within the district during the period of 39 months. (3) If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period. The remaining time period shall be calculated as the time remaining in the 39-month period as of the date of reemployment. (b) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff or to remain in his or her present position rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months, provided that the same tests of fitness under which the employee qualified for appointment to the class still apply. The personnel commission shall make the determination of the specific period eligibility for reemployment on a class-by-class basis. (c) An employee who takes a voluntary demotion or a voluntary reduction in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in his or her former class or to a position with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list the employee shall be ranked on that list in accordance with his or her proper seniority. (Amended by Stats. 2012, Ch. 586, Sec. 1. (AB 2307) Effective January 1, 2013.)
  155. 45300.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Eligibility lists generally last at least one year, but they can be ended early in some exhaustion cases, set for six months with personnel commission approval, or extended for up to two additional years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45300. Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before a year has expired. Eligibility lists may be established for a period of six months upon the approval of the personnel commission as long as the six-months’ duration of such a list is noted in the recruitment bulletin announcing the examination. If a list is exhausted for appointments to current vacancies, through use and eligibles being unavailable, the commission may, upon the recommendation of the officer charged with certifying eligibles, and after due notice to eligibles who may have made themselves unavailable for appointment, terminate it before the expiration date. A list may be extended for an additional period of two years or less at the discretion of the commission. (Amended by Stats. 1995, Ch. 652, Sec. 12. Effective January 1, 1996.)
  156. 45301.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets probationary periods for classified employees before they can get permanent status, and lets the commission set longer probation for certain classes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45301. (a) A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may establish a probationary period in a class not to exceed one year for classes designated by the commission as executive, administrative, or police classes. To receive permanent classified service status, each full-time peace officer and public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training shall serve in a probationary status for a period not less than one year from their date of appointment to that full-time position. (b) An employee shall not attain permanent status in the classified service until the employee has completed a probationary period in a class. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position shall be employed in the classification from which the employee was promoted. In any case the rules of the commission may provide for the exclusion of time while employees are on a leave of absence. The rights of appeal from disciplinary action before attainment of permanent status in the classified service shall be in accordance with Section 45305. (c) To the extent that this section, as amended by Senate Bill 874 of the 2021–22 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Senate Bill 874 of the 2021–22 Regular Session shall not apply to the school district until expiration or renewal of that collective bargaining agreement. (Amended by Stats. 2023, Ch. 131, Sec. 33. (AB 1754) Effective January 1, 2024.)
  157. 45302.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person in the permanent classified service cannot be demoted or removed unless the commission has designated reasonable cause by rule; layoffs for lack of work or lack of funds are not barred.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45302. No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to the efficiency of the service. This section shall not be construed to prevent layoffs for lack of work or lack of funds. (Enacted by Stats. 1976, Ch. 1010.)
  158. 45303.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees may be suspended and dismissed under law for specified causes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45303. In addition to any causes for suspension or dismissal which are designated by rule of the commission, employees in the classified service shall be suspended and dismissed in the manner provided by law for any one or more of the following causes: (a) Knowing membership by the employee in the Communist Party. (b) Conduct specified in Section 1028 of the Government Code. (Amended by Stats. 1987, Ch. 1452, Sec. 388.5.)
  159. 45304.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets a school district suspend, demote, or dismiss an employee for reasonable cause, and requires written charges and notice of appeal rights to be given on a set timeline.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45304. (a) For reasonable causes, an employee may be suspended without pay for not more than 30 days, except as provided in this section, or may be demoted or dismissed. In this case, the school district shall, within 10 days of the suspension, demotion, or dismissal, file written charges with the commission. The personnel director shall give to the employee or deposit in the United States registered mail with postage prepaid, addressed to the employee at his or her last known place of address, a copy of the charges and inform the employee of his or her appeal rights. (b) Whenever an employee of a school district or county office of education is charged with a mandatory leave of absence offense, as defined in subdivision (a) of Section 44940, the governing board of the school district shall immediately place the employee upon a compulsory leave of absence for a period of time extending for not more than 10 days after the date of entry of the judgment in the proceedings. Once the employee is placed on leave of absence, he or she is subject to the provisions of Section 44940.5. (c) Whenever an employee of a school district or county office of education is charged with an optional leave of absence offense, as defined in subdivision (b) of Section 44940, the governing board of the school district may immediately place the employee upon a compulsory leave of absence in accordance with the provisions of Section 44940.5. (Amended by Stats. 2000, Ch. 1, Sec. 9. Effective February 22, 2000.)
  160. 45305.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain permanent classified employees may appeal suspension, demotion, or dismissal to the commission within 14 days by filing a written answer.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45305. Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. Such an appeal is not available to an employee who is not in the permanent classified service except as provided by rules of the commission. An employee in the permanent classified service who has not served the time designated by the commission as probationary for the class may be demoted to the class from which promoted without recourse to an appeal or hearing by the commission, except as otherwise provided by rules of the commission; and provided, that such demotion does not result in the separation of the employee from the permanent classified service. Nothing in this section shall operate to alter the protections guaranteed under Section 45309. (Enacted by Stats. 1976, Ch. 1010.)
  161. 45306.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission must investigate an appeal, may require more evidence, and may order a hearing; an accused employee can request a hearing and has the right to appear with counsel and defend themselves.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45306. The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee shall, order a hearing. The accused employee shall have the right to appear in person or with counsel and to be heard in his own defense. The decision shall not be subject to review by the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  162. 45307.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the commission sustains the employee, it may order compensation and reinstatement, and the board must comply with the written decision.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45307. If the commission sustains the employee, it may order paid all or part of his full compensation from the time of suspension, demotion, or dismissal, and it shall order his reinstatement upon such terms and conditions as it may determine appropriate. The commission may modify the disciplinary action, but may not make the action more stringent than that approved by the board. In addition, the commission may direct such other action as it may find necessary to effect a just settlement of the appeal, including, but not limited to, compensation for all or part of the legitimate expenses incurred in pursuit of the appeal, seniority credit for off-duty time pending reinstatement, transfer or change of location of the employee, and expunction from the employee’s personnel record of disciplinary actions, cause, and charges which were not sustained by the commission. Upon receipt of the commission’s written decision the board shall forthwith comply with the provisions thereof. When the board has fully complied with the commission’s decision it shall so notify the commission in writing. (Enacted by Stats. 1976, Ch. 1010.)
  163. 45308.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classified employees can be laid off for lack of work or funds, and layoffs and reemployment must follow seniority-based rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45308. (a) Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in order of seniority. (b) (1) For purposes of this section, in school districts with an average daily attendance below 250,000 for service commencing or continuing after July 1, 1971, “length of service” means all hours in paid status, whether during the school year, a holiday, recess, or during any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis as provided for in Section 45128. Nothing in this section shall preclude the governing board of a school district from entering into an agreement with the exclusive representative of the classified employees that defines “length of service” to mean the hire date. For purposes of this section, in school districts with an average daily attendance of 250,000 or more, for service commencing or continuing after January 1, 1986, “length of service” shall be determined by the date of hire. (2) If a governing board enters into an agreement with the exclusive representative of classified employees that defines “length of service” to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of employee not represented by any exclusive bargaining unit. (c) This section does not preclude the granting of “length of service” credit for time spent on unpaid illness leave, unpaid maternity leave, unpaid family care leave, or unpaid industrial accident leave. In addition, for military leave of absence, “length of service” credit shall be granted pursuant to Section 45297. In the event an employee returns to work following any other unpaid leave of absence, no further seniority shall be accrued for the time not worked. (d) “Hours in paid status” shall not be interpreted to mean any service performed before entering into a probationary or permanent status in the classified service of the school district except service in restricted positions as provided in this chapter. (Amended by Stats. 2022, Ch. 920, Sec. 11. (SB 913) Effective January 1, 2023.)
  164. 45309.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may reinstate or reemploy a permanent classified employee who resigned, if it acts within 39 months of the employee’s last paid service and without further competitive examination.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45309. Any permanent classified employee of a school district who voluntarily resigns from his permanent classified position may be reinstated or reemployed by the governing board of the district, within 39 months after his last day of paid service and without further competitive examination, to a position in his former classification as a permanent or limited-term employee, or as a permanent or limited-term employee in a related lower class or a lower class in which the employee formerly had permanent status. If the governing board elects to reinstate or reemploy a person as a permanent employee under the provisions of this section, it shall disregard the break in service of the employee and classify him as, and restore to him all of the rights, benefits and burdens of a permanent employee in the class to which he is reinstated or reemployed. (Enacted by Stats. 1976, Ch. 1010.)
  165. 45310.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    District governing boards may not issue salary or wage warrants for classified employees unless the assignment has the personnel director’s certification. The commission may later stop salary warrants after a public hearing if it finds a violative appointment, and violations can lead to dismissal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45310. No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to any employee in the classified service unless the assignment bears the certification of the personnel director that the person named in the assignment has been employed and assigned pursuant to this article and the rules of the commission. Whenever the commission, after a public hearing, finds that any appointment has been made in violation of this article or the rules of the commission as they apply to examination procedures, the commission may order that no salary warrant shall thereafter be drawn to the employee so appointed, for services rendered after the date of said order. Any violation of this article or the rules of the commission as they apply to examination procedures shall constitute grounds for the dismissal of the employee or employees guilty of such violation. (Enacted by Stats. 1976, Ch. 1010.)
  166. 45311.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may hold hearings and use investigative powers, including subpoenas, requiring records or information, administering oaths, and inspecting governing board records.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45311. The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths. It may, at will, inspect any records of the governing board that may be necessary to satisfy itself that the procedures prescribed by the commission have been complied with. Hearings may be held by the commission on any subject to which its authority may extend as described in this article. (Enacted by Stats. 1976, Ch. 1010.)
  167. 45312.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The commission may delegate hearings or investigations, but must hire a judge for certain disciplinary cases involving egregious misconduct and a minor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45312. (a) (1) The commission may authorize a hearing officer or other representative to conduct any hearing or investigation that the commission itself is authorized by this article to conduct. Any such authorized person conducting the hearing or investigation may administer oaths, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses to be taken in the manner prescribed by law for similar depositions in civil cases in the superior court of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. The commission may instruct the authorized representative to present findings or recommendations. The commission may accept, reject, or amend any of the findings or recommendations of the authorized representative. Any rejection or amendment of findings or recommendations shall be based either on a review of the transcript of the hearing or investigation or upon the results of the supplementary hearing or investigation as the commission may order. (2) For disciplinary cases against classified employees involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990, the commission shall hire a judge, as defined in Section 44990, to conduct any hearing or investigation that the commission itself is authorized by this article to conduct. The judge’s ruling shall be binding upon all parties. (3) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011 of this code, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077 of this code. (4) The term “representative of the respondent,” within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative. (b) The commission may employ hearing officers or other representatives by contract, or as professional experts or otherwise, and may adopt and amend rules and procedures as necessary to effectuate this section. (Amended by Stats. 2018, Ch. 996, Sec. 3. (AB 2234) Effective January 1, 2019.)
  168. 45313.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The governing board’s legal counsel must represent the commission unless there is a conflict of interest; if counsel does not respond within 15 working days, that counts as a refusal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45313. (a) Except as provided in subdivision (b), the legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to a written request by the commission for aid or representation within 15 working days of receipt of the written request, the legal counsel is deemed to have refused to aid or represent the commission in that matter. (b) (1) The legal counsel shall refuse to represent the commission in circumstances in which the legal counsel knows, or has reason to know, that at the time the request is made a conflict exists between the interests of the commission and the interests of the governing board or the school district. (2) Notwithstanding any other provision of this article, a member of the commission may also declare that a conflict exists between the interests of the commission and the interests of the governing board or the school district. A conflict shall not be found pursuant to this paragraph unless approved by a majority vote of the members of the commission. (c) If the legal counsel or the commission finds that a conflict exists, or if the legal counsel otherwise refuses to aid or represent the commission in a legal matter, the commission may employ its own attorney, and the reasonable cost of the attorney shall constitute a legal charge against the general funds of the school district. (Amended by Stats. 2020, Ch. 48, Sec. 1. (AB 2234) Effective January 1, 2021.)
  169. 45317.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person who willfully or through culpable negligence breaks this article can be guilty of a misdemeanor. The section also makes it unlawful to interfere with examination, application, or employment rights, falsify examination results or standing, or share secret exam information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45317. Any person who willfully or through culpable negligence violates any of the provisions of this article is guilty of a misdemeanor. It is also unlawful for any person: (a) Willfully by himself or in cooperation with another person to defeat, deceive, or obstruct any person with respect to his right of examination, application, or employment under this article or commission rule. (b) Willfully and falsely to mark, grade, estimate, or report upon the examination or proper standing of any person examined or certified under this article or commission rule, or to aid in so doing, or make any false representation concerning the same or the person examined. (c) Willfully to furnish to any person any special or secret information regarding contents of an examination for the purpose of either improving or injuring the prospects or chances of any person examined, or to be examined under this article or commission rule. (Enacted by Stats. 1976, Ch. 1010.)
  170. 45318.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain school districts, noncertificated employees must be employed under the city and county charter merit system if one exists, and they get the rights granted by that system; the school district board may fix their duties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45318. In every school district coterminous with the boundaries of a city and county, except for those paraprofessionals excluded from the charter provisions by a resolution adopted by the governing board of that district pursuant to Section 45100, employees not employed in positions requiring certification qualifications shall be employed, if the city and county has a charter providing for a merit system of employment, pursuant to the provisions of that charter providing for that system and shall, in all respects, be subject to, and have all rights granted by, those provisions; provided, however, that the governing board of the school district shall have the right to fix the duties of all of its noncertificated employees. (Amended by Stats. 1991, Ch. 287, Sec. 2.)
  171. 45319.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section lets a school district’s merit system be terminated through petition-and-election procedures, and sets voting thresholds, ballot timing, and election safeguards.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45319. (a) A merit (civil service) system within a school district may be terminated by one of the following methods: (1) (A) If the governing board of a school district, or a county board of education, receives a written petition of qualified electors not less in number than 10 percent of the number voting in the last election for a member of the board calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years or has been imposed pursuant to the terms of Section 45119 or 45120, the board shall order the county superintendent of schools to place the question of termination of the system on the ballot at the next regular governing board member election, or county board of education member election, or the next primary or general election in a general election year, whichever is the earlier after receipt by the county superintendent of schools. (B) The statement of purpose of the election shall read: “Shall the merit (civil service) system for school employees not requiring certification qualifications, as provided for in Article 6 (commencing with Section 45240) of Chapter 5 of Part 25 of Division 3 of Title 2 of the Education Code of the State of California, and which has been in operation for at least five years, be terminated by the ____ School District of ____ County (or counties, where appropriate), or by the County Office of Education of ____ County on ____ (date to be specified by board)?” (C) The petition calling for the election, to be valid, shall contain the statement of purpose for the election as contained in this section. (2) (A) If the governing board of a school district, or the county board of education, receives a written petition from 40 percent of the classified employees entitled to vote calling for the termination of the merit (civil service) system and the system has been in operation for not less than five years or has been imposed pursuant to the terms of Section 45119 or 45120, the governing board of the school district shall conduct an election by secret ballot of its classified personnel to determine whether or not they desire to have the merit system terminated within the school district. The ballot shall read: “Shall the merit (civil service) system for classified employees be terminated in the ____ (name of school district, or county office of education) as of ____ (termination date)?” (B) As used in this subdivision, “classified employees” means all personnel who are a part of the classified service who are appointed in accordance with Section 45272. (C) In order to be valid, the petition calling for the termination of the merit (civil service) system shall be submitted to the governing board of the school district within 90 days after the date that the notice for the circulation of the petition was filed with the governing board of the school district. The election shall be held during the regular school year and shall be held no earlier than 45 days and no later than 180 days after the date that the petition was submitted to the governing board of the school district. (D) If the merit system was adopted pursuant to Section 45224.5, classified employees entitled to vote in an election pursuant to this paragraph shall be limited to those classified employees who reside in the school district. (E) The governing board of the school district shall devise an identification system designed to protect against fraud in the balloting process while also ensuring ballot secrecy. In addition, the governing board of the school district shall appoint a three-member tabulation committee consisting of one member of the governing board of the school district, one member of the personnel commission of the school district, and one member who shall be a classified employee of the school district designated by the largest exclusive representative of classified employees within the school district. It shall be the responsibility of the tabulation committee to canvass the election ballots and to certify the results of the election to the governing board of the school district at the next regular meeting of the governing board of the school district following the completion of the tabulation of the election ballots by the committee. No representative of the school district shall make any marks upon the ballot envelope or ballot of any employee, except that the tabulation committee may adopt a system of uniformly stamping in a consistent manner and in the same location on all ballots received or all ballots counted, or both of those, to help ensure an accurate count. (F) Notwithstanding any other law, the governing board of the school district shall not be required to provide release time for classified personnel to vote in an election conducted pursuant to this paragraph. The governing board of the school district shall not conduct an election under this paragraph more than once in any two-year period. (G) Members of the classified service shall be provided an adequate and ample opportunity to be informed of the arguments in favor of and in opposition to the termination of the merit (civil service) system before the conducting of an election called pursuant to this paragraph. That opportunity shall include an open forum during which proponents of, and opponents to, the termination of the merit (civil service) system shall be permitted to debate the issue. (b) If the school district communicates with classified employees in favor of terminating the merit (civil service) system, it shall provide at least equal time and equal access to any exclusive representative of classified employees within the school district to communicate against terminating that system. Nothing in this chapter shall be construed as limiting the rights of an exclusive representative under the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code) for access to communicate its position on terminating the system. (c) (1) It shall be unlawful for a public school employer and the exclusive representative of the classified employees of a school district to include the subject of the termination of the merit (classified service) system within the scope of representation. (2) Notwithstanding paragraph (1) or any other law, all election procedures not specified above for an election pursuant to this section shall be within the scope of representation of an exclusive representative under Section 3543.2 of the Government Code, including the rules for campaigning, the election date, time, and place, translation of the ballot, electioneering near the polls, and balloting methods. (Amended by Stats. 2021, Ch. 88, Sec. 2. (AB 289) Effective January 1, 2022.)
  172. 45320.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a majority votes to end the merit system, the personnel commission stops functioning and the governing board must adopt new rules for classified school employees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Merit System [45240 - 45320] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 45320. If the majority of the qualified electors vote to terminate the merit system in a school district, or a county office of education, or if the majority of the classified employees vote to terminate the merit system in a school district, or a county office of education the personnel commission shall cease to function on the date specified in the election and the law pertaining to merit system districts, or county offices of education shall cease to have any force or effect in that district or county office of education. Simultaneously, with the termination of the merit system, the governing board shall adopt rules and regulations relating to classified school employees as required by Section 45113. Notwithstanding an action to terminate the merit system in a school district, or county office of education, the provisions of Section 45221, 45223, and 45224 shall be applicable at any time after at least two years have elapsed after the system has ceased to operate. (Amended by Stats. 1982, Ch. 188, Sec. 2.)
  173. 45330.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Paraprofessionals [45330- 45330.] ( Article 6.5 added by Stats. 2002, Ch. 1080, Sec. 2. )

    Verify source ↗

    This section defines paraprofessionals and sets qualification rules for paraprofessionals who assist in instruction, especially those funded by Title I.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6.5. Paraprofessionals [45330- 45330.] ( Article 6.5 added by Stats. 2002, Ch. 1080, Sec. 2. ) ## 45330. (a) As used in this section, a paraprofessional means a person who assists classroom teachers and other certificated personnel in instructing reading, writing, and mathematics. A paraprofessional includes an instructional aide as defined in subdivision (a) of Section 45343 and a teacher aide as described in Section 45360. (b) A paraprofessional shall perform only duties that, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. These duties shall not include assignment of grades to pupils. (c) Pursuant to the federal No Child Left Behind Act of 2001 (P.L. 107-110), a local education agency that receives funding from Title I of that act shall ensure that every paraprofessional hired on or after January 8, 2002, who is supported by those Title I funds and who assists in instruction has demonstrated at least one of the following in addition to any other requirements under that act: (1) Completion of at least two years of study at an institution of higher education. (2) Possession of an associate’s degree or higher. (3) Through a local or state assessment, that is appropriate to the responsibilities to be assigned to the paraprofessional, knowledge of, and ability to assist in, instructing reading, writing, and mathematics. (d) Except as provided in subdivision (h), a paraprofessional hired prior to January 8, 2002, who is supported by federal funds from Title I of the federal No Child Left Behind Act of 2001 (P.L. 107-110) shall meet the requirements of subdivision (c) no later than January 8, 2006. (e) No person shall be initially assigned to assist in instruction as a paraprofessional in kindergarten and grades 1 to 12, inclusive, unless the person has demonstrated proficiency in reading, writing, and mathematics skills up to or exceeding that required by the employing district for high school seniors pursuant to subdivisions (a) and (f) of Section 51220 if the employing district educates high school pupils. (f) If the employing district is an elementary school district, the paraprofessional shall demonstrate proficiency in reading, writing, and mathematics skills up to or exceeding that required for high school seniors pursuant to subdivisions (a) and (f) of Section 51220 in the high school district that includes all or the largest portion of the elementary district. (g) In establishing the educational qualifications or in developing a proficiency exam, a school district shall align the qualifications and proficiency exams pursuant to paragraph (3) of subdivision (c). (h) A paraprofessional who is supported by federal funds from Title I of the federal No Child Left Behind Act of 2001 (P.L. 107-110) and who meets either of the following conditions is exempt from the requirements described in paragraphs (1) to (3), inclusive, of subdivision (c): (1) The paraprofessional is proficient in English and a language other than English and provides services primarily to enhance participation of pupils by acting as a translator. (2) The paraprofessional’s duties consist solely of conducting parental involvement activities. (i) A paraprofessional who was hired on or before January 1, 2003, and who has previously demonstrated, through a local assessment, knowledge of, and an ability to assist in, instructing reading, writing, and mathematics, is deemed to have met the proficiency exam requirements of paragraph (3) of subdivision (c). (j) A school district may use an existing proficiency assessment or may develop a new proficiency assessment to meet the requirements of paragraph (3) of subdivision (c). (k) Pursuant to the federal No Child Left Behind Act of 2001 (P.L. 107-110), a local education agency may use a portion of the funds from that act for staff development for paraprofessionals, to the extent that those funds are appropriated in the annual Budget Act for this purpose. (Amended by Stats. 2011, Ch. 296, Sec. 68. (AB 1023) Effective January 1, 2012.)
  174. 45340.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This article may be cited as the Instructional Aide Act of 1968, and it applies to certain listed personnel who perform instructional aide duties.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45340. This article may be cited as the Instructional Aide Act of 1968. The provisions of this article shall apply to personnel referred to in Sections 35021, 44833, 44835, 54422, 54481, 54482, 54525, or any other section heretofore or hereafter enacted, who perform the duties of instructional aides. (Enacted by Stats. 1976, Ch. 1010.)
  175. 45341.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states that instructional aides should be employed to help classroom teachers and other certificated personnel support pupils more effectively.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45341. The Legislature recognizes the need to provide classroom teachers and other certificated personnel with more time to teach and to provide the means for them to utilize their professional knowledge and skills more effectively in the educational programs of the public schools. It is the intent of the Legislature to authorize the employment of instructional aides in order that classroom teachers and other certificated personnel may draw upon the services of such aides to assist them in ways determined to be useful in improving the quality of educational opportunities for pupils. (Enacted by Stats. 1976, Ch. 1010.)
  176. 45342.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Instructional aides may not be used to raise pupil-to-teacher ratios in schools, school districts, or the state.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45342. Instructional aides shall not be utilized to increase the number of pupils in relation to the number of classroom teachers in any school, any school district, or in the state. Notwithstanding the foregoing provisions, class size ratios existing in special education classes prior to November 13, 1968, may be maintained or decreased, but not increased, by use of instructional aides. All instructional aide positions in a school district shall be assigned the basic title of “instructional aide” or other appropriate title designated by the governing board. To provide for differences in responsibilities and duties, additions to the basic title may be assigned such as “instructional aide I or II” or “instructional aide—volunteer,” or other appropriate title. (Enacted by Stats. 1976, Ch. 1010.)
  177. 45343.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “instructional aide” and “any school district” for this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45343. (a) As used in this article, “instructional aide” means a person employed to assist classroom teachers and other certificated personnel in the performance of their duties and in the supervision of pupils and in instructional tasks which, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. (b) “Any school district” means a school district or a county superintendent of schools who employs classroom teachers in the public schools. (Enacted by Stats. 1976, Ch. 1010.)
  178. 45344.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may hire instructional aides, but aides can only do duties allowed by the certificated personnel assigned to them and cannot assign grades.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45344. (a) Subject to the provisions of this article, any school district may employ instructional aides to assist classroom teachers and other certificated personnel in the performance of duties as defined in Section 45343. An instructional aide shall perform only such duties as, in the judgment of the certificated personnel to whom the instructional aide is assigned, may be performed by a person not licensed as a classroom teacher. These duties shall not include assignment of grades to pupils. An instructional aide need not perform such duties in the physical presence of the teacher but the teacher shall retain his responsibility for the instruction and supervision of the pupils in his charge. (b) Educational qualifications for instructional aides shall be prescribed by the school district employer and shall be appropriate to the responsibilities to be assigned. (Enacted by Stats. 1976, Ch. 1010.)
  179. 45344.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An instructional aide may not be initially assigned unless the person has shown basic reading, writing, and math proficiency. A school district may charge prospective aides a test fee, capped at $7, and transferred aides may keep their prior proficiency status unless the new district finds the test not comparable.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45344.5. (a) No person shall be initially assigned to assist in instruction as an instructional aide unless the person has demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to Section 45330. (b) A school district may charge prospective aides taking the district’s proficiency test a fee to fund the costs incurred by the district in giving the test. This fee may be subject to negotiation between the district and the exclusive representative of instructional aides, but in no event shall the fee exceed seven dollars ($7). (c) An instructional aide who passes a district proficiency test as required by this section, transfers to another district, and is employed in the same capacity shall be considered to have met the proficiency standards for purposes of this section unless the district to which he or she has transferred determines that the test taken by the aide is not comparable to the standards required by the employing district. (Amended by Stats. 2002, Ch. 1080, Sec. 3. Effective January 1, 2003.)
  180. 45345.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An instructional aide must not give out personal information about a pupil who is not the aide’s own child or ward, except under judicial process or to the pupil’s teacher or school administrator.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45345. Notwithstanding the provisions of Section 48950, no instructional aide shall give out any personal information concerning any pupil who is not his own child or ward, except under judicial process, to any person other than a teacher or administrator in the school which the pupil attends. A violation of this section may be a cause for disciplinary action, including dismissal. (Enacted by Stats. 1976, Ch. 1010.)
  181. 45346.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Classroom teachers and other certificated personnel do not have to hold a standard supervision or administration credential to supervise and direct instructional aides.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45346. Classroom teachers and other certificated personnel shall not be required to hold a standard supervision credential or a standard administration credential as a prerequisite to the supervision and direction of instructional aides. (Enacted by Stats. 1976, Ch. 1010.)
  182. 45347.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Instructional aides are treated as classified employees of the district, not certificated employees, for state-aid apportionment purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45347. (a) An instructional aide shall not be deemed a certificated employee for the purposes of apportioning state aid and no regrouping of pupils with instructional aides shall be construed as a class for apportionment purposes. (b) Instructional aides shall be classified employees of the district, and shall be subject to all of the rights, benefits, and burdens of the classified service, except as specified in Section 45105 for “restricted” positions. (Enacted by Stats. 1976, Ch. 1010.)
  183. 45348.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district must pay instructional aides at least the minimum hourly rate required by federal law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45348. The school district shall pay to each person employed as an instructional aide compensation at a rate not less than the minimum hourly rate prescribed by federal law. (Enacted by Stats. 1976, Ch. 1010.)
  184. 45349.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district may use volunteers to supervise and instruct pupils, and those volunteers are subject to Section 35021 and this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Instructional Aides [45340 - 45349] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 45349. Notwithstanding the provisions of this article, or any other provisions of law, a school district may utilize volunteers in the supervision and instruction of pupils, but any such volunteer shall be subject to the provisions of Section 35021 and this article. (Enacted by Stats. 1976, Ch. 1010.)
  185. 45350.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. )

    Verify source ↗

    This section says a person must meet two requirements to qualify as a teacher assistant under this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. ) ## 45350. The purposes of this article include the following: (a) To enhance the teaching of reading, language arts, mathematics, social science, science, and other basic academic subjects to general education pupils in grades 1 to 6, inclusive. (b) To begin to reduce the impact of large classes in grades 1 to 6, inclusive, through the use of trained teacher assistants, operating within the classroom of a certificated teacher under the direction of that teacher. (c) To develop, in persons who want to be teacher assistants, competency in specific academic subjects that are part of the curriculum in grades 1 to 6, inclusive, and in child development theory. In order to qualify as a teacher assistant for purposes of this article, a person shall meet both of the following conditions: (1) Successful completion of a two-year course of study at a California community college, pursuant to which the applicant has been awarded an Associate of Arts, Teacher Assistant degree. (2) Passage of an examination developed and administered for this purpose by the Commission on Teacher Credentialing. (Added by Stats. 1989, Ch. 1345, Sec. 2.)
  186. 45351.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. )

    Verify source ↗

    The Chancellor’s office must seek proposals for a Teacher Assistant associate degree program, select two districts, give each a planning grant, and the selected districts must run the program and report data.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. ) ## 45351. (a) No later than June 30, 1990, the Office of the Chancellor of the California Community Colleges shall issue requests for proposal from community college districts for the establishment of an Associate of Arts, Teacher Assistant program. The requests for proposal shall describe the requirements set forth in subdivision (c), and shall be developed in consultation with representatives of the Superintendent of Public Instruction, the President of the University of California, the Chancellor of the California State University, the Chancellor of the California Community Colleges, the Executive Director of the California Postsecondary Education Commission, the Commission on Teacher Credentialing, the statewide Academic Senate for Community Colleges, and the President of the Association of Independent Colleges and Universities. That program shall include, but not necessarily be limited to, the two-year course of study described in Section 45350 and the awarding of an Associate of Arts, Teacher Assistant degree. (b) The chancellor shall select two community college districts from separate geographic areas of this state for the purposes of this section, and shall allocate to each of those districts for the 1990–91 school year a planning grant of not less than twenty-five thousand dollars ($25,000). (c) Each of the community college districts selected and funded under this section shall do all of the following: (1) Implement the Associate of Arts, Teacher Assistant program in one or more community colleges, commencing with the 1991–92 school year. (2) Ensure that each student enrolled in the program shall work under the direct supervision of a credentialed classroom teacher. (3) Design the program to ensure that credit hours earned under the program at any community college are transferable to teacher preparation programs conducted at California State University campuses in the same region as that community college. (4) No later than October 1, 1993, collect, and make available to the California Postsecondary Education Commission for purposes of the evaluation described in Section 45355, the following data for the 1991–92 and 1992–93 school years: (A) The number of persons who enrolled in the program, and the number of persons who completed the program. (B) Demographic information concerning those persons. (C) The number and percentage of graduates of the program who pass the examination described in subdivision (c) of Section 45350. (D) The number and percentage of graduates of the program who have obtained employment as teacher assistants, as reported pursuant to Section 45353. (Added by Stats. 1989, Ch. 1345, Sec. 2.)
  187. 45352.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. )

    Verify source ↗

    The Commission on Teacher Credentialing must adopt needed policies, procedures, and regulations for administering a specified examination by June 30, 1991.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. ) ## 45352. No later than June 30, 1991, the Commission on Teacher Credentialing shall adopt policies, procedures, and regulations as it deems necessary and appropriate for the administration of an examination pursuant to subdivision (c) of Section 45350. (Added by Stats. 1989, Ch. 1345, Sec. 2.)
  188. 45353.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. )

    Verify source ↗

    Teacher assistants covered by this article are not treated as teachers under this code.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. ) ## 45353. Teacher assistants, as described in this article, shall not be deemed to be teachers for any purpose under this code. (Added by Stats. 1989, Ch. 1345, Sec. 2.)
  189. 45354.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. )

    Verify source ↗

    The Commission on Teacher Credentialing must charge a fee to issue and renew teacher assistant licenses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. ) ## 45354. The Commission on Teacher Credentialing shall levy a fee for the issuance and renewal of teacher assistant licenses. The fee for the issuance or renewal of the teacher assistant license shall be twenty-five dollars ($25). In subsequent years, the Commission on Teacher Credentialing may set a different fee, but in no case shall the fee exceed forty-five dollars ($45) without the express approval of the Legislature. (Added by Stats. 1989, Ch. 1345, Sec. 2.)
  190. 45355.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. )

    Verify source ↗

    The Department of Finance must set the examination fee amount.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. ) ## 45355. The Department of Finance shall determine the amount of the examination fee that would be sufficient to generate the revenues necessary to maintain and administer the examination described in Section 45350. (Amended by Stats. 1994, Ch. 840, Sec. 18. Effective January 1, 1995.)
  191. 45356.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. )

    Verify source ↗

    The State Department of Education must coordinate workshops on instructional methodology for teacher assistant programs, community colleges, CSU, and local elementary schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7.5. Teacher Assistants [45350 - 45356] ( Article 7.5 added by Stats. 1989, Ch. 1345, Sec. 2. ) ## 45356. The State Department of Education shall, in the 1991–92 and 1992–93 school years, and thereafter as it may deem necessary, coordinate workshops between the community college districts that operate Associate of Arts, Teacher Assistant programs, the California State University, and elementary schools located within those community college districts, regarding changes in instructional methodology that may be necessary to ensure the effective use of teacher assistants. (Added by Stats. 1989, Ch. 1345, Sec. 2.)
  192. 45360.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states that teacher aides should be employed in elementary schools, especially grades 1 through 6, to help classroom teachers with instruction-related activities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45360. It is the intent and purpose of the Legislature that teacher aides be employed in the elementary schools of the state, specifically in grades one through six, to the end of assisting classroom teachers in carrying out activities directly related to the classroom instruction of pupils. From the moneys specially appropriated therefor by the Legislature, grants shall be made to school districts pursuant to the specifications of this article for teacher aide projects approved by the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.)
  193. 45361.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The State Board of Education must adopt rules and regulations for administering this article, including criteria for how grants are made.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45361. The State Board of Education shall establish rules and regulations for the administration of this article which shall include, but not be limited to, the criteria upon which grants shall be made within the amounts appropriated by the Legislature and among the several districts of the state which may apply for such grants. (Enacted by Stats. 1976, Ch. 1010.)
  194. 45361.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A person may not be initially assigned as an instructional aide in kindergarten through grade 12 unless they have basic reading, writing, and math proficiency. School districts may charge up to $7 for the proficiency test, and a governing board may grant a one-year exemption for certain bilingual-crosscultural aides under specific conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45361.5. (a) No person shall be initially assigned to assist in instruction for work as an aide for instructional purposes in kindergarten and grades 1 to 12, inclusive, unless the person has demonstrated proficiency in basic reading, writing, and mathematics skills pursuant to Section 45330. (b) As used in this section, “initially assigned” means any assignment, including substitute, temporary, probationary, or permanent employment, to assist in instruction as an aide for instructional purposes. (c) A school district may charge a fee to prospective aides taking the district proficiency test pursuant to the requirements of this section to fund the costs incurred by the district in giving the test. This fee may be subject to negotiation between the district and the exclusive representative of instructional aides, but in no event shall the fee exceed seven dollars ($7). (d) The school district governing board, at a public meeting, may grant an exemption from this requirement to any person, for a period of one year, if the person is to be assigned as a bilingual-crosscultural aide and the governing board determines that there is no other person available to serve in the same capacity. Upon or prior to the expiration of the one-year period, the bilingual-crosscultural aide shall be required to take and pass the basic skills test required by this section. A bilingual-crosscultural aide who has not demonstrated his or her basic skills proficiency through these means may not be compensated for work as a bilingual-crosscultural aide. A bilingual-crosscultural aide may only be granted one exemption from this requirement. The authority of district governing boards to grant these exemptions shall cease on June 30, 1985. (e) An aide who passes a district proficiency test as required by this section who transfers to another district and is employed in the same capacity, shall be considered to have met the proficiency standards for purposes of this section unless the district to which he or she has transferred determines that the test taken by the aide is not comparable to the standards required by the employing district. (f) An aide who passes a district proficiency test, as required by this section, and who is reassigned to another school or program in the district and is employed in the same capacity, shall be considered to have met the state basic skills proficiency test requirement. (Amended by Stats. 2002, Ch. 1080, Sec. 4. Effective January 1, 2003.)
  195. 45362.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    School districts must set standards and procedures for teacher aide projects and include them in grant applications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45362. School districts shall establish standards and procedures for the implementation and conduct of teacher aide projects, authorized under the provisions of this article, which shall meet, but not be limited to, the provisions of Section 45361. Such standards and procedures shall be made a part of a school district grant application as described in this article. (Enacted by Stats. 1976, Ch. 1010.)
  196. 45363.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education must direct teacher aide project grants to school districts using a $2,000-per-aide-per-year base, reduced by the stated assessed-valuation formula.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45363. The State Board of Education shall direct that apportionment grants for teacher aide projects be made to school districts on the basis of two thousand dollars ($2,000) per school year per teacher aide employed, diminished by an amount derived by multiplying the ratio which the assessed valuation per unit of average daily attendance during the preceding fiscal year in grades kindergarten through eight in the district bears to the assessed valuation per unit of such average daily attendance in the state times one thousand dollars ($1,000). (Enacted by Stats. 1976, Ch. 1010.)
  197. 45364.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    School districts must use funds received under this article only to pay salaries of teacher aides employed under this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45364. All funds received by school districts under the provisions of this article shall be used for and restricted to the purpose of paying the salaries of teacher aides employed under the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.)
  198. 45365.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    School districts must spend apportioned funds in line with rules set by the State Board of Education. Apportionments for this article are made on the Superintendent of Public Instruction’s order and by warrant of the State Controller.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45365. Apportionments for the purpose of this article shall be made upon the order of the Superintendent of Public Instruction and by warrant of the State Controller. Funds apportioned shall be expended by school districts precisely in accordance with the rules and regulations established by the State Board of Education. (Enacted by Stats. 1976, Ch. 1010.)
  199. 45366.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    Apportionments to a school district must be made as grants, and the district is not required to repay any part of them to the state.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45366. Apportionments to a school district shall be in the form of grants, no part of which shall be required to be repaid to the state by the school district. (Enacted by Stats. 1976, Ch. 1010.)
  200. 45367.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    Programs and projects under this article are treated as compensatory education and must be coordinated with the school district’s overall compensatory education plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 25. EMPLOYEES [44000 - 45500] ( Part 25 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Classified Employees [45100 - 45500] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Teacher Aides [45360 - 45367] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 45367. Programs on projects conducted pursuant to this article shall be deemed a program of compensatory education, or an element thereof, and shall be coordinated with, and be an integral part of, the school district’s overall compensatory education plan. The programs and projects shall be subject to the provisions of Section 54461. (Enacted by Stats. 1976, Ch. 1010.)

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