Robert Garcia

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 replace a short-term employee position with a position in the classified service if (1) the short-term employee performs the required service of the position beyond 75% of a school year or college year, (2) the short-term employee voluntarily separates or is laid off or terminated from employment for at least 50% but less than 75% of a school year or college year and is then rehired 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.