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HomeEducation CodeCh. 3Art. 6§ 41401 School Employee Definitions

§ 41401 School Employee Definitions

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

§ 41401 School Employee Definitions

Key Takeaways

  • •This law defines different types of school employees: teachers, administrators, pupil services employees, and classified employees.
  • •Teachers are those who directly teach students most of the time, like math teachers or special education teachers.
  • •Administrators are school employees with special certificates who don’t teach or provide direct services to students.
  • •Pupil services employees include nurses, counselors, and librarians who work directly with students but don’t teach full-time.
  • •Classified employees are school workers who don’t need special certificates, like janitors or office staff.
  • •In Los Angeles schools, some extra roles (like teacher coaches) can count as teachers for certain calculations until 2025.

Example

A school nurse who helps kids with health problems.

The nurse is a 'pupil services employee' because they work directly with students but don’t teach full-time. They need a special credential to do their job.

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

Official Source
View on CA.gov

§ 41401 School Employee Definitions

For the purposes of this article, the following definitions apply: (a) “Administrative employee” means an employee of a school district, employed in a position requiring certification qualifications, who does not come within the definition of a “pupil services employee” or a “teacher.” (b) “Classified employee” means an employee of a school district, employed in a position not requiring certification qualifications. (c) “Pupil services employee” means an employee of a school district, employed in a position requiring a standard designated services credential, health and development credential, or a librarian credential, who performs direct services to pupils. “Pupil services employee” includes, but is not limited to, in-school librarians, school nurses, assistant in-school librarians, audiovisual personnel, counselors, psychologists, psychometrists, guidance and welfare personnel, attendance personnel, school social workers, and all other certificated personnel performing pupil-personnel, health, or librarian services. (d) (1) “Teacher” means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. “Teacher” includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. (2) The Los Angeles Unified School District may also include in the definition of “teacher” any of the following when calculating the ratio of administrative employees to teachers calculated pursuant to this article in the 2022–23 to 2024–25 fiscal years, inclusive: (A) Teachers who spend a majority of their time with pupils as intervention specialists. (B) Teachers who spend a majority of their time on a school campus providing training, coaching, or professional development to other teachers. (Amended by Stats. 2022, Ch. 908, Sec. 1. (AB 2038) Effective January 1, 2023.)

Last verified: January 23, 2026

Key Terms

certificationdisabilityeducationpositionhospitalschoolhealthemployee

Related Statutes

  • § 46300.3 Special Education Employee Certification
  • § 84362 Classroom Instructor Salary Definition
  • § 87458.1 Teacher Certification Probation Rules
  • § 87783 Leave Transfer For Educators
  • § 44069 Business Manager Certification Exemption

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 41401.
View Official Source