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

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Date Published: 02/20/2021 04:00 AM
AB1548:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1548


Introduced by Assembly Member Carrillo

February 19, 2021


An act to amend Section 45105 of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 1548, as introduced, Carrillo. Classified school employees: restricted positions.
Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications. Existing law requires the governing board of a school district to classify those employees and positions and requires that they be known as the classified service. Existing law requires, 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, these positions to be classified as “restricted.” Existing law requires persons employed in restricted provisions to be classified employees for all purposes, except as provided.
This bill would make nonsubstantive changes to those provisions relating to restricted positions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


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.

Persons

(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 or health; library services, or 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.