BILL NUMBER: AB 918 CHAPTERED 09/04/03 CHAPTER 280 FILED WITH SECRETARY OF STATE SEPTEMBER 4, 2003 APPROVED BY GOVERNOR SEPTEMBER 3, 2003 PASSED THE ASSEMBLY AUGUST 21, 2003 PASSED THE SENATE JULY 24, 2003 AMENDED IN SENATE JUNE 5, 2003 INTRODUCED BY Assembly Member Chan (Coauthors: Assembly Members Hancock and Koretz) FEBRUARY 20, 2003 An act to amend Sections 45102 and 88002 of the Education Code, relating to classified school employees. LEGISLATIVE COUNSEL'S DIGEST AB 918, Chan. Classified employees. Under existing law, if it is necessary to assign a classified employee who is not regularly assigned to serve between the end of one academic year and the beginning of another to serve during that period, a school district and a community college district are required to pay the employee on a pro rata basis not less than the compensation and benefits that are applicable to the classification during the regular academic year. This bill would require a regular classified employee who is assigned to perform an assignment or service in addition to his or her regular assignment to be paid on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to that classification during the school year. The bill would require the district to inform the classified employee of the compensation and benefits of the additional assignment or service before the employee begins the additional assignment or service. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 45102 of the Education Code is amended to read: 45102. (a) For the purposes of this section every classified employee shall be deemed to be employed for 12 months during each school year regardless of the number of months in which he or she is normally in paid status. (b) If, during a school year, it is necessary to assign a regular classified employee to perform an assignment or service in addition to his or her regular assignment, a school district shall pay the classified employee on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the school year, unless the school district has negotiated a contract that allows for a lesser pay scale. A school district shall inform a classified employee of the compensation and benefits of the additional assignment or service before the employee commences the additional assignment or service. (c) A school district that, in any school year, maintains school sessions at times other than during the regular September-June academic year shall assign for service during those times regular classified employees of the district. (d) If it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another, that assignment shall be made on the basis of qualifications for employment in each classification of service that is required. (1) A school district may not require a classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year in June to the beginning of the next academic year in September to perform services during that period. (2) A classified employee shall, for services performed as provided in this subdivision, receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular academic year. (e) This section shall apply to 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). SEC. 2. Section 88002 of the Education Code is amended to read: 88002. (a) For the purposes of this section, every classified employee shall be deemed to be employed for 12 months during each college year regardless of the number of months in which he or she is normally in paid status. (b) If, during a college year, it is necessary to assign a regular classified employee to perform an assignment or service in addition to his or her regular assignment, a community college district shall pay the classified employee on a pro rata basis for the additional assignment or service, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular college year, unless the community college district has negotiated a contract that allows for a lesser pay scale. A community college district shall inform a classified employee of the compensation and benefits of the additional assignment or service before the employee commences the additional assignment or service. (c) A community college district that, in any college year, maintains school sessions at times other than during the regular academic year shall assign for service, during those times, regular classified employees of the district. (d) If it is necessary to assign classified employees not regularly so assigned to serve between the end of one academic year and the commencement of another, the assignment shall be made on the basis of qualifications for employment in each classification of service that is required. (1) A community college district may not require a classified employee whose regular yearly assignment for service excludes all, or any part of, the period between the end of the academic year to the beginning of the next academic year to perform services during that period. (2) A classified employee, for services performed as provided in this subdivision, shall receive, on a pro rata basis, not less than the compensation and benefits that are applicable to the classification of the additional assignment or service during the regular academic year. (e) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 3 (commencing with Section 88060).