MISCELLANEOUS ISSUES; EDUCATION CODE – Education Code Sections Considered by PERB (By Number)

Single Topic for Decision 0884E

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[Education Code sections 45104, 45103 and 44066] indicate that a school district must designate a position as "classified" unless the duties to be performed require certification, in which case the position must be designated as certificated. Thus, when the District creates a position it must, at least tentatively, designate it either classified or certificated (Healdsburg Union High School District (1984) PERB Decision No. 375) and is prohibited from requiring certification unless it is required by law or is an occupational qualification; p. 17.