California 2017-2018 Regular Session

California Assembly Bill AB670 Compare Versions

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1-Assembly Bill No. 670 CHAPTER 582 An act to amend Section 45103 of the Education Code, relating to classified employees. [ Approved by Governor October 08, 2017. Filed with Secretary of State October 08, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 670, Thurmond. Classified employees: part-time playground positions.(1) Existing law requires school districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. Under existing law, these employees make up the classified service. Existing law exempts a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. Existing law requires that a position not defined as requiring certification qualifications and not specifically exempted from the classified service is a part of the classified service. This bill would delete the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service. To the extent this bill would impose new duties on school 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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 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.(2) 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.(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.(d) As used in this section:(1) Substitute employee means a person employed to replace a 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 governing board of 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.(2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.(3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.(e) Employment of either full-time or part-time students in any college workstudy program, 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 school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).SEC. 2. 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.
1+Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly May 31, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 670Introduced by Assembly Member ThurmondFebruary 15, 2017 An act to amend Section 45103 of the Education Code, relating to classified employees. LEGISLATIVE COUNSEL'S DIGESTAB 670, Thurmond. Classified employees: part-time playground positions.(1) Existing law requires school districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. Under existing law, these employees make up the classified service. Existing law exempts a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. Existing law requires that a position not defined as requiring certification qualifications and not specifically exempted from the classified service is a part of the classified service. This bill would delete the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service. To the extent this bill would impose new duties on school 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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 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.(2) 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.(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.(d) As used in this section:(1) Substitute employee means a person employed to replace a 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 governing board of 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.(2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.(3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.(e) Employment of either full-time or part-time students in any college workstudy program, 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 school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).SEC. 2. 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.
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3- Assembly Bill No. 670 CHAPTER 582 An act to amend Section 45103 of the Education Code, relating to classified employees. [ Approved by Governor October 08, 2017. Filed with Secretary of State October 08, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 670, Thurmond. Classified employees: part-time playground positions.(1) Existing law requires school districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. Under existing law, these employees make up the classified service. Existing law exempts a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. Existing law requires that a position not defined as requiring certification qualifications and not specifically exempted from the classified service is a part of the classified service. This bill would delete the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service. To the extent this bill would impose new duties on school 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
3+ Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly May 31, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 670Introduced by Assembly Member ThurmondFebruary 15, 2017 An act to amend Section 45103 of the Education Code, relating to classified employees. LEGISLATIVE COUNSEL'S DIGESTAB 670, Thurmond. Classified employees: part-time playground positions.(1) Existing law requires school districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. Under existing law, these employees make up the classified service. Existing law exempts a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. Existing law requires that a position not defined as requiring certification qualifications and not specifically exempted from the classified service is a part of the classified service. This bill would delete the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service. To the extent this bill would impose new duties on school 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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
4+
5+ Enrolled September 15, 2017 Passed IN Senate September 12, 2017 Passed IN Assembly May 31, 2017
6+
7+Enrolled September 15, 2017
8+Passed IN Senate September 12, 2017
9+Passed IN Assembly May 31, 2017
10+
11+ CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
412
513 Assembly Bill No. 670
6-CHAPTER 582
14+
15+Introduced by Assembly Member ThurmondFebruary 15, 2017
16+
17+Introduced by Assembly Member Thurmond
18+February 15, 2017
719
820 An act to amend Section 45103 of the Education Code, relating to classified employees.
9-
10- [ Approved by Governor October 08, 2017. Filed with Secretary of State October 08, 2017. ]
1121
1222 LEGISLATIVE COUNSEL'S DIGEST
1323
1424 ## LEGISLATIVE COUNSEL'S DIGEST
1525
1626 AB 670, Thurmond. Classified employees: part-time playground positions.
1727
1828 (1) Existing law requires school districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. Under existing law, these employees make up the classified service. Existing law exempts a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. Existing law requires that a position not defined as requiring certification qualifications and not specifically exempted from the classified service is a part of the classified service. This bill would delete the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service. To the extent this bill would impose new duties on school 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 the statutory provisions noted above.
1929
2030 (1) Existing law requires school districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. Under existing law, these employees make up the classified service. Existing law exempts a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position. Existing law requires that a position not defined as requiring certification qualifications and not specifically exempted from the classified service is a part of the classified service.
2131
2232 This bill would delete the provision exempting a person employed in a part-time playground position from the classified service, where the person is not otherwise employed in a classified position, thereby making that person a part of the classified service. To the extent this bill would impose new duties on school districts, it would constitute a state-mandated local program.
2333
2434 (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.
2535
2636 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 the statutory provisions noted above.
2737
2838 ## Digest Key
2939
3040 ## Bill Text
3141
3242 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 a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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 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.(2) 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.(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.(d) As used in this section:(1) Substitute employee means a person employed to replace a 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 governing board of 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.(2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.(3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.(e) Employment of either full-time or part-time students in any college workstudy program, 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 school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).SEC. 2. 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.
3343
3444 The people of the State of California do enact as follows:
3545
3646 ## The people of the State of California do enact as follows:
3747
3848 SECTION 1. Section 45103 of the Education Code is amended to read:45103. (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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 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.(2) 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.(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.(d) As used in this section:(1) Substitute employee means a person employed to replace a 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 governing board of 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.(2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.(3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.(e) Employment of either full-time or part-time students in any college workstudy program, 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 school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
3949
4050 SECTION 1. Section 45103 of the Education Code is amended to read:
4151
4252 ### SECTION 1.
4353
4454 45103. (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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 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.(2) 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.(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.(d) As used in this section:(1) Substitute employee means a person employed to replace a 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 governing board of 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.(2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.(3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.(e) Employment of either full-time or part-time students in any college workstudy program, 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 school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
4555
4656 45103. (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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 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.(2) 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.(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.(d) As used in this section:(1) Substitute employee means a person employed to replace a 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 governing board of 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.(2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.(3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.(e) Employment of either full-time or part-time students in any college workstudy program, 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 school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
4757
4858 45103. (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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 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.(2) 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.(3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.(c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.(d) As used in this section:(1) Substitute employee means a person employed to replace a 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 governing board of 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.(2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.(3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.(e) Employment of either full-time or part-time students in any college workstudy program, 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 school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
4959
5060
5161
5262 45103. (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school district 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.
5363
5464 (b) (1) 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.
5565
5666 (2) 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.
5767
5868 (3) Full-time students employed part time, and part-time students employed part time in any college workstudy 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.
5969
6070 (c) Unless otherwise permitted, a person whose position does not require certification qualifications shall not be employed by a governing board of a school district, except as authorized by this section.
6171
6272 (d) As used in this section:
6373
6474 (1) Substitute employee means a person employed to replace a 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 governing board of 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.
6575
6676 (2) Short-term employee means a person who is employed to perform a service for the school 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 of a school district, 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 ending date of the service. The ending date may be shortened or extended by the governing board of a school district, but shall not extend beyond 75 percent of a school year.
6777
6878 (3) Seventy-five percent of a school year means 195 working days, including holidays, sick leave, vacation, and other leaves of absence, irrespective of number of hours worked per day.
6979
7080 (e) Employment of either full-time or part-time students in any college workstudy program, or in a work experience education program, shall not result in the displacement of classified personnel or impair existing contracts for services.
7181
7282 (f) This section shall apply only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).
7383
7484 SEC. 2. 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.
7585
7686 SEC. 2. 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.
7787
7888 SEC. 2. 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.
7989
8090 ### SEC. 2.