School districts: community college districts: short-term employees: classified service.

Plain English Breakdown

The bill text uses 'rebuttable presumption' rather than direct requirements.

School Districts and Community Colleges: Short-Term Employees

This law establishes conditions under which short-term employees in school districts and community colleges may be placed into the classified service.

What This Bill Does

• Establishes a rebuttable presumption that a school district or community college district must place a short-term employee into the classified service if they work beyond 75% of a school year or college year.
• Establishes a rebuttable presumption for rehiring short-term employees who were laid off, voluntarily left, or terminated before completing at least 50% but less than 75% of a school year or college year and then are rehired to perform substantially the same services for at least half the next year.
• Establishes a rebuttable presumption that if short-term employee positions are used for more than half of three out of five consecutive years, these employees should be considered for placement into the classified service.

Who It Names or Affects

• School districts
• Community college districts
• Short-term employees

Terms To Know

classified service

A group of positions and employees in school or community college districts that do not require certification qualifications.

short-term employee

An employee hired for less than 75% of a school year or college year.

Limits and Unknowns

• The bill does not specify what happens if the conditions are not met.
• It is unclear how this change will affect current short-term employees who do not meet the new criteria.

Official Summary Text

AB 2142, as amended, Garcia.
School districts: community college districts: short-term employees: classified service.
Existing law requires the governing board of a school district and the governing board of a community college district to employ persons for positions not requiring certification qualifications and to classify, as defined, these employees and positions. Existing law requires these employees and positions to be known as the classified service. Existing law prohibits substitute and short-term employees, as defined, employed and paid for less than 75% of a school
year or college
year, from being part of the classified service.
This bill would establish a rebuttable presumption that a school district or community college district is required to
place
replace
a short-term employee
into the
position with a position in the
classified service if
(1)
the short-term employee
either
performs
the
required service
or any other service, or any combination of services,
of the position
beyond 75% of a school
year, or
year or college year, (2) the short-term employee
voluntarily separates or is laid off or terminated from employment
as a short-term employee before a date constituting
for at least 50% but less than
75% of a school year
or college year
and is then rehired
by the school district or community college district at any point, including subsequent school years.
in the next school year or college year to perform substantially the same services for at least 50% of the school year or college year, or (3) the services of the short-term employee position are used at least 50% of a school year or college year for 3 of 5 consecutive school years or college years.

Current Bill Text

Download Bill PDF