A.B.670. Classified employees: part-time playground positions.

California Assembly
Last action a year ago
Polls (closed):
Yay (0)    Nay (0)

Summary

                    (1) Existing law requires school districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. Under existing law, these employees make up the classified service. Existing law exempts a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. Existing law requires that a position not defined as requiring certification qualifications and not specifically exempted from the classified service is a part of the classified service.
                
Advertisment
why ads?


                    This bill would delete the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service. To the extent this bill would impose new duties on school districts, it would constitute a state-mandated local program.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

DIGEST KEY Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes   BILL TEXT 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) “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.

(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. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Chaptered by Secretary of State - Chapter 582, Statutes of 2017.

    Sat, Oct 7th 2017
  • Approved by the Governor.

    Sat, Oct 7th 2017
  • Enrolled and presented to the Governor at 4:30 p.m.

    Tue, Sep 19th 2017
  • In Assembly. Ordered to Engrossing and Enrolling.

    Tue, Sep 12th 2017
  • Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 14. Page 2759.).

    Mon, Sep 11th 2017
  • Read second time. Ordered to third reading.

    Mon, Sep 4th 2017
  • From committee: Do pass. (Ayes 5. Noes 2.) (September 1).

    Thu, Aug 31st 2017
  • In committee: Referred to APPR. suspense file.

    Sun, Aug 20th 2017
  • From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 12). Re-referred to Com. on APPR.

    Tue, Jul 11th 2017
  • Referred to Com. on L. & I.R.

    Tue, Jun 13th 2017
  • In Senate. Read first time. To Com. on RLS. for assignment.

    Wed, May 31st 2017
  • Read third time. Passed. Ordered to the Senate. (Ayes 54. Noes 22. Page 1917.)

    Tue, May 30th 2017
  • Read second time. Ordered to third reading.

    Mon, May 29th 2017
  • From committee: Do pass. (Ayes 12. Noes 5.) (May 26).

    Thu, May 25th 2017
  • In committee: Set, first hearing. Referred to APPR. suspense file.

    Tue, May 9th 2017
  • From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on APPR.

    Wed, Apr 19th 2017
  • In committee: Set, first hearing. Hearing canceled at the request of author.

    Tue, Mar 28th 2017
  • Referred to Com. on P.E., R., & S.S.

    Wed, Mar 1st 2017
  • From printer. May be heard in committee March 18.

    Wed, Feb 15th 2017
  • Read first time. To print.

    Tue, Feb 14th 2017