November 18, 2021

AB 438 overhauls classified layoff procedures

Governor Newsom signed Assembly Bill (AB) 438 into law modifying the Education Code’s classified layoff statutes by providing classified employees with the same notice and hearing rights afforded to certificated employees.

AB 438 will have extensive impacts on school and community college districts both in staffing and budgeting classified positions going forward. It is likely that the layoff process will be significantly backlogged due to an increased demand for hearings and needs for administrative law judges. This may also lead to delay in other hearings.

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