Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1066

Introduced by Assembly Member Gonzalez

February 26, 2015

An act to amend Sections 45103, 45103.1, 45104, 45256, 45286, 88003, 88003.1, 88004, 88076, and 88105 of the Education Code, relating to classified employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1066, as amended, Gonzalez. Classified employees: nonemployee contractors: limited-term, short-term, and substitute employees.

(1) Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law also authorizes school districts and community college districts to contract for personal services currently or customarily performed by classified employees to achieve cost savings, unless otherwise prohibited, when certain conditions are met.

This bill would recast and revise the statutes relating to the use of nonemployee contractors and limited-term, short-term, and substitute employees in the classified service of school districts and community college districts. Among numerous other changes, the bill would declare that school districts and community college districts have a mandatory duty to classify all of their employees and positions not requiring certification qualifications begin delete , including nonemployee contractors end delete .

The bill would revise the definition of “short-term employee” to require that the working days counted to determine whether an employee had short-term status take place in a single school year or college year. The bill would also include a definition of “limited-term employee” that requires that the service provided by the employee to the school district or community college district be calculated within a single school year or college year.

To the extent that this bill would impose new duties on school districts and community college 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 these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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 any school district shall
employ persons for positions not requiring certification
qualifications. The governing board has a mandatory duty to
classify, and 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 employees, employed and paid for less than
75 percent of a single school year, and short-term employees,
employed and paid for less than 75 percent of a single school year,
shall not be a part of the classified service.

(2) Apprentices and professional experts employed on a limited,
temporary basis for a specific project that is not an ongoing district
venture, irrespective 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 begin delete workstudy program, end delete begin insert end insert begin insert work-study
program end insert 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 of Division 4 and that
is financed by state or federal funds, shall not be a part of the
classified service.

(4) Part-time playground positions shall not be a part of the
classified service, where the employee is not otherwise employed
in a classified position. Part-time playground positions shall be
considered a part of the classified service when the employee in
the position also works in the same school district in a classified
position.

(c) Unless otherwise permitted, a person whose position does
not require certification qualifications shall not be employed by a
governing board, except as authorized by this section.

(d) As used in this section:

(1) “Seventy-five percent of a single school year” means 195
working days of a single school year, including holidays, sick
leave, vacation, and other leaves of absence, irrespective of number
of hours worked per day.

(2) “Short-term employee” means any person who is employed
to perform a discrete service for the district, upon the completion
of which, the service required or similar services will not be
extended or needed on a continuing or recurring basis. Before
employing a short-term employee, the governing board, 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 starting and ending dates of the service. The ending
date may be shortened or extended by the governing board, but
shall not extend beyond 75 percent of a single school year, and
the district shall not employ a short-term employee in subsequent
school years to perform the same or similar services.

(3) “Substitute employee” means any person employed to
replace any classified employee who is temporarily absent from
duty. In addition, if the district is then engaged in a procedure to
hire a permanent employee to fill a vacancy in any classified
position, the governing board 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.

(e) Employment of either full-time or part-time students in any
college begin delete workstudy program, end delete begin insert work-study program end insert 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 districts not incorporating
the merit system as outlined in Article 6 (commencing with Section
45240).

SEC. 2.  

Section 45103.1 of the Education Code is amended to
read:

45103.1.  

(a) Notwithstanding any other provision of this
chapter, personal services contracting with nonemployee
contractors for all services currently or customarily performed by
classified school employees to achieve cost savings is permissible,
unless otherwise prohibited, when all the following conditions are
met:

(1) The governing board or contracting agency clearly
demonstrates that the proposed contract will result in actual overall
cost savings to the school district, provided that:

(A) In comparing costs, there shall be included the school
district’s additional cost of providing the same service as proposed
by a contractor. These additional costs shall include the salaries
and benefits of additional staff that would be needed and the cost
of additional space, equipment, and materials needed to perform
the function.

(B) In comparing costs, there shall not be included the school
district’s indirect overhead costs unless these costs can be attributed
solely to the function in question and would not exist if that
function was not performed by the school district. Indirect overhead
costs shall mean the pro rata share of existing administrative
salaries and benefits, rent, equipment costs, utilities, and materials.

(C) In comparing costs, there shall be included in the cost of a
contractor providing a service any continuing school district costs
that would be directly associated with the contracted function.
These continuing school district costs shall include, but not be
limited to, those for inspection, supervision, and monitoring.

(2) Proposals to contract out work shall not be approved solely
on the basis that savings will result from lower contractor pay rates
or benefits. Proposals to contract out work shall be eligible for
approval if the contractor’s wages are at the industry’s level and
do not undercut school district pay rates.

(3) The contract does not cause the displacement of school
district employees. The term “displacement” includes layoff,
demotion, involuntary transfer to a new classification, involuntary
transfer to a new location requiring a change of residence, and
time base reductions. Displacement does not include changes in
shifts or days off, nor does it include reassignment to other
positions within the same classification and general location or
employment with the contractor, so long as wages and benefits
are comparable to those paid by the school district.

(4) The savings shall be large enough to ensure that they will
not be eliminated by private sector and district cost fluctuations
that could normally be expected during the contracting period.

(5) The amount of savings clearly justify the size and duration
of the contracting agreement.

(6) The contract is awarded through a publicized, competitive
bidding process.

(7) The contract includes specific provisions pertaining to the
qualifications of the staff that will perform the work under the
contract, as well as assurance that the contractor’s hiring practices
meet applicable nondiscrimination standards.

(8) The potential for future economic risk to the school district
from potential contractor rate increases is minimal.

(9) The contract is with a firm. A “firm” means a corporation,
limited liability company, partnership, nonprofit organization, or
sole proprietorship.

(10) The potential economic advantage of contracting is not
outweighed by the public’s interest in having a particular function
performed directly by the school district.

(b) Notwithstanding any other provision of this chapter, personal
services contracting for nonemployee contractors shall also be
permissible when any of the following conditions can be met:

(1) The contract is for new school district functions and the
Legislature has specifically mandated or authorized the
performance of the work by independent contractors.

(2) The services contracted are not available within the district,
cannot be performed satisfactorily by school district employees,
or are of such a highly specialized or technical nature that the
necessary expert knowledge, experience, and ability are not
available through the school district.

(3) The services are incidental to a contract for the purchase or
lease of real or personal property. Contracts under this criterion,
known as “service agreements,” shall include, but not be limited
to, agreements to service or maintain office equipment or
computers that are leased or rented.

(4) The policy, administrative, or legal goals and purposes of
the district cannot be accomplished through the utilization of
persons selected pursuant to the regular or ordinary school district
hiring process. Contracts are permissible under this criterion to
protect against a conflict of interest or to ensure independent and
unbiased findings in cases where there is a clear need for a
different, outside perspective. These contracts shall include, but
not be limited to, obtaining expert witnesses in litigation.

(5) The nature of the work is such that the criteria for emergency
appointments apply. “Emergency appointment” means an
appointment made for a period not to exceed 60 working days of
a single school year either during an actual emergency to prevent
the stoppage of public business or because of the limited duration
of the work. The method of selection and the qualification
standards for an emergency nonemployee contractor shall be
determined by the district. The frequency of appointment, length
of contract, and the circumstances appropriate for the appointment
of firms or individuals under emergency appointments as
nonemployee contractors shall be restricted so as to prevent the
use of emergency appointments to circumvent the regular or
ordinary hiring process for school district employees.

(6) The contractor will provide equipment, materials, facilities,
or support services that could not feasibly be provided by the
school district in the location where the services are to be
performed.

(7) The nature of the services, objectively determined, is so
urgent, temporary, or occasional that the delay incumbent in the
implementation of those services under the district’s regular or
ordinary hiring process would frustrate their very purpose, therefore
requiring the use of nonemployee contractors. The use of any
nonemployee contractor by a school district under this section is
limited to 60 working days of a single school year.

(c) This section shall apply to all school districts, including
districts that have adopted the merit system.

(d) This section shall apply to nonemployee personal service
contracts entered into after January 1, 2003. This section shall not
apply to the renewal of personal services contracts subsequent to
January 1, 2003, where the contract was entered into before January
1, 2003, irrespective of whether the contract is renewed or rebid
with the existing contractor or with a new contractor.

SEC. 3.  

Section 45104 of the Education Code is amended to
read:

45104.  

(a) A school district has a mandatory duty to classify,
and shall classify, every position not defined by this code as a
position requiring certification qualifications and not specifically
exempted from the classified service pursuant to Section 45103
or 45256, as required by those sections. These positions shall be
a part of the classified service. These positions shall not be
designated as certificated, the assignment of a title to any such begin delete a end delete
position shall not remove the position from the classified service,
and possession of a certification document shall not be made a
requirement for employment in the position.

begin delete

(b) A school district has a mandatory duty to classify, and shall
classify, each position held by a nonemployee contractor in
accordance with Section 45103.1.

end delete begin delete

(c)

end delete

begin insert ( end insert begin insert b) end insert  Nothing in this section shall be construed to prohibit the
employment of any individual in a position described by this
section as part of the classified service who is in possession of
certification qualifications, nor shall the possession of certification
qualifications be grounds for the elimination of an individual for
consideration for employment in such a position.

begin delete

(d)

end delete

begin insert ( end insert begin insert c) end insert  An employee of a school district, or the exclusive
representative of such an employee within the meaning of Section
3543.8 of the Government Code, may bring an action to challenge
the classification of an employee or position by a school district
under subdivision (a) of Section 45103 begin insert , end insert subdivision (a) of Section
45286, or this section, or to compel a school district to classify an
employee or position as required by those provisions.

begin delete

(e)

end delete

begin insert ( end insert begin insert d) end insert  This section shall apply to districts which have adopted the
merit system in the same manner and with the same effect as
though it were a part of Article 6 (commencing with Section
45240).

SEC. 4.  

Section 45256 of the Education Code is amended to
read:

45256.  

(a) The commission has a mandatory duty to classify,
and shall classify, all employees and positions within the
jurisdiction of the governing board or of the commission, except
those that are exempt from the classified service, as specified in
subdivision (b). The employees and positions shall be known as
the classified service. “To classify” shall include, but not
necessarily be limited to, allocating positions to appropriate classes,
arranging classes into occupational hierarchies, determining
reasonable relationships within occupational hierarchies, and
preparing written class specifications.

(b) All of the following are exempt from the classified service:

(1) Positions which require certification qualifications.

(2) Full-time students employed part time.

(3) Part-time students employed part time in any college
begin delete workstudy program, end delete begin insert work-study program end insert 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 of Division 4 and that is financed by state or federal
funds.

(4) Apprentice positions of a limited, temporary nature.

(5) Positions established for the employment of professional
experts on a limited, temporary basis for a specific project that is
not an ongoing district venture by the governing board or by the
commission when so designated by the commission.

(6) Part-time playground positions, where the employee is not
otherwise employed in a classified position. Part-time playground
positions shall be considered part of the classified service when
the employee in the position also works in the same school district
in a classified position.

(c) (1) Employment of either full-time or part-time students in
any college begin delete workstudy program, end delete begin insert work-study program end insert or in a work
experience education program shall not result in the displacement
of classified personnel or impair existing contracts for services.

(2) Nothing in this section shall prevent an employee, who has
attained regular status in a full-time position, from taking a
voluntary reduction in time and retaining his or her regular status
under the provisions of this law.

(d) No person whose contribution consists solely in the rendition
of individual personal services and whose employment does not
come within the scope of the exceptions listed above shall be
employed outside the classified service.

(e) A part-time position is one for which the assigned time,
when computed on an hourly, daily, weekly, or monthly basis, is
less than 871⁄2 percent of the normally assigned time of the majority
of employees in the classified service.

SEC. 5.  

Section 45286 of the Education Code is amended to
read:

45286.  

(a) Whenever the appointing power shall require the
appointment of a limited-term employee to a position, the duration
of which is not to exceed six consecutive months in a single school
year, or, in case of an appointment of a substitute employee in lieu
of a temporarily absent employee, the duration of which is not to
exceed the authorized absence of that employee, the appointing
power shall have a ministerial duty to appoint the substitute or
limited-term employee to the position subject to the requirements
of this section.

(b) For substitute employees, the appointing power shall submit
a request in which the probable duration of the appointment is
stated. For limited-term employees, the appointing power shall
submit a request certifying the starting and ending dates of the
service for the position. The ending date for a limited-term
employee may be advanced or delayed by the appointing power,
but the term shall not extend beyond six consecutive months in a
single school year, and the school district may not employ a
limited-term employee in subsequent school years to perform the
same or similar services.

(c) Eligible persons shall be certified in accordance with their
position on the appropriate employment list and their willingness
to accept appointment to that position as limited-term or substitute
employees. Limited-term and substitute employees shall be subject
to conditions affecting status and tenure during and after
employment that the commission may by rule determine.
Notwithstanding these limitations on the duration of these
positions, the commission may, based on a declaration of an
emergency by the President of the United States or the Governor,
authorize an extension that may not exceed one year. The duties
of the extended position shall be related to the emergency.

(d) As used in this section:

(1) “Limited-term employee” means any person who is
employed to perform for the school district a discrete service, the
duration of which is not to exceed six consecutive months in a
single school year, if upon the completion of the discrete service,
no similar service shall be needed on a continuing or recurring
basis.

(2) “Substitute employee” means any person employed to
replace any 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 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.

SEC. 6.  

Section 88003 of the Education Code is amended to
read:

88003.  

(a) The governing board of any community college
district shall employ persons for positions that are not academic
positions. The governing board, except where Article 3
(commencing with Section 88060) or Section 88137 applies, has
a mandatory duty to classify, and shall classify, all those employees
and positions. The employees and positions shall be known as the
classified service. Substitute employees, employed and paid for
less than 75 percent of a single college year, and short-term
employees, employed and paid for less than 75 percent of a single
college year, shall not be a part of the classified service. Part-time
playground positions, apprentices, and professional experts
employed on a limited, temporary basis for a specific project that
is not an ongoing district venture, irrespective of length of
employment, shall not be a part of the classified service. Full-time
students employed part time, and part-time students employed part
time in any college work-study program, or in a work experience
education program conducted by a community college district and
which is financed by state or federal funds, shall not be a part of
the classified service. Unless otherwise permitted, a person whose
position does not require certification qualifications shall not be
employed by a governing board, except as authorized by this
section.

(b) As used in this section:

(1) “Seventy-five percent of a single college year” means 195
working days of a single college year, including holidays, sick
leave, vacation, and other leaves of absences, irrespective of
number of hours worked per day.

(2) “Short-term employee,” as used in this section, means any
person who is employed to perform a discrete service for the
district, upon the completion of which, the service required or
similar services will not be extended or needed on a continuing or
recurring basis. Before employing a short-term employee, the
governing board, 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 88001, and shall certify the starting and ending dates of
the service. The ending date may be shortened or extended by the
governing board, but shall not extend beyond 75 percent of a single
begin delete school end delete begin insert college end insert year, and the district shall not employ a short-term
employee in subsequent college years to perform the same or
similar services.

(3) “Substitute employee,” as used in this section, means any
person employed to replace any classified employee who is
temporarily absent from duty. In addition, if the district is then
engaged in a procedure to hire a permanent employee to fill a
vacancy in any classified position, the governing board 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.

(c) Employment of either full-time or part-time students in any
college work-study program, or in a work experience education
program shall not result in the displacement of classified personnel
or impair existing contracts for services.

(d) This section shall apply only to districts not incorporating
the merit system as outlined in Article 3 (commencing with Section
88060).

SEC. 7.  

Section 88003.1 of the Education Code is amended to
read:

88003.1.  

(a) Notwithstanding any other provision of this
chapter, personal services contracting with nonemployee
contractors for all services currently or customarily performed by
classified school employees to achieve cost savings is permissible,
unless otherwise prohibited, when all the following conditions are
met:

(1) The governing board or contracting agency clearly
demonstrates that the proposed contract will result in actual overall
cost savings to the community college district, provided that:

(A) In comparing costs, there shall be included the community
college district’s additional cost of providing the same service as
proposed by a contractor. These additional costs shall include the
salaries and benefits of additional staff that would be needed and
the cost of additional space, equipment, and materials needed to
perform the function.

(B) In comparing costs, there shall not be included the
community college district’s indirect overhead costs unless these
costs can be attributed solely to the function in question and would
not exist if that function was not performed by the community
college district. Indirect overhead costs shall mean the pro rata
share of existing administrative salaries and benefits, rent,
equipment costs, utilities, and materials.

(C) In comparing costs, there shall be included in the cost of a
contractor providing a service any continuing community college
district costs that would be directly associated with the contracted
function. These continuing community college district costs shall
include, but not be limited to, those for inspection, supervision,
and monitoring.

(2) Proposals to contract out work shall not be approved solely
on the basis that savings will result from lower contractor pay rates
or benefits. Proposals to contract out work shall be eligible for
approval if the contractor’s wages are at the industry’s level and
do not undercut community college district pay rates.

(3) The contract does not cause the displacement of community
college district employees. The term “displacement” includes
layoff, demotion, involuntary transfer to a new classification,
involuntary transfer to a new location requiring a change of
residence, and time base reductions. Displacement does not include
changes in shifts or days off, nor does it include reassignment to
other positions within the same classification and general location
or employment with the contractor, so long as wages and benefits
are comparable to those paid by the school district.

(4) The savings shall be large enough to ensure that they will
not be eliminated by private sector and community college district
cost fluctuations that could normally be expected during the
contracting period.

(5) The amount of savings clearly justify the size and duration
of the contracting agreement.

(6) The contract is awarded through a publicized, competitive
bidding process.

(7) The contract includes specific provisions pertaining to the
qualifications of the staff that will perform the work under the
contract, as well as assurance that the contractor’s hiring practices
meet applicable nondiscrimination standards.

(8) The potential for future economic risk to the community
college district from potential contractor rate increases is minimal.

(9) The contract is with a firm. A “firm” means a corporation,
limited liability company, partnership, nonprofit organization, or
sole proprietorship.

(10) The potential economic advantage of contracting is not
outweighed by the public’s interest in having a particular function
performed directly by the community college district.

(b) Notwithstanding any other provision of this chapter, personal
services contracting for nonemployee contractors shall also be
permissible when any of the following conditions can be met:

(1) The contract is for new community college district functions
and the Legislature has specifically mandated or authorized the
performance of the work by independent contractors.

(2) The services contracted are not available within community
college districts, cannot be performed satisfactorily by community
college district employees, or are of such a highly specialized or
technical nature that the necessary expert knowledge, experience,
and ability are not available through the community college district.

(3) The services are incidental to a contract for the purchase or
lease of real or personal property. Contracts under this criterion,
known as “service agreements,” shall include, but not be limited
to, agreements to service or maintain office equipment or
computers that are leased or rented.

(4) The policy, administrative, or legal goals and purposes of
the community college district cannot be accomplished through
the utilization of persons selected pursuant to the regular or
ordinary hiring process. Contracts are permissible under this
criterion to protect against a conflict of interest or to ensure
independent and unbiased findings in cases where there is a clear
need for a different, outside perspective. These contracts shall
include, but not be limited to, obtaining expert witnesses in
litigation.

(5) The nature of the work is such that the criteria for emergency
appointments apply. “Emergency appointment” means an
appointment made for a period not to exceed 60 working days of
a single college year either during an actual emergency to prevent
the stoppage of public business or because of the limited duration
of the work. The method of selection and the qualification
standards for an emergency nonemployee contractor shall be
determined by the community college district. The frequency of
appointment, length of contract, and the circumstances appropriate
for the appointment of firms or individuals under emergency
appointments of non-employee contractors shall be restricted so
as to prevent the use of emergency appointments to circumvent
the regular or ordinary hiring process for community college
district employees.

(6) The contractor will provide equipment, materials, facilities,
or support services that could not feasibly be provided by the
community college district in the location where the services are
to be performed.

(7) The nature of the services, objectively determined, is so
urgent, temporary, or occasional that the delay incumbent in the
implementation of those services under the community college
district’s regular or ordinary hiring process would frustrate their
very purpose, therefore requiring the use of nonemployee
contractors. The use of any nonemployee contractor by a
community college district under this section is limited to 60
working days of a single college year.

(c) This section shall apply to all community colleges, including
community college districts that have adopted the merit system.

(d) This section shall apply to nonemployee personal service
contracts entered into after January 1, 2003. This section shall not
apply to the renewal of personal services contracts subsequent to
January 1, 2003, where the contract was entered into before January
1, 2003, irrespective of whether the contract is renewed or rebid
with the existing contractor or with a new contractor.

SEC. 8.  

Section 88004 of the Education Code is amended to
read:

88004.  

(a) A community college district has a mandatory duty
to classify, and shall classify, every position not defined by the
regulations of the board of governors as an academic position and
not specifically exempted from the classified service pursuant to
Section 88003 or 88076, as required by those sections. These
positions shall be a part of the classified service. These positions
may not be designated as academic by the governing board of a
district, nor shall the assignment of a title to any such begin delete a end delete position
remove the position from the classified service.

begin delete

(b) A community college district has a mandatory duty to
classify, and shall classify, each position held by a nonemployee
contractor in accordance with Section 88003.1.

end delete begin delete

(c)

end delete

begin insert ( end insert begin insert b) end insert  Nothing in this section shall be construed to prohibit anyone
from being employed in a classification because he or she possesses
the minimum qualifications required of faculty members or
academic administrators, nor shall the possession of those
qualifications be grounds for the elimination of an individual from
consideration for employment in a classified position.

begin delete

(d)

end delete

begin insert ( end insert begin insert c) end insert  An employee of a community college district, or the
exclusive representative of such an employee within the meaning
of Section 3543.8 of the Government Code, may bring an action
to challenge the classification of an employee or position by a
community college district under subdivision (a) of Section 88003,
subdivision (a) of Section 88076, or this section, or to compel a
community college district to classify an employee or position as
required by those provisions.

begin delete

(e)

end delete

begin insert ( end insert begin insert d) end insert  This section shall apply to districts which have adopted the
merit system in the same manner and with the same effect as
though it were a part of Article 3 (commencing with Section 88060)
of this chapter.

SEC. 9.  

Section 88076 of the Education Code is amended to
read:

88076.  

(a) The commission has a mandatory duty to classify,
and shall classify all employees and positions within the
jurisdiction of the governing board or of the commission, except
those which are exempt from the classified service, as specified
in subdivision (b). The employees and positions shall be known
as the classified service. “To classify” shall include, but not
necessarily be limited to, allocating positions to appropriate classes,
arranging classes into occupational hierarchies, determining
reasonable relationships within occupational hierarchies, and
preparing written class specifications.

(b) The following positions and employees are exempt from the
classified service:

(1) Academic positions.

(2) Part-time playground positions.

(3) Full-time students employed part time.

(4) Part-time students employed part time in any college
work-study program or in a work experience education program
conducted by a community college which is financed by state or
federal funds.

(5) Apprentice positions of a limited, temporary nature.

(6) Positions established for the employment of professional
experts on a limited, temporary basis for a specific project that is
not an ongoing district venture by the governing board or by the
commission when so designated by the commission.

(c) (1) Employment of either full-time or part-time students in
any college work-study program, or in a work experience education
program shall not result in the displacement of classified personnel
or impair existing contracts for services.

(2) Nothing in this section shall prevent an employee, who has
attained regular status in a full-time position, from taking a
voluntary reduction in time and retaining his or her regular status
under the provisions of this law.

(d) No person whose contribution consists solely in the rendition
of individual personal services and whose employment does not
come within the scope of the exceptions listed above shall be
employed outside the classified service.

(e) A part-time position is one for which the assigned time,
when computed on an hourly, daily, weekly, or monthly basis, is
less than 871⁄2 percent of the normally assigned time of the majority
of employees in the classified service.

SEC. 10.  

Section 88105 of the Education Code is amended to
read:

88105.  

(a) Whenever the appointing power requires the
appointment of a limited-term employee to a position, the duration
of which is not to exceed six consecutive months in a single college
year, or, in case of an appointment of a substitute employee in lieu
of a temporarily absent employee, the duration of which is not to
exceed the authorized absence of that employee, the appointing
power shall have a ministerial duty to appoint the substitute or
limited-term employee to the position subject to the requirements
of this section.

(b) For substitute employees, the appointing power shall submit
a request in which the probable duration of the appointment is
stated. For limited-term employees, the appointing power shall
submit a request certifying the starting and ending dates of the
service for the position. The ending date for a limited-term
employee may be advanced or delayed by the appointing power,
but the term shall not extend beyond six consecutive months in a
single college year, and the community college district may not
employ a limited-term employee in subsequent college years to
perform the same or similar services.

(c) Eligible persons shall be certified in accordance with their
position on the appropriate employment list and their willingness
to accept appointment to such a position as limited-term or
substitute employees. Limited-term and substitute employees shall
be subject to those conditions affecting status and tenure during
and after the employment as the commission may by rule
determine. Notwithstanding these limitations on the duration of
these positions, the commission may, based on a declaration of an
emergency by the President of the United States or the Governor,
authorize an extension that may not exceed one year. The duties
of the extended position shall be related to the emergency.

(d) As used in this section:

(1) “Limited-term employee” means any person who is
employed to perform for the community college district a discrete
service, the duration of which is not to exceed six consecutive
months in a single college year, if upon the completion of the
discrete service, begin delete as end delete begin insert a end insert similar service shall be needed on a continuing
or recurring basis.

(2) “Substitute employee” means any person employed to
replace any classified employee who is temporarily absent from
duty. In addition, if the community college district is then engaged
in a procedure to hire a permanent employee to fill a vacancy in
any classified position, the community college 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.

SEC. 11.  

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.