Bill Text: CA SB871 | 2011-2012 | Regular Session | Amended
Bill Title: School district employees: compensation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB871 Detail]
Download: California-2011-SB871-Amended.html
BILL NUMBER: SB 871 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Runner
FEBRUARY 18, 2011
An act to amend Sections 45028 and 45032 of the Education
Code, relating to teacher salaries. An act to add
Section 44021 to the Education Code, relating to school district
employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 871, as amended, Runner. Teacher salaries.
School district employees: compensation.
Existing law establishes various requirements with respect to the
employment of school district employees, including requirements
relating to compensation.
This bill would prohibit salary increases for school district
employees in any school year in which a school district reduces its
instructional minutes or days to a level below the minutes or days
provided in the previous school year. The bill would require that
this prohibition only apply for employees within the same job
classification. The bill also would require that these provisions not
affect any provision in a collective bargaining agreement that was
in existence prior to the reduction in instructional minutes or days.
Existing law requires that each teacher employed by a school
district be classified on a uniform salary schedule based on years of
training and years of experience, except if the employer and the
exclusive bargaining representative agree otherwise, pursuant to a
collective bargaining agreement.
This bill would prohibit salary increases for teachers in any
school year in which the instructional minutes or days are fewer than
the minutes or days provided by the school district in the previous
school year. The bill would specify that if these provisions are in
conflict with a collective bargaining agreement, as provided, these
provisions shall take effect upon the expiration of the agreement.
The bill would also make technical and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44021 is added to the
Education Code , to read:
44021. (a) In any school year in which a school district reduces
its instructional minutes or days to a level below the minutes or
days provided in the previous school year, the school district shall
not enter into any contract or agreement that allows for an increase
in compensation for any employee of the school district.
(b) The prohibition described in subdivision (a) shall only apply
to salary increases within the same job classification.
(c) This section shall not affect any provision in a collective
bargaining agreement that was in existence prior to the reduction in
instructional minutes or days described in subdivision (a).
SECTION 1. Section 45028 of the Education Code
is amended to read:
45028. (a) (1) Effective July 1, 1970, each person employed by a
school district in a position requiring certification qualifications,
except a person employed in a position requiring administrative or
supervisory credentials, shall be classified on the salary schedule
on the basis of uniform allowance for years of training and years of
experience, except if a public school employer and the exclusive
representative negotiate and mutually agree to a salary schedule
based on criteria other than a uniform allowance for years of
training and years of experience pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government Code.
Employees shall not be placed in different classifications on the
schedule, nor paid different salaries, solely on the basis of the
respective grade levels in which these employees serve.
(2) The governing board of a school district shall not draw orders
for the salary of any teacher in violation of this section, and the
superintendent shall not draw any requisition for the salary of any
teacher in violation thereof.
(3) This section shall not apply to teachers of special day and
evening classes in elementary schools, teachers of special classes
for elementary pupils, teachers of special day and evening high
school classes and substitute teachers.
(b) (1) It is not a violation of the uniformity requirement of
this section for a school district, with the agreement of the
exclusive representative of certificated employees, if any, to grant
any employee hired after a locally specified date differential credit
for prior years of experience or prior units of credit for purposes
of initial placement on the salary schedule of the district.
(2) This subdivision is declaratory of existing law.
(c) A public school employer and the exclusive representative of
credentialed teachers may jointly apply to the Superintendent for
technical assistance and planning grant funding to facilitate the
planning of a salary schedule for teachers based on criteria in
addition to years of training and years of experience, as described
in subdivision (a). The Superintendent may make planning grants from
funds appropriated for this purpose in the annual Budget Act or other
legislation.
(d) To be eligible for grant funding pursuant to subdivision (c),
the public school employer and the exclusive representative of
credentialed teachers should consider a salary schedule designed to
compensate teachers for the additional responsibilities, time, and
effort required to serve in challenging school settings, and reward
teachers for professional growth tied to their particular
assignments.
(e) Public school employers and exclusive representatives of
credentialed teachers are encouraged to recognize teacher
contributions to improving pupil achievement, provide incentives to
teachers to accept teaching assignments in areas of highest need, and
recognize relevant professional experience on the salary schedule in
lieu of units and degrees or in lieu of teaching experience.
(f) In any school year in which a school district reduces its
instructional minutes or days to a level below the minutes or days
provided in the previous school year, the school district shall not
increase the salary of any teacher on the basis of years of training
or years of experience. If the provisions of this subdivision are in
conflict with the terms of a collective bargaining agreement in
effect on or before January 1, 2012, the provisions of this
subdivision shall govern the employees subject to that agreement upon
the expiration of the agreement.
SEC. 2. Section 45032 of the Education Code is
amended to read:
45032. Except as specified in subdivision (f) of Section 45028,
the governing board of a school district may at any time during any
school year increase the salaries of persons employed by the district
in positions requiring certification qualifications, and this
increase shall be effective on any date ordered by the governing
board.
