Section 45256 Of Article 6. Merit System From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 6.
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 the classified service,
as specified in subdivision (b). The employees and positions shall
be known as the classified service. "To classify" shall include, but
not be limited to, allocating positions to appropriate classes,
arranging classes into occupational hierarchies, determining
reasonable relationships within occupational hierarchies, and
preparing written class specifications.
(b) All of the following are exempt from the classified service:
(1) Positions which require certification qualifications.
(2) Full-time students employed part time.
(3) Part-time students employed part time in any college workstudy
program, or in a work experience education program conducted by a
community college district pursuant to Article 7 (commencing with
Section 51760) of Chapter 5 of Part 28 and that is financed by state
or federal funds.
(4) Apprentice positions.
(5) Positions established for the employment of professional
experts on a temporary basis for a specific project by the governing
board or by the commission when so designated by the commission.
(6) Part-time playground positions, where the employee is not
otherwise employed in a classified position. Part-time playground
positions shall be considered part of the classified service when the
employee in the position also works in the same school district in a
classified position.
(c) (1) Employment of either full-time or part-time students in
any college workstudy program, or in a work experience education
program shall not result in the displacement of classified personnel
or impair existing contracts for services.
(2) Nothing in this section shall prevent an employee, who has
attained regular status in a full-time position, from taking a
voluntary reduction in time and retaining his or her regular status
under the provisions of this law.
(d) No person whose contribution consists solely in the rendition
of individual personal services and whose employment does not come
within the scope of the exceptions listed above shall be employed
outside the classified service.
(e) A part-time position is one for which the assigned time, when
computed on an hourly, daily, weekly, or monthly basis, is less than
87 1/2 percent of the normally assigned time of the majority of
employees in the classified service.