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SB 874 – Requires That Classified Employees In School Districts And Community Colleges Districts That Do Not Have A Merit System Who Accepts A Promotion And Fails To Complete A Probationary Period, Revert Back To Their Previous Position

CATEGORY: Public Education Matters
CLIENT TYPE: Public Education
DATE: Oct 28, 2022

Existing law provides that a person, in either a school district or a community college district, who has served an initial probationary period in a class not to exceed six months or 130 days of paid service, whichever is longer, as prescribed by the rules of the commission shall be deemed to be in the permanent classified service, except that the commission may establish a probationary period in a class not to exceed one year for classes designated by the commission as an executive, administrative, or police classes.

Under existing law, in a school district or community college district that has not adopted a merit system for its employees, a permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position is required to be employed in the classification from which the employee was promoted.

This bill provides that in a school district or community college district that has adopted a merit system for its employees, a permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position be employed in the classification from which the employee was promoted.

The provisions of this bill do not apply to a conflicting collective bargaining agreement entered into before January 1, 2023, until the expiration or renewal of that collective bargaining agreement.

(SB 874 amends Section 45301 and 88120 of the Education Code.)

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