Notwithstanding Section 22112.5, any county office of education that, prior to January 1, 1997, operated a special education program for up to 225 days, and changes that program to a regular school term of not less than 180 school days with an extended school term of not more than 45 days effective July 1, 1998, may consider days of service in defining not more than two classes of employees, subject to the following:
(a) Members employed in the 225-day program prior to October 1, 1997, may remain in a class of employees for whom full-time service is 216 days per school term.
(b) Any of those members may elect to belong to a second class of employees for whom full-time service is fewer than 216 days per year, but not less than the minimum standard specified in paragraph (1) of subdivision (b) of Section 22138.5, if both of the following conditions exist:
(1) The election is made on or before June 30, 1998, and is effective July 1, 1998.
(2) The election is nonrevocable.
(c) All certificated employees hired on or after October 1, 1997, shall belong to the class of employees specified in subdivision (b).
(d) This section shall not apply to certificated employees whose base school term is determined pursuant to subparagraph (A) or (B) of paragraph (2) of subdivision (b) of Section 22138.5.
(Amended by Stats. 2018, Ch. 416, Sec. 2. (SB 1165) Effective January 1, 2019.)
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