Bill Text: CA SB871 | 2011-2012 | Regular Session | Amended

California Senate Bill 871 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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  MARCH 24, 2011

INTRODUCED BY   Senator Runner

                        FEBRUARY 18, 2011

    An act to amend Section 46300 of the Education Code,
relating to school attendance.   An act to amend
Sections 45028 and 45032 of the Education Code, relating to teacher
salaries. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 871, as amended, Runner.  School attendance: average
daily attendance.   Teacher salaries.  
   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. 

   Existing law establishes the public elementary and secondary
school system in this state, and further establishes a funding system
pursuant to which the state apportions funds to local educational
agencies in accordance with district revenue limits, the calculation
of which is partly based on the average daily attendance of pupils at
the schools operated by those agencies. Numerous statutes and
regulations govern the calculation and reporting of average daily
attendance.  
   This bill would make technical, nonsubstantive changes in a
statute relating to the calculation of average daily attendance.

   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 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  such
  these  employees serve.
   (2)  In no case shall the   The 
governing board of a school district  shall not  draw orders
for the salary of any teacher in violation of this section, 
nor shall any   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.   The   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,  such increase to 
 and this increase shall  be effective on any date ordered
by the governing board. 
  SECTION 1.    Section 46300 of the Education Code
is amended to read:
   46300.  (a) In computing the average daily attendance of a school
district or county office of education, there shall be included the
attendance of pupils while engaged in educational activities required
of those pupils and under the immediate supervision and control of
an employee of the district or county office who possessed a valid
certification document, registered as required by law.
   (b) (1) For purposes of a work experience education program in a
secondary school that meets the standards of the California State
Plan for Career Technical Education, "immediate supervision," in the
context of off-campus work training stations, means pupil
participation in on-the-job training as outlined under a training
agreement, coordinated by the school district under a state-approved
plan, wherein the employer and certificated school personnel share
the responsibility for on-the-job supervision.
   (2) The pupil-teacher ratio in a work experience program shall not
exceed 125 pupils per full-time equivalent certificated teacher
coordinator. This ratio may be waived by the state board pursuant to
Article 3 (commencing with Section 33050) of Chapter 1 of Part 20 of
Division 2 under criteria developed by the state board.
   (3) A pupil enrolled in a work experience program shall not be
credited with more than one day of attendance per calendar day, and
shall be a full-time pupil enrolled in regular classes that meet the
requirements of Section 46141 or 46144.
   (c) (1) For purposes of the rehabilitative schools, classes, or
programs described in Section 48917 that require immediate
supervision, "immediate supervision" means that the person to whom
the pupil is required to report for training, counseling, tutoring,
or other prescribed activity shares the responsibility for the
supervision of the pupils in the rehabilitative activities with
certificated personnel of the district.
   (2) A pupil enrolled in a rehabilitative school, class, or program
shall not be credited with more than one day of attendance per
calendar day.
   (d) (1) For purposes of computing the average daily attendance of
pupils engaged in the educational activities required of high school
pupils who are also enrolled in a regional occupational center or
regional occupational program, the school district shall receive
proportional average daily attendance credit for those educational
activities that are less than the minimum schoolday, pursuant to
regulations adopted by the state board; however, none of that
attendance shall be counted for purposes of computing attendance
pursuant to Section 52324.
   (2) A school district shall not receive proportional average daily
attendance credit pursuant to this subdivision for a pupil in
attendance for less than 145 minutes each day.
   (3) The divisor for computing proportional average daily
attendance pursuant to this subdivision is 240, except that, in the
case of a pupil excused from physical education classes pursuant to
Section 52316, the divisor is 180.
   (4) Notwithstanding any other provision of law, travel time of
pupils to attend a regional occupational center or regional
occupational program shall not be used in any manner in the
computation of average daily attendance.
   (e) (1) In computing the average daily attendance of a school
district, there shall also be included the attendance of pupils
participating in independent study conducted pursuant to Article 5.5
(commencing with Section 51745) of Chapter 5 of Part 28 for five or
more consecutive schooldays.
   (2) A pupil participating in independent study shall not be
credited with more than one day of attendance per calendar day.
   (f) For purposes of cooperative career technical education
programs and community classrooms described in Section 52372.1,
"immediate supervision" means pupil participation in paid and unpaid
on-the-job experiences, as outlined under a training agreement and
individualized training plans wherein the supervisor of the training
site and certificated school personnel share the responsibility for
the supervision of on-the-job experiences.
   (g) (1) In computing the average daily attendance of a school
district, there shall be included the attendance of pupils in
kindergarten after they have completed one school year in
kindergarten or pupils in a transitional kindergarten program after
they have completed one year in that program if one of the following
conditions is met:
   (A) The school district has on file for each of those pupils an
agreement made pursuant to Section 48011, approved in form and
content by the department and signed by the pupil's parent or
guardian, establishing that the pupil may continue in kindergarten
for not more than one additional school year.
   (B) The pupils participated in a transitional kindergarten program
pursuant to subdivision (c) of Section 48000.
   (2) A school district may not include for apportionment purposes
the attendance of any pupil for more than two years in kindergarten
or for more than two years in a combination of transitional
kindergarten and kindergarten.