SECTIONS 1330 - California Statutes

EDUCATION CODE

SECTION 1330

1330. (a) The Superintendent of Public Instruction or the Board of
Governors of the California Community Colleges, as appropriate, shall
represent, and exercise rights of appeal to the Unemployment
Insurance Appeals Board under this part on behalf of school employers
held under Section 1336 of the Unemployment Insurance Code.
(b) The Superintendent of Public Instruction or Board of Governors
of the California Community Colleges is hereby authorized to obtain
pertinent personnel records and data from any school employer and to
act as an agent individually or collectively for school employers in
matters pertaining to unemployment insurance.
(c) Each county superintendent of schools shall have the
responsibility of establishing, coordinating, and maintaining, either
directly or by contract, an unemployment insurance management system
for each school employer participating in the School Employees Fund
under Article 6 (commencing with Section 821) of Chapter 3 of Part 1
of Division 1 of the Unemployment Insurance Code. A management system
shall include general administration, claims management, appointment
of hearing representatives, representation of school employers at
hearings, and other duties related to the unemployment insurance
program in their jurisdiction. These duties and responsibilities may
be delegated to any school district, community college district,
another county superintendent of schools, or any combination of these
entities, including programs under joint powers agreements for the
purpose of consolidation for economy and employment of specialists,
including the services of a regional data center operated by a county
superintendent of schools or the data-processing services of a
school district or a community college district. School employers not
participating in the School Employees Fund shall be responsible for
the development and maintenance of their own unemployment insurance
management system required by this subdivision.
(d) Each school employer shall perform pursuant to the type of
financing elected, and shall, as required, respond to the
Superintendent of Public Instruction or Board of Governors of the
California Community Colleges and the county superintendent of
schools or designated agency as soon as possible, in no case later
than 48 hours, to inquiries made on behalf of the county
superintendent or the Superintendent of Public Instruction or Board
of Governors of the California Community Colleges in reference to any
aspect of eligibility, notice of claim or appeal under the
unemployment insurance program. Each county superintendent or agent
thereof who is responsible for administering the unemployment
insurance program shall be responsible for timely responses to any
inquiry by the administrator, Superintendent of Public Instruction,
State Treasurer, Controller, or other officer or person responsible
for disbursements from the School Employees Fund in the State
Treasury as established by Section 822 of the Unemployment Insurance
Code, or the Unemployment Fund in the State Treasury. Any school
employer which fails to pay the contributions, interest, charges or
levies within the time required shall be liable for interest on
moneys due at the rate of 1 percent per month or fraction thereof
from and after the date of delinquency until paid. If the school
employer fails, without good cause, to pay any sums required within
the time required, a penalty of 10 percent of the amount noticed,
billed or required shall be made by the administrator. The
administrator may for good cause waive all or a portion of interest
and penalty.
(e) The administrator of the School Employees Fund shall, from
available interest earnings, pursuant to investments authorized by
Section 822 of the Unemployment Insurance Code, transfer each year an
amount equal to two dollars ($2) per covered employee for all
districts participating in the School Employees Fund under Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code, to the Superintendent of Public
Instruction or the Board of Governors of the California Community
Colleges, as appropriate. The Superintendent of Public Instruction or
the Board of Governors of the California Community Colleges, as
appropriate, shall apportion the two dollars ($2) per covered
employee amount, less actual state administrative costs not to exceed
five cents ($0.05) per covered employee, to the county
superintendent of schools to cover costs of administering the
unemployment insurance management system specified in subdivision
(c).
(f) For the fiscal year 1978-79, and each fiscal year thereafter,
the administrator of the School Employees Fund shall transfer the
funds by December 31 of each year based on the reports received from
the Superintendent of Public Instruction or Board of Governors of the
California Community Colleges by November 30 of each year. The
reports shall be compiled from the number of covered employees as
reported by the county superintendent of schools or community
colleges, as appropriate, to the Superintendent of Public Instruction
or the Board of Governors of the California Community Colleges by
November 1 of each year, based on the covered employees employed in
the preceding calendar month. The funds shall be apportioned by the
Superintendent of Public Instruction and the Board of Governors of
the California Community Colleges prior to January 31 of each year to
the county superintendent of schools, less the actual administrative
costs of the Superintendent of Public Instruction or the Board of
Governors of the California Community Colleges, which shall not
exceed an aggregate amount of five cents ($0.05) per covered
employee. Funds for the cost of administering the unemployment
insurance management system shall be apportioned to each county
superintendent of schools according to the number of covered
employees in each district reported by him or her, and shall be used
only for the purpose of covering actual administrative costs incurred
pursuant to Section 1330.