Evans

Petitioners and appellants filed the present action on behalf of themselves and some 2,400 noncertificated employees of the San Francisco Unified School District (SFUSD) who serve in the capacity of paraprofessionals, commonly known as classroom aides, seeking a writ of mandate which would grant them civil service status under the San Francisco City Charter.

Education Code section 45318 provides, in effect, that all noncertificated employees of the SFUSD shall be granted all rights under the merit system of the San Francisco City Charter. However, a subsequent amendment to the charter itself, section 8.300(a)(2), excludes from that same system “all employees of the . . . District who serve in the capacity of paraprofessionals [classroom aides].” The question before this court is whether or not the state statute preempts the city charter provision. (All section 8.300 references herein are to the San Francisco City Charter.)

Background

The Enactment of Section 45318

In early times, San Francisco School District personnel were employees of the City of San Francisco (City) under the civil service provisions of the city charter. Since the adoption of article IX, section 14…