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HomeEducation CodeDiv. 3Pt. 25Ch. 5Art. 6§ 45320 Merit System Termination Process

§ 45320 Merit System Termination Process

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

§ 45320 Merit System Termination Process

Key Takeaways

  • •If most voters or school workers in a district vote to stop the 'merit system,' the rules for hiring and managing school staff change.
  • •The old rules stop working on the date chosen in the vote.
  • •The school board must then make new rules for how to handle school staff.
  • •Some old rules about employee rights can still be used after two years, even if the merit system is gone.

Example

A school district holds a vote, and most teachers and staff decide they don’t want the merit system anymore.

The old hiring and promotion rules stop right away. The school board has to create new rules for how staff are managed. Even though the merit system is gone, after two years, some old protections for employees (like how they can appeal if they’re fired) can still be used.

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

Official Source
View on CA.gov

§ 45320 Merit System Termination Process

If the majority of the qualified electors vote to terminate the merit system in a school district, or a county office of education, or if the majority of the classified employees vote to terminate the merit system in a school district, or a county office of education the personnel commission shall cease to function on the date specified in the election and the law pertaining to merit system districts, or county offices of education shall cease to have any force or effect in that district or county office of education. Simultaneously, with the termination of the merit system, the governing board shall adopt rules and regulations relating to classified school employees as required by Section 45113. Notwithstanding an action to terminate the merit system in a school district, or county office of education, the provisions of Section 45221, 45223, and 45224 shall be applicable at any time after at least two years have elapsed after the system has ceased to operate. (Amended by Stats. 1982, Ch. 188, Sec. 2.)

Last verified: January 23, 2026

Key Terms

merit systempersonnel commissiongoverning boardclassified school employeesSection 45113Sections 45221, 45223, and 45224

Related Statutes

  • § 45245 Personnel Commission Appointments
  • § 45254 Personnel Commission Budget Determination
  • § 45276 Classified Position Qualification Standards
  • § 45387 Classified Employee Training Reimbursement
  • § 45114 Classified Employee Layoff Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45320.
View Official Source