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, 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 place a short-term employee into the classified service if the short-term employee either performs required service or any other service, or any combination of services, beyond 75% of a school year, or voluntarily separates or is laid off or terminated from employment as a short-term employee before a date constituting 75% of a school year and is then rehired by the school district or community college district at any point, including subsequent school years.