BILL NUMBER: AB 1070	CHAPTERED  08/04/03

	CHAPTER  181
	FILED WITH SECRETARY OF STATE  AUGUST 4, 2003
	APPROVED BY GOVERNOR  AUGUST 3, 2003
	PASSED THE SENATE  JULY 17, 2003
	PASSED THE ASSEMBLY  MAY 15, 2003

INTRODUCED BY   Assembly Member Laird

                        FEBRUARY 20, 2003

   An act to amend Sections 45285 and 88104 of the Education Code,
relating to classified school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1070, Laird.  Classified school employees:  reclassification.
   Existing law requires the personnel commission in a school
district that has adopted the merit system to classify all employees
and positions that do not require certification qualifications or
that are otherwise exempted.  Other existing law requires the
personnel commission of a community college district that has adopted
the merit system to classify all employees and positions that are
not in academic positions or that are otherwise exempted.  All of
these classified employees and positions are known as the classified
service.
   Existing law provides that when all of the positions in a class
are reclassified to a higher class, the incumbents of the positions
who have been in the class for 3 or more years may be reclassified
with their positions, and when a portion of the positions within a
class are reclassified to a higher class, an incumbent who has a
continuous employment record of 3 or more years in one or more
positions being reclassified may be reclassified with the position.
Under existing law, an employee who has been reclassified with his or
her position is ineligible for subsequent reclassification for a
period of at least 3 years from the initial action.
   This bill would decrease all of those 3 year time requirements to
2 years.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 45285 of the Education Code is amended to read:

   45285.  (a) When all of the positions in a class are reclassified
to a higher class, the incumbents of the positions who have been in
the class for two or more years may be reclassified with their
positions by the personnel commission. When a portion of the
positions within a class are reclassified to a higher class, an
incumbent who has a continuous employment record of two or more years
in one or more of the positions being reclassified may be
reclassified with his or her position as provided by personnel
commission rule.
   (b) The basis for reclassification of the position shall be a
gradual accretion of duties and not a sudden change occasioned by a
reorganization or the assignment of completely new duties and
responsibilities.  Determinations as to gradual accretion shall be on
the basis of guidelines provided by personnel commission rules.
   (c) An employee who has been reclassified with his or her position
is ineligible for subsequent reclassification with his or her
position for a period of at least two years from the initial action.

  SEC. 2.  Section 88104 of the Education Code is amended to read:
   88104.  (a) When all of the positions in a class are reclassified
to a higher class, the incumbents of the positions who have been in
the class for two or more years may be reclassified with their
positions by the personnel commission.  When a portion of the
positions within a class are reclassified to a higher class, an
incumbent who has a continuous employment record of two or more years
in one or more of the positions being reclassified may be
reclassified with his or her position as provided by personnel
commission rule.
   (b) The basis for reclassification of the position shall be a
gradual accretion of duties and not a sudden change occasioned by a
reorganization or the assignment of completely new duties and
responsibilities.  Determinations as to gradual accretion shall be on
the basis of guidelines provided by personnel commission rules.
   (c) An employee who has been reclassified with his or her position
is ineligible for subsequent reclassification with his or her
position for a period of at least two years from the initial action.