ARTICLE 1. Employment

Article 1 enacted by Stats. 1976, Ch. 1010.

§§ 45100–45139 · 54 sections

§ 45100 Article 2 (commencing with Section 10340) of Chapter 4 of Part 7, Articles 1 to 5, inclusive (commencing with Section 45100), Article 7 (commencing with…
§ 45100.5 (a) The governing board of a school district may adopt a resolution designating certain positions as senior management of the classified service.…
§ 45101 Definitions as used in this chapter: (a) “Classification” means that each position in the classified service shall have a designated title, a regular minimum…
§ 45102 (a) For the purposes of this section every classified employee shall be deemed to be employed for 12 months during each school year regardless of the number of…
§ 45103 (a) The governing board of a school district shall employ persons for positions not requiring certification qualifications. The governing board of a school…
§ 45103.1 (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school…
§ 45103.5 All contracts for management consulting services relating to food service shall be governed by this section. (a) Notwithstanding Sections 39902, 45103, 45104,…
§ 45104 Every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service…
§ 45104.5 The governing board of a school district may adopt a resolution abolishing any or all positions of the senior management of the classified service. An employee…
§ 45105 (a) Positions not requiring certification qualifications created by a governing board of a school district under the Manpower Development and Training Act of…
§ 45106 Notwithstanding the provisions of Section 45103 or Section 45256, which exempt certain types of positions or categories of personnel from the classified…
§ 45107 (a) The “act” as used in this section shall mean the Federal Emergency Employment Act of 1971 (Public Law 92-54) or any similar federal law hereafter enacted…
§ 45108 If the governing board of any school district establishes positions in the categories described below and restricts initial appointments of new employees to…
§ 45108.5 (a) Senior management employee means either of the following: (1) An employee in the highest position in a principal district program area, as determined by…
§ 45108.7 The governing board of a school district may apply to the State Board of Education to waive the provisions of Section 45108.5 for purposes of expanding the…
§ 45109 Governing boards shall fix and prescribe the duties to be performed by all persons in the classified service and other positions not requiring certification…
§ 45110 Classified employees shall not be required to perform duties which are not fixed and prescribed for the position by the governing board in accordance with…
§ 45111 No school district may adopt or maintain any rule or regulation which requires a candidate for a position in the classified service to be a resident of the…
§ 45112 If the governing board of any school district employs staff assistants or field representatives to directly assist the governing board or individual governing…
§ 45113 (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These…
§ 45114 Notwithstanding the provisions of Section 45113, the governing board may lay off and reemploy classified employees only in accordance with procedures provided…
§ 45115 Notwithstanding any other provision of law, any person who was subject to being, or was in fact, laid off for lack of work or lack of funds and who elected…
§ 45116 A notice of disciplinary action shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary…
§ 45117 (a) (1) No later than March 15 and before a classified employee is given notice by the governing board of a school district that the employee’s services will…
§ 45118 (a) (1) The department, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner,…
§ 45119 Whenever, by reason of any reorganization, other than the unification of districts, all or part of the territory of any school district which has adopted the…
§ 45120 If all or any part of any district or districts which is unified with all or any part of a district, has, or have, the merit system prior to the date of the…
§ 45120.1 Notwithstanding the provisions of Sections 45119 and 45120, when any school district involved in any reorganization, annexation, unionization, merger, or…
§ 45120.2 (a) If the development or revision of a local plan for the education of individuals with exceptional needs pursuant to Chapter 2.5 (commencing with Section…
§ 45121 Persons employed in positions not requiring certification qualifications in districts, all or part of whose territory is included in a unification of…
§ 45122 Whenever a governing board of a school district requires a physical examination to be taken by a classified employee or employees, either by rule or by its…
§ 45122.1 (a) In addition to any other prohibition or provision, no person who has been convicted of a violent or serious felony shall be employed by a school district…
§ 45123 (a) No person shall be employed or retained in employment by a school district who has been convicted of any sex offense as defined in Section 44010. A plea or…
§ 45124 No person shall be employed or retained in employment by a school district who has been determined to be a sexual psychopath under the provisions of Article 1…
§ 45125 (a) (1) Except as provided in Section 45125.01, the governing board of any school district shall require each person to be employed in a position not requiring…
§ 45125.01 (a) If a person is an applicant for employment, or is employed on a part-time or substitute basis, in a position not requiring certification qualifications, or…
§ 45125.1 (a) Any entity that has a contract with a local educational agency shall ensure that any employee who interacts with pupils has a valid criminal records…
§ 45125.2 (a) A school district contracting with an entity for the construction, reconstruction, rehabilitation, or repair of a school facility where the employees of…
§ 45125.5 A school district or county office of education may request that a local law enforcement agency conduct an automated records check of a prospective…
§ 45126 Any provision of law to the contrary notwithstanding, the Department of Justice, shall, as provided in Section 45125, furnish, upon application of a local…
§ 45127 (a) The workweek of a classified employee, as defined in Section 45103 or 45256, shall be 40 hours. The workday shall be eight hours. These provisions do not…
§ 45128 The governing board of each district shall provide the extent to which, and establish the method by which ordered overtime is compensated. The board shall…
§ 45129 When compensatory time off is authorized in lieu of cash compensation, such compensatory time off shall be granted within 12 calendar months following the…
§ 45130 Notwithstanding the provisions of Sections 45127 and 45128, a personnel commission, when applicable, or a governing board of a school district may specify…
§ 45131 Notwithstanding the provisions of Section 45127, the workweek shall consist of not more than five consecutive working days for any employee having an average…
§ 45132 Notwithstanding the provisions of Section 45131, a governing board of a district may establish a 10-hour-per-day, 40-hour, four-consecutive-day workweek for…
§ 45133 (a) Notwithstanding Sections 45127 and 45131, a governing board of a school district or a county superintendent of schools may establish a 9-hour-per-day,…
§ 45133.5 (a) Notwithstanding Sections 45127 and 45131, a governing board of a school district or a county superintendent of schools may establish a 12-hour-per-day,…
§ 45134 (a) Notwithstanding any other provisions of law, no minimum or maximum age limits shall be established for the employment or continuance in employment of…
§ 45135 Notwithstanding the provisions of subdivision (c) of Section 45134, a retired classified school employee may be employed by a school district, but only in…
§ 45136 All probationary and permanent part-time classified employees shall be entitled to sick leave, and all other benefits conferred by law on classified employees.…
§ 45137 A classified employee who works a minimum of 30 minutes per day in excess of his part-time assignment for a period of 20 consecutive working days or more,…
§ 45138 The governing board of any school district may require the wearing of a distinctive uniform by classified personnel. The cost of the purchase, lease or rental…
§ 45139 Notwithstanding any other provision of this part, the governing board of a school district or county superintendent of schools may establish regulations which…