SECTIONS 44030-44049 - California Statutes

EDUCATION CODE

SECTION 44030-44049

44030. Any principal, teacher, employee, or school officer of any
elementary or secondary school who refuses or willfully neglects to
make such reports as are required by law is guilty of a misdemeanor
and is punishable by a fine of not more than one hundred dollars
($100).

44031. (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
(b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
(1) Information of a derogatory nature shall not be entered into
an employee's personnel records unless and until the employee is
given notice and an opportunity to review and comment on that
information. The employee shall have the right to enter, and have
attached to any derogatory statement, his or her own comments. The
review shall take place during normal business hours and the employee
shall be released from duties for this purpose without salary
reduction.
(2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
(3) A noncredentialed employee shall have access to his or her
numerical scores obtained as a result of a written examination.
(4) Except as provided in paragraph (3), nothing in this section
shall entitle an employee to review ratings, reports, or records that
(A) were obtained prior to the employment of the person involved,
(B) were prepared by identifiable examination committee members, or
(C) were obtained in connection with a promotional examination.

44032. The governing board of any school district shall provide for
the payment of the actual and necessary expenses, including
traveling expenses, of any employee of the district incurred in the
course of performing services for the district, whether within or
outside the district, under the direction of the governing board.

44033. The governing board of any school district may provide for
the reimbursement of employees of the district for the use of
automobiles owned by the employees and used in the performance of
regularly assigned duties, by establishing an allowance for such use
on a mileage or monthly basis.

44034. Any classroom teacher who, in the interest of improving his
or her personal teaching techniques, wishes to use an audio recording
device in a classroom to record classroom instructional
presentations, may employ that device without the necessity of
obtaining the approval of the school principal or other school
officials.

44035. Every permanent employee of a school district which becomes
in its entirety a part of a unified school district, and every
permanent employee of a school district employed in a school located
in a portion of a district which becomes a part of a unified school
district, where the whole of the district does not become a part of a
unified school district, shall become a permanent employee of the
unified school district.

44036. (a) The governing board of a school district may grant
leaves of absence to employees to appear as a witness in court other
than as a litigant or to respond to an official order from another
governmental jurisdiction for reasons not brought about through the
connivance or misconduct of the employee.
(b) The governing board of a school district may grant leaves of
absence to employees, in positions requiring certification
qualifications, regularly called for jury duty in the manner provided
for by law.
(c) The governing board may grant such leaves of absence with pay
up to the amount of the difference between the employee's regular
earnings and any amount he receives for jury or witness fees.

44037. The governing board of any district shall grant leave of
absence to any employee, serving in a position not requiring
certification qualifications, regularly called for jury duty in the
manner provided for by law. The governing board shall grant such
leave with pay up to the amount of the difference between the
employee's regular earnings and any amount he receives as juror's
fees.
It is unlawful for the governing board or personnel commission of
any school district to adopt or maintain any rule, regulation, or
policy which has as its purpose or effect a tendency to encourage
employees to seek exemption from jury duty, or to directly or by
indirection solicit or suggest to any employee that he seek exemption
from jury duty, or to discriminate against any employee with respect
to assignment, employment, promotion, or in any other manner because
of such employee's service on any jury panel.
The board or personnel commission may, however, provide by rule
that only a percentage of its staff, which percentage shall not be
less than 2 percent, shall be granted such leave, with pay, at any
one time.
Nothing in the foregoing provisions shall preclude the district
superintendent or his agent from discussing with the affected
employee the practicality of seeking exemption when acceptance would
tend to materially disrupt the district's operations.

44038. The governing board of any school district may use school
district funds for cash deposits, when required to guarantee payment
for transportation purchased on credit for school district employees
or other representatives who are directed by the governing board to
travel on school district business.

44039. The governing board of any school district may use school
district funds for cash deposits, when required to guarantee payment
for health plans purchased on credit for school district employees.

44039.5. No contract with any insurer or other employee welfare
benefit provider shall be approved or renewed if an administrative
employee of a school district, as defined pursuant to subdivision (d)
of Section 33150, or any employee organization, as defined pursuant
to subdivision (d) of Section 3540.1 of the Government Code, or any
employee or agent thereof, has a direct financial interest in any
plan or program which is being approved or renewed. The provisions of
this section shall not apply to any employee welfare benefit fund
jointly administered by one or more employers and one or more
employee organizations or to any employee welfare benefit fund
established by the school district for the purpose of self insuring.
As used in this section, "direct financial interest" means the
receipt of or entitlement to a commission, fee, or other
remuneration, including the payment of fees for administrative
services rendered on behalf of such plans.

44040. It shall be unlawful for any person authorized to invoke
disciplinary action against any employee of a school district or
employee in the office of the county superintendent of schools either
in his individual capacity or as a member of any board, to invoke or
attempt to invoke disciplinary action against any such employee or
to discriminate against such employee in the terms, conditions and
privileges of employment solely because of the employee's appearance
before the governing board of a school district, the county board of
education, legislative committees, or any other duly constituted
governmental board, commission or council, whether such appearance
was undertaken voluntarily or otherwise.
Violation of the provisions of this section shall be a
misdemeanor.

44041. (a) (1) The governing board of each school district when
drawing an order for the salary payment due to employees of the
district shall, without charge, reduce the order by the amount which
it has been requested in a revocable written authorization by the
employee to deduct for any or all of the following purposes:
(A) Paying premiums on any policy or certificate of group life
insurance for the benefit of the employee or for group disability
insurance, or legal expense insurance, or any of them, for the
benefit of the employee or his or her dependents issued by an
admitted insurer on a form of policy or certificate approved by the
Insurance Commissioner.
(B) Paying rates, dues, fees, or other periodic charges on any
hospital service contract for the benefit of the employee, or his or
her dependents, issued by a nonprofit hospital service corporation on
a form approved by the Insurance Commissioner pursuant to the former
provisions of Chapter 11A (commencing with Section 11491) of Part 2
of Division 2 of the Insurance Code.
(C) Paying periodic charges on any medical and hospital service
agreement or contract for the benefit of the employee, or his or her
dependents, issued by a nonprofit corporation subject to Part 2
(commencing with Section 5110) of, Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(D) Paying periodic charges on any legal services contract for the
benefit of the employee, or his or her dependents issued by a
nonprofit corporation subject to Part 3 (commencing with Section
7110) of, or Part 11 (commencing with Section 10810) of, Division 2
of Title 1 of the Corporations Code.
(2) The requirements of this subdivision shall not apply to
subdivision (b).
(b) For purposes of a deferred compensation plan authorized by
Section 403(b) or 457 of the Internal Revenue Code or an annuity
program authorized by Section 403(b) of the Internal Revenue Code
that is offered by the school district which provides for investments
in corporate stocks, bonds, securities, mutual funds, or annuities,
except as prohibited by the California Constitution, the governing
board of each school district when drawing an order for the salary
payment due to an employee of the district shall, with or without
charge, reduce the order by the amount which it has been requested in
a revocable written authorization by the employee to deduct for
participating in a deferred compensation plan or annuity program
offered by the school district. The governing board shall determine
the cost of performing the requested deduction and may collect that
cost from the organization, entity, or employee requesting or
authorizing the deduction. For purposes of this subdivision, the
governing board of a school district is entitled to include in the
amounts reducing the order the costs of any compliance or
administrative services that are required to perform the requested
deduction in compliance with federal or state law, and may collect
these costs from the participating employee, the employee's
participant account, or the organization or entity authorizing the
deduction.
(c) The governing board of the district shall, beginning with the
month designated by the employee and each month thereafter until
authorization for the deduction is revoked, draw its order upon the
funds of the district in favor of the insurer which has issued the
policies or certificates or in favor of the nonprofit hospital
service corporation which has issued hospital service contracts, or
in favor of the nonprofit corporation which has issued medical and
hospital service or legal service agreements or contracts, for an
amount equal to the total of the respective deductions therefor made
during the month. The governing board may require that the employee
submit his or her authorization for the deduction up to one month in
advance of the effective date of coverage.
(d) "Group insurance" as used in this section shall mean only a
bona fide group program of life or disability or life and disability
insurance where a master contract is held by the school district or
an employee organization but it shall, nevertheless, include annuity
programs authorized by Section 403(b) of the Internal Revenue Code
when approved by the governing board.

44041.5. (a) For purposes of this section, the following
definitions shall apply:
(1) "Annuity contract" means an annuity contract described in
Section 403(b) of the Internal Revenue Code that is available to
employees as described in Section 770.3 of the Insurance Code.
(2) "Custodial account" means a custodial account described in
Section 403(b)(7) of the Internal Revenue Code.
(3) "Deferred compensation plan" means a plan described in Section
457 of the Internal Revenue Code.
(4) "Employer" means a school district or county office of
education.
(5) "Third-party administrator" means a person or entity that
provides administrative or compliance services to an employer as
described in subdivision (b).
(b) An employer may enter into a written contract with a
third-party administrator for services regarding an annuity contract
and custodial account or a deferred compensation plan provided by the
employer. That contract may include any of the following:
(1) Services to ensure compliance with either Section 403(b) of
the Internal Revenue Code regarding the annuity contract and
custodial account or Section 457 of the Internal Revenue Code
regarding a deferred compensation plan, including, but not limited
to, any of the following:
(A) Administer and maintain written plan documents governing the
employer's plan.
(B) Review and authorize hardship withdrawal requests under
Section 403(b) of the Internal Revenue Code, transfer requests, loan
requests, unforeseeable emergency withdrawals under Section 457 of
the Internal Revenue Code and other disbursements permitted under
either Section 403(b) or 457 of the Internal Revenue Code.
(C) Review and determine domestic relations orders as qualified
domestic relations orders as described in Section 414(p) of the
Internal Revenue Code.
(D) Provide notice to eligible employees that is consistent with
Title 26 of the Code of Federal Regulations that those employees may
participate in an annuity contract and custodial account.
(E) Administer and maintain specimen salary reduction agreements
for the employer and employees of that employer to initiate payroll
deferrals.
(F) Monitor, from information provided either directly from the
employee, as part of the common remitting services provided pursuant
to paragraph (2), through information provided by the employer, or
through information provided by vendors authorized by the employer to
provide investment products, the maximum contributions allowed by
employees participating in either the annuity contract and custodial
account as described in Sections 402(g), 414(v), and 415 of the
Internal Revenue Code or the deferred compensation plan as described
in Section 414(v) or 457 of the Internal Revenue Code.
(G) Calculate and maintain vesting information for contributions
made by the employer to the annuity contract and custodial account or
deferred compensation plan.
(H) Identify and notify employees that are required to take a
minimum distribution of the funds in that employee's annuity contract
and custodial account or deferred compensation plan as described in
Section 401(a)(9) of the Internal Revenue Code.
(I) Coordinate responses to the Internal Revenue Service if there
is an Internal Revenue Service audit of the annuity contract and
custodial account or deferred compensation plan.
(2) Services to administer the annuity contract and custodial
account or a deferred compensation plan that includes, but is not
limited to, all of the following:
(A) Common remitting services.
(B) General educational information to employees about the annuity
contract and custodial account or the deferred compensation plan
that includes, but is not limited to, the enrollment process, program
eligibility, and investment options.
(C) Internal reports for the employer to ensure compliance with
either Section 403(b) or 457 of the Internal Revenue Code and
compliance with Title 26 of the Code of Federal Regulations.
(D) Consulting services related to the design, operation, and
administration of the plan.
(E) Internal audits, on behalf of an employer, of a provider's
plan compliance procedures with respect to the provider's annuity
contract or custodial account offered under the employer's plan.
These audits shall not be conducted more than once per year for any
provider's plan unless documented evidence indicates a problem in
complying with either Section 403(b) or 457 of the Internal Revenue
Code.
(c) (1) If an employer elects to contract with a third-party
administrator for the administrative or compliance services to
employers described in subdivision (b), the employer shall do all of
the following:
(A) Require the third-party administrator to provide proof of
liability insurance and a fidelity bond in an amount determined by
the employer to be sufficient to protect the assets of participants
and beneficiaries in the annuity contract and custodial account or
deferred compensation plan.
(B) Require the third-party administrator to provide evidence of a
safe chain-of-custody of assets process for ensuring fulfillment of
fiduciary responsibilities and timely placement of participant
investments.
(C) Require evidence, if the third-party administrator is related
to or affiliated with a provider of investment products pursuant to
Section 403(b) or 457 of the Internal Revenue Code, that data
generated from the services provided by the third-party administrator
are maintained in a manner that prevents the provider of investment
products from accessing that data unless access to the data is
required to provide the services in accordance with the contract
entered into with the employer pursuant to subdivision (b).
(2) This subdivision shall apply to any administrative or
compliance services provided pursuant to a contract for services
between an employer and the State Teachers' Retirement System if the
system does not contract with a third-party administrator to provide
those administrative and compliance services on behalf of the system.
(d) A third-party administrator shall disclose to any employer
seeking his or her services any fees, commissions, cost offsets,
reimbursements, or marketing or promotional items received by the
administrator, a related entity, or a representative or agent of the
administrator or related entity from any plan provider selected as a
vendor of a annuity contract, custodial account, or deferred
compensation plan by the employer. A third-party administrator that
is affiliated with or has a contractual relationship with a provider
of annuity contracts, custodial accounts, or deferred compensation
plans shall disclose the existence of the relationship to each
employer and each individual participant in the annuity contract,
custodial account or deferred compensation plan.
(e) Any personal information obtained by the third-party
administrator in providing services pursuant to this section shall be
used by the third-party administrator only to provide those services
for the employer in accordance with the contract entered into with
the employer pursuant to subdivision (b).
(f) Nothing in this section shall be construed to interfere with
either of the following:
(1) The rights of employees or beneficiaries as described in
Section 770.3 of the Insurance Code.
(2) The ability of the employer to establish nonarbitrary
requirements upon providers of an annuity contract that, in the
employer's discretion, aid in the administration of its benefit
programs and do not unreasonably discriminate against any provider of
an annuity contract or interfere with the rights of employees or
beneficiaries as described in Section 770.3 of the Insurance Code.
(g) This section shall not apply to any services provided by a
third-party administrator pursuant to a contract for services between
an employer and the State Teachers' Retirement System. Any services
provided by a third-party administrator pursuant to a contract for
services between an employer and the State Teachers' Retirement
System shall be subject to either Section 24953, in the case of an
annuity contract or custodial account, or Section 24977, in the case
of a deferred compensation plan.

44042. School districts may, but shall not be required to, provide
payroll deduction for the collection of insurance premiums except as
expressly authorized by Section 44041.

44043. Any school employee of a school district who is absent
because of injury or illness which arose out of and in the course of
the person's employment, and for which the person is receiving
temporary disability benefits under the workers' compensation laws of
this state, shall not be entitled to receive wages or salary from
the district which, when added to the temporary disability benefits,
will exceed a full day's wages or salary.
During such periods of temporary disability so long as the
employee has available for the employee's use sick leave, vacation,
compensating time off or other paid leave of absence, the district
shall require that temporary disability checks be endorsed payable to
the district. The district shall then cause the employee to receive
the person's normal wage or salary less appropriate deductions
including but not limited to employee retirement contributions.
When sick leave, vacation, compensating time off or other
available paid leave is used in conjunction with temporary disability
benefits derived from workers' compensation, as provided in this
section, it shall be reduced only in that amount necessary to provide
a full day's wage or salary when added to the temporary disability
benefits.

44043.5. (a) The governing board of a school district or county
office of education may establish a catastrophic leave program to
permit employees of that district or county office to donate eligible
leave credits to an employee when that employee or a member of his
or her family suffers from a catastrophic illness or injury.
For the purposes of this section the following terms are defined
as follows:
(1) "Catastrophic illness" or "injury" means an illness or injury
that is expected to incapacitate the employee for an extended period
of time, or that incapacitates a member of the employee's family
which incapacity requires the employee to take time off from work for
an extended period of time to care for that family member, and
taking extended time off work creates a financial hardship for the
employee because he or she has exhausted all of his or her sick leave
and other paid time off.
(2) "Eligible leave credits" means vacation leave and sick leave
accrued to the donating employee.
(b) Eligible leave credits may be donated to an employee for a
catastrophic illness or injury if all of the following requirements
are met:
(1) The employee who is, or whose family member is, suffering from
a catastrophic illness or injury requests that eligible leave
credits be donated and provides verification of catastrophic injury
or illness as required by the governing board of the school district
or county office in which he or she is employed.
(2) The governing board of the school district or county office
determines that the employee is unable to work due to the employee's
or his or her family member's catastrophic illness or injury.
(3) The employee has exhausted all accrued paid leave credits.
(c) If the transfer of eligible leave credits is approved by the
governing board of the school district or county office, any employee
may, upon written notice to the governing board of the district or
county office, donate eligible leave credits at a minimum of eight
hours, and in hour increments thereafter.
(d) The governing board of a school district or county office that
provides a catastrophic leave program pursuant to this section shall
adopt rules and regulations for the administration of this section,
including, but not limited to, the following:
(1) The maximum amount of time for which donated leave credits may
be used, but not to exceed use for a maximum period of 12
consecutive months.
(2) The verification of catastrophic injury or illness required
pursuant to paragraph (1) of subdivision (b).
(3) Making all transfers of eligible leave credit irrevocable.
(e) An employee who receives paid leave pursuant to this section
shall use any leave credits that he or she continues to accrue on a
monthly basis prior to receiving paid leave pursuant to this section.
(f) Notwithstanding the provisions of this section, the governing
board of a school district or county office and an exclusive
bargaining representative of employees in that district or county may
agree to include in any collective bargaining agreement, a provision
setting forth requirements for a catastrophic leave program.

44044. Notwithstanding the provisions of Sections 44043, 44984 and
45192, a school district may waive the requirement that temporary
disability checks be endorsed payable to the district, and may in
lieu thereof, permit the employee to retain his temporary disability
check, providing that notice be given to the district that such check
has been delivered to the employee. In such cases, the district
shall then cause the employee to receive his normal wage or salary
less appropriate deductions, including, but not limited to, employee
retirement contributions, and an amount equivalent to the face amount
of the temporary disability check, which the employee has been
permitted to retain. In all cases, employee benefits are to be
computed on the basis of the employee's regular wage or salary prior
to the deduction of any amounts for temporary disability payments.
Nothing contained herein shall be deemed to in any way diminish
those rights and benefits which are granted to a school employee
pursuant to the provisions of Sections 44043, 44984 and 45192.

44045. Whenever, as a result of any school district unification
proceeding all of the territory under the jurisdiction of the county
superintendent of schools is included in a single unified school
district and the maintenance of any schools or classes or the
performance of any other function theretofore under the jurisdiction
of the county superintendent of schools is assumed by such unified
school district, the inclusion shall, with respect to any employee,
whether in a position requiring certification qualifications or in a
position not requiring certification qualifications, who was
theretofore employed by the county superintendent of schools in
connection with such school, class, or function, be deemed to be the
inclusion of a school district in the unified district. The rights of
such an employee to employment with the unified district shall be
governed by the laws defining the rights of employees of a
predecessor school district included within a unified school district
to continue in employment as employees of the including unified
school district.

44046. (a) The governing board of a small school district, which
does not employ persons charged with school-community duties of
counseling students and parents or guardians in their homes, may
contract with any qualified social service agency or organization to
secure the services, on a part-time or full-time basis, of qualified
social workers as counselors in schools and in the homes of pupils.
The State Board of Education shall adopt rules and regulations for
the implementation of this section, but such social workers shall not
be required to hold credentials or certification documents otherwise
required under this code for service in the public schools.
(b) Social workers authorized to serve under this section, as well
as credentialed school social workers in districts other than small
school districts, may perform, but are not limited to, the
performance of the following service to children, parents, school
personnel, and community agencies:
(1) Group and individual counseling and casework with parents and
children relating to learning and adjustment problems of children,
including parent education.
(2) Liaison with community resources offering services to
schoolchildren and their families.
(3) Consultation with parents and others in crisis situations,
such as truancy, drug abuse, suicide threats, assaults, and child
abuse.
(4) Assessment of social and behavioral disabilities affecting
learning, including but not limited to case study evaluation,
recommendations for remediation or placement, and periodic
reevaluation.
(5) Participation in and coordination of staff development
programs for professional, paraprofessional, and classified school
staff and supervision of pupil personnel services workers.
(6) Coordination of social service and mental health components of
children's centers and other early childhood development programs in
the public schools.
(7) Consultation and collaboration with school personnel to
promote a school environment responsive to the needs of children and
the planning of educational programs which will prepare children to
function in a culturally diversified society.
(c) As used in this section "small school district" means any of
the following school districts:
(1) A unified school district having an average daily attendance
of less than 1,501.
(2) A high school district having an average daily attendance of
less than 301.
(3) An elementary school district having an average daily
attendance of less than 901.

44047. Prior to implementing in any school of the district classes
on Saturday or Sunday, or both, the governing board of a school
district shall consult in good faith in an effort to reach agreement
with the certificated and classified employees of the school, with
the parents of pupils who would be affected by the change, and with
the community at large. Such consultation shall include at least one
public hearing for which the board has given adequate notice to the
employees and to the parents of pupils affected.

44048. A classified school employee currently employed by any
school district or a county superintendent of schools which decides
to maintain classes on Saturday or Sunday, or both, shall not,
without his or her written consent, be required to change his or her
workweek to include Saturday or Sunday, or both. No such classified
employee shall be assigned to perform services on a Saturday or
Sunday if such classified employee objects in writing that such
assignment would conflict with his or her religious beliefs or
practices. Enactment of this section shall cause no change or
disruption in existing work schedules which may already include
Saturday or Sunday as regular workdays.
This section shall not be construed as limiting the power of any
governing board of a school district, or a county superintendent of
schools, to govern the schools of the district, including the
assignment of classified employees employed by such district or
county superintendent of schools.
This section shall not be construed as modifying or otherwise
affecting in any way the provisions of Sections 45127, 45128, or
45131, or any other provisions of this code relating to employment of
classified employees.

44049. (a) Except as provided in subdivision (c), any principal or
person designated by the principal who, in his or her professional
capacity or within the scope of his or her employment, has knowledge
of or observes a pupil whom he or she knows, or reasonably suspects
as evidenced by the pupil's apparent intoxication, has consumed an
alcoholic beverage or abused a controlled substance, as listed in
Chapter 2 (commencing with Section 11053) of the Health and Safety
Code, may report the known or suspected instance of alcohol or
controlled substance abuse to the parent or parents, or other person
having legal custody, of the student.
(b) No principal or his or her designee who reports a known or
suspected instance of alcohol or controlled substance abuse by a
pupil to the parent or parents, or other person having legal custody,
of the pupil shall be civilly or criminally liable, for any report
or as a result of any report, unless it can be proven that a false
report was made and the principal or his or her designee knew that
the report was false or was made with reckless disregard for the
truth or falsity of the report. Any principal or his or her designee
who makes a report known to be false or with reckless disregard of
the truth or falsity of the report is liable for any damages caused.
(c) No principal or person designated by the principal shall
report a known or suspected instance of alcohol or controlled
substance abuse by a pupil to the parent or parents, or other person
having legal custody, of the pupil if the report would require the
disclosure of confidential information in violation of Section 49602
or 72621.