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FAQs on AB 438 (Classified Employee Notice)

On October 8, 2021, Governor Newsom signed Assembly Bill (AB) 438 into law. AB 438 modifies the Education Code’s classified layoff statutes by providing classified employees with the same notice and hearing rights afforded to certificated employees.

In order to assist school leaders as they navigate AB 438 in the coming days and months, ACSA partnered with Lozano Smith to develop an easy-to-use overview of the new law via common FAQs. Representative topics include:

  • Basis for Layoff
  • Process and Mechanics
  • Specially Funded Programs
  • Seniority and Permanent Status
  • Bumping
  • Union/Negotiation Considerations
AB 438 LS FAQs

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