SECTIONS 44650-44654 - California Statutes

EDUCATION CODE

SECTION 44650-44654

44650. (a) The Certificated Staff Performance Incentive Act is
hereby established for the purpose of awarding one-time performance
awards to teachers and other certificated staff in underachieving
schools, where the academic performance of pupils significantly
improves beyond the minimum percentage growth target established
pursuant to Section 52052.
(b) The State Board of Education shall establish criteria for
determining the eligibility of schools to receive the awards and
shall determine the amount to be allocated to a school, based on the
number of teachers and other certificated staff eligible to receive
an award. The maximum award allocated to a school per full-time
equivalent certificated staff shall not exceed twenty-five thousand
dollars ($25,000). The total amount of the awards allocated under
this article shall not exceed the total amount appropriated for the
purposes of this article.
(c) This article shall be implemented subject to the appropriation
of funds for the purpose of this article in the annual Budget Act.

44651. (a) Any school district or charter school that maintains
classes in kindergarten or any of grades 1 to 12, inclusive, may
apply for funding under this article if it meets the conditions of
subdivision (b). County boards of education, county superintendents
of schools, and state agencies shall not be eligible to participate.
(b) To be eligible for funding under this article, a school shall
meet all of the following conditions:
(1) The school's aggregate score for student performance on the
state Academic Performance Index established pursuant to Section
52052 was below the 50th percentile relative to other public schools
in the state in the prior year.
(2) The school has met the criteria established by the board
pursuant to subdivision (b) of Section 44650.

44652. The Superintendent of Public Instruction shall allocate
funds to school districts and charter schools that have certified to
the superintendent that they satisfy the conditions of subdivision
(b) of Section 44651, based on the amount determined pursuant to
subdivision (b) of Section 44650. At the time of the allocation the
Superintendent of Public Instruction shall notify the exclusive
representatives of the teachers and other certificated staff in each
district of the availability of these funds.

44653. Upon receiving an allocation from the Superintendent of
Public Instruction for the purpose of awarding awards, the governing
board of the school district shall negotiate individual teacher and
other certificated staff salary award amounts with the exclusive
representative of the bargaining unit of the teachers and other
certificated staff. In the event that the governing board and the
exclusive representative of teachers and other certificated staff do
not reach an agreement regarding the amount of the award or if the
teachers and other certificated staff are not represented by an
exclusive bargaining representative, all teachers and other
certificated staff at the school shall receive a salary award amount
that is equal to a percentage of their base salary that is determined
by dividing the total amount awarded to a school by the sum of the
annual base salaries for teachers and other certificated staff of the
school.

44654. (a) Funds awarded pursuant to this article shall not become
part of a district's revenue limit, and shall be identified as a
separate item of expenditure on any financial reports filed by school
districts with the state pursuant to any state law or regulation.
(b) Salary award amounts received by teachers and other
certificated staff pursuant to this article shall not be considered
compensation for the purposes of calculating retirement benefits or
contributions, or for any other benefit that an employee is eligible
to receive where the benefit or contribution amount is calculated
based on compensation.
(c) It is the intent of the Legislature that funds appropriated
for the purposes of this article shall be fully expended based on the
criteria established in subdivision (b) of Section 44650. However,
if unexpended funds are available, they shall continue to be
available for allocation for the intended purpose of the
appropriation in subsequent years.