Today's Law As Amended


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AB-1548 Classified school employees: restricted positions.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 45105 of the Education Code is amended to read:

45105.
 (a) (1)  Positions not requiring certification qualifications created by a governing board of a school district under the federal  Manpower Development and Training Act of 1962, the federal  Economic Opportunity Act of 1964, the federal  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.
(2)  Persons employed in these positions shall be classified employees and shall enjoy all of the rights, burdens 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 areas,  or other criteria which that  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 school  personnel responsible for school-community relations; relations,  educational support services for such areas as counseling, library services,  or health; health,  or the correction or prevention of behavioral problems.
(2) Persons employed in positions properly classified as “restricted” 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 school  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. board of the school district. 
(C) Sections 45287 and 45289 shall not apply to “restricted” restricted  employees.
(D) They shall not be eligible for promotion into the regular classified service or, in school  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” 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  the person  shall be accorded full rights, benefits benefits,  and burdens of any other classified employee serving in the regular classified service. His or her  The person’s  service in the regular classified service shall be counted from the original date of employment in the “restricted” restricted  position and shall continue even though he or she  the person  continues to serve in a “restricted” restricted  position.
(d) 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. 45240). 
(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 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.