California Education Code ARTICLE 6 - Merit System

• Section 45240.
  A school district that adopts the provisions of this article in accordance with Section 45222 or 45224.5 shall appoint a personnel commission in the manner...
• Section 45241.
  In any district in which the procedure set forth in this article has been incorporated the governing board shall employ, pay, and otherwise control the...
• Section 45243.
  In any district that has adopted this article there shall be appointed a personnel commission composed of three members. If two or more districts are...
• Section 45243.5.
  Notwithstanding Section 45243, in the case of a unified district and a community college district which are under the jurisdiction of governing boards of identical...
• Section 45244.
  (a) To be eligible for appointment or reappointment to the commission a person shall meet both of the following requirements:(1) Be a registered voter and resident within...
• Section 45245.
  One member of the personnel commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of...
• Section 45246.
  (a) Within 30 days after adoption of the system, the governing board shall publicly announce its intended appointee or appointees, as appropriate, and the appointee or...
• Section 45247.
  Appointees to a commission in a district which has newly adopted the system shall take office upon receipt of notification of appointment but the term...
• Section 45248.
  (a) Appointment to vacancies occurring subsequent to the initial appointment shall be made by the original appointing authority either for a new full term or to...
• Section 45249.
  (a) (1) After January 1, 2001, the classified employees of any school district that has already adopted this article on September 17, 1965, may, in accordance with...
• Section 45250.
  The governing board may authorize payment to members of the commission an amount not to exceed fifty dollars ($50) per meeting and not to exceed...
• Section 45251.
  In a unified school district with an average daily attendance in excess of 400,000, the governing board may authorize payment to members of the commission...
• Section 45252.
  The governing board shall provide the commission with suitable office accommodations.(Enacted by Stats. 1976, Ch. 1010.)
• Section 45253.
  (a) The commission shall prepare an annual budget for its own office which, upon the approval of the county superintendent of schools, shall be included by...
• Section 45254.
  The budget for the first year of the personnel commission of the school district shall be determined by the personnel commission, in conjunction with the...
• Section 45255.
  The commission may, with respect to the staff of the commission, expend funds for their orientation, training, retraining, and development and for any purpose prescribed...
• Section 45256.
  (a) The commission shall classify all employees and positions within the jurisdiction of the governing board or of the commission, except those that are exempt from...
• Section 45256.5.
  (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 45258.
  In addition to the exemptions authorized in Section 45256, there shall be exempt from the classified service positions established for the employment of community representatives...
• Section 45259.
  If the governing board of any school district establishes positions and restricts initial appointment of new employees to mentally, physically, or developmentally disabled persons, then...
• Section 45260.
  (a) The commission shall prescribe, amend, and interpret, subject to this article, such rules as may be necessary to insure the efficiency of the service and...
• Section 45261.
  (a) The rules shall provide for the procedures to be followed by the governing board as they pertain to the classified service regarding applications, examinations, eligibility,...
• Section 45262.
  (a) The rules of the commission and copies of this article shall be printed and made available or electronically transmitted to each school, office, and permanent...
• Section 45263.
  The commission may classify as apprentice positions certain positions where the principal requirement is that of learning to perform efficiently, by study and practice, specific...
• Section 45264.
  The commission shall appoint a personnel director within 90 days after the adoption of a merit system from an eligibility list established from a competitive...
• Section 45265.
  Notwithstanding the provisions of Section 45264, the personnel commission, in a school district or a county superintendent of schools office employing 100 or fewer classified...
• Section 45266.
  (a) The personnel director shall be responsible to the commission for carrying out all procedures in the administration of the classified personnel in conformity with this...
• Section 45267.
  The provisions of Sections 45123, 45124, 45160, 45198, 45199, 45201, and 45202 are applicable to the employees of school districts which have adopted a merit...
• Section 45268.
  The commission shall recommend to the governing board salary schedules for the classified service. The governing board may approve, amend, or reject these recommendations. No...
• Section 45269.
  Any person who has been continuously employed in a position defined as a position in the classified service for a period of six months immediately...
• Section 45270.
  All persons who have been continuously employed by a school district for less than six months immediately preceding the date on which the procedure set...
• Section 45271.
  Any employee serving in a certificated position whose position is by virtue of change of law or based upon an evaluation made pursuant to subdivision...
• Section 45272.
  (a) All vacancies in the classified service shall be filled pursuant to this article and the rules of the commission, from applicants on eligibility lists which,...
• Section 45273.
  Examinations shall be administered objectively, and shall consist of test parts that relate to job performance.For classes of positions deemed by the commission to require...
• Section 45274.
  Examination records, including any recordings and the rating sheet of each member of the oral board for each candidate, shall be retained by the personnel...
• Section 45276.
  The governing board shall fix the duties of all positions a part of the classified service as required by Section 45109. The board may recommend...
• Section 45277.
  Appointments may be made from other than the first three ranks of applicants on the eligibility list when the ability to speak, read, or write...
• Section 45277.5.
  Notwithstanding Section 45277, in a school district with a pupil population over 400,000, the following shall apply:(a) An appointment may be made from other than the...
• Section 45278.
  (a) Written notices concerning tests, vacancies, transfer opportunities, and other selections of shifts, positions, assignments, classifications, or locations shall be posted at all work locations of...
• Section 45279.
  A regular employee who is determined by the governing board to be incapable of performing the duties of his class because of illness or injury...
• Section 45280.
  The commission shall, by rule, provide for an open competitive examination and a promotional examination to be held at the same time for the position...
• Section 45281.
  The commission may by rule provide for the competition of persons employed by the governing board in positions required to have certification qualifications in promotional...
• Section 45283.
  In any school district that has geographical boundaries encompassing more than 200 square miles and that divides the area it serves into smaller areas for...
• Section 45284.
  When an open competitive examination and a promotional examination for a particular class are held at the same time, the commission may prior to the...
• Section 45285.
  (a) When all of the positions in a class are reclassified to a higher class, the incumbents of the positions who have been in the class...
• Section 45285.5.
  No position classification or reclassification plan which would affect classified employees who are represented by a certified or recognized exclusive bargaining representative shall be adopted...
• Section 45286.
  Whenever the appointing power shall require the appointment of a person to a position, the duration of which is not to exceed six months, or,...
• Section 45287.
  When no eligibility list exists for a position in the classified service, an employee may receive provisional appointments which may accumulate to a total of...
• Section 45288.
  The personnel commission may authorize the extension of a provisional employee’s assignment for a period not to exceed 36 working days provided the following requirements...
• Section 45289.
  Successive provisional appointments of 90 working days or less each may be made in any class in the absence of an appropriate eligibility list; provided,...
• Section 45290.
  The appointing power may, to prevent the stoppage of public business when an actual emergency arises and persons on eligibility lists are not immediately available,...
• Section 45291.
  Combinations of successive eligibility lists may be made during their first year. Eligibles on lists established within the first year of the life of another...
• Section 45292.
  The commission may provide for the continuous examination of applicants for both open and promotional examinations.(Amended by Stats. 1995, Ch. 652, Sec. 11. Effective January...
• Section 45293.
  No questions relating to political or religious opinions or affiliations, or relating to any basis listed in subdivision (a) of Section 12940 of the Government...
• Section 45294.
  “Veteran” as used in this article means any person who has served in the United States armed forces in time of war, or national emergency...
• Section 45295.
  “Disabled veteran” as used in this article means any veteran, as defined in Section 45294, who is currently declared by the United States Veterans Administration...
• Section 45296.
  In the case of all entrance examinations, veterans with 30 days or more of service who become eligible for appointment by attaining the passing mark...
• Section 45297.
  (a) Whenever, during the absence of an employee of a school district, or student body association operating under Sections 48930 to 48937, inclusive, in the active...
• Section 45298.
  (a) A person laid off because of lack of work or lack of funds shall be eligible for reemployment for a period of 39 months as...
• Section 45300.
  Eligibility lists shall be established for a period of not less than one year except that when a list is exhausted for appointments to current...
• Section 45301.
  A person who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is...
• Section 45302.
  No person in the permanent classified service shall be demoted or removed except for reasonable cause designated by rule of the commission as detrimental to...
• Section 45303.
  In addition to any causes for suspension or dismissal which are designated by rule of the commission, employees in the classified service shall be suspended...
• Section 45304.
  (a) For reasonable causes, an employee may be suspended without pay for not more than 30 days, except as provided in this section, or may be...
• Section 45305.
  Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of...
• Section 45306.
  The commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of an accused employee...
• Section 45307.
  If the commission sustains the employee, it may order paid all or part of his full compensation from the time of suspension, demotion, or dismissal,...
• Section 45308.
  (a) Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of...
• Section 45309.
  Any permanent classified employee of a school district who voluntarily resigns from his permanent classified position may be reinstated or reemployed by the governing board...
• Section 45310.
  No warrant shall be drawn by or on behalf of the governing board of any district for the payment of any salary or wage to...
• Section 45311.
  The commission may conduct hearings, subpoena witnesses, require the production of records or information pertinent to investigation, and may administer oaths. It may, at will,...
• Section 45312.
  The commission may authorize a hearing officer or other representative to conduct any hearing or investigation which the commission itself is authorized by this article...
• Section 45313.
  The legal counsel of the governing board shall aid and represent the commission in all legal matters. If the legal counsel does not respond to...
• Section 45317.
  Any person who willfully or through culpable negligence violates any of the provisions of this article is guilty of a misdemeanor. It is also unlawful...
• Section 45318.
  In every school district coterminous with the boundaries of a city and county, except for those paraprofessionals excluded from the charter provisions by a resolution...
• Section 45319.
  A merit (civil service) system within a school district may be terminated by one of the following methods:(a) If the governing board of a school district,...
• Section 45320.
  If the majority of the qualified electors vote to terminate the merit system in a school district, or a county office of education, or if...

Last modified: October 22, 2018