AB 2142

Introduced by Assembly Member Garcia
 An act to amend Sections 45103 and 88003 of the Education Code, relating to classified employees.
classified employees
School districts: community college districts: short-term employees: classified service.
Existing law requires the governing board of a school district and the governing board of a community college district to employ persons for positions not requiring certification qualifications and to classify, as defined, these employees and positions. Existing law requires these employees and positions to be known as the classified service. Existing law prohibits substitute and short-term employees, as defined, employed and paid for less than 75% of a school year or college year, from being part of the classified service.
This bill would establish a rebuttable presumption that a school district or community college district is required to
			 replace a short-term employee position with a position in the classified service if (1) the short-term employee performs the required service of the position beyond 75% of a school
			 year or college year, (2) the short-term employee voluntarily separates or is laid off or terminated from employment
			 for at least 50% but less than 75% of a school year or college year and is then rehired in the next school year or college year to perform substantially the same services for at least 50% of the school year or college year, or (3) the services of the short-term employee position are used at least 50% of a school year or college year for 3 of 5 consecutive school years or college years.
The people of the State of California do enact as follows:
SECTION 1.
Section 45103 of the
Education Code
 is amended to read:
45103.
(a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district shall, except where Article 6 (commencing with Section 45240) or Section 45318 applies, classify all of these employees and positions. The employees and positions shall be known as the classified service.
(b) (1) Substitute and short-term employees, employed and paid for less than 75 percent of a school year, shall not be a part of the classified service.
(2) Apprentices and professional experts employed on a temporary basis for a specific project,
						regardless of length of employment, shall not be a part of the classified service.
(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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 and that is financed by state or federal funds, shall not be a part of the classified service.
(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.
(d) As used in this section:
(1) “Substitute employee” means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the school district is then engaged in a procedure to hire a permanent employee to fill a vacancy in any classified position, the governing board of the school district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees, except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(2) (A) “Short-term employee” means a person who is employed to perform a service for the school district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis.
						Before employing a short-term employee, the governing board of a school district, at a regularly scheduled board meeting, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 45101, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.
(B) There shall be a rebuttable presumption that a school district is required by this section to replace a short-term employee
						position with a position in the classified service if any of the following occurs:
(i) The short-term employee performs the required service of the position beyond 75 percent of a school year.
(ii) The short-term employee voluntarily separates or is
						laid off or terminated from employment for at least 50 percent but less than 75 percent of a school year, and the same employee is then rehired in the next school year to perform substantially the same services for at least 50 percent of the school year.
(iii) The services of the short-term employee position are used at least 50 percent of a school year for three of five consecutive school years.
(3) “Seventy-five percent of a school year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.
(e) Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program, shall not result in the displacement of classified personnel or impair existing contracts for services.
(f) This section shall apply only to school districts not incorporating the merit system as
						outlined in Article 6 (commencing with Section 45240).
SEC. 2.
Section 88003 of the
Education Code
 is amended to read:
88003.
(a) The governing board of a community college district shall employ persons for positions that are not academic positions. The governing board of a community college district, except where Article 3 (commencing with Section 88060) or Section 88137 applies, shall classify all those employees and positions. The employees and positions shall be known as the classified service. Substitute and short-term employees, employed and paid for less than 75 percent of a college year, shall not be a part of the classified service. Apprentices and professional experts employed on a temporary basis for a specific project, regardless of length of employment, shall not be a part of the classified service. Full-time students employed part time, and part-time
						students employed part time in a college workstudy program, or in a work experience
						education program conducted by a community college district and that is financed by state or federal funds, shall not be a part of the classified service. Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a community college district, except as authorized by this section.
(b) “Substitute employee,” as used in this section, means a person employed to replace a classified employee who is temporarily absent from duty. In addition, if the community college district is then engaged in a procedure to hire a permanent employee to fill a vacancy in a classified position, the governing board of the community college district may fill the vacancy through the employment, for not more than 60 calendar days, of one or more substitute employees,
						except to the extent that a collective bargaining agreement then in effect provides for a different period of time.
(c) (1) “Short-term employee,” as used in this section, means a person who is employed to perform a service for the community college district, upon the completion of which, the service required or similar services will not be extended or needed on a continuing basis. Before employing a short-term employee, the governing board of a community college district, at a regularly scheduled meeting of the governing board of the community college district, shall specify the service required to be performed by the employee pursuant to the definition of “classification” in subdivision (a) of Section 88001, and shall certify the ending date of the service. The ending date may be shortened or extended by the governing
						board
						of the community college district, but shall not extend beyond 75 percent of a college year.
(2) There shall be a rebuttable presumption that a community college district is required by this section to replace a short-term employee
						position with a position in the classified service if any of the following occurs:
(A) The short-term employee performs the
						required service of the position beyond 75 percent of a college year.
(B) The short-term employee voluntarily separates or is laid off or terminated from employment for
						at least 50 percent but less than 75 percent of a
						college year, and the same employee is then rehired in the next college year to perform substantially the same services for at least 50 percent of the college year.
(C) The services of the short-term employee position are used at least 50 percent of a college year for three of five consecutive college years.
(d) “Seventy-five percent
						of a college year” means 195 working days, including holidays, sick leave, vacation, and other leaves of absences, irrespective of number of hours worked per day.
(e) Employment of either full-time or part-time students in a college workstudy program or in a work experience education program shall not result in the displacement of classified personnel or impair existing contracts for services.
(f) This section shall apply only to community college districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).
(g) An employee employed by a community college 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 community college district.