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HomeEducation CodeDiv. 3Pt. 25Ch. 5Art. 1§ 45104 Classified Service Position Rules

§ 45104 Classified Service Position Rules

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 45104 Classified Service Position Rules

Key Takeaways

  • •Most jobs in schools must be part of the 'classified service' unless they need special certificates (like teachers).
  • •Just because someone has a certificate doesn’t mean they can skip the normal hiring rules for these jobs.
  • •Having a certificate can’t be used to stop someone from getting one of these jobs.

Example

A school is hiring a janitor.

The janitor job doesn’t need a special teaching certificate, so the school must follow the normal hiring rules for classified jobs. Even if someone has a teaching certificate, they still have to go through the same process as everyone else.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 45104 Classified Service Position Rules

Every position not defined by this code as a position requiring certification qualifications and not specifically exempted from the classified service according to the provisions of Section 45103 or 45256 shall be classified as required by those sections and shall be a part of the classified service. Such positions may not be designated as certificated nor shall the assignment of a title to any such a position remove the position from the classified service, nor shall possession of a certification document be made a requirement for employment in any such position. Nothing in this section shall be construed to prohibit the employment of any individual in a position described by this section as part of the classified service who is in possession of certification qualifications, nor shall the possession of certification qualifications be grounds for the elimination of an individual for consideration for employment in such a position. This section shall apply to districts which have adopted the merit system in the same manner and with the same effect as though it were a part of Article 6 (commencing with Section 45240) of this chapter. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

classified servicecertification qualificationsmerit systemArticle 6

Related Statutes

  • § 45109 Classified Employee Duty Assignment
  • § 45112 School Board Staff Assistants
  • § 45129 Compensatory Time For Overtime
  • § 45135 Retired Employee Reemployment Rules
  • § 45100 Classified School Employee Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45104.
View Official Source