California Education Code ARTICLE 1 - Employment

• Section 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...
• Section 45100.5.
  (a) The governing board of a school district may adopt a resolution designating certain positions as senior management of the classified service. Notwithstanding the provisions of...
• Section 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 number of assigned...
• Section 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...
• Section 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...
• Section 45103.1.
  (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school employees to achieve cost savings...
• Section 45103.5.
  All contracts for management consulting services relating to food service shall be governed by this section.(a) Notwithstanding Sections 39902, 45103, 45104, and 45256, any school district...
• Section 45104.
  Every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service according to the provisions...
• Section 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...
• Section 45105.
  (a) Positions not requiring certification qualifications created by a governing board of a school district under the Manpower Development and Training Act of 1962, the Economic...
• Section 45106.
  Notwithstanding the provisions of Section 45103 or Section 45256, which exempt certain types of positions or categories of personnel from the classified service of a...
• Section 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...
• Section 45108.
  If the governing board of any school district establishes positions in the categories described below and restricts initial appointments of new employees to persons in...
• Section 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 the governing board,...
• Section 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...
• Section 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 qualifications...
• Section 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...
• Section 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...
• Section 45112.
  If the governing board of any school district employs staff assistants or field representatives to directly assist the governing board or individual governing board members...
• Section 45113.
  (a) The governing board of a school district shall prescribe written rules and regulations, governing the personnel management of the classified service, which shall be printed...
• Section 45114.
  Notwithstanding the provisions of Section 45113, the governing board may lay off and reemploy classified employees only in accordance with procedures provided by Sections 45298...
• Section 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...
• Section 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 action...
• Section 45117.
  (a) When, as a result of the expiration of a specially funded program, classified positions must be eliminated at the end of any school year, and...
• Section 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...
• Section 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...
• Section 45120.1.
  Notwithstanding the provisions of Sections 45119 and 45120, when any school district involved in any reorganization, annexation, unionization, merger, or unification is not required to...
• Section 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 56195)...
• Section 45121.
  Persons employed in positions not requiring certification qualifications in districts, all or part of whose territory is included in a unification of districts, shall continue...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 45125.1.
  (a) Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a school district, as defined in...
• Section 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 the entity will...
• Section 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 noncertificated...
• Section 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 public...
• Section 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...
• Section 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...
• Section 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 month...
• Section 45130.
  Notwithstanding the provisions of Sections 45127 and 45128, a personnel commission, when applicable, or a governing board of a school district may specify certain positions...
• Section 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 workday...
• Section 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 all, or certain classes of...
• Section 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, 80-hour-per-2-week work schedule,...
• Section 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, 80-hour-per-2-week work schedule...
• Section 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 persons as...
• Section 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 accordance...
• Section 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. Part-time employees...
• Section 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...
• Section 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...
• Section 45139.
  Notwithstanding any other provision of this part, the governing board of a school district or county superintendent of schools may establish regulations which allow their...

Last modified: October 22, 2018