Section 88005 Of Article 1. Employment From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 1.
88005
. (a) Nonacademic positions created by a governing board of a
school district under the Manpower Development and Training Act of
1962, the Economic Opportunity Act of 1964, the Elementary and
Secondary Education Act of 1965, or Section 11300 or Section 13650 of
the Welfare and Institutions Code, any future federal or state
legislative enactment, or any other special funding, and which are
not a part of the regular school program shall, nevertheless, be a
part of the classified service as established by Section 88003 or
Section 88076 of this code.
Persons employed in such positions shall be classified employees
and shall enjoy all the rights, burdens and benefits accorded other
classified employees. Their selection and retention shall be made on
the same basis as that of persons selected for positions that are a
part of the regular school program.
(b) Notwithstanding the provisions of subdivision (a), if
specially funded positions are restricted to employment of persons in
low-income groups, from designated impoverished areas and other
criteria which restricts the privilege of all citizens to compete for
employment in such positions, all such positions shall, in addition
to the regular class title, be classified as "restricted." Their
selection and retention shall be made on the same basis as that of
persons selected and retained in positions that are a part of the
regular school program, except that persons employed in the following
categories of restricted positions shall not be subject to the
provisions of Section 88091 or 88092:
(1) The position of instructional aide, as defined in Section
88243.
(2) Any other position involving personal contacts with students
or parents that is established to assist school-staff personnel
responsible for school-community relations; educational support
services for such areas as counseling, library or health; or the
correction or prevention of behavioral problems.
Persons employed in positions properly classified as "restricted"
shall be classified employees for all purposes except:
(A) They shall not be accorded employment permanency under Section
88013 or Section 88120 of the Education Code, whichever is
applicable.
(B) They shall not acquire seniority credits for the purposes of
Sections 88117 and 88127 of the Education Code or, in a district not
having the merit (civil service) system, for the purposes of layoff
for lack of work or lack of funds as may be established by rule of
the governing board.
(C) The provisions of Sections 88106 and 88108 shall not apply to
"restricted" employees.
(D) They shall not be eligible for promotion into the regular
classified service or, in districts that have adopted the merit
system, shall not be subject to the provisions of Section 88061,
until they have complied with the provisions of subdivision (c).
(c) At any time, after completion of six months of satisfactory
service, a person serving in a "restricted" position shall be given
the opportunity to take such qualifying examinations as are required
for all other persons serving in the same class in the regular
classified service. If the person satisfactorily completes the
qualifying examination, regardless of final numerical listing on an
eligibility list, he or she shall be accorded full rights, benefits
and burdens of any other classified employee serving in the regular
classified service. His or her service in the regular classified
service shall be counted from the original date of employment in the
"restricted" position and shall continue even though he or she
continues to serve in a "restricted" position.
(d) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060) of this chapter.
(e) It is the intent of the Legislature in enacting this section
to clearly set forth that positions normally a part of the classified
service are included therein regardless of the source of income to
sustain the positions and to effectively implement specially funded
programs intended to provide job opportunities for untrained and
impoverished persons but to do so in a manner that will not be
disruptive nor detrimental to the normal employment procedures
relating to classified school service.