Bill Text: CA SB765 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Teachers: retired teachers: compensation limitation.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 885, Statutes of 2023. [SB765 Detail]
Download: California-2023-SB765-Amended.html
The Commencing July 1, 2024, the compensation earned by a member who retired for service under this part shall be exempt from subdivisions (d), (f), and (g) of Section 24214 if the member returns to perform performs retired member activities for an employer, excluding a community college district.
district, and all requirements provided in this section are met.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
Bill Title: Teachers: retired teachers: compensation limitation.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 885, Statutes of 2023. [SB765 Detail]
Download: California-2023-SB765-Amended.html
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Amended
IN
Senate
May 03, 2023 |
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Amended
IN
Senate
April 11, 2023 |
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Amended
IN
Senate
March 20, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 765
| Introduced by Senator Portantino |
February 17, 2023 |
An act to amend Sections 24214.5, 44415.5, and 69432.9 of, and to add and repeal Section 24214.1 of, the Education Code, and to amend Section 7522.56 of the Government Code, relating to teachers.
LEGISLATIVE COUNSEL'S DIGEST
SB 765, as amended, Portantino.
Teachers: retired teachers: teacher preparation: student financial aid.
(1) Existing law, the Teachers’ Retirement Law, establishes the State Teachers’ Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers’ Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. Under existing law, STRS is governed by the Teachers’ Retirement Board.
Existing law permits members retired for service from STRS to perform retired member activities without reinstatement into the system if certain conditions are met. Existing law, however, requires payment for the performance of retired member activities to be
law establishes a postretirement compensation limit of $0 during the first 180 calendar days after the most recent retirement of a retired member, unless certain conditions are met. member for the performance of retired member activities. Under existing law, if a retired member has attained normal retirement age at the time compensation is earned, this postretirement compensation limit does not apply if the appointment has been approved by the employer in a public meeting and a resolution containing certain information has been adopted by the governing body of the employer, as specified.
This bill would instead authorize a member retired
from service to perform retired member activities, notwithstanding the above-mentioned 180 calendar days compensation limitation, if a request for exemption containing specified information is submitted by the Superintendent, the county superintendent of schools, or the chief executive officer of a community college to the system, under penalty of perjury, as prescribed. This bill’s authorization to perform retirement member activities does not apply if a member has not attained a normal retirement age, if the member’s termination of employment is the basis for the need to acquire the services of the member, or if a member received additional service credit or any financial inducement
to retire.
Existing law limits the postretirement compensation of a member of the Defined Benefit Program of the Teachers’ Retirement Plan to an amount calculated by STRS, as specified. If the member’s postretirement compensation exceeds this amount, the law requires the member’s retirement allowance to be reduced by the amount of excess compensation. Existing law, however, permits members retired for service from STRS to perform retired member activities, as defined, without being subject to the compensation limit under certain limited conditions and circumstances.
This bill would, commencing July 1, 2024, and until June 30, 2026, exempt a retired member, who has returned to work
perform retired member activities for an employer, after retirement to fulfill a critical need in a teaching position, as defined, from the postretirement compensation limitation, as specified. The bill would require an employer to submit specified documentation, certified under penalty of perjury, to substantiate a retired member’s eligibility. By expanding the crime of perjury, the bill would impose a state-mandated local program.
This bill would prohibit a retired member from performing retired member activities until after the employer has submitted system has received the specified documentation to the system.
documentation. The bill’s exemption to existing law’s postretirement compensation limitation would commence on the date the retired member is appointed or assigned to the teaching position and end on June 30 of that fiscal year.
This bill would make these provisions inoperative on June 30, 2026, and would repeal them as of January 1, 2027.
(2) Existing law establishes the Teacher Residency Grant Program and appropriates $350,000,000 from the General Fund to the Commission on Teacher Credentialing for the 2021–22 fiscal year to award grants to certain applicant local educational agencies to support teacher residency programs that recruit and support the preparation of teachers, as provided. Under the program, a grant award can be no greater than $25,000 per teacher candidate, as provided.
This
bill would increase the maximum grant award to instead be no greater than $40,000 per teacher candidate, as provided.
(3) The Cal Grant Program establishes the Cal Grant A and B Entitlement Awards, the California Community College Expanded Entitlement Awards, the California Community College Transfer Entitlement Awards, the Competitive Cal Grant A and B Awards, the Cal Grant C Awards, and the Cal Grant T Awards under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs for participating students attending qualifying institutions. Under existing law, a requirement of the program includes determining financial need to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility, as provided.
provided, and agrees to repay the state the total amount of Cal Grant awards received pursuant to the exemption if the applicant fails to enroll in a teacher preparation program within one academic year of completing the applicant’s baccalaureate degree, as specified.
This bill would, commencing with the 2024–25 award year, and for each award year thereafter, require 1,000 of the awarded Cal Grants to be exempt from the above-described requirement of determining financial need if the applicant meets the other requirements of the program, as specified, and the applicant files a statement of intent with the commission stating that the applicant agrees to enroll in a teacher preparation program upon completion of a baccalaureate degree, as provided.
(4) 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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 24214.1 is added to the Education Code, to read:24214.1.
(a)(b) An employer employer, excluding a community college district, shall submit all completed documentation required by the system to substantiate the eligibility of the retired member for the exemption pursuant to subdivision (a), including compliance with subdivision (c).
(c) The retired member shall not perform retired member activities until after the
completed documentation has been received by the system. The documentation required by subdivision (b) shall include certification, under penalty of perjury, of the following:
(1) The member is returning to fulfill a critical need in a teaching position as defined in subdivision (e).
(2) The employer first publicly advertised the teaching position was first advertised for appointment to current active or inactive members of the program those
individuals
with the necessary qualifications to perform the requirements of the teaching position, and no one qualified current active or inactive member was available to be appointed.
accepted the appointment.
(3)The appointing authority made a good faith effort to hire a retired member who reinstated to active membership for the teaching position at the same salary that was offered as first advertised pursuant to paragraph (2).
(4)
(3) The appointing authority,
employer,
having tried and failed to hire a current active or inactive member or
a reinstated retired member, someone pursuant to paragraph (2), hired a retired member, and the salary offered to the retired member subject to this paragraph does not exceed the salary that was offered as first advertised pursuant to paragraph (2).
(5)
(4) The compensation paid for the teaching position meets the requirements set forth in subdivision (b) of Section 24214.
(6)
(5) The teaching position vacancy occurred due to circumstances beyond the control of the employer. The termination of employment of the retired member with the employer is not the basis for the need to acquire the services of the retired member.
(6) The termination of employment of the retired member with the employer is not the basis for the need to acquire the services of the retired member.
(7) The member did not receive additional service credit pursuant to Section
22714 or 22715, or receive from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision to further the Legislature’s intent to make subdivisions (d), (f), and (g) of Section 24214 subdivision (a) inapplicable to members if the member
received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer.
(d) The period of exemption shall commence on the date the retired member is appointed or assigned to the teaching position and shall end on June 30 of that fiscal year, after which the limitation specified in subdivisions (d), (f), and (g) of Section 24214 shall apply.
(e) For the purposes of this section, “teaching position” means a position requiring certification qualifications authorized by the Commission on Teaching Teacher Credentialing pursuant to Section 44001, or a position
requiring administrative or supervisory credentials.
(f) This section shall remain in effect only until June 30, 2026, and shall be repealed as of January 1, 2027, unless a later enacted statute deletes or extends that date.
SEC. 2.
Section 24214.5 of the Education Code is amended to read:24214.5.
(a) (1) Notwithstanding subdivision (f) of Section 24214, the postretirement compensation limitation that shall apply to the compensation paid in cash to the retired member for performance of retired member activities, excluding reimbursements paid by an employer for expenses incurred by the member in which payment of the expenses by the member is substantiated, shall be zero dollars ($0) during the first 180 calendar days after the most recent retirement of a member retired for service under this part.(2) For written agreements pertaining to the performance of retired member activities entered into, extended, renewed, or amended on or after January 1,
2014, the limitation in paragraph (1) shall also apply to payments made for the performance of retired member activities, including, but not limited to, those for participation in a deferred compensation plan; to purchase an annuity contract, tax-deferred retirement plan, or insurance program; and for contributions to a plan that meets the requirements of Section 125, 401(a), 401(k), 403(b), 457(b), or 457(f) of Title 26 of the United States Code when the cost is covered by an employer.
(b) Subdivision (a) shall not apply and Section 24214 shall apply if the Superintendent, the county superintendent of schools, or the chief executive officer of a community college submits a request for exemption to the system with certification
certification, under penalty of perjury, of the following:
(1) The nature of the employment.
(2) That the appointment is necessary to fill a critically needed position before 180 calendar days have passed.
(3) That the member is not ineligible for application of this subdivision pursuant to subdivision (d). (c).
(4) That the termination of employment of the retired member with the employer is not the basis for the need to acquire the services of the
member.
(c) Subdivision (b) shall not apply to a retired member if any of the following conditions exist:
(1) The member has not attained normal retirement age at the time the compensation is earned.
(2) The member’s termination of employment with the employer is the basis for the need to acquire the services of the member.
(3) A The member who
received additional service credit pursuant to Section 22714 or 22715 or received from any public employer any financial inducement to retire. For purposes of this section, “financial inducement to retire” includes, but is not limited to, any form of compensation or other payment that is paid directly or indirectly by a public employer to the member, even if not in cash, either before or after retirement, if the member retires for service on or before a specific date or specific range of dates established by a public employer on or before the date the inducement is offered. The system shall liberally interpret this subdivision paragraph
to further the Legislature’s intent to make subdivision (b) inapplicable to members if the member received a financial incentive from any public employer to retire or otherwise terminate employment with a public employer.
(d) The completed documentation required by this section shall be received by the system prior to the retired member’s performance of retired member activities.
(e) Within 30 calendar days after the receipt of all documentation required by the system pursuant to this section, the system shall inform the entity seeking application of the exemption specified in subdivision (b), and the retired member whether the compensation paid to the member will be
subject to the limitation specified in subdivision (a).
(f) If a member retired for service under this part earns compensation for performing retired member activities in excess of the limitation specified in subdivision (a), the member’s retirement allowance shall be reduced by the amount of the excess compensation. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the allowance payable during the first 180 calendar days, after a member retired for service under this part.
(g) The amendments to this section enacted during the first year of the 2013–14 Regular Session shall apply to compensation paid on or after January 1,
2014.
SEC. 3.
Section 44415.5 of the Education Code is amended to read:44415.5.
(a) For purposes of this section, the following definitions apply for the Teacher Residency Grant Program:(1) “Experienced mentor teacher” means an educator who meets all of the following requirements:
(A) Has at least three years of teaching experience and holds a clear credential in the subject in which the mentor teacher will be mentoring. For programs leading to the issuance of new PK-3 early childhood education specialist credentials, the mentor teacher must have at least three years of teaching experience in prekindergarten, transitional kindergarten, kindergarten, or any of grades 1 to 3, inclusive, and hold a clear
multiple subject credential.
(B) Has a record of successful teaching as demonstrated, at a minimum, by satisfactory annual performance evaluations for the preceding three years.
(C) Receives specific training for the mentor teacher role, and engages in ongoing professional learning and networking with other mentors.
(D) Receives compensation, appropriate release time, or both, to serve as a mentor in the initial preparation or beginning teacher induction component of the teacher residency program.
(2) “Teacher residency program” is a grant applicant-based program that partners with one or more commission-approved teacher preparation programs offered by a
regionally accredited institution of higher education in which a prospective teacher teaches at least one-half time alongside a teacher of record, who is designated as the experienced mentor teacher, for at least one full school year while engaging in initial preparation coursework.
(b) For the 2021–22 fiscal year, the sum of three hundred fifty million dollars ($350,000,000) is hereby appropriated from the General Fund to the commission for the Teacher Residency Grant Program to support teacher residency programs that recruit and support the preparation of teachers pursuant to this section. This funding shall be available for encumbrance until June 30, 2026.
(c) (1) The commission shall make grants to applicants to establish new teacher residency
programs, or expand, strengthen, or improve access to existing teacher residency programs that support either of the following:
(A) Designated shortage fields, including, but not limited to, special education, bilingual education, science, computer science, technology, engineering, mathematics, transitional kindergarten, or kindergarten, school counselors, and any other fields identified by the commission based on an annual analysis of state and regional hiring and vacancy data.
(B) Local efforts to recruit, develop support systems for, provide outreach and communication strategies to, and retain a diverse teacher workforce that reflects a local educational agency community’s diversity.
(2) Grant recipients shall work
with one or more commission-accredited teacher preparation programs and may work with other community partners or nonprofit organizations to develop and implement programs of preparation and mentoring for resident teachers who will be supported through program funds and subsequently employed by the sponsoring grant recipient.
(3) A grant applicant may consist of one or more, or any combination, of the following:
(A) A school district.
(B) A county office of education.
(C) A charter school.
(D) A regional occupational center or program operated by a joint powers authority or a county office of
education.
(d) Grants allocated pursuant to subdivision (c) shall be up to forty thousand dollars ($40,000) per teacher candidate in the residency program of the jurisdiction of the grant recipient, matched by that grant recipient at a rate of 80 percent of the grant amount received per participant, as described in subdivision (f). Residents are also eligible for other forms of federal, state, and
local educational agency financial assistance to support the cost of their preparation. Grant program funding shall be used for, but is not limited to, any of the following:
(1) Teacher preparation costs.
(2) Stipends for mentor teachers, including, but not limited to, housing stipends.
(3) Residency program staff costs.
(4) Mentoring and beginning teacher induction costs following initial preparation.
(e) A grant recipient shall not use more than 5 percent of a grant award for program administration costs.
(f) A grant
recipient shall provide a match of grant funding in the form of one or both of the following:
(1) Eighty cents ($0.80) for every one dollar ($1) of grant funding received per participant, to be used in a manner consistent with allowable grant activities pursuant to subdivision (d).
(2) An in-kind match of program director personnel costs, mentor teacher personnel costs, or other personnel costs related to the Teacher Residency Grant Program, provided by the grant recipient.
(g) Grant recipients shall do all of the following:
(1) Ensure that candidates are prepared to earn a preliminary teaching credential, including a PK-3 early childhood education specialist
credential, in furtherance of paragraph (1) of subdivision (c) upon completion of the program.
(2) Ensure that candidates are provided instruction in all of the following:
(A) Teaching the content area or areas in which the teacher will become certified to teach.
(B) Planning, curriculum development, and assessment.
(C) Learning and child development.
(D) Management of the classroom environment.
(E) Use of culturally responsive practices, supports for language development, and supports for serving pupils with disabilities.
(F) Professional responsibilities, including interaction with families and colleagues.
(3) Provide each candidate mentoring and beginning teacher induction support following the completion of the initial credential program necessary to obtain a clear credential and ongoing professional development and networking opportunities during the candidate’s first years of teaching at no cost to the candidate.
(4) Prepare candidates to teach in a school within the jurisdiction of the grant recipient in which they will work and learn the instructional initiatives and curriculum of the grant recipient.
(5) Group teacher candidates in cohorts to facilitate professional collaboration
among residents, and ensure candidates are enrolled in a teaching school or professional development program that is organized to support a high-quality teacher learning experience in a supportive work environment.
(h) To receive a grant, an applicant shall submit an application to the commission at a time, in a manner, and containing information prescribed by the commission.
(i) When selecting grant recipients, the commission shall do both of the following:
(1) Require applicants to demonstrate a need for teachers in one or more designated shortage fields or for the purposes described in subparagraph (B) of paragraph (1) of subdivision (c), and to propose to establish a new, or expand, strengthen, or improve access to an
existing, teacher residency program that recruits, prepares, and supports teachers to teach in either one or more such fields or in furtherance of subparagraph (B) of paragraph (1) of subdivision (c) in a school within the jurisdiction of the sponsoring grant applicant.
(2) Give priority consideration to grant applicants who demonstrate a commitment to increasing diversity in the teaching workforce, have a higher percentage than other applicants of unduplicated pupils, as defined in Section 42238.02, and have one or more schools that exhibit one or both of the following characteristics:
(A) A school where 50 percent or more of the enrolled pupils are eligible for free or reduced-price meals.
(B) A school that is
located in either a rural location or a densely populated region.
(j) A candidate in a teacher residency program sponsored by a grant provided pursuant to subdivision (c) shall agree in writing to serve in a school within the jurisdiction of the grant recipient that sponsored the candidate for a period of at least four school years beginning with the school year that begins after the candidate successfully completes the initial year of preparation and obtains a preliminary teaching credential, including a PK-3 early childhood education specialist credential. A candidate who fails to earn a preliminary credential, or who fails to complete the period of the placement, shall reimburse the sponsoring grant recipient the amount of grant funding invested in the candidate’s residency training. The amount to be reimbursed shall be adjusted proportionately
to reflect the service provided if the candidate taught at least one year, but less than four years, at a school within the jurisdiction of the sponsoring grant recipient. A candidate shall have five school years to complete the four-school-year teaching commitment.
(k) If a candidate is unable to complete a school year of teaching, that school year may still be counted toward the required four complete school years if any of the following occur:
(1) The candidate has completed at least one-half of the school year.
(2) The employer deems the candidate to have fulfilled their contractual requirements for the school year for the purposes of salary increases, probationary or permanent status, and retirement.
(3) The candidate was not able to teach due to the financial circumstances of the sponsoring grant recipient, including a decision to not reelect the employee for the succeeding school year.
(4) The candidate has a condition covered under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2061 et seq.) or similar state law.
(5) The candidate was called or ordered to active duty status for more than 30 days as a member of a reserve component of the Armed Forces of the United States.
(l) For purposes of administering the grant program pursuant to subdivision (c), the commission shall do all of the following:
(1) Determine the number of grants to be awarded and the total amount awarded to each grant applicant.
(2) Require grant recipients to submit program and expenditure reports, as specified by the commission, as a condition of receiving grant funds.
(3) Annually review each grant recipient’s program and expenditure reports to determine if any candidate has failed to meet their commitment pursuant to subdivision (j).
(m) If the commission determines or is informed that a sponsored candidate failed to earn a preliminary credential or failed to meet their commitment to teach pursuant to subdivision (j), the commission shall confirm with the grant recipient the
applicable grant amount to be recovered from the candidate and the grant recipient. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at the sponsoring grant recipient.
(n) Upon confirming the amount to be recovered from the grant recipient pursuant to subdivision (m), the commission shall notify the grant recipient of the amount to be repaid within 60 days. The grant recipient shall have 60 days from the date of the notification to make the required repayment to the commission. If the grant recipient fails to make the required payment within 60 days, the commission shall notify the Controller and the grant recipient of the failure to repay the amount owed. The Controller shall deduct an amount equal to the amount owed to the
commission from the grant recipient’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution. If the grant recipient is a regional occupational center or program operated by a joint powers authority that does not receive a principal apportionment or apportionments of state funds, or a consortia of local educational agencies, the commission shall notify the Controller of the local educational agency where the candidate taught and the Controller shall deduct the amount owed from the applicable local educational agency’s next principal apportionment or apportionments of state funds, other than basic aid apportionments required by Section 6 of Article IX of the California Constitution.
(o) An amount recovered by the commission or
deducted by the Controller pursuant to subdivision (n) shall be deposited into the Proposition 98 Reversion Account.
(p) Grant recipients may recover from a sponsored candidate who fails to earn a preliminary credential, or who fails to complete the period of placement, the amount of grant funding invested in the candidate’s residency training. The amount to be recovered shall be adjusted proportionately to reflect the service provided if the candidate taught at least one year, but less than four years, at a school within the jurisdiction of the sponsoring grant recipient.
(q) Grant recipients shall not charge a teacher resident a fee to participate in the Teacher Residency Grant Program.
(r) (1) Notwithstanding subdivision (c), the commission may allocate up to twenty-five million dollars ($25,000,000) of the
amount appropriated pursuant to subdivision (b) to capacity grants that shall be awarded on a competitive basis to local educational agencies or consortia, as designated pursuant to this section, partnering with regionally accredited institutions of higher education to expand, strengthen, improve access to, or create teacher residency programs.
(2) (A) The commission shall determine the number of capacity grants to be awarded and the amount of the applicable grants.
(B) Individual capacity grants shall not exceed two hundred fifty thousand dollars ($250,000) per grant recipient.
(s) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution,
the appropriation made by subdivision (b) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the 2020–21 fiscal year.
SEC. 4.
Section 69432.9 of the Education Code is amended to read:69432.9.
(a) A Cal Grant applicant shall submit a complete official financial aid application pursuant to Section 69433 and applicable regulations adopted by the commission. Each pupil enrolled in grade 12 in a California public school, including a charter school, other than pupils who opt out as provided in subdivision (d), shall be deemed to be a Cal Grant applicant.(b) Financial need shall be determined to establish an applicant’s initial eligibility for a Cal Grant award and a renewing recipient’s continued eligibility using the federal financial need methodology pursuant to subdivision (a) of Section 69506 and applicable regulations adopted by the commission, and as established by Title IV
of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.).
(1) “Expected family contribution,” with respect to an applicant or renewing recipient, shall be determined using the federal methodology pursuant to subdivision (a) of Section 69506 (as established by Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.)) and applicable rules and regulations adopted by the commission.
(2) “Financial need” means the difference between the student’s cost of attendance as determined by the commission and the expected family contribution. The calculation of financial need shall be consistent with Title IV of the federal Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1070 et seq.).
(3) (A) The minimum financial need required for receipt of an initial and renewal Cal Grant A or C award shall be no less than the maximum annual award value for the applicable institution, plus an additional one thousand five hundred dollars ($1,500) of financial need.
(B) The minimum financial need required for receipt of an initial and renewal Cal Grant B award shall be no less than seven hundred dollars ($700).
(4) Notwithstanding paragraphs (2) and (3), for the 2020–21 and 2021–22 award years, a student with an initial or renewal Cal Grant A award impacted by a change in the student’s living status, from living on-campus to living off-campus or from living on-campus to living at home, due to the
COVID-19 pandemic, shall have the student’s eligibility for the initial or renewal Cal Grant A award calculated based on what it would have been had the change in the student’s living status due to the COVID-19 pandemic not occurred.
(c) (1) The commission shall require that a grade point average be submitted to it for all Cal Grant A and B applicants, except for those permitted to provide test scores in lieu of a grade point average or as provided in subclause (II) of clause (iii) of subparagraph (B) of paragraph (2).
(2) (A) On or before January 1, 2025, the commission shall require that any grade point average data required for eligibility for student financial aid programs be submitted by local educational agencies through the
California Longitudinal Pupil Achievement Data System established by Section 60900 for transmittal to the California College Guidance Initiative. The governing board of the Cradle-to-Career Data System shall be responsible for developing a timeline to guide the commission’s implementation of this paragraph.
(B) (i) The commission shall require that a grade point average be submitted to it electronically on a standardized form for all grade 12 pupils at public schools, including charter schools, no later than October 1 of each academic year, except for pupils who have opted out as provided in subdivision (d). Social security numbers shall not be included in the information submitted to the commission. However, if the commission determines that a social security number is required to complete the application for
financial aid, the school, school district, or charter school may obtain permission from the parent or guardian of the pupil, or the pupil, if the pupil is 18 years of age, to submit the pupil’s social security number to the commission.
(ii) The commission shall require that each report of a grade point average include a certification, executed under penalty of perjury, by a school official, that the grade point average reported is accurately reported. The certification shall include a statement that it is subject to review by the commission or its designee.
(iii) (I) The commission shall adopt regulations that establish a grace period for receipt of the grade point average and any appropriate corrections, and that set forth the circumstances under which a
student may submit a specified test score designated by the commission, by regulation, in lieu of submitting a qualifying grade point average.
(II) Notwithstanding subclause (I), for the 2021–22 award year, commission staff may waive the requirement to submit a test score in lieu of a qualifying grade point average for a student who does not have a grade point average and is unable to submit a test score due to unavailability of designated testing due to the COVID-19 pandemic. The commission shall require a student seeking a waiver
under this subclause to submit a signed certification verifying they were prevented from taking and submitting a test score in lieu of a qualifying grade point average due to the COVID-19 pandemic. For purposes of consideration for a Cal Grant A or B Entitlement award when applying with a waiver under this subclause for the 2021–22 award year, students shall have until May 16, 2021, to complete and submit their financial aid application and signed certification verifying they were prevented from taking and submitting a test score in lieu of a qualifying grade point average.
(iv) The requirements of this subparagraph shall become inoperative upon the submission by the commission of any required grade point average through the Cradle-to-Career Data System pursuant to subparagraph (A).
(3) It is the intent of the Legislature that high schools and institutions of higher education certify the grade point averages of their students in time to meet the application deadlines imposed by this chapter.
(4) (A) It is the intent of the Legislature that the commission make available to each high school and school district a report identifying all grade 12 pupils within the high school or school district, respectively, who have and have not completed the Free Application for Federal Student Aid or the California Dream Act application.
(B) The requirements of this paragraph shall become inoperative upon the submission by the local educational agency of any required grade point average through the Cradle-to-Career Data System pursuant to
subparagraph (A) of paragraph (2).
(d) (1) The school district or charter school shall, no later than January 1 of a pupil’s grade 11 academic year, notify, in writing, each grade 11 pupil and, for a pupil under 18 years of age, the pupil’s parent or guardian that, pursuant to subdivision (a), the pupil will be deemed a Cal Grant applicant unless the pupil opts out within a period of time specified in the notice, which shall not be less than 30 days. The required notice shall indicate when the school will first send grade point averages to the commission and the submission deadline of October 1. The school district or charter school shall provide an opportunity for the pupil to opt out of being automatically deemed a Cal Grant applicant.
(2) Until a pupil turns 18
years of age, only a parent or guardian may opt the pupil out. Once a pupil turns 18 years of age, only the pupil may opt the pupil out and, if before the conclusion of the notice period, the pupil may opt in over the prior decision of a parent or guardian to opt out.
(e) Commencing with the 2024–25 award year, and for each award year thereafter, 1,000 of the awarded Cal Grants shall be exempt from the requirements of subdivision (b) if both all of the following are met:
(1) The requirements of subdivisions (c) and (d).
(2) The applicant files a
statement of intent with the Student Aid Commission stating that the applicant agrees to enroll in a teacher preparation program that is approved by the Commission on Teacher Credentialing upon completion of the applicant’s baccalaureate degree.
(3) The applicant agrees to repay the state the total amount of Cal Grant awards received pursuant to this subdivision if the applicant fails to enroll in a teacher preparation program that is approved by the Commission on Teacher Credentialing within one academic year of completing the applicant’s baccalaureate degree.
SEC. 5.
Section 7522.56 of the Government Code is amended to read:7522.56.
(a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section.(b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an
emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement.
(e) (1) Notwithstanding subdivision (c),
any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a
period of 180 days following the date of retirement unless he or she meets one of the following conditions:
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.
(2) (A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit
the process to determine if abuses of the system occur. If necessary, the department may assume an agency’s appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may
not be placed on a consent calendar.
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
(4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter.
(g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h) This section shall not apply to a person who is retired from the State
Teachers’ Retirement System, and who is subject to Section 24214, 24214.1, 24214.5, or 26812 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges’ Retirement System or the Judges’ Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
