(1)Existing law requires vacancies in the classified service of a school district that has adopted the merit system to be filled by appointments made from eligible applicants having the first 3 ranks on the applicable eligibility list who are ready and willing to accept the position. Notwithstanding that provision, existing law authorizes, until January 1, 2027, the Los Angeles Unified School District to make an appointment to one of specified classifications of positions, including, among others, an information technology electronic communications technician, to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position filled, in which case existing law requires the appointment to be made from among the highest 3 ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. Under existing law, any person who willfully or through culpable negligence violates certain provisions that apply to school district merit systems is guilty of a misdemeanor.

This bill would, for purposes of the above-described provision, remove the classification of information technology electronic communications technician from the list of specified classifications and would extend until January 1, 2031, the Los Angeles Unified School Districts authority to make an appointment from other than the first 3 ranks on the eligibility list. By extending the operation of a crime, the bill would impose a state-mandated local program.

This bill would require the Los Angeles Unified School District, on or before January 1, 2030, to submit a report to the Legislature on the use of an exemption to the merit process as authorized by the above-described provisions, as provided.

(2)Existing law requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first. Existing law requires that reemployment be in order of seniority.

This bill would, notwithstanding the above-described provisions, authorize the Los Angeles Unified School District to retain a classified employee hired pursuant to specified provisions, without regard to seniority, if the employees layoff would deprive the district of certain specified qualifications that was the basis for the employees original employment.

(3)This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

(4)This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law requires vacancies in the classified service of a school district that has adopted the merit system to be filled by appointments made from eligible applicants having the first 3 ranks on the applicable eligibility list who are ready and willing to accept the position. Notwithstanding that provision, existing law authorizes, until January 1, 2027, the Los Angeles Unified School District to make an appointment to one of specified classifications of positions, including, among others, an information technology electronic communications technician, to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position filled, in which case existing law requires the appointment to be made from among the highest 3 ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. Under existing law, any person who willfully or through culpable negligence violates certain provisions that apply to school district merit systems is guilty of a misdemeanor.

This bill would, for purposes of the above-described provision, remove the classification of information technology electronic communications technician from the list of specified classifications and would extend until January 1, 2031, the Los Angeles Unified School Districts authority to make an appointment from other than the first 3 ranks on the eligibility list. By extending the operation of a crime, the bill would impose a state-mandated local program.

This bill would require the Los Angeles Unified School District, on or before January 1, 2030, to submit a report to the Legislature on the use of an exemption to the merit process as authorized by the above-described provisions, as provided.

(2)Existing law requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first. Existing law requires that reemployment be in order of seniority.

This bill would, notwithstanding the above-described provisions, authorize the Los Angeles Unified School District to retain a classified employee hired pursuant to specified provisions, without regard to seniority, if the employees layoff would deprive the district of certain specified qualifications that was the basis for the employees original employment.

(3)This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

(4)This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law requires vacancies in the classified service of a school district that has adopted the merit system to be filled by appointments made from eligible applicants having the first 3 ranks on the applicable eligibility list who are ready and willing to accept the position. Notwithstanding that provision, existing law authorizes, until January 1, 2027, the Los Angeles Unified School District to make an appointment to one of specified classifications of positions, including, among others, an information technology electronic communications technician, to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position filled, in which case existing law requires the appointment to be made from among the highest 3 ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. Under existing law, any person who willfully or through culpable negligence violates certain provisions that apply to school district merit systems is guilty of a misdemeanor.

This bill would, for purposes of the above-described provision, remove the classification of information technology electronic communications technician from the list of specified classifications and would extend until January 1, 2031, the Los Angeles Unified School Districts authority to make an appointment from other than the first 3 ranks on the eligibility list. By extending the operation of a crime, the bill would impose a state-mandated local program.

This bill would require the Los Angeles Unified School District, on or before January 1, 2030, to submit a report to the Legislature on the use of an exemption to the merit process as authorized by the above-described provisions, as provided.

(2)Existing law requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first. Existing law requires that reemployment be in order of seniority.

This bill would, notwithstanding the above-described provisions, authorize the Los Angeles Unified School District to retain a classified employee hired pursuant to specified provisions, without regard to seniority, if the employees layoff would deprive the district of certain specified qualifications that was the basis for the employees original employment.

(3)This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

(4)This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law requires vacancies in the classified service of a school district that has adopted the merit system to be filled by appointments made from eligible applicants having the first 3 ranks on the applicable eligibility list who are ready and willing to accept the position. Notwithstanding that provision, existing law authorizes, until January 1, 2027, the Los Angeles Unified School District to make an appointment to one of specified classifications of positions, including, among others, an information technology electronic communications technician, to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position filled, in which case existing law requires the appointment to be made from among the highest 3 ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. Under existing law, any person who willfully or through culpable negligence violates certain provisions that apply to school district merit systems is guilty of a misdemeanor.

This bill would, for purposes of the above-described provision, remove the classification of information technology electronic communications technician from the list of specified classifications and would extend until January 1, 2031, the Los Angeles Unified School Districts authority to make an appointment from other than the first 3 ranks on the eligibility list indefinitely. list. By extending the operation of a crime, the bill would impose a state-mandated local program.

(2)Existing law requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first. Existing law requires that reemployment be in order of seniority.

This bill would, notwithstanding the above-described provisions, authorize the Los Angeles Unified School District to retain a classified employee hired pursuant to specified provisions, without regard to seniority, if the employees layoff would deprive the district of certain specified qualifications that was the basis for the employees original employment.

(3)This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

(4)This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law requires vacancies in the classified service of a school district that has adopted the merit system to be filled by appointments made from eligible applicants having the first 3 ranks on the applicable eligibility list who are ready and willing to accept the position. Notwithstanding that provision, existing law authorizes, until January 1, 2027, the Los Angeles Unified School District to make an appointment to one of specified classifications of positions, including, among others, an information technology electronic communications technician, to be made from other than the first 3 ranks on the eligibility list if one or more of specified criteria are required for successful job performance of the position filled, in which case existing law requires the appointment to be made from among the highest 3 ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. Under existing law, any person who willfully or through culpable negligence violates certain provisions that apply to school district merit systems is guilty of a misdemeanor.

This bill would, for purposes of the above-described provision, remove the classification of information technology electronic communications technician from the list of specified classifications and would extend the Los Angeles Unified School Districts authority to make an appointment from other than the first 3 ranks on the eligibility list indefinitely. By extending the operation of a crime, the bill would impose a state-mandated local program.

(2)Existing law requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first. Existing law requires that reemployment be in order of seniority.

This bill would, notwithstanding the above-described provisions, authorize the Los Angeles Unified School District to retain a classified employee hired pursuant to specified provisions, without regard to seniority, if the employees layoff would deprive the district of certain specified qualifications that was the basis for the employees original employment.

(3)This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

(4)This bill would provide that no reimbursement is required by this act for a specified reason.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2120

Author:(Solache)

As Amended Ver:June 22, 2026

Majority vote

SUMMARY

Extends until January 1, 2031, the authority for the Los Angeles Unified School District (LAUSD) to use an alternative merit hiring process for certain prescribed classified positions requiring specialized skills; authorizes the LAUSD to retain certain employees hired through that process during layoffs without regard to seniority when necessary to preserve those specialized qualifications, and requires the LAUSD to report to the Legislature on its use of these exemptions.

Senate Amendments

1. Require the LAUSD, on or before January 1, 2030, to submit a report to the Legislature on the use of an exemption to the merit system process authorized by this bill, and prescribe the information to be reported.
2. Sunset the LAUSD's merit system exemption authority on January 1, 2031, and make a technical clarifying change.

COMMENTS

Continues a Longstanding, Narrowly-tailored Exception to the LAUSD's Merit Hiring Process

Since 2003, the Legislature has periodically authorized the LAUSD to bypass the traditional "rule of three ranks" for a limited number of specialized classified positions where particular skills are necessary on day one, such as language proficiency or other technical qualifications. Rather than creating a new hiring framework, this bill extends an existing authority that has been repeatedly revisited and refined by the Legislature over the past two decades.

Expands the Exception Beyond Hiring Decisions by Allowing Selective Retention During Layoffs

Current law only provides flexibility during hiring. This bill also allows the LAUSD to retain an employee hired through selective certification during a reduction in force, notwithstanding normal seniority rules, when the employee possesses specialized qualifications that the district would otherwise lose. While this may help preserve critical operational expertise, it also represents a departure from longstanding merit system protections that generally prioritize seniority during layoffs.

Reflects the Balance Between Merit System Principles and Operational Flexibility

California's merit system is designed to promote objective hiring and protect against favoritism by relying on competitive examinations and seniority-based personnel decisions. Simultaneously, the LAUSD has argued that certain highly specialized positions cannot always be filled efficiently under the traditional process and that preserving employees with unique qualifications may be necessary to maintain district operations. This bill continues this limited exception while incorporating additional transparency intended to allow future legislative review of whether the flexibility remains justified.

Please see the various policy committee analyses for a full discussion of this bill.

According to the Author

"Without selective certification, if the first three ranks do not possess the necessary knowledge or certification, the hiring division faces significant operational risks. The division is compelled to onboard individuals who require immediate, intensive remedial training. This results in a prolonged skills and productivity gap of up to two years, increased turnover, and the additional cost of restarting the recruitment cycle should the candidate fail to achieve the necessary competencies. Selective certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who are able to effectively perform the job on day one. "Additionally, in the event of a reduction in force, the District may be compelled to lay off a recently-hired employee who was hired specifically due to possessing a certain skill set or qualification. This bill would allow the district to skip over these employees during reductions in force, if following the typical layoff pattern would deprive the district of the special skill for which the employee was hired."

Arguments in Support

According to the LAUSD, "Los Angeles Unified has used Selective Certification since 2003, which allows the district to move quickly to fill certain positions that require skills that cannot be acquired on the job, such as fluency in a foreign language. Prior to the implementation of Selective Certification in 2003, the district required between one to three months to fill a vacancy. These positions are now filled in two to five weeks, greatly improving continued service for our staff and students. Additionally, Selective Certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who have the skills to effectively perform the job on day one. AB 2120 will further the impact of this policy, by allowing the district to retain employees with specialized skill sets during reductions in force."

Arguments in Opposition

None.

FISCAL COMMENTS

This bill was passed by the Senate Committee on Appropriations pursuant to Senate Rule 28.8.

VOTES:

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 6-0-1

YES: McKinnor, Lackey, Boerner, Garcia, Nguyen, Michelle Rodriguez

ABS, ABST OR NV: Alanis

ASM EDUCATION: 9-0-0

YES: Patel, Hoover, Alvarez, Bonta, Castillo, Garcia, Lowenthal, Pellerin, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Hoover, Aguiar-Curry, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

ABS, ABST OR NV: Arambula

ASSEMBLY FLOOR: 77-0-3

YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

ABS, ABST OR NV: Arambula, Flora, Celeste Rodriguez

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: June 22, 2026

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0003415

 CONSENT  

Bill No: AB 2120

Author: Solache (D)

Amended: 6/22/26 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/10/26

AYES: Smallwood-Cuevas, Strickland, Cortese, Durazo, Laird

SENATE EDUCATION COMMITTEE: 7-0, 7/1/26

AYES: Pérez, Ochoa Bogh, Cabaldon, Choi, Cortese, Gonzalez, Reyes

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 5/14/26 - See last page for vote

SUBJECT: School district employees: merit system

SOURCE: Los Angeles Unified School District

DIGEST:

This bill (1) extends until January 1, 2031, the authority for Los Angeles Unified School District (LAUSD) to use an alternative merit hiring process for specified classified positions requiring specialized skills, (2) authorizes the district to retain certain employees hired through that process during layoffs without regard to seniority when necessary to preserve those specialized qualifications, and (3) requires LAUSD to report to the Legislature on its use of these exemptions.

ANALYSIS:

Existing law:

1. Requires vacancies in the classified service of a merit system school district to be filled from eligible applicants within the first three ranks on the applicable eligibility list.
2. Authorizes LAUSD, until January 1, 2027, to appoint employees to specified classified positions from outside the first three ranks when specialized skills or qualifications are required for successful job performance.
3. Requires classified employee layoffs and reemployment to occur in seniority order.

This bill:

1. Extends LAUSD’s authority to use its selective certification hiring process for specified classified positions from January 1, 2027, until January 1, 2031.
2. Removes the Information Technology Electronic Communications Technician classification from the list of positions eligible for selective certification.
3. Authorizes LAUSD, during a reduction in force, to retain an employee hired through the selective certification process without regard to seniority if laying off that employee would deprive the district of the specialized qualifications for which the employee was hired.
4. Requires LAUSD to submit a report to the Legislature by January 1, 2030, detailing its use of the selective certification authority, including positions filled, the specialized qualifications relied upon, certification that no candidate within the first three ranks possessed those qualifications, layoffs resulting from the exemption, employee demographic data, and other implementation information.
5. Repeals these provisions on January 1, 2031.

Background

1. Need for the bill. According to the author, “Without selective certification, if the first three ranks do not possess the necessary knowledge or certification, the hiring division faces significant operational risks. The division is compelled to onboard individuals who require immediate, intensive remedial training. This results in a prolonged skills and productivity gap of up to two years, increased turnover, and the additional cost of restarting the recruitment cycle should the candidate fail to achieve the necessary competencies. Selective certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who are able to effectively perform the job on day one.

“Additionally, in the event of a reduction in force, the District may be compelled to lay off a recently-hired employee who was hired specifically due to possessing a certain skill set or qualification. This bill would allow the district to skip over these employees during reductions in force, if following the typical layoff pattern would deprive the district of the special skill for which the employee was hired.”

1. This bill continues a longstanding, narrowly tailored exception to LAUSD’s merit hiring process. Since 2003, the Legislature has periodically authorized LAUSD to bypass the traditional “rule of three ranks” for a limited number of specialized classified positions where particular skills are necessary on day one, such as language proficiency or other technical qualifications. Rather than creating a new hiring framework, this bill extends an existing authority that has been repeatedly revisited and refined by the Legislature over the past two decades.
2. The bill expands the exception beyond hiring decisions by allowing selective retention during layoffs. Current law only provides flexibility during hiring. This bill also allows LAUSD to retain an employee hired through selective certification during a reduction in force, notwithstanding normal seniority rules, when the employee possesses specialized qualifications that the district would otherwise lose. While this may help preserve critical operational expertise, it also represents a departure from longstanding merit system protections that generally prioritize seniority during layoffs.
3. Recent amendments strengthen legislative oversight and preserve the temporary nature of the exemption. As introduced, the bill would have made LAUSD’s selective certification authority permanent. Senate Labor, Public Employment and Retirement Committee amendments instead restored a January 1, 2031, sunset and require LAUSD to report to the Legislature before the authority expires. The report will provide information about how frequently the exemption is used, the qualifications justifying its use, whether qualified candidates existed within the top three ranks, the effect on layoffs, and demographic information. These amendments provide the Legislature with an opportunity to evaluate whether the authority is being exercised as intended before considering any future extension.
4. The bill reflects the balance between merit system principles and operational flexibility. California’s merit system is designed to promote objective hiring and protect against favoritism by relying on competitive examinations and seniority-based personnel decisions. At the same time, LAUSD has argued that certain highly specialized positions cannot always be filled efficiently under the traditional process and that preserving employees with unique qualifications may be necessary to maintain district operations. This bill continues this limited exception while incorporating additional transparency intended to allow future legislative review of whether the flexibility remains justified.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 08/03/26)

Los Angeles Unified School District (source)

OPPOSITION: (Verified 08/03/26)

None received.

ARGUMENTS IN SUPPORT:

According to the Los Angeles Unified School District:

“Los Angeles Unified has used Selective Certification since 2003, which allows the district to move quickly to fill certain positions that require skills that cannot be acquired on the job, such as fluency in a foreign language. Prior to the implementation of Selective Certification in 2003, the district required between one to three months to fill a vacancy. These positions are now filled in two to five weeks, greatly improving continued service for our staff and students. Additionally, Selective Certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who have the skills to effectively perform the job on day one. AB 2120 will further the impact of this policy, by allowing the district to retain employees with specialized skill sets during reductions in force.”

ASSEMBLY FLOOR: 77-0, 5/14/26

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Arambula, Flora, Celeste Rodriguez

Prepared by: Glenn Miles / L., P.E. & R. / (916) 651-1556

8/5/26 15:04:28

**** END ****

SENATE COMMITTEE ON EDUCATION

Senator Sasha Renée Pérez, Chair

2025 - 2026 Regular

Bill No: Hearing Date: July 1, 2026

Subject:

SUMMARY

This bill extends until January 1, 2031, the authority for Los Angeles Unified School District (LAUSD) to use an alternative merit hiring process for specified classified positions requiring specialized skills, authorizes the district to retain certain employees hired through that process during layoffs without regard to seniority when necessary to preserve those specialized qualifications, and requires LAUSD to report to the Legislature on its use of these exemptions.

BACKGROUND

Existing law:

1. Requires vacancies in the classified service of a merit system school district to be filled from eligible applicants within the first three ranks on the applicable eligibility list.
2. Authorizes LAUSD, until January 1, 2027, to appoint employees to specified classified positions from outside the first three ranks when specialized skills or qualifications are required for successful job performance.
3. Requires classified employee layoffs and reemployment to occur in seniority order.

ANALYSIS

This bill:

1. Extends LAUSD’s authority to use its selective certification hiring process for specified classified positions from January 1, 2027, until January 1, 2031.
2. Removes the Information Technology Electronic Communications Technician classification from the list of positions eligible for selective certification.
3. Authorizes LAUSD, during a reduction in force, to retain an employee hired through the selective certification process without regard to seniority if laying off that employee would deprive the district of the specialized qualifications for which the employee was hired.
4. Requires LAUSD to submit a report to the Legislature by January 1, 2030, detailing its use of the selective certification authority, including positions filled, the specialized qualifications relied upon, certification that no candidate within the first three ranks possessed those qualifications, layoffs resulting from the exemption, employee demographic data, and other implementation information.
5. Repeals these provisions on January 1, 2031.

STAFF COMMENTS

1. Need for the bill. According to the author, “Without selective certification, if the first three ranks do not possess the necessary knowledge or certification, the hiring division faces significant operational risks. The division is compelled to onboard individuals who require immediate, intensive remedial training. This results in a prolonged skills and productivity gap of up to two years, increased turnover, and the additional cost of restarting the recruitment cycle should the candidate fail to achieve the necessary competencies. Selective certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who are able to effectively perform the job on day one.

“Additionally, in the event of a reduction in force, the District may be compelled to lay off a recently-hired employee who was hired specifically due to possessing a certain skill set or qualification. This bill would allow the district to skip over these employees during reductions in force, if following the typical layoff pattern would deprive the district of the special skill for which the employee was hired.”

1. This bill continues a longstanding, narrowly tailored exception to LAUSD’s merit hiring process. Since 2003, the Legislature has periodically authorized LAUSD to bypass the traditional “rule of three ranks” for a limited number of specialized classified positions where particular skills are necessary on day one, such as language proficiency or other technical qualifications. Rather than creating a new hiring framework, this bill extends an existing authority that has been repeatedly revisited and refined by the Legislature over the past two decades.
2. The bill expands the exception beyond hiring decisions by allowing selective retention during layoffs. Current law only provides flexibility during hiring. This bill also allows LAUSD to retain an employee hired through selective certification during a reduction in force, notwithstanding normal seniority rules, when the employee possesses specialized qualifications that the district would otherwise lose. While this may help preserve critical operational expertise, it also represents a departure from longstanding merit system protections that generally prioritize seniority during layoffs.
3. Recent amendments strengthen legislative oversight and preserve the temporary nature of the exemption. As introduced, the bill would have made LAUSD’s selective certification authority permanent. Senate Labor, Public Employment and Retirement Committee amendments instead restored a January 1, 2031, sunset and require LAUSD to report to the Legislature before the authority expires. The report will provide information about how frequently the exemption is used, the qualifications justifying its use, whether qualified candidates existed within the top three ranks, the effect on layoffs, and demographic information. These amendments provide the Legislature with an opportunity to evaluate whether the authority is being exercised as intended before considering any future extension.
4. The bill reflects the balance between merit system principles and operational flexibility. California’s merit system is designed to promote objective hiring and protect against favoritism by relying on competitive examinations and seniority-based personnel decisions. At the same time, LAUSD has argued that certain highly specialized positions cannot always be filled efficiently under the traditional process and that preserving employees with unique qualifications may be necessary to maintain district operations. The bill continues this limited exception while incorporating additional transparency intended to allow future legislative review of whether the flexibility remains justified.

SUPPORT

Los Angeles Unified School District (sponsor)

OPPOSITION

None received

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2025 - 2026 Regular

Bill No: AB 2120 Hearing Date: June 10, 2026

SUBJECT: School district employees: merit system

KEY ISSUE

This bill deletes the sunset date for Los Angeles Unified School District (LAUSD)’s Selective Certification process, an alternative to the merit hiring process for specified school classified positions. The bill also exempts employees hired under the Selective Certification from seniority rules during layoffs, as specified.

ANALYSIS

Existing law:

1. Authorizes both the adoption and termination of a merit system in a school district by a majority vote of its classified employees, or by a majority vote of the voting electors of the district. A majority vote of the district board and the county superintendent of schools with the consent of a majority of the county board of education may also adopt a merit system, as specified. (Education Code (EC) § 45220 et seq.)
2. Requires the governing board of a school district within 120 days after receipt of the petition to adopt a merit system by the classified members to obtain the services of competent and qualified persons to present the pros and cons of a merit system (However, the classified employees who submitted the petition may select the person or persons to present the proponent position on the issue) and to provide adequate and ample opportunity for all of its classified personnel to attend one or more meetings at which the issue is presented. (EC § 45221)
3. Provides, should a school district adopt a merit system, for the appointment process of a personnel commission to administer it. (EC § 45240 et seq.)
4. Requires that vacancies in the classified service of a school district that has adopted the merit system be filled by appointments from eligible applicants on the applicable eligibility list who are ready and willing to accept the position, in order of rank on the list. (EC § 45277)
5. Authorizes the LAUSD, until January 1, 2027, to make an appointment to specified classifications from other than the first three ranks on the eligibility list if one or more specified criteria are required for successful job performance. In those circumstances, appointments must be made from among the highest three ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. (EC § 45277.5)
6. Requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within a class is determined by length of service, with the employee who has been employed the shortest time laid off first and reemployment occurring in order of seniority. (EC § 45308)

This bill:

1. Strikes the sunset language for existing law that authorizes the Selective Certification process, making the exemption from merit system hiring permanent.
2. Eliminates the “Information technology electronic communications technician” classification from the list of position classifications that LAUSD can hire through the Selective Certification process.
3. Provides that LAUSD may retain a classified employe hired through the Selective Certification process without regard to seniority during layoffs if the employee’s layoff would deprive the district of specified qualifications that were the basis for the employee’s original employment.
4. Clarifies that if a governing board of a school district enters into an agreement with the exclusive representative of classified employees that defines “length of service” to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of employee not represented by any exclusive bargaining unit.

COMMENTS

1. Background

Existing law allows school district to establish a personnel commission and transfer hiring and human resource functions from the governing board to the commission to ensure fair and objective treatment of all job applicants and employees. Known as a merit district, this system provides for a set of rules and procedures governing the selection, promotion, retention, and discipline of classified staff in order to avoid favoritism or prejudice. The commission is responsible for classifying and reclassifying positions and presiding over appeal hearings of classified employee disciplinary actions.

Merit districts hire classified staff from the first three ranks of eligibility lists compiled from competitive job examinations although the district may make appointments from other than the first three ranks when the position requires the ability to speak, read, or write a language in addition to English; possession of a valid driver's license; specialized licenses or ability; or a specific gender. Otherwise, districts are required to use the merit process.

Although LAUSD is a merit district subject to the general “civil service” rules governing merit districts, since 2003 it has enjoyed an exemption to use an alternative process for some classified employee hires called Selective Certification. Under current law, the authorization for this process will end on January 1, 2027.

The Legislature has broadened and narrowed the exemption several times by shortening or lengthening its authorization through periodic sunset dates and adding or subtracting the classifications for which LAUSD may use the process.

This bill would reauthorize LAUSD’s exemption, make it permanent, eliminate one position classification as described above, and provide new authority to exempt these positions from layoff seniority rules, as specified.

LAUSD classified employees are generally represented by unions affiliated with CSEA, SEIU, and the Teamsters. The positions subject to the Selective Certification process are represented by the Teamsters affiliates and include both school administrators and service managers.^[1]

While LAUSD and the author note that the exemption allows the district to fill vacancies in two to five weeks that would otherwise require between one to three months to fill, it is unclear how the exemption is being used, its effectiveness, what guardrails exist against favoritism and other non-merit appointments.

LAUSD is the second largest school district in the country after New York City.^[2] Its governance is uniquely complex and challenging and probably warrants a certain level of flexibility. However, the committee recommends that the bill extending the exemption include a new sunset date given the added layoff exemptions and other public concerns regarding LAUSD’s governance, financial challenges, and related liability. Moreover, the committee recommends that the bill include a requirement that LAUSD provide a report to the Legislature regarding its use of the exemption to be submitted prior to the new recommended sunset date.

2. Recommended Committee Amendments

Ed Code Section 45277.5):

…(f) On or before January 1, 2030, the Los Angeles Unified School District shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, on the use of an exemption to the merit process as authorized by this section. The report shall include all of the following:

(1) A list of positions and classifications filled using the exemption.

(2) The required skill or ability underlying the justification for an individual hired by the exemption.

(3) A certification that no candidate on an eligibility list within the first three ranks had the required skill or ability listed in paragraph (2) for the respective position.

(4) A list and concise explanation of any termination for cause of a person hired through the exemption process.

(5) A list and concise description of any classified employees who were subject to layoff in lieu of an employee who retained their position due to an exemption authorized by this section, including whether the laid-off employee was later rehired by the district.

(6) Demographic data of the employees whom the district hired to fill the positions using the exemption.

(g) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

3. Need for this bill?

According to the author:

“Without selective certification, if the first three ranks do not possess the necessary knowledge or certification, the hiring division faces significant operational risks. The division is compelled to onboard individuals who require immediate, intensive remedial training. This results in a prolonged skills and productivity gap of up to two years, increased turnover, and the additional cost of restarting the recruitment cycle should the candidate fail to achieve the necessary competencies. Selective certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who are able to effectively perform the job on day one.”

“Additionally, in the event of a reduction in force, the District may be compelled to lay off a recently-hired employee who was hired specifically due to possessing a certain skill set or qualification. This bill would allow the district to skip over these employees during reductions in force, if following the typical layoff pattern would deprive the district of the special skill for which the employee was hired.”

4. Proponent Arguments

According to the Los Angeles Unified School District:

“Los Angeles Unified has used Selective Certification since 2003, which allows the district to move quickly to fill certain positions that require skills that cannot be acquired on the job, such as fluency in a foreign language. Prior to the implementation of Selective Certification in 2003, the district required between one to three months to fill a vacancy. These positions are now filled in two to five weeks, greatly improving continued service for our staff and students. Additionally, Selective Certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who have the skills to effectively perform the job on day one. AB 2120 will further the impact of this policy, by allowing the district to retain employees with specialized skill sets during reductions in force.”

5. Opponent Arguments:

None received.

6. Prior Legislation:

AB 1859 (Santiago), Chapter 67, Statutes of 2020, extended from December 31, 2020, to January 1, 2027, exemptions from the requirement that a merit system school district fill classified employee vacancies with applicants from the first three ranks on an eligibility list.

AB 1339 (Santiago), Chapter 243, Statutes of 2015, extended the exemption from the requirement to appoint from the first three ranks until December 31, 2020, and struck “information technology solution technician” from the list of positions subject to this exemption.

AB 2125 (Hall), Chapter 56, Statutes of 2012, extended the exemption from the requirement to appoint from the first three ranks to December 31, 2015, and reduced the application to nine positions.

AB 1293 (Hall), Chapter 145, Statutes of 2009, added nine additional positions to which the exemption from the requirement to appoint from the first three ranks may apply.

AB 415 (Karnette), Chapter 186, Statutes of 2008, added "any classifications that have been designated as management" to the positions exempted from the requirement to appoint from the first three ranks.

AB 580 (Smyth), Chapter 528, Statutes of 2007, extended the exemption from the requirement to appoint from the first three ranks to January 1, 2012, and limited its application to 16 specified positions.

AB 1772 (Assembly Public Employees, Retirement and Social Security Committee), Chapter 547, Statutes of 2005, extended the exemption from the requirement to appoint from the first three ranks to January 1, 2007.

AB 424 (Richman), Chapter 881, Statutes of 2003, created the exemption from the requirement to appoint from the first three ranks. That bill did not restrict the exemption to specified positions.

SUPPORT

Los Angeles Unified School District (Sponsor)

OPPOSITION

None received.

-- END --

1. See Teamsters Local 2010, https://teamsters2010.org/, and Teamsters Local 572, https://www.teamsters572.org/industries/public-sector/ ↑

2. See World Atlas, Largest School Districts in the United States, https://www.worldatlas.com/society/largest-school-districts-in-the-united-states.html ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2120

Author:(Solache)

As Introduced Ver:February 18, 2026

Majority vote

SUMMARY

Repeals the sunset date for the alternative hiring process at the Los Angeles Unified School District (LAUSD) for certain merit system classified service job classifications.

Major Provisions

1. Permanently extends the authority of the LAUSD to make an appointment from other than the first three ranks on the eligibility list by repealing the existing sunset date of January 1, 2027, granting this authority.
2. Removes the classification "Information Technology Electronic Communications Technician" from this alternative hiring process.
3. States that a classified employee hired using the alternative hiring process may be retained, without regard to seniority, if the employee's layoff would deprive the district of the qualifications listed that was the basis for the employee's original employment.

COMMENTS

Brief History of the Establishment of Merit Systems in California Public Schools

"Merit systems," also commonly referred to as district "civil service systems" relating to public education in California are independent of the school or community college district's governing board where the personnel commission of a "merit system" district is responsible for administering the hiring and retention of classified school employees through a statutory framework pursuant to the Education Code. A personnel commission is an independent board separate from the governing board of a school district where a personnel commission has been formally adopted to cover employees.

Merit systems derive from the late 19^th and early 20^th century civil service movement that sought to curtail the "spoils" resulting from political patronage in the system whereby elected political candidates rewarded their supporters with government positions. These systems arose out of a particularly egregious school board decision to discharge over 700 classified employees in the 1930s upon the new board's election. This history strongly suggests that the Legislature intended the merit system framework as a means to protect classified employees from local political mistreatment at a time prior to public sector collective bargaining, and in which such systems continue to exist. The personnel commission's main directive is to ensure fair and objective treatment of all applicants and employees. Generally, in the public education employment arena, districts that have not formally adopted the merit system are referred to as "nonmerit" districts. For such districts, employment matters are not addressed by a personnel commission.

Vacancies in the classified service are filled from applicants on eligibility lists, except for vacancies filled by transfer, demotion, reinstatement, or reemployment in accordance with rules of the commission. An applicant's place on an eligibility list is determined by their performance on a competitive examination. All eligible applicants with the same score are considered as having the same rank, and positions generally are filled by applicants from the first three ranks on an eligibility list. Appointments may be made from other than the first three ranks when the ability to speak, read, or write a language in addition to English, possession of a valid driver's license, specialized licenses or ability, or gender is a requirement of the position.

Exemption from the "Rule of Three Ranks."

The rationale for the exemptions permanently extended by this bill, as described in an analysis of Chapter 881, Statutes of 2003 (Assembly Bill 424, Richman) was that these provisions would "provide efficiencies, economies and flexibility in the examination and selection process for classified employees of the [LAUSD]." At that time, the sponsor of that bill stated that the "Rule of Three Ranks" takes between one and four months to fill a vacancy, and that "at any given time, there are tens of vacancies in any given classification. If one school must select from the top three ranks before the next school can select, inordinate delays are created in the hiring of qualified employees." The sponsor estimated that an exemption would reduce hiring time to two to three weeks.

Examples of Selective Certification Use in Other Jurisdictions

Similar to California's various civil service statutes, the federal Office of Personnel Management's (OPM) process for federal employment involves the selection of eligible candidates for appointment based on merit and fitness. This process is governed by specific regulations and guidelines to ensure a fair and open competition. The selection is made from a list of eligibles, known as a certificate, which may be prepared from the most nearly appropriate existing register. The OPM may rerate the eligibles on the register based on the particular requirements of the position.

This authorization, pursuant to Section 332.403, Title 5 of the Code of Federal Regulations expressly provides, "[w]hen there is no register appropriate as a whole for the certification of eligibles for a particular position, [the federal Office of Personnel Management (OPM)]may prepare a certificate from the most nearly appropriate existing register by the selective certification of eligibles qualified for the particular position in the order of their ranking on the register. Special overseas selection factors may also be used as a basis for selective certification from a register used for filling overseas positions. When appropriate, [the OPM] may rerate the eligibles on the register on the basis of the particular requirements of the position."

In New York City, the "selective certification process allows for candidates with specialized skills to be preferentially hired for positions requiring specific qualifications. This enables agencies… to identify candidates with special qualifications not tested in exams [and,] creates a smaller, specialized list of candidates from the broader eligible list, facilitating faster hiring needs for roles."^[1]

The City of Sacramento also uses selective certification. Its Civil Service Board Rules and Regulations provide that, "[i]f a vacancy exists within a classification, the appointing authority may request a selective certification (special qualifications) of eligibles having the specialized qualifications required if such request is made prior to certification. If the Board, after public hearing, determines that the facts and reasons justify such selective certification, the highest ranking eligibles who possess the special qualifications shall be certified. Notwithstanding any other provision of these rules, the Board must initiate selective certification (special qualifications) whenever the City workforce is constituted in such a manner that certain segments of the population are being insufficiently served because the workforce cannot adequately relate to their needs or culture. Such certification shall be applicable in all classifications where open competitive examinations are given and where the Board determines that the desired special qualifications will most effectively meet the needs of those under-served citizens of Sacramento and help further the goal of achieving a diversified workforce." (Rule 6.7(b), Rules and Regulations of the Sacramento City Civil Service Board.) Although various other examples exist, the underling purpose for the use, when appropriate, of selective certification remains the same.

Please refer to the respective policy committee analyses for a full discussion of this bill.

According to the Author

"Selective certification has allowed [the] LAUSD to decrease the time to hire staff in certain, critical roles, who have the skills to effectively support our schools and families on day one. In a time of decreasing enrollment and increasing costs, every dollar counts. Selective Certification is cost-effective and provides decreased disruption of service."

Arguments in Support

Among other things, the LAUSD states that, "[it] has used Selective Certification since 2003, which allows the district to move quickly to fill certain positions that require skills that cannot be acquired on the job, such as fluency in a foreign language. Prior to the implementation of Selective Certification in 2003, the district required between one to three months to fill a vacancy. These positions are now filled in two to five weeks, greatly improving continued service for our staff and students. Additionally, Selective Certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who have the skills to effectively perform the job on day one. [This bill] will further the impact of this policy, by allowing the district to retain employees with specialized skill sets during reductions in force."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, this bill would result in no new state costs.

VOTES

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 6-0-1

YES: McKinnor, Lackey, Boerner, Garcia, Nguyen, Michelle Rodriguez

ABS, ABST OR NV: Alanis

ASM EDUCATION: 9-0-0

YES: Patel, Hoover, Alvarez, Bonta, Castillo, Garcia, Lowenthal, Pellerin, Zbur

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Hoover, Aguiar-Curry, Caloza, Dixon, Fong, Mark González, Krell, Pacheco, Pellerin, Sharp-Collins, Solache, Ta, Tangipa

ABS, ABST OR NV: Arambula

UPDATED

VERSION: February 18, 2026

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0002487

1. "What is the selective certification process and how does it work for city positions?" Committee on Civil Service and Labor, New York City Council. February 27, 2024. Also see, "Rule 4.7.10 Selective Certification," The Rules of the City of New York. ↑

Date of Hearing: May 6, 2026

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2120

Author:(Solache) – As Introduced Ver:February 18, 2026

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill permanently extends authority for the Los Angeles unified School District (LAUSD) to use the alternative hiring process authorized for specified classified employee job classifications in the merit system.

FISCAL EFFECT:

No new state costs.

COMMENTS:

1. Purpose. According to the author:

Selective Certification has allowed LAUSD to decrease the time to hire staff in certain, critical roles, who have the skills to effectively support our schools and families on day one. In a time of decreasing enrollment and increasing costs, every dollar counts. Selective Certification is cost-effective and provides decreased disruption of service.

1. Background. Existing law allows a school district or CCD to establish a personnel commission as an independent board separate from the district’s leadership structure, with districts adopting this structure known as merit districts. The personnel commission’s primary purpose is to oversee the district and each campus of the district’s merit system for classified employees and to ensure fair and objective treatment of all applicants and employees. A merit system provides for a set of rules and procedures governing the selection, promotion, retention, and discipline of classified staff in order to avoid favoritism or prejudice. Among other responsibilities, the personnel commission is responsible for classifying and reclassifying positions and presides over appeal hearings for disciplinary actions taken against classified staff. School districts and CCDs may determine which position classifications are included within the classified designation but it typically includes custodians, bus drivers, educational center assistants, student support specialists, and financial aid supervisors.

Most school districts operate as non-merit districts but about 100 school districts, including LAUSD, have adopted a merit system for use with their employees. This means classified staff vacancies are filled from applicants on eligibility lists, except for vacancies filled by transfer, demotion, reinstatement, or reemployment in accordance with rules of the commission. Competitive examinations determine an applicant's place on an eligibility list. Candidates are ranked and only those in the first three ranks are placed on an eligibility list. Appointments may be made from other than the first three ranks when the ability to speak, read, or write a language in addition to English, possession of a valid driver's license, specialized licenses or ability, or gender is a requirement of the position.

According to LAUSD, the exemption extended by this bill allows the district to fill vacancies in two to five weeks that would otherwise require between one to three months.

Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081

Date of Hearing: April 22, 2026

ASSEMBLY COMMITTEE ON EDUCATION

Darshana R. Patel, Chair

ABPCA Bill Id:AB 2120 (

Author:Solache) – As Introduced Ver:February 18, 2026

[Note: This bill was double referred from the Assembly Public Employment and Retirement Committee and was heard by that Committee as it relates to issues under its jurisdiction.]

SUBJECT: School district employees: merit system

SUMMARY: Deletes the sunset date for the alternative hiring process for specified job classifications in the merit system for classified employees in the Los Angeles Unified School District (LAUSD). Specifically, this bill:

1. Deletes the sunset date for LAUSD to have an alternative hiring process for specified job classifications related to the first three ranks of eligible applicants.
2. Deletes Information Technology Electronic Communications Technician from this alternative hiring process.
3. States that a classified employee hired using the alternative hiring process may be retained, without regard to seniority, if the employee’s layoff would deprive the district of the qualifications listed that was the basis for the employee’s original employment.

EXISTING LAW:

1. Requires that vacancies in the classified service of a school district that has adopted the merit system be filled by appointments from eligible applicants on the applicable eligibility list who are ready and willing to accept the position, in order of rank on the list. (Education Code (EC) 45277)
2. Authorizes the LAUSD, until January 1, 2027, to make an appointment to specified classifications from other than the first three ranks on the eligibility list if one or more specified criteria are required for successful job performance. In those circumstances, appointments must be made from among the highest three ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. (EC 45277.5)
3. Requires that when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within a class is determined by length of service, with the employee who has been employed the shortest time laid off first and reemployment occurring in order of seniority. (EC 45308)

FISCAL EFFECT: Unknown

COMMENTS:

Need for the bill. According to the author, “Selective Certification has allowed LAUSD to decrease the time to hire staff in certain, critical roles, who have the skills to effectively support our schools and families on day one. In a time of decreasing enrollment and increasing costs, every dollar counts. Selective Certification is cost-effective and provides decreased disruption of service.”

Exemption from the “Rule of Three Ranks.” The rationale for the exemptions permanently extended by this bill, as described in an analysis of AB 424 (Richman), Chapter 881, Statutes of 2003, was that these provisions would “provide efficiencies, economies and flexibility in the examination and selection process for classified employees of the Los Angeles Unified School District.” The sponsor of that bill stated that the “Rule of Three Ranks” takes between one and four months to fill a vacancy, and that “at any given time, there are tens of vacancies in any given classification. If one school must select from the top three ranks before the next school can select, inordinate delays are created in the hiring of qualified employees.” The sponsor estimated that an exemption would reduce hiring time to two to three weeks.

Merit systems. Current law establishes a system of classified personnel management, known as the merit system, which has been adopted by nearly 100 school districts in California, including LAUSD, which adopted the merit system in 1936.

In a merit system district, a personnel commission establishes guidelines that the district governing board must follow in the hiring, retention, and promotion of classified employees. The commission is comprised of one commissioner selected by the exclusive representative of the classified employees, one commissioner selected by the school district, and a third commissioner selected by the other two.

Vacancies in the classified service are filled from applicants on eligibility lists, except for vacancies filled by transfer, demotion, reinstatement, or reemployment in accordance with rules of the commission. An applicant's place on an eligibility list is determined by his or her performance on a competitive examination. All eligible applicants with the same score are considered as having the same rank, and positions generally are filled by applicants from the first three ranks on an eligibility list. Appointments may be made from other than the first three ranks when the ability to speak, read, or write a language in addition to English, possession of a valid driver's license, specialized licenses or ability, or gender is a requirement of the position.

Arguments in support. Los Angeles Unified School District state, “Los Angeles Unified School District (Los Angeles Unified) is pleased to sponsor your bill, Assembly Bill 2120, which would permanently extend the authorization for Los Angeles Unified to use selective certification in hiring for classified positions, and would additionally give the district flexibility to retain employees hired through Selective Certification during reductions in force, if the typical layoff pattern would deprive the district of the necessary skills or experiences for which the person was hired.

Los Angeles Unified has used Selective Certification since 2003, which allows the district to move quickly to fill certain positions that require skills that cannot be acquired on the job, such as fluency in a foreign language. Prior to the implementation of Selective Certification in 2003, the district required between one to three months to fill a vacancy. These positions are now filled in two to five weeks, greatly improving continued service for our staff and students. Additionally, Selective Certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who have the skills to effectively perform the job on day one. Assembly Bill 2120 will further the impact of this policy, by allowing the district to retain employees with specialized skill sets during reductions in force.”

Previous legislation. AB 1859 (Santiago), Chapter 67, Statutes of 2020, extended from December 31, 2020, to January 1, 2027, exemptions from the requirement that a merit system school district fill classified employee vacancies with applicants from the first three ranks on an eligibility list.

AB 1339 (Santiago), Chapter 243, Statutes of 2015, extended the exemption from the requirement to appoint from the first three ranks until December 31, 2020, and struck “information technology solution technician” from the list of positions subject to this exemption.

AB 2125 (Hall), Chapter 56, Statutes of 2012, extended the exemption from the requirement to appoint from the first three ranks to December 31, 2015, and reduced the application to nine positions.

AB 1293 (Hall), Chapter 145, Statutes of 2009, added nine additional positions to which the exemption from the requirement to appoint from the first three ranks may apply.

AB 415 (Karnette), Chapter 186, Statutes of 2008, added "any classifications that have been designated as management" to the positions exempted from the requirement to appoint from the first three ranks.

AB 580 (Smyth), Chapter 528, Statutes of 2007, extended the exemption from the requirement to appoint from the first three ranks to January 1, 2012, and limited its application to 16 specified positions.

AB 1772 (Assembly Public Employees, Retirement and Social Security Committee), Chapter 547, Statutes of 2005, extended the exemption from the requirement to appoint from the first three ranks to January 1, 2007.

AB 424 (Richman), Chapter 881, Statutes of 2003, created the exemption from the requirement to appoint from the first three ranks. That bill did not restrict the exemption to specified positions.

REGISTERED SUPPORT / OPPOSITION:

Support

Los Angeles Unified School District

Opposition

None on file

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087

Date of Hearing: April 8, 2026

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT

Tina S. McKinnor, Chair

ABPCA Bill Id:AB 2120 (

Author:Solache) – As Introduced Ver:February 18, 2026

SUBJECT: School district employees: merit system

SUMMARY: Makes changes to existing law relating to classified school employees in K-12 public schools in the Los Angeles Unified School District (LAUSD), among other provisions. Specifically, this bill:

1. Removes the classification “information technology electronics communications technician” from the list of appointments that may be made from a list of eligible applicants.
2. Permanently extends the authority of the LAUSD to make an appointment from other than the first three ranks on the eligibility list by repealing the existing sunset date of January 1, 2027, granting this authority.
3. Authorizes the LAUSD to retain, without regard to seniority, classified employees hired from other than the first of three ranks of an eligibility list, if the employee’s layoff would deprive the district of the following qualifications that was the basis for their original employment:
4. The ability to speak, read, or write a language in addition to English.
5. A valid driver’s license.
6. Specialized licenses, certifications, knowledge, or ability, as determined by the personnel commission of the school district, that cannot reasonably be acquired during the probationary period.
7. A specific gender, if it is a bona fide occupational qualification.
8. Makes technical and clarifying changes for these purposes.
9. Includes legislative findings and declarations relating to the need for a special statute specific to the LAUSD, and that reimbursement is note required pursuant to Section 6, art. XIIB of the California Constitution, as specified.

EXISTING LAW:

1. Authorizes, until January 1, 2027, the LAUSD to make an appointment to specified classifications of positions to be made from other than the first three ranks on the eligibility list, if one or more of specified criteria are required for successful job performance of the position filled, in which case the appointment must be made from among the highest three ranks of eligible candidates on the list who meet the special requirements and are ready and willing to accept the position. (Section 45277.5, Educ. Code.)
2. Requires the governing board of a school district, except as provided, to employ persons not requiring certification qualifications or that are not academic positions, and to classify these employees and positions known as the “classified service.” (Sections 45100 et seq., Educ. Code.)
3. Authorizes a school district that adopts a merit system to appoint a personnel commission and, among other things, prescribes appointment to, powers, duties and composition of, the personnel commission. (Sections 45240 et seq., Educ. Code.)
4. Prohibits a school district that has adopted the merit system from demoting or removing a permanent classified employee, except for reasonable cause designated by rule of the personnel commission, but does not prevent layoffs for lack of work or funds, as prescribed. However, when classified employees are subject to layoff for lack of work or lack of funds, the order of layoff within the class must be determined by length of service, providing that the employee who has been employed the shortest time in the class, plus higher classes, be laid off first, and reemployment must be in order of seniority. Among other things, provides various requirements, discretionary authority, and rights relating to the suspension, demotion or dismissal of classified employees, as prescribed. (Sections 45302 through 45306 and 45308, Educ. Code.)
5. Authorizes the governing board of a school district to fix the duties of all classified service positions, and to recommend the minimum educational and work experience requirements for those positions to the personnel commission where minimum qualification requirements must be subject to approval of the commission. In addition, the criteria to be used by the personnel commission in approving minimum educational and work experience requirements for these positions is provided. (Section 45276, Educ. Code.)
6. Authorizes appointments to be made from other than the first three ranks of applicants on the eligibility list when the ability to speak, read, or write a language in addition to English or possession of a valid driver’s license is a requirement of the position to be filled. The recruitment bulletin announcing the examination must indicate the special requirements that may be necessary for filling one or more of the positions in the class. Where a position is to be filled, as provided, the appointment must be made from among the highest three ranks of applicants on the appropriate eligibility list who meet the special requirements and who are ready and willing to accept the position. If there are insufficient applicants who meet the special requirements, an employee who meets those special requirements may receive a provisional appointment that may accumulate a total of 90 working days, and successive provisional appointments of 90 working days or less may be made if an appropriate eligibility list does not exist containing applicants who meet the special requirements if the commission finds that certain requirements have been met. Further, such appointments are authorized to continue for the period of the provisional appointment, but they may not be additionally extended if certification can later be made from an appropriate eligibility list. (Section 45277, Educ. Code.)
7. Governs collective bargaining in the private sector under the federal National Labor Relations Act (NLRA) but leaves to the states the regulation of collective bargaining in their respective public sectors. (Sections 151 et seq., Title 29, United States Code.) While the NLRA and the decisions of its National Labor Relations Board often provide persuasive precedent in interpreting state collective bargaining law, public employees generally have no collective bargaining rights absent specific statutory authority establishing those rights.
8. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Educational Employment Relations Act (EERA), which governs employment relations for California’s K-12 public schools and CCDs. (Sections 3512 et seq., Gov. Code.)
9. Establishes the Public Employment Relations Board (PERB), a quasi-judicial administrative agency charged with administering certain statutory frameworks governing employer-employee relations, resolving disputes, and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City and County of Los Angeles a local alternative to PERB oversight. (Sections 3541 et seq., Gov. Code.)

FISCAL EFFECT: Unknown. This bill is flagged as fiscal by Legislative Counsel.

COMMENTS: The committee is informed that this bill is also referred to the Assembly Committee on Education. As such, this writing only discusses matters that are germane to the jurisdiction of this committee and defers to the Assembly Committee on Education to discuss matters that are specifically germane to its jurisdiction.

Among other things, information provided by the author states, “[s]elective certification, authorized under Personnel Commission Rule 635 and [Sections 45277 and 45277.5, Educ. Code], permits the certification of eligible candidates possessing special qualifications necessary for certain positions within a classification.

“As the largest district in California, four times larger than the next largest district, [the LAUSD] faces unique needs under the merit system. While other districts may have only a handful of applicants on a list for a position, or have the bandwidth to offer specified positions, [the LAUSD] maintains hundreds of classified positions, some of which have lists with over 100 qualified applicants. In addition, [the LAUSD] performs many functions in-house that in other districts are provided by the local County Office of Education or other entities. The size of the district, in both employment numbers and geography, as well as the highly diverse and specialized nature of [its] workforce, requires certain flexibilities that the original merit system was not designed to offer. Selective certification allows [the LAUSD] to maintain the rigorous hiring standards created by the merit system while effectively hiring for a district with over 30,000 classified employees across schools and offices. Without selective certification, if the first three ranks do not possess the necessary knowledge or certification, the hiring division faces significant operational risks. The division is compelled to onboard individuals who require immediate, intensive remedial training. This results in a prolonged skills and productivity gap of up to two years, increased turnover, and the additional cost of restarting the recruitment cycle should the candidate fail to achieve the necessary competencies. Selective certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who are able to effectively perform the job on day one.

“Additionally, in the event of a reduction in force, the [LAUSD] may be compelled to lay off a recently-hired employee who was hired specifically due to possessing a certain skill set or qualification. This bill would allow the district to skip over these employees during reductions in force, if following the typical layoff pattern would deprive the district of the special skill for which the employee was hired.”

Brief History of the Establishment of Merit Systems in California Public Schools

“Merit systems,” also commonly referred to as district “civil service systems” relating to public education in California are independent of the school or community college district’s governing board where the personnel commission of a “merit system” district is responsible for administering the hiring and retention of classified school employees through a statutory framework pursuant to the Educ. Code. A personnel commission is an independent board separate from the governing board of a school district where a personnel commission has been formally adopted to cover employees.

Merit systems derive from the late 19^th and early 20^th century civil service movement that sought to curtail the “spoils” resulting from political patronage in the system whereby elected political candidates rewarded their supporters with government positions. These systems arose out of a particularly egregious school board decision to discharge over 700 classified employees in the 1930s upon the new board’s election. This history strongly suggests that the Legislature intended the merit system framework as a means to protect classified employees from local political mistreatment at a time prior to public sector collective bargaining, and in which such systems continue to exist. The personnel commission’s main directive is to ensure fair and objective treatment of all applicants and employees.

Generally, in the public education employment arena, districts that have not formally adopted the merit system are referred to as “nonmerit” districts. For such districts, employment matters are not addressed by a personnel commission.

Examples of Selective Certification Use in Other Jurisdictions

Similar to California’s various civil service statutes, the federal Office of Personnel Management’s process for federal employment involves the selection of eligible candidates for appointment based on merit and fitness. This process is governed by specific regulations and guidelines to ensure a fair and open competition. The selection is made from a list of eligibles, known as a certificate, which may be prepared from the most nearly appropriate existing register.^[1] The OPM may rerate the eligibles on the register based on the particular requirements of the position.

This authorization, pursuant to Section 332.403, Title 5 of the Code of Federal Regulations expressly provides, “[w]hen there is no register appropriate as a whole for the certification of eligibles for a particular position, [the federal Office of Personnel Management (OPM)]may prepare a certificate from the most nearly appropriate existing register by the selective certification of eligibles qualified for the particular position in the order of their ranking on the register. Special overseas selection factors may also be used as a basis for selective certification from a register used for filling overseas positions. When appropriate, [the OPM] may rerate the eligibles on the register on the basis of the particular requirements of the position.”

In New York City, the “selective certification process allows for candidates with specialized skills to be preferentially hired for positions requiring specific qualifications. This enables agencies… to identify candidates with special qualifications not tested in exams [and,] creates a smaller, specialized list of candidates from the broader eligible list, facilitating faster hiring needs for roles.”^[2]

The City of Sacramento also uses selective certification. Its Civil Service Board Rules and Regulations provide that, “[i]f a vacancy exists within a classification, the appointing authority may request a selective certification (special qualifications) of eligibles having the specialized qualifications required if such request is made prior to certification. If the Board, after public hearing, determines that the facts and reasons justify such selective certification, the highest ranking eligibles who possess the special qualifications shall be certified. Notwithstanding any other provision of these rules, the Board must initiate selective certification (special qualifications) whenever the City workforce is constituted in such a manner that certain segments of the population are being insufficiently served because the workforce cannot adequately relate to their needs or culture. Such certification shall be applicable in all classifications where open competitive examinations are given and where the Board determines that the desired special qualifications will most effectively meet the needs of those under-served citizens of Sacramento and help further the goal of achieving a diversified workforce.” (Rule 6.7(b), Rules and Regulations of the Sacramento City Civil Service Board.)

Although various other examples exist, the underling purpose for the use, when appropriate, of selective certification remains the same.

This Bill

It is noted that after multiple enacted statutes during the past 23 years specifically addressing a need for the LAUSD with respect to selective certification, each statute enacted included a sunset provision that was later extended.^[3] Among other things, this bill proposes to remove the existing sunset, thereby, granting the LAUSD the ability to permanently utilize this process – when appropriate – for filling vacancies in a timely manner.

It also is noted that Section 45308(b)(1) of this bill – which is current law – expressly defines “length of service” relating to school districts with an average daily attendance below 250,000 beginning or continuing after July 1, 1971. Further, the governing board of a school district is not precluded from entering into an agreement with the exclusive representative of classified employes that defines that term to mean the hire date. In those districts that exceed that average daily attendance threshold beginning or continuing after July 1, 1986, the term “length of service” must be determined by the date of hire. Moreover, if the governing board of a school district and exclusive representative enter into an agreement that defines that term to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of an employee not represented by any exclusive bargaining unit.

The technical amendments in the subdivisions of this section of existing law with respect to the aforementioned provisions neither impair nor intrude upon the EERA collective bargaining framework.

Author’s Statement

“Selective certification has allowed [the] LAUSD to decrease the time to hire staff in certain, critical roles, who have the skills to effectively support our schools and families on day one. In a time of decreasing enrollment and increasing costs, every dollar counts. Selective Certification is cost-effective and provides decreased disruption of service.”

Comments by Supporters

Among other things, The LAUSD states that, “[it] has used Selective Certification since 2003, which allows the district to move quickly to fill certain positions that require skills that cannot be acquired on the job, such as fluency in a foreign language. Prior to the implementation of Selective Certification in 2003, the district required between one to three months to fill a vacancy. These positions are now filled in two to five weeks, greatly improving continued service for our staff and students. Additionally, Selective Certification allows the district to most efficiently utilize taxpayer dollars by hiring candidates who have the skills to effectively perform the job on day one. [This bill] will further the impact of this policy, by allowing the district to retain employees with specialized skill sets during reductions in force.”

Comments by Opponents

None on file.

Prior or Related Legislation

Chapter 67, Statutes of 2020 (Assembly Bill 1859, Santiago) extended from December 31, 2020, to January 1, 2027, authority for the LAUSD to fill a classified vacancy with an applicant who is not among the first three ranks of an eligibility list, as specified.

Chapter 243, Statutes of 2015 (Assembly Bill 1339, Santiago) extended the exemption from the requirement that a merit system school district fill classified employee vacancies with applicants from the first three ranks on an eligibility list until December 31, 2020.

Chapter 56, Statutes of 2012 (Assembly Bill 2125, Hall) provided, until December 31, 2015, exemptions from the requirement that merit system school districts fill classified employee vacancies with applicants from the first three ranks on an eligibility list, and only applied to school districts with a pupil population over 400,000.

Chapter 145, Statutes of 2009 (Assembly Bill 1293, Hall) extended, until January 1, 2012, authority granted to the LAUSD to fill specified job classification vacancies from ranks other than the top three ranks of an employment list under certain conditions.

Chapter 186, Statutes of 2008 (Assembly Bill 415, Karnette) extended, until January 1, 2012, authority granted to the LAUSD to fill specified job classification vacancies from ranks other than the top three ranks of an employment list under specified conditions to include classifications that were designated as management.

Chapter 528, Statutes of 2007 (Assembly Bill 580, Smyth) authorized, until January 1,2012, the LAUSD to fill vacancies in specified job classifications from ranks other than the top three ranks of an employment list if specialized licenses, certifications, knowledge, or ability that cannot reasonably be acquired during the probationary period or a specific gender is required.

Chapter 547, Statutes of 2005 (Assembly Bill 1772, Assembly Committee on Public Employees, Retirement and Social Security) authorized, until January 1, 2007, a school district with a pupil population over 400,000 to make an appointment for an open entry-level position from any rank on the eligibility list but requires that consideration be given to at least three candidates from the list, if available and other factors, as specified, among other provisions.

Chater 881, Statutes of 2003 (Assembly Bill 424, Richman) authorized, until January 1, 2006, the LAUSD to select an employee from any rank on a merit system employment list, provided that at least three candidates from the list are considered, among other provisions.

REGISTERED SUPPORT / OPPOSITION:

Support

Los Angeles Unified School District (Sponsor)

Opposition

None on file.

Analysis Prepared by: Michael Bolden / P. E. & R. / (916) 319-3957

1. “Certificate” means a list of eligibles from which an appointing officer selects one or more applicants for appointment. ↑

2. “What is the selective certification process and how does it work for city positions?” Committee on Civil Service and Labor, New York City Council. February 27, 2024. Also see, “Rule 4.7.10 Selective Certification,” The Rules of the City of New York. ↑

3. See “Prior or Related Legislation” below. ↑