AMENDED IN SENATE JUNE 22, 2026

AMENDED IN SENATE JUNE 11, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Solache

February 18, 2026

An act to amend Section 45308 of, and to amend and repeal Section 45277.5 of, the Education Code, relating to school district employees.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: yes

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law requires vacancies in the classified service of a school district that has adopted the merit system to be filled by appointments made from eligible applicants having the first 3 ranks on the applicable eligibility list who are ready and willing to accept the position. Notwithstanding that provision, existing law authorizes, until January 1, 2027, the Los Angeles Unified School District to make an appointment to one of specified classifications of positions, including, among others, an information technology electronic communications technician, to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position filled, in which case existing law requires the appointment to be made from among the highest 3 ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. Under existing law, any person who willfully or through culpable negligence violates certain provisions that apply to school district merit systems is guilty of a misdemeanor.

This bill would, for purposes of the above-described provision, remove the classification of information technology electronic communications technician from the list of specified classifications and would extend until January 1, 2031, the Los Angeles Unified School District’s authority to make an appointment from other than the first 3 ranks on the eligibility list. By extending the operation of a crime, the bill would impose a state-mandated local program.

This bill would require the Los Angeles Unified School District, on or before January 1, 2030, to submit a report to the Legislature on the use of an exemption to the merit process as authorized by the above-described provisions, as provided.

(2) Existing law requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first. Existing law requires that reemployment be in order of seniority.

This bill would, notwithstanding the above-described provisions, authorize the Los Angeles Unified School District to retain a classified employee hired pursuant to specified provisions, without regard to seniority, if the employee’s layoff would deprive the district of certain specified qualifications that was the basis for the employee’s original employment.

(3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

(4) This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.

Section 45277.5 of the Education Code is amended to read:

45277.5.

Notwithstanding Section 45277, for the Los Angeles Unified School District, all of the following shall apply:

(a) An appointment may be made from other than the first three ranks of eligible applicants on the eligibility list if one or more of the following are required for successful job performance of a position to be filled:

(1) The ability to speak, read, or write a language in addition to English.

(2) A valid driver’s license.

(3) Specialized licenses, certifications, knowledge, or ability, as determined by the personnel commission of the school district, that cannot reasonably be acquired during the probationary period.

(4) A specific gender, if it is a bona fide occupational qualification.

(b) The recruitment bulletin announcing the examination shall indicate the special requirements that may be necessary for filling one or more of the positions in the classification. If a position is to be filled using the authority of this section, the appointment shall be made from among the highest three ranks of eligible candidates on the appropriate eligibility list who meet the special requirements of the position and who are ready and willing to accept the position.

(c) If there are insufficient applicants who meet the special requirements, an employee who meets the special requirements may receive provisional appointments that may accumulate to a total of 90 working days. Successive provisional appointments of 90 working days or fewer each may be made in the absence of an appropriate eligibility list containing applicants who meet the special requirements if the personnel commission of the school district finds that the requirements of subdivisions (a) and (b) of Section 45288 have been met. These appointments may continue for the period of the provisional appointment, but shall not be additionally extended if certification can later be made from an appropriate eligibility list.

(d) This section applies only to the following classifications:

(1) Principal financial analyst.

(2) Principal administrative analyst.

(3) Senior administrative analyst.

(4) Senior administrative assistant.

(5) Senior financial analyst.

(6) Senior human resource specialist.

(7) Any classifications that have been designated as management or confidential.

(e) The school district that makes an appointment pursuant to this section shall study the effectiveness of the selection method, the vacancy rates for each class, and the length of time to hire for each class, and submit a report on its findings to any affected labor union.

(f) On or before January 1, 2030, the Los Angeles Unified School District shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, on the use of an exemption to the merit process as authorized by this section. The report shall include all of the following:

(1) A list of positions and classifications filled using the exemption.

(2) The required skill or ability underlying the justification for an individual hired by the exemption.

(3) A certification that no candidate on an eligibility list within the first three ranks had the required skill or ability listed in paragraph (2) for the respective position.

(4) A list with the position and a concise explanation of any termination for cause of a person hired through the exemption process.

(5) A list and concise description of any classified employees who were subject to layoff in lieu of an employee who retained their position due to an exemption authorized by this section, including whether the laid-off employee was later rehired by the district.

(6) Demographic data of the employees hired by the district to fill positions using the exemption.

(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 2.

Section 45308 of the Education Code is amended to read:

45308.

(a) (1) Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in order of seniority.

(2) Notwithstanding paragraph (1), a classified employee hired pursuant to Section 45277.5 may be retained, without regard to seniority, if the employee’s layoff would deprive the district of the qualifications listed in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 45277.5 that was the basis for the employee’s original employment.

(b) (1) For purposes of this section, in school districts with an average daily attendance below 250,000 for service commencing or continuing after July 1, 1971, “length of service” means all hours in paid status, whether during the school year, a holiday, recess, or during any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis as provided for in Section 45128. This section does not preclude the governing board of a school district from entering into an agreement with the exclusive representative of the classified employees that defines “length of service” to mean the hire date. For purposes of this section, in school districts with an average daily attendance of 250,000 or more, for service commencing or continuing after January 1, 1986, “length of service” shall be determined by the date of hire.

(2) If a governing board of a school district enters into an agreement with the exclusive representative of classified employees that defines “length of service” to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of employee not represented by any exclusive bargaining unit.

(c) This section does not preclude the granting of “length of service” credit for time spent on unpaid illness leave, unpaid maternity leave, unpaid family care leave, or unpaid industrial accident leave. In addition, for military leave of absence, “length of service” credit shall be granted pursuant to Section 45297. If an employee returns to work following any other unpaid leave of absence, no further seniority shall be accrued for the time not worked.

(d) “Hours in paid status” does not mean any service performed before entering into a probationary or permanent status in the classified service of the school district except service in restricted positions as provided in this chapter.

SEC. 3.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because, as the largest school district in the state, the Los Angeles Unified School District requires certain accommodations.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.