BILL NUMBER: SB 360 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 30, 2000
AMENDED IN ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 10, 2000
AMENDED IN ASSEMBLY JUNE 22, 2000
AMENDED IN ASSEMBLY JUNE 1, 2000
AMENDED IN SENATE APRIL 27, 1999
INTRODUCED BY Senator Solis
FEBRUARY 10, 1999
An act to amend Sections 45103 and 88003 of the Education Code,
relating to classified employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 360, Solis. Classified employees.
Existing law requires the governing board of a school district to
classify, except as specified, all employees for positions not
requiring certification qualifications. Under existing law, these
employees and positions are known as the classified service.
Existing law excludes from the classified service substitute and
short-term employees of a school district who are employed and paid
for less than 75% of a school year.
This bill would require the governing board of a school district,
before employing a short-term employee, to specify the service
required to be performed by the employee and certify the estimated
ending date of the service. The bill would provide that the
estimated ending date would not be binding on the employee or the
board.
Existing law requires the governing board of a community college
district to classify, except as specified, all employees for
positions that are not academic positions. Under existing law, these
employees and positions are known as the classified service.
Existing law excludes from the classified service substitute and
short-term employees of a community college district who are employed
and paid for less than 75% of a college year.
This bill would require the governing board of a community college
district, before employing a short-term employee, to specify the
service required to be performed by the employee and certify the
estimated ending date of the service. The bill would provide that
the estimated ending date would not be binding on the employee or the
board.
This bill would incorporate additional changes in Section 45103
and 88003 of the Education Code proposed by SB 358, to become
operative only if both bills are enacted and become operative on or
before January 1, 2001, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 45103 of the Education Code is amended to read:
45103. The governing board of any school district shall employ
persons for positions not requiring certification qualifications.
The governing board shall, except where Article 6 (commencing with
Section 45240) or Section 45318 applies, classify all those employees
and positions. The employees and positions shall be known as the
classified service. Substitute and short-term employees, employed
and paid for less than 75 percent of a school year, shall not be a
part of the classified service. Part-time playground positions,
apprentices and professional experts employed on a temporary basis
for a specific project, regardless 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 pursuant to Article 7
(commencing with Section 51760) of Chapter 5 of Part 28 and that is
financed by state or federal funds, shall not be a part of the
classified service.
"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.
"Short-term employee," as used in this section, means any person
who is employed to perform a service for the district, upon the
completion of which, the service required or similar services will
not be extended or needed on a continuing basis. Before employing a
short-term employee, the governing board shall specify the service
required to be performed by the employee, and shall certify the
estimated ending date of the service. The estimated ending date
shall not be binding on the employee or the board.
"Seventy-five percent of a school year" means 195 working days,
including holidays, sick leave, vacation, and other leaves of
absences, irrespective of number of hours worked per day.
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.
This section shall apply only to districts not incorporating the
merit system as outlined in Article 6 (commencing with Section
45240).
SEC. 1.5. Section 45103 of the Education Code is amended to read:
45103. The governing board of any school district shall employ
persons for positions not requiring certification qualifications.
The governing board shall, except where Article 6 (commencing with
Section 45240) or Section 45318 applies, classify all those employees
and positions. The employees and positions shall be known as the
classified service. Substitute and short-term employees, employed
and paid for less than 75 percent of a school year, shall not be a
part of the classified service. Part-time playground positions,
apprentices and professional experts employed on a temporary basis
for a specific project, regardless 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 pursuant to Article 7
(commencing with Section 51760) of Chapter 5 of Part 28 and that is
financed by state or federal funds, shall not be a part of the
classified service.
"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.
"Short-term employee," as used in this section, means any person
who is employed to perform a service for the district, upon the
completion of which, the service required or similar services will
not be extended or needed on a continuing basis. The number of
short-term employees in the classified service employed by a school
district may not, at any time, exceed 20 percent of the school
district's total classified workforce. The 20-percent limitation on
the total number of short-term employees is exclusive of employees
working in specially funded programs or projects that do not receive
multi-year funding. Before employing a short-term employee, the
governing board shall specify the service required to be performed by
the employee, and shall certify the estimated ending date of the
service. The estimated ending date shall not be binding on the
employee or the board.
"Seventy-five percent of a school year" means 195 working days,
including holidays, sick leave, vacation, and other leaves of
absences, irrespective of number of hours worked per day.
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.
This section shall apply only to districts not incorporating the
merit system as outlined in Article 6 (commencing with Section
45240).
SEC. 2. Section 88003 of the Education Code is amended to read:
88003. 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, shall classify all those employees
and positions. The employees and positions shall be known as the
classified service. Substitute and short-term employees, employed
and paid for less than 75 percent of a college year, shall not be a
part of the classified service. Part-time playground positions,
apprentices and professional experts employed on a temporary basis
for a specific project, regardless 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 that is financed by
state or federal funds, shall not be a part of the classified
service.
"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.
"Short-term employee," as used in this section, means any person
who is employed to perform a service for the district, upon the
completion of which, the service required or similar services will
not be extended or needed on a continuing basis. Before employing a
short-term employee, the governing board shall specify the service
required to be performed by the employee, and shall certify the
estimated ending date of the service. The estimated ending date
shall not be binding on the employee or the board.
"Seventy-five percent of a college year" means 195 working days,
including holidays, sick leave, vacation, and other leaves of
absences, irrespective of number of hours worked per day.
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.
This section shall apply only to districts not incorporating the
merit system as outlined in Article 3 (commencing with Section
88060).
SEC. 2.5. Section 88003 of the Education Code is amended to read:
88003. 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, shall classify all those employees
and positions. The employees and positions shall be known as the
classified service. Substitute and short-term employees, employed
and paid for less than 75 percent of a college year, shall not be a
part of the classified service. Part-time playground positions,
apprentices and professional experts employed on a temporary basis
for a specific project, regardless 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 that is financed by
state or federal funds, shall not be a part of the classified
service.
"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.
"Short-term employee," as used in this section, means any person
who is employed to perform a service for the district, upon the
completion of which, the service required or similar services will
not be extended or needed on a continuing basis. The number of
short-term employees in the classified service employed by a
community college district may not, at any time, exceed 20 percent of
the community college district's total classified workforce. The
20-percent limitation on the total number of short-term employees is
exclusive of employees working in specially funded programs or
projects that do not receive multi-year funding. Before employing a
short-term employee, the governing board shall specify the service
required to be performed by the employee, and shall certify the
estimated ending date of the service. The estimated ending date
shall not be binding on the employee or the board.
"Seventy-five percent of a college year" means 195 working days,
including holidays, sick leave, vacation and other leaves of
absences, irrespective of number of hours worked per day.
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.
This section shall apply only to districts not incorporating the
merit system as outlined in Article 3 (commencing with Section
88060).
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 45103 of the Education Code proposed by both this bill and SB
358. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 45103 of the Education Code, and (3) this bill is
enacted after SB 358, in which case Section 1 of this bill shall not
become operative.
SEC. 4. Section 2.5 of this bill incorporates amendments to
Section 88003 of the Education Code proposed by both this bill and SB
358. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 88003 of the Education Code, and (3) this bill is
enacted after SB 358, in which case Section 2 of this bill shall not
become operative.