This section of the law applies various employment rules and protections to classified employees in school districts across California. It covers both merit and nonmerit system districts unless specific limits are mentioned. These rules also extend to employees paid from county school service funds and to those working in multi-district collaborations like regional occupational centers.

However, employees in districts entirely within a city and county with their own employment merit system are generally not covered. Still, from July 1, 1992, these districts can choose to apply these rules to paraprofessionals not yet on permanent merit status. Certain positions can be exempt from specific articles by a governing board's decision.

This law allows a school district's governing board to classify certain jobs as 'senior management' positions within the non-teaching staff. The board's decision is final and doesn't need to be negotiated but can be reviewed by a state employment board. People in these senior management roles are part of the regular staff; however, they are not eligible to achieve permanent status in these positions. If they are to be reassigned or dismissed, there are specific notice requirements they must receive as per another law.

This law outlines important definitions related to classified school employees in California. 'Classification' assigns positions with a title, designated hours, and duties. A 'permanent' employee is someone who has completed their probation period and gained tenure. 'Regular' refers to employees with probationary or permanent status.

A 'demotion' is when an employee is moved to a lower position without their written consent, and 'disciplinary action' involves any penalty against an employee's status, like dismissal or suspension, except for layoffs due to insufficient work or funds. 'Reclassification' is upgrading a job due to increased duties.

Layoffs can include reducing hours or taking a lower position by choice to avoid job loss. 'Cause' for disciplinary actions must be those specified by law or employer rules. Certain school districts are not subject to these rules, especially larger ones and those covered under specific other provisions.

This law ensures that all classified school employees in California are considered employed for the entire 12-month school year, even if they don't actually work every month. If a classified employee takes on extra work beyond their usual duties, they must be paid fairly for the additional time, at least at the rate they would earn normally, unless there's a specific contract that states otherwise. The school districts must inform the employees of their compensation before they start extra work.

If schools operate outside the typical September to June schedule, districts need to use their regular classified employees for those off-month periods. However, if work is needed between academic years, it should be assigned based on qualifications, and employees can't be forced to work outside their usual term unless they agree.

All assignments outside the standard schedule must be compensated at normal rates for the work type. This rule applies even to school districts using the merit system, treating it as if it were part of another specific law section.

This section explains how a school district's governing board should manage employee positions that don't need certification qualifications. These employees are part of what's called the 'classified service.' However, some workers like substitutes, short-term employees, and certain students involved in work-study programs don't fall under this category. Generally, a short-term employee's role must end within 75% of a school year, equivalent to 195 working days. Additionally, hiring students as part of work-study programs shouldn't replace or interfere with regular classified staff roles. This rule doesn't apply to school districts using the merit system.

This law allows school districts to contract out services typically performed by their own employees if it can save money without breaking any other rules. However, several conditions must be met. First, there must be clear evidence that contracting will save money overall and salaries cannot simply be lower than the district's. Employees should not lose their jobs because of these contracts and any savings must justify the contract's scale and duration.

The contract must go through a competitive bidding process, and the contractor must meet nondiscrimination and other hiring standards. The district must ensure that risks such as future rate increases are minimal and that the public's interest is still protected.

Additionally, contracting is allowed in specific cases like when new functions are required by law, the district lacks the necessary expertise, services are tied to property purchases, or to prevent conflicts of interest. It also applies to urgent or temporary needs where the standard hiring process would be too slow.

This applies to all school districts and all new contracts after January 1, 2003, but not to renewals of contracts that existed before then.

This law governs contracts for management consulting services related to food services in school districts. Schools can contract these services for up to one year, with each renewal also being one year. Importantly, these contracts can't eliminate or negatively change the job terms for existing food service workers. Furthermore, consultants can't supervise existing food service staff but can still interact with them on related matters.

All health and eligibility rules applying to school workers also apply to these consultants. This law applies to all school districts, including those using the merit system.

This section states that if a job doesn't require certification and isn't specifically excluded from the classified service, it must be classified and included in the classified service jobs. You can't call these jobs certificated or require a certification for them.

It also clarifies that people with certifications can still apply for these classified jobs, and having a certification won't disqualify them. This rule applies equally to districts using the merit system.

This law allows a school district's governing board to eliminate senior management positions within the classified service. If someone's position is removed, they don't lose their job entirely. Instead, they shift back to a regular classified or certificated role equivalent to the one they would have held had they not been in senior management. Basically, it ensures those employees retain their job security and similar roles if their management position is abolished.

This law states that certain school district jobs that don't need special certification but are funded by specific federal or state acts, or special funding, must still be part of the classified service just like regular school jobs. Employees in these roles have the same rights and benefits as other classified employees.

However, if these jobs are limited to people from low-income areas and have other specific requirements, they become 'restricted' positions. Although restricted employees are part of the classified service, they don't get permanent employment status, or seniority credits for layoffs or promotions like other employees, but they are allowed to apply for regular classified roles after six months of service.

If they pass a qualifying exam, they get full classified employee rights, and their service time counts from when they started in the restricted role. The law also aims to provide job opportunities for untrained and impoverished people without changing regular employment procedures for classified school positions.

This law states that even if certain school positions are not classified under regular school district rules, the people filling these positions must still follow specific regulations concerning employment from Sections 45122 to 45125 and 49406. The school district's governing board must create rules to enforce this.

This rule doesn't apply to full-time students who attend the same school district where they might be employed.

This law section refers to the use of funds from the Federal Emergency Employment Act of 1971 or similar laws, which aim to provide jobs in public service for unemployed or underemployed individuals. The funds cannot be used for jobs that would already be covered by federal, state, or local budgets, nor should they replace existing jobs or reduce current employees' working hours or benefits.

It also requires that if a school district is laying off regular employees due to lack of work or funds while hiring personnel for similar roles under this act, the superintendent must justify to the school board that the laid-off employees' duties are not being taken over by these new hires.

Acceptance of the superintendent's report by the school board confirms compliance with this provision. This rule applies equally to districts with a merit system.

This law allows school districts to create certain job positions called "restricted" that are specifically for individuals from low-income groups or certain community areas. These jobs include positions like instructional aides and roles that involve interacting with students or parents to support school-community relations and related services. Although these employees are part of the classified service, they do not gain permanent status or seniority and can't be promoted to regular classified positions until they meet certain criteria outlined in another law. This system applies to districts using the merit system just like other related laws.

This law explains who qualifies as a senior management employee in a school district and how many such positions can be designated. A senior management employee can either be the highest-ranking person in a specific district program area or the fiscal advisor to the district superintendent. The law also specifies how many senior management positions are allowed based on the district's student attendance size. For example, districts with less than 10,000 students can have up to two such positions, while those with over 50,000 students can have up to five. This applies to all districts, regardless of whether they have adopted the merit system for personnel management.

This law allows the governing board of a school district to request permission from the State Board of Education to bypass certain restrictions. This is specifically for the purpose of increasing the number and variety of senior management roles within the district.

The school district's governing board is responsible for setting the duties of employees who are in non-teaching roles that don't require special certification. This does not include staff part of a personnel commission. This rule is also relevant for districts using a merit-based employment system, as if it were inherently part of that system.

This section ensures that classified employees in school districts are not required to perform duties outside their regular job descriptions for more than five days in a 15-day period, unless these duties are related to their usual tasks. If they do have to perform different duties for more than five days, their salary must be increased to reflect the additional responsibilities.

Even for shorter periods, the district can choose to increase pay by making written rules. This section is designed to allow temporary changes in duties as long as employees are fairly compensated for doing work outside their usual role.

This rule applies the same way in districts with a merit system.

This California law states that school districts cannot require candidates or employees in classified positions to live within the district. Additionally, districts cannot favor candidates because they live locally. The aim is to ensure that hiring is based only on merit and not on where someone lives. There are exceptions for certain restricted positions mentioned in other sections. The rule also applies to districts with a merit system, integrating seamlessly as part of existing regulations.

This law states that staff assistants or field representatives hired by a school district board to help with policy-making are part of the classified service but don't have the same job security or recruitment, appointment, classification, or salary procedures. They work at the discretion of the board or the member they assist.

The law also clearly indicates that these employees shouldn't work on board members' election campaigns while on the job. Even districts with a merit system must follow this rule.

The governing board of a school district must create rules for managing classified staff. After a probation period of up to six months or 130 days, employees become permanent and can only be disciplined for specific causes set by these rules. Law enforcement staff have a longer probation of at least one year. If employees are promoted but can't finish the new probation, they return to their old job level.

Permanent employees can only face discipline for reasons decided by the board, and they're entitled to notice and a potential hearing if charged. This hearing must be requested within five days, and the school board must prove the charges. Disciplinary action is only for causes occurring after becoming permanent or within two years of notification.

The school board may delegate decisions about disciplinary actions to third-party officers, but final review power remains with the board in certain misconduct cases. Employees must continue to be paid while awaiting their hearing decision unless specific actions justify stopping pay. Agreements before 2023 may override parts of this law until they expire or renew.

For severe misconduct involving minors, a judge will make final rulings. Rules in collective bargaining agreements before 2020 might take precedence until those agreements change. This law doesn’t apply to districts with a merit system.

This section specifies that a school district's governing board can only lay off and rehire classified employees by following certain procedures, specifically outlined in two other sections. Importantly, the term 'personnel commission' used in those sections should mean the 'governing board' in this context. Additionally, if multiple districts are governed by the same board or administration, they're treated as one district when making layoffs due to lack of work or funds.

If you were laid off due to lack of work or funds and chose to retire, you must be placed on a reemployment list. The school district needs to inform the retirement system that your retirement was because of a layoff. Should a job open up and you're offered it, the position should remain available until you're officially reinstated from retirement.

This rule also applies to districts using the merit system, just as other specific procedures are already in place.

When a public school employee faces disciplinary action, the notice they receive must clearly explain what specific actions or failures led to the discipline. It must also include the reasons for the action and cite any specific rules the employee is accused of breaking. Simply repeating language from laws or rules in the notice isn't enough. If a notice doesn't meet these standards, an employee can take legal action to stop further disciplinary proceedings based on that notice. This rule applies to certain types of proceedings under the education code.

This section outlines the process and rights related to the layoff of classified school employees due to a lack of work or funds. By March 15, the employee and school's governing board must be notified by the superintendent if a layoff is recommended, including the reasons and any rights the employee has. This information must remain confidential unless a hearing is requested by the employee.

An employee can request a hearing by a specific date; failing to do so waives this right. If a hearing occurs, it involves an administrative law judge whose proposed decision is not binding but guides the school board's final decision.

During certain budgetary periods, the school district can issue layoff notices if funding doesn't increase adequately. However, permanent employees must receive mandatory notice and hearing rights or be deemed reemployed. Short-term employees cannot be retained if their role can be filled by a laid-off, qualified, classified employee.

If a specially funded program ends, classified employees must be notified 60 days before their layoff. Any additional layoff rights given to certificated employees must also apply to permanent classified employees.

This law talks about what happens to school district employees when districts reorganize. If a school district that uses a 'merit system' is reorganized and merges with a new or existing district, the new district must also adopt a merit system if the majority of affected employees vote for it. If no vote happens, the merit system is only adopted if enough employees from the merit system district move to the new district. Employees keep their job rights and seniority as if they were always with the new district. If there are too many employees for certain positions, those employees can stay for at least two years but might later be reassigned or put on reemployment lists for 39 months. They can take lower positions without losing the chance to return to their original level if openings come up.

This law deals with how school district employees are managed when school districts merge, specifically focusing on whether to adopt a 'merit system' for employee management. A merit system can be approved if the majority of non-teaching staff support it in a vote. If no vote is requested, the merit system applies if the majority of affected employees come from a district that used it previously. If districts merging use different merit systems, a new combined system must protect all employees' rights.

Employees' seniority is calculated based on their start date with the original district. If there are too many employees for certain jobs after merger, they have to be kept for at least two years, but can be reassigned. After two years, if still excess, they're placed on a list for rehire for 39 months. They can take lower-ranked jobs without losing their chance to be rehired for original roles.

If a school district undergoes changes like a merger or reorganization but isn't required to use a merit system, classified employees from a district that did have a merit system keep their previous salary, benefits, seniority, and rights for two years.

This law ensures that classified employees who are affected by the reorganization of special education programs keep their job seniority and classification when they are terminated, reassigned, or transferred to a different employer, such as another school district or a county office of education. It requires that their years of service are recognized for salary placement purposes. If they lose their job due to these changes, they have priority in filling new job openings in the same classification for 24 months, or 39 months for permanent employees. Probationary employees have priority for 24 months. All these employees are now to be employed by a school district or county office.

If a school district merges with another to form a unified district, employees without certification requirements must remain employed for at least two years. They must not lose any benefits they already had before the merger. Their rights, salaries, and leave are determined based on details existing at the time of the merger vote. New benefits introduced after the merger vote aren’t guaranteed unless they take effect from the second July 1st following the vote. The new unified district can reassign employee duties but must ensure fair salaries and benefits for similar roles.

This law says that if a school district's governing board requires classified employees to take a physical exam, either by its own rule or because it's required by law, the district must either provide the exam or reimburse the employee for it. For preemployment physical exams, if the exam is required and the applicant is hired, the district may reimburse the applicant.

This applies to districts using the merit system just like it's part of existing procedures.

This law says that people convicted of violent or serious felonies can't work for a school district in California, including those on temporary or probationary status.

It defines 'violent' and 'serious' based on specific Penal Code sections.

If someone has been rehabilitated and received a certificate of rehabilitation and pardon, they may not be disqualified for employment solely based on their conviction.

There's a special provision for serious felonies not considered violent, allowing these individuals to prove rehabilitation to a court to qualify for school employment.

The Department of Justice will inform school districts if an applicant has such convictions, and affected employees will be immediately placed on leave and terminated unless the DOJ's conviction notification is proven incorrect.

This rule also applies to charter schools.

This law states that school districts in California cannot employ or keep anyone in a job if they have been convicted of a sex offense or a controlled substance offense, as defined in specific sections. This includes various forms of convictions, like guilty pleas or a court finding someone guilty without a jury.

If someone's conviction is overturned and they are found not guilty in a new trial, or the charges are dropped, they can be hired again. For those convicted of controlled substance offenses, the school district's governing board can decide to employ them if evidence shows they have been rehabilitated for at least five years. The board's decision on the evidence and rehabilitation is final.

This law states that a school district in California cannot employ someone if they have been officially labeled as a sexual psychopath, according to certain legal proceedings. However, if a new legal process changes this designation, or if the process is dismissed, the person can then be eligible for employment by the school district.

This law section requires California school districts to fingerprint and perform background checks on potential employees who don't need certification qualifications. This rule doesn't apply to secondary students in temporary, part-time jobs. Fingerprint cards must be submitted to the Department of Justice, which checks for criminal history within 15 days and shares relevant information with the school. If the applicant hasn't lived in California for at least one year, the fingerprints also go to the FBI. The district can't hire until this background check is complete unless it's an emergency.

Electronic fingerprinting is encouraged, and fees for processing can be charged but must not exceed costs. All information obtained is confidential and must be securely stored and handled. Exceptions exist for emergencies where pupil safety is at risk. Finally, the same rules apply to temporary and substitute employees, and criminal history checks are required for volunteers as well.

This law allows school districts within a county, or nearby counties, to work together by appointing one district or the county superintendent to handle background checks for employees or volunteers who don’t need certification. This includes sending fingerprints to the Department of Justice, receiving criminal records, and managing a list of eligible employees.

If an employee is convicted of a serious crime, the district must inform others and remove them from the employment list. Additionally, other districts can access but not copy these records for assessing employment suitability, and all information must be kept confidential and secure. The law outlines strict handling and disposal procedures for this information and requires an agreement with the Department of Justice to share such data.

Ultimately, this process ensures a coordinated and secure approach to managing employment eligibility across multiple districts.

This law requires entities contracting with local educational agencies to ensure that employees who interact with students, without direct supervision from a parent or school employee, pass a criminal background check. However, this requirement has exceptions, such as emergency situations or specific work experience programs for students. The law details procedures for verifying whether employees have been convicted of serious or violent felonies and outlines steps for rehabilitation. Parents must provide consent for student participation in certain contractor-led activities. The Department of Justice plays a key role in checking fingerprints and reporting any criminal convictions.

This law requires school districts to ensure student safety during construction or repair projects where workers will have contact with students. Schools must implement strategies such as physical barriers, supervised monitoring by a cleared employee, or surveillance by school staff to prevent unsupervised access to students.

Contracting entities don't have to meet additional vetting requirements if these strategies are used. Exceptions are made in emergencies or urgent situations, like when student safety or health is at risk.

"Violent felony" and "serious felony" refer to specific lists of crimes under different sections of the penal code.

This law allows school districts or county education offices to ask local law enforcement to run a background check on potential employees who don't need a teaching certificate. If the police agree, they must return the results within 72 hours. They can charge a fee, but only up to their actual costs. This only applies to applicants the school plans to hire.

This law states that, despite any other laws that might say otherwise, the Department of Justice must provide local law enforcement agencies with all information they have about a person, as per the rules in Section 45125.

This law states that classified employees in certain positions within a school district typically have a 40-hour workweek and an 8-hour workday. However, districts can offer varied hours and overtime if needed. Some job classes, like those involving fluctuating daily hours such as security patrol, can be exempt from overtime pay for over 8 hours a day but must be paid overtime if they work more than 40 hours a week. Food service and transportation jobs are not included in this exemption. This rule also applies to districts using the merit system.

This law requires each district's governing board to decide how and when employees are paid for overtime, which must be at least 1.5 times the regular pay rate. Overtime is any work over 8 hours in a day or 40 hours in a week. If an official work schedule is set at 7-8 hours a day or 35-40 hours a week, work beyond that is also overtime. However, this does not apply to roles with smaller work hours, or when hours are reduced to prevent layoffs and the majority of employees agree to it.

Days off due to holidays, sick leave, or other paid time are counted as work hours. This law also applies to districts with the merit system, affecting them just like Article 6 of this chapter.

If you earn overtime and your employer lets you take time off instead of getting extra pay, you must use this compensatory time off within a year of working the overtime. This agreement shouldn't disrupt any services your workplace provides.

This rule applies to districts using the merit system, treating it as if it's an official part of that system's regulations.

This law allows certain school district job positions, like supervisors and administrators, to be excluded from overtime pay rules if they are truly management roles. The district's personnel commission or governing board must certify that the job duties, flexibility, salary, and authority justify the exclusion from overtime. Employees can't be unfairly treated because of this exclusion. However, if someone in an excluded position works on a holiday, they must still be compensated, at least at their normal pay rate. This rule is also applicable to districts using a merit system.

This law sets the rules for workweeks and overtime pay for employees who work in districts with a merit system. If an employee works more than five days in a row and usually works four hours or more in a day, they're entitled to extra pay, specifically one and a half times their regular rate, for work done on the sixth or seventh day. However, for those who work less than four hours a day on average, this rule only applies to the seventh day. Some employees who don’t usually get overtime, as per another section, are also not covered by this rule.

This law allows a school district's governing board in California to set up a work schedule of four 10-hour days instead of the traditional five-day workweek. This can be done for certain classes of employees when their work doesn’t require a five-day schedule. To establish this altered workweek, the board needs agreement from the affected employees or their representatives. If employees work more than 10 hours in a day or on additional days (fifth, sixth, or seventh), they get paid overtime at 1.5 times their normal rate. For employees who usually work five hours or fewer per day, overtime also applies to work on the sixth or seventh day. This rule applies to districts with a merit system, similar to rules that start from Section 45240.

This law allows school districts or county superintendents in California to set up a work schedule where employees work nine hours a day, totaling 80 hours over two weeks. This schedule requires agreement from the employee organization or the employee themselves if no organization exists. Employees work nine days every two weeks, with eight nine-hour days and one eight-hour day. Overtime pay is given for hours beyond those limits.

The workweek can start at noon Friday and end the next Friday, or any other chosen day, but it must not exceed 40 hours in any single week. This policy also applies to districts with the merit system, ensuring the same effect as Article 6 under this chapter.

This law allows school districts or county education offices to set up a special work schedule for school police departments consisting of 12-hour days, but only if the employees agree through a formal collective bargaining agreement. This agreement must specifically outline wages, work hours, meal breaks, and arbitration processes for meal break disputes. All overtime should be compensated at a premium rate, and employees' regular hourly pay must be at least 30% higher than the state minimum wage.

The schedule includes seven workdays per two weeks, with six 12-hour days and one 8-hour day. Employees must not exceed 40 hours in any given workweek, ensuring a fair balance and preventing overwork.

This law states that age should not be a barrier to hiring or continuing employment for classified school positions, provided the candidate meets all other qualifications. Regardless of any previously adopted rules, candidates cannot be denied school employment based solely on age.

Additionally, retirees receiving pensions because of past school employment cannot be rehired, except in specific cases like those detailed in the Government Code or when aiding in classes with high pupil-teacher ratios or providing individual instruction to certain students. Those rehired as aides will not earn additional retirement benefits.

There are exceptions for certain individuals employed since September 18, 1959, who cannot lose previously entitled retirement benefits. Lastly, this section also applies to school districts using the merit system, treating it as an integral part of their rules.

This California law allows retired classified school employees to be rehired by a school district. However, it must be done in accordance with specific rules outlined in another part of the Government Code. This rule is also relevant to school districts that use a merit-based hiring system, treating it as if it's part of their own hiring rules.

This law states that both probationary and permanent part-time classified employees in schools are entitled to sick leave and other benefits, similar to full-time employees, but adjusted based on how much they work compared to full time. For example, if they work half as many hours, they get half the benefits.

School districts are required to offer the same basic benefits to all regular classified employees, but they can offer more benefits based on things like job role or seniority. However, part-time benefits can be scaled down based on their reduced hours.

This law doesn't automatically cover substitute, short-term, or limited-term employees unless the school district specifically includes them. It applies in districts using the merit system and doesn't cover benefits listed in a different government code section.

If a part-time school employee in California regularly works more hours than assigned for an extended period, their assignment must be updated to reflect the actual hours worked. This ensures they receive fringe benefits proportionate to their actual hours, not just their original assigned hours. This adjustment is meant to prevent employers from avoiding properly compensating employees by keeping their hours inaccurately low on paper.

Furthermore, if an employee's average work time (minus any time-and-a-half overtime) exceeds their assigned time by 50 minutes or more each day in a quarter, their paid time for holidays and leave in the next quarter should reflect this average. Vacation benefits are based on the average hours worked, unless accrued by different rules. The goal is to ensure part-time employees get fair benefits based on real working hours.

This law allows school districts in California to require their classified staff, like janitors or administrative assistants, to wear specific uniforms. However, the school district must pay for these uniforms and any related equipment or identification items.

This rule also applies to school districts that use a special hiring system known as the 'merit system', ensuring they follow the same uniform policies.

This law allows school districts in California to let certain employees, known as classified employees, switch from full-time to part-time work while keeping their retirement benefits. To qualify, employees must be at least 55 years old, have worked full-time for 10 years (including the last five years continuously), and meet various work hour requirements.

The employee's request to work part-time can only be changed if both they and the employer agree. Their pay is adjusted to reflect the part-time hours, but they continue to receive full-time health benefits and other rights. The part-time work must be at least half of the full-time hours from their last year of full-time work, cannot last more than five years, and must end by the end of the school year when they turn 70.