The provisions of this article shall become operative in any county upon adoption of a resolution by the county board of supervisors to make it operative.
Article 4Classified County School Employees
Section § 1310
This law section states that the rules in this article will only take effect in a county if the county's board of supervisors decides to adopt them through a resolution.
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Section § 1311
This law states that anyone working for a county superintendent of schools in a job that doesn't need a teaching certificate and is paid from the county school service fund must be employed following specific rules laid out in other sections of education law.
Each person employed by a county superintendent of schools in a position not requiring certification qualifications and whose salary is paid from the county school service fund shall be employed in accordance with the provisions of Chapter 1 (commencing with Section 44000) and Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2, and Chapter 1 (commencing with Section 87000) and Chapter 4 (commencing with Section 88000) of Part 51 of Division 7 of Title 3.
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Section § 1312
This law states that when a separate budget is set up for the county superintendent of schools, county employees working there will no longer be county employees. Instead, they will get paid from the county school service fund. Similarly, if there are other county employees whose functions are moved to the county board of education, they will also stop being county employees once that transfer happens, and they too will be paid from the county school service fund.
County employees assigned to the office of the county superintendent of schools shall cease to be employees of the county upon the establishment of a separate budget for the office of the county superintendent of schools, and shall thereafter be paid from the county school service fund. Other county employees assigned to functions transferred to the county board of education pursuant to Article 3 (commencing with Section 1080) of Chapter 1 of this part shall cease to be employees of the county upon the effective date of such transfer, and shall thereafter be paid from the county school service fund.
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Section § 1313
This law states that if a county employee's job status changes, and they are part of a county retirement system not linked to the Public Employees' Retirement System, they can choose to join the Public Employees' Retirement System for future employment. Alternatively, they can opt to stay with the county retirement system, but they must decide before their job status changes. Once they choose, they cannot change back. If they don't choose to stay with the county system, it will be as though they left county employment for retirement purposes the day before their status change.
Each county employee whose status is changed by this article, and who is in employment and a member of a county retirement system other than one provided by contract with the Public Employees’ Retirement System on the date of the change, shall become eligible for membership in the Public Employees’ Retirement System in accordance with the Public Employees’ Retirement Law with respect to his or her employment thereafter, and shall be subject to the reciprocal benefits provided by those systems. However, the employee may elect to continue in membership of the county retirement system with respect to his or her employment thereafter, in which event the same appropriations and transfers of funds shall be made to the retirement fund of the county system for the employee as those required of the county under the county retirement law, and these amounts shall
be legal charges against the county school service fund. The election authorized by this section shall be made no later than the date preceding the date upon which his or her status is changed in accordance with procedures to be established by the county board of supervisors, which shall allow at least 30 days to make the election. The election once made shall not be rescinded. An employee who does not elect to continue membership in the county system shall be deemed to have discontinued county employment for purposes of the county system at the close of the day preceding the date upon which his or her status changes.
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Section § 1314
This law ensures that county employees who transfer to work within the county school system keep all the sick leave, vacation, overtime pay, and other benefits they've already earned before their transfer.
County employees whose status is changed by this article shall retain all accumulated and unused sick leave, vacation, compensatory overtime and other benefits which can reasonably be construed to have been an earned right at the time of transfer from county service to the county school service fund.
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Section § 1315
This law allows the county board of education to give employees benefits similar to those received by other county employees if their salaries come from the county school service fund.
The county board of education may grant to employees whose salaries are paid from the county school service fund any employee benefit which the board of supervisors provides for county employees.
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Section § 1316
If a county employee moves to a job that is paid from the county school service fund, they should not get a pay cut either during the transfer or later on.
No employee transferred from the county service to a position, the salary for which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer or as to the future as relates to his status on the salary scale of the county in effect at the time of the transfer.
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Section § 1317
If a county already has a merit-based system for civil service jobs, its education board must adopt this system. In certain counties, after a public meeting and consulting with workers, they can appoint backup members to the personnel commission. However, this isn't necessary if the education board's duties were moved from the board of supervisors after June 1, 1977.
(a)CA Education Code § 1317(a) The county board of education shall adopt the merit system as provided in Article 6 (commencing with Section 45240) of Chapter 5 of Part 25 of Division 3 of Title 2, and Article 3 (commencing with Section 88060) of Chapter 4 of Part 51 of Division 7 of Title 3, if the county has a merit (civil service) system in effect at the time of the adoption of this article as provided in Section 1310.
(b)CA Education Code § 1317(b) Notwithstanding Article 6 (commencing with Section 45240) of Chapter 5 of Part 25, any personnel commission in a county of the third class, as described in Section 2562, may, after a public hearing, and after consultation with all affected employee organizations, adopt a regulation providing for the appointment of one or more alternate members of the personnel commission. The appointment of any alternate member shall be with the concurrence of all affected employee organizations. Thereafter, an alternate may serve only in the absence of a regular commission member.
(c)CA Education Code § 1317(c) This section shall not apply to a county board of education which has been transferred specific duties and functions of the county board of supervisors pursuant to Section 1080 on or after June 1, 1977.
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Section § 1318
The county board of education or county superintendent can decide to close schools or offices for a holiday if there's a good reason to do so.
The county board of education or county superintendent of schools may declare a holiday in the schools or offices operated by the county superintendent of schools whenever good reason exists.
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Section § 1319
This law allows the county superintendent of schools to hire people to act as crossing guards. These guards make sure kids are safe when they cross the street near schools.
The county superintendent of schools may employ, in accordance with the provisions of Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2, such personnel as may be necessary to act as guards at pedestrian crossings to ensure the safety of schoolchildren who use such intersections.
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