SECTIONS 45022-45061.5 - California Statutes

EDUCATION CODE

SECTION 45022-45061.5

45022. The governing board of any school district shall fix and
order paid the compensation of persons in public school service
requiring certification qualifications employed by the board unless
otherwise prescribed by law.

45023. The governing board of each school district shall adopt and
cause to be printed and made available to each certificated employee
a schedule of salaries to be paid.

45023.1. (a) Commencing with the 2000-01 fiscal year, the governing
board of a school district, the county superintendent of schools, or
the county board of education may increase, for teachers meeting the
requirements prescribed by this section, the salary on its adopted
certificated employee salary schedule as provided in subdivision (b).
For purposes of this section, a teacher for whom the governing
board, county superintendent of schools, or county board of education
may increase salaries shall meet all of the following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern certificate or credential, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid through the general fund of the district
or county office.
(b) The governing board, county superintendent of schools, or
county board of education that increases its salaries pursuant to
subdivision (a) shall perform the following computations:
(1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting the criteria in
subdivision (a) an amount that is at least an annual salary of
thirty-four thousand dollars ($34,000) in the 2000-01 fiscal year.
(2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any certificated employee meeting the
criteria in subdivision (a) whose salary on the salary schedule for
the 1999-2000 fiscal year was less than the amount computed in
paragraph (1) and, notwithstanding Section 45028, shall incorporate
that increase into the salary schedule commencing with the 2000-01
fiscal year.
(c) Each school district or county office of education that
increases its beginning teacher annual minimum salary to thirty-four
thousand dollars ($34,000) pursuant to subdivision (b) shall elect,
except as provided in subdivision (j), to receive reimbursement for
the cost of the increase pursuant to only one of the following two
options:
(1) Option One:
(A) In fiscal year 2000-01, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option One shall receive an amount equal to six
dollars ($6) times the district's or county office's second
principal apportionment average daily attendance for the 1999-2000
fiscal year, excluding attendance in adult education programs and
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(B) Divide the amount received from the state pursuant to
subparagraph (A) for the 2000-01 fiscal year by the school district
or county office of education second principal apportionment average
daily attendance for the 1999-2000 fiscal year, excluding attendance
in adult education programs and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8 of Division 4.
(C) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent shall sum the results of clauses
(i) and (ii) and add that figure to the total school district revenue
limit computed pursuant to Section 42238:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
pursuant to subdivision (b) of Section 42238.1 and multiply the
resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(D) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
pursuant to subdivision (a), the Superintendent shall add the sum of
clauses (i) and (ii) to the county office of education revenue limit
computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(E) The school district, county superintendent of schools, or
county office of education shall utilize these incentive funds not
only to meet the new beginning teacher annual minimum salary of
thirty-four thousand dollars ($34,000), but may also use the funds to
generally enhance teachers' salaries in order to achieve the goals
of retention of qualified, competent, and experienced teachers and
the attainment of a reasonable salary commensurate with a teacher's
experience, education, and responsibilities.
(2) Option Two: A school district, county superintendent of
schools, or county office of education may submit a request to the
Superintendent, on a form supplied by the Superintendent, for state
funding computed as follows:
(A) Total the salaries of all certificated employees receiving
increased salaries up to a maximum of thirty-four thousand dollars
($34,000) per person pursuant to subdivision (b) for the 2000-01
fiscal year.
(B) Total all salaries, based on the salary schedule for the
2000-01 fiscal year before the increase made pursuant to subdivision
(b), of all certificated employees receiving increased salaries
pursuant to subdivision (b).
(C) Subtract the amount in subparagraph (B) from the amount in
subparagraph (A).
(D) Multiply the amount in subparagraph (C) by the district's
statutory benefit rates.
(E) For the 2000-01 fiscal year, a school district, county
superintendent of schools, or county office of education that
increases salaries pursuant to paragraph (2) of subdivision (b) and
selects reimbursement Option Two shall receive the sum of
subparagraphs (C) and (D).
(F) Divide the sum of the amounts received pursuant to
subparagraphs (C) and (D) for the 2000-01 fiscal year by the school
district and county office of education average daily attendance for
the second principal apportionment for the 2000-01 fiscal year,
excluding attendance in adult education programs and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8 of
Division 4.
(G) For the 2001-02 fiscal year and each fiscal year thereafter,
for each school district that increases its salaries pursuant to
subdivision (a), the Superintendent shall sum the results of clauses
(i) and (ii) and add that figure to the total school district revenue
limit computed pursuant to Section 42238:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase pursuant to subdivision (b) of Section 42238.1 and multiply
the resulting product by the school district's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(H) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
subdivision (a), the Superintendent shall add the sum of clauses (i)
and (ii) to the county office of education revenue limit computed
pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year excluding attendance in regional occupational
centers/programs, adult education programs, and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8 of
Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year in regional occupational centers/programs excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8 of Division 4.
(3) For purposes of the calculation required by clause (ii) of
subparagraph (C) of paragraph (1), clause (ii) of subparagraph (D) of
paragraph (1), clause (ii) of subparagraph (G) of paragraph (2), and
clause (ii) of subparagraph (H) of paragraph (2), in the 2008-09,
2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, a school
district's and county office of education's second principal
apportionment average daily attendance for the current fiscal year
shall be the second principal apportionment average daily attendance
for the 2007-08 fiscal year.
(d) State funds received pursuant to this section and not used
pursuant to the conditions of this section shall be returned to the
state.
(e) If the funds requested by the school districts, the county
superintendents of schools, and the county offices of education for
the 2000-01 fiscal year exceed the state appropriation for this
section, the Superintendent shall reduce all requests by the
application of a single, common percentage factor for apportionment
purposes, so as not to exceed the amount appropriated for this
purpose.
(f) A school district or county office of education shall receive
reimbursement pursuant to subdivision (c) only. However, this section
does not prohibit a school district and its employees from
negotiating salary schedules.
(g) The adjustments to school district and county office of
education revenue limits prescribed in subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall continue so
long as the increase in the salary schedule made pursuant to
paragraph (2) of subdivision (b) or subdivision (i) is maintained.
(h) The Superintendent shall issue appropriate forms to school
districts and county offices of education no later than September 1,
2000. School districts, county superintendents of schools, or county
offices of education shall notify the Superintendent no later than
September 30, 2001, regarding which option they wish to exercise for
the 2000-01 fiscal year. School districts, county superintendents of
schools, or county offices of education shall file their claim form
for state funds with the Superintendent no later than September 30,
2001.
(i) Adjustments made to school district or county office of
education revenue limits pursuant to subparagraphs (C) and (D) of
paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of
paragraph (2) of subdivision (c), respectively, shall not be
considered part of the base revenue limit for the purpose of
computing equalization adjustments or determining other
wealth-related differences in school funding.
(j) Notwithstanding subdivision (c), a school district or county
office of education that already has as the annual minimum salary for
beginning teachers who meet the criteria in subdivision (a) an
amount equal to or greater than thirty-four thousand dollars
($34,000) shall be eligible to receive reimbursement pursuant to
Option One.
(k) This section shall become inoperative on July 1, 2010, and, as
of January 1, 2011, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2011, deletes or
extends the dates on which it becomes inoperative and is repealed.

45023.1. (a) Commencing with the 2000-01 fiscal year, the county
superintendent of schools or the county board of education may
increase, for teachers meeting the requirements prescribed by this
section, the salary on its adopted certificated employee salary
schedule as provided in subdivision (b). For purposes of this
section, a teacher for whom the county superintendent of schools or
county board of education may increase salaries shall meet all of the
following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern certificate or credential, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid through the general fund of the county
office.
(b) The county superintendent of schools or county board of
education that increases its salaries pursuant to subdivision (a)
shall perform the following computations:
(1) The county superintendent of schools or county board of
education shall designate as the lowest salary on the salary schedule
for a certificated employee meeting the criteria in subdivision (a)
an amount that is at least an annual salary of thirty-four thousand
dollars ($34,000) in the 2000-01 fiscal year.
(2) The county superintendent of schools or county board of
education shall increase to the annual salary amount in paragraph (1)
the salary of any certificated employee meeting the criteria in
subdivision (a) whose salary on the salary schedule for the 1999-2000
fiscal year was less than the amount computed in paragraph (1) and,
notwithstanding Section 45028, shall incorporate that increase into
the salary schedule commencing with the 2000-01 fiscal year.
(c) Each county office of education that increases its beginning
teacher annual minimum salary to thirty-four thousand dollars
($34,000) pursuant to subdivision (b) shall elect, except as provided
in subdivision (j), to receive reimbursement for the cost of the
increase pursuant to only one of the following two options:
(1) Option One:
(A) In fiscal year 2000-01, a county superintendent of schools or
county office of education that increases salaries pursuant to
paragraph (2) of subdivision (b) and selects reimbursement Option One
shall receive an amount equal to six dollars ($6) times the county
office's second principal apportionment average daily attendance for
the 1999-2000 fiscal year, excluding attendance in adult education
programs and charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8 of Division 4.
(B) Divide the amount received from the state pursuant to
subparagraph (A) for the 2000-01 fiscal year by the county office of
education's second principal apportionment average daily attendance
for the 1999-2000 fiscal year, excluding attendance in adult
education programs and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4.
(C) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
pursuant to subdivision (a), the Superintendent shall add the sum of
clauses (i) and (ii) to the county office of education revenue limit
computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year
excluding attendance in regional occupational centers/programs, adult
education programs, and charter schools participating in the charter
school block grant pursuant to Article 2 (commencing with Section
47633) of Chapter 6 of Part 26.8 of Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance specified in subparagraph (B) by the percentage increase
identified pursuant to Section 2557 and multiply the resulting
product by the county office of education's second principal
apportionment average daily attendance for the current fiscal year in
regional occupational centers/programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(D) The county superintendent of schools or county office of
education shall utilize these incentive funds not only to meet the
new beginning teacher annual minimum salary of thirty-four thousand
dollars ($34,000), but may also use the funds to generally enhance
teachers' salaries in order to achieve the goals of retention of
qualified, competent, and experienced teachers and the attainment of
a reasonable salary commensurate with a teacher's experience,
education, and responsibilities.
(2) Option Two: A county superintendent of schools or county
office of education may submit a request to the Superintendent, on a
form supplied by the Superintendent, for state funding computed as
follows:
(A) Total the salaries of all certificated employees receiving
increased salaries up to a maximum of thirty-four thousand dollars
($34,000) per person pursuant to subdivision (b) for the 2000-01
fiscal year.
(B) Total all salaries, based on the salary schedule for the
2000-01 fiscal year before the increase made pursuant to subdivision
(b), of all certificated employees receiving increased salaries
pursuant to subdivision (b).
(C) Subtract the amount in subparagraph (B) from the amount in
subparagraph (A).
(D) Multiply the amount in subparagraph (C) by the district's
statutory benefit rates.
(E) For the 2000-01 fiscal year, a county superintendent of
schools or county office of education that increases salaries
pursuant to paragraph (2) of subdivision (b) and selects
reimbursement Option Two shall receive the sum of subparagraphs (C)
and (D).
(F) Divide the sum of the amounts received pursuant to
subparagraphs (C) and (D) for the 2000-01 fiscal year by the county
office of education average daily attendance for the second principal
apportionment for the 2000-01 fiscal year, excluding attendance in
adult education programs and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8 of Division 4.
(G) For the 2001-02 fiscal year and each fiscal year thereafter,
for each county office of education that increases its salaries
pursuant to subdivision (a), the Superintendent shall add the sum of
clauses (i) and (ii) to the county office of education revenue limit
computed pursuant to Section 2550:
(i) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year excluding attendance in regional occupational
centers/programs, adult education programs, and charter schools
participating in the charter school block grant pursuant to Article 2
(commencing with Section 47633) of Chapter 6 of Part 26.8 of
Division 4.
(ii) Annually increase the funding rate per unit of average daily
attendance calculated pursuant to subparagraph (F) by the percentage
increase identified pursuant to Section 2557 and multiply the
resulting product by the county office of education's second
principal apportionment average daily attendance for the current
fiscal year in regional occupational centers/programs excluding
attendance in charter schools participating in the charter school
block grant pursuant to Article 2 (commencing with Section 47633) of
Chapter 6 of Part 26.8 of Division 4.
(3) For purposes of the calculation required by clause (ii) of
subparagraph (C) of paragraph (1) and clause (ii) of subparagraph (G)
of paragraph (2), in the 2008-09, 2009-10, 2010-11, 2011-12, and
2012-13 fiscal years, a county office of education's second principal
apportionment average daily attendance for the current fiscal year
shall be the second principal apportionment average daily attendance
for the 2007-08 fiscal year.
(d) State funds received pursuant to this section and not used
pursuant to the conditions of this section shall be returned to the
state.
(e) If the funds requested by the county superintendents of
schools and the county offices of education for the 2000-01 fiscal
year exceed the state appropriation for this section, the
Superintendent shall reduce all requests by the application of a
single, common percentage factor for apportionment purposes, so as
not to exceed the amount appropriated for this purpose.
(f) A county office of education shall receive reimbursement
pursuant to subdivision (c) only. However, this section does not
prohibit a school district and its employees from negotiating salary
schedules.
(g) The adjustments to county office of education revenue limits
prescribed in subparagraph (C) of paragraph (1) of subdivision (c)
and subparagraph (G) of paragraph (2) of subdivision (c) shall
continue so long as the increase in the salary schedule made pursuant
to paragraph (2) of subdivision (b) or subdivision (i) is
maintained.
(h) The Superintendent shall issue appropriate forms to county
offices of education no later than September 1, 2000. County
superintendents of schools or county offices of education shall
notify the Superintendent no later than September 30, 2001, regarding
which option they wish to exercise for the 2000-01 fiscal year.
County superintendents of schools or county offices of education
shall file their claim form for state funds with the Superintendent
no later than September 30, 2001.
(i) Adjustments made to county office of education revenue limits
pursuant to subparagraph (C) of paragraph (1) of subdivision (c) and
subparagraph (G) of paragraph (2) of subdivision (c) shall not be
considered part of the base revenue limit for the purpose of
computing equalization adjustments or determining other
wealth-related differences in school funding.
(j) Notwithstanding subdivision (c), a county office of education
that already has as the annual minimum salary for beginning teachers
who meet the criteria in subdivision (a) an amount equal to or
greater than thirty-four thousand dollars ($34,000) shall be eligible
to receive reimbursement pursuant to Option One.
(k) This section shall become operative on July 1, 2010.

45023.4. (a) This section shall be known, and may be cited, as the
Jack O'Connell Beginning-Teacher Salary Incentive Program. Commencing
in the 1999-2000 fiscal year the county superintendent of schools or
the county board of education may increase, for teachers who meet
the requirements of this subdivision, the salary on its adopted
certificated employee salary schedule as provided in subdivision (b).
For purposes of this section, a teacher for whom the county
superintendent of schools or county board of education may increase
salaries shall meet all of the following criteria:
(1) Hold a valid California teaching credential, not including an
emergency permit, intern permit, or waiver.
(2) Possess a baccalaureate or higher degree.
(3) Receive a salary paid from the general fund of the district or
county office.
(b) The county superintendent of schools or county board of
education that elects to increase teachers' salaries as authorized
pursuant to subdivision (a) shall perform the following computations:
(1) The county superintendent of schools or county board of
education shall designate as the lowest salary on the salary schedule
for a certificated employee meeting or exceeding the criteria in
subdivision (a) an amount equal to a minimum annual salary of
thirty-two thousand dollars ($32,000). If this salary change results
in costs to the county office of education that are equal to or
greater than the incentive received pursuant to subdivision (c), the
minimum salary shall be thirty-two thousand dollars ($32,000). If
this salary change results in costs to the county offices of
education that are less than the incentive received, the remainder
shall be used to increase the beginning salary by an amount above
thirty-two thousand dollars ($32,000) which fully applies the
incentive received.
(2) The county superintendent of schools or county board of
education shall increase to the annual salary amount in paragraph (1)
the salary of a certificated employee meeting the criteria in
subdivision (a) whose salary on the salary schedule is less than the
amount computed in paragraph (1) and, notwithstanding Section 45028,
shall incorporate that increase into the salary schedule.
(3) The newly adopted salary schedule shall contain only one cell
that meets the amount set forth in paragraph (1), which most often is
the first-year step of a salary schedule column for certificated
personnel who meet the criteria set forth in subdivision (a). All
other salary schedule cells shall exceed the level set forth in
paragraph (1) for personnel that meet the criteria in subdivision
(a).
(c) In the 1999-2000 fiscal year, the Superintendent shall divide
the amount appropriated for the purposes of this section by the
1998-99 second principal apportionment average daily attendance for
all county offices of education in the state. Each county office of
education that certifies to the Superintendent that it is in full
compliance with this section shall receive following that
certification an amount equal to the results of the calculation
multiplied by the participating county office's 1998-99 second
principal apportionment average daily attendance.
(d) For the 2000-01 fiscal year and each fiscal year thereafter,
for each county office of education that meets the requirements of
subdivision (b), the Superintendent shall add the sum of paragraphs
(1) and (2) to the county office of education revenue limit computed
pursuant to Section 2550.
(1) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year
excluding attendance in regional occupational centers or programs,
adult education programs, and charter schools participating in the
charter school block grant pursuant to Article 2 (commencing with
Section 47633) of Chapter 6 of Part 26.8 of Division 4.
(2) Annually increase the statewide average funding rate per unit
of average daily attendance calculated pursuant to subdivision (c) by
the percentage increase identified pursuant to Section 2557 and
multiply the resulting product by the county office of education's
second period average daily attendance for the prior fiscal year in
regional occupational centers or programs excluding attendance in
charter schools participating in the charter school block grant
pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of
Part 26.8 of Division 4.
(3) For purposes of the calculation required by paragraph (2), in
the 2008-09, 2009-10, 2010-11, 2011-12, and 2012-13 fiscal years, the
second period average daily attendance for the prior fiscal year
shall be the second period average daily attendance for the 2007-08
fiscal year.
(e) The adjustment to the county office of education revenue limit
prescribed in subdivision (d) shall continue so long as the increase
in the salary schedule made pursuant to paragraph (2) of subdivision
(b) is maintained.
(f) The adjustment made to county office of education revenue
limits pursuant to subdivision (d) shall not be considered part of
the base revenue limit for purposes of computing equalization
adjustments or determining other differences in school funding that
are based on the amount of funding received by a school district or
county office of education.
(g) This section shall become operative on July 1, 2010.

45023.5. If compensation is provided to certificated employees of
any elementary, high, or unified school district for a work
assignment which is not part of the contracted instructional day
duties, like compensation, whether paid on an hourly or monthly
basis, or on a flat rate basis or otherwise, shall be paid to all
certificated employees of the district who perform like work with
comparable responsibilities. Under no condition shall certificated
employees who are working comparable hours and responsibilities
beyond the instructional day be paid differently based on the
employee's sex. Nothing in this section shall be construed as
prohibiting a school district from establishing a salary schedule
based on experience for persons who are employed for such work.
Nothing in this section shall be construed as requiring a district to
compensate certificated employees for work assignments which are not
part of the contracted instructional day duties simply because other
employees of the district receive compensation for work assignments
which involve different types of service.

45024. Every person employed by the district in a position
requiring certification qualifications in a day school of the
district for not less than the minimum schoolday for each day the
schools of the district are maintained during the school year is a
full-time employee and his compensation shall be fixed accordingly.
Governing boards may require persons employed in positions requiring
certification qualifications to serve a longer period time in each
schoolday than the minimums defined in Sections 46112 to 46116,
inclusive, and 46141, in order to be compensated as full-time
employees, provided all such employees in similar grades or levels
are similarly required to serve such longer periods of time, and
provided that the duties required of such persons during such
extended time shall be directly related to and restricted to their
normal assignment. With respect to a unified school district, for the
purposes of this section all day kindergarten and elementary schools
of the unified school district shall be deemed to be maintained by
one district and all day high schools of the unified school district
shall be deemed to be maintained by a second and separate district.

45025. Any person employed by a district in a position requiring
certification qualifications who serves less than the minimum
schoolday as defined in Sections 46112 to 46116, inclusive, or 46141
may specifically contract to serve as a part-time employee. In fixing
the compensation of part-time employees, governing boards shall
provide an amount which bears the same ratio to the amount provided
full-time employees as the time actually served by such part-time
employees bears to the time actually served by full-time employees of
the same grade or assignment. This section shall not apply to any
person classified as a temporary employee under Sections 44919 and
44888, or any person employed as a part-time employee above and
beyond his employment as a full-time employee in the same school
district.

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 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 employees serve.
(2) In no case shall the governing board of a school district draw
orders for the salary of any teacher in violation of this section,
nor shall any superintendent 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.

45029. Teachers in an opportunity school or opportunity classes
shall be paid in the same manner as in other elementary schools of
the city, city and county, or the school district in which the
opportunity school or opportunity classes are situated.

45030. The governing board of any school district may employ such
substitute employees of the district as it deems necessary and shall
adopt and make public a salary schedule setting the daily or pay
period rate or rates for substitute employees.
This section shall not be construed as modifying or repealing any
law fixing a minimum annual salary for employees of district.

45031. The salaries of home teachers shall be paid from the city or
district special school funds.

45032. 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 be effective on any date ordered by the governing
board.

45033. The governing board of any school district shall not
decrease the annual salary of a person employed by the district in a
position requiring certification qualifications for failure to meet
any requirement of the district that such person complete additional
educational units, course of study, or work in any college or
university or any equivalent thereof.

45034. No order for a warrant, and no warrant drawn pursuant to
Section 42647, shall be drawn in favor of any person employed in a
position requiring certification qualifications, unless such person
is at the time the holder of a proper certification document in full
force for the full time for which the requisition or warrant, as the
case may be, is drawn, and on file or registered as required by law
at the time and unless he is employed by the governing board of the
unified school district, or district with over 10,000 average daily
attendance or by the county superintendent of schools as provided in
this code.

45035. If any school district fails to pay the salary of any person
employed by it in a position requiring certification qualifications
who has on file a contract of employment held valid by the legal
adviser of the county superintendent of schools having jurisdiction
over the district, such county superintendent of schools may transfer
sufficient money from the funds of the district to the county school
service fund and pay such salary from such fund.

45036. Whenever, on or after September 15, 1961, a person has
rendered service in a position requiring certification
qualifications, or the governing board of a district has employed a
person in a position requiring certification qualifications, or the
county superintendent has drawn an order for a warrant in favor of a
person in a position requiring certification qualifications, for a
period of service during which the person did not have a valid
credential required for such position in force as required by law,
and when as a result thereof the employment of the person to render
such service, the rendering of such service, the inclusion of the
attendance of pupils taught by the person in the average daily
attendance of the district, or the drawing of the order warrant for
the service of such person, is in violation of Section 46300, 44830,
45034 or any other provision of this code, such employment, rendering
of service, inclusion of attendance, or drawing of the order for the
warrant shall be deemed fully legal for all purposes if the
Commission for Teacher Preparation and Licensing approves thereof in
accordance with this section.
The Commission for Teacher Preparation and Licensing shall adopt
rules and regulations to establish procedures for a review in such
cases and shall determine whether the rendering of such service shall
be approved and made fully legal for all purposes. If the commission
gives its approval to the rendering of such service, then such
employment, inclusion of attendance, and drawing of the order for the
warrant shall be automatically approved and made fully legal for all
purposes.
The commission shall not approve of the rendering of such service
unless it determines that the person rendering the service had, in
fact, the necessary qualifications, during the period of service in
question, for the credential required by law for the position in
which the service was rendered, and unless a valid credential
required for such position has been issued to such person prior to
review and action by the commission.

45037. (a) Except as provided in Section 45036, for the fiscal year
2001-02 and for any fiscal year thereafter in which a person renders
service as a teacher in kindergarten or any of grades 1 to 12,
inclusive, who does not have a valid certification document, the
school district or county office of education in which the person is
employed shall be assessed a penalty that shall be in lieu of any
loss of funding that would otherwise result under Chapter 6.10
(commencing with Section 52120) of Part 28. The penalty shall be
calculated as provided in subdivision (b) and withheld from state
funding otherwise due to the district or county office of education.
(1) Notwithstanding Section 46300, the attendance of the
noncertificated person's pupils during the period of service shall be
included in the computation of average daily attendance.
(2) The noncertificated person's period of service shall not be
excluded from the determination of eligibility for incentive funding
for a longer instructional day or year, or both, pursuant to Article
8 (commencing with Section 46200) of Chapter 2 of Part 26.
(b) (1) For each person who rendered service in the employment of
the district or county office of education as a teacher in
kindergarten or any of grades 1 to 12, inclusive, during the fiscal
year, add the total number of schooldays on which the person rendered
any amount of the service.
(2) For each person who rendered service in the employment of the
district or county office of education as a teacher in kindergarten
or any of grades 1 to 12, inclusive, during the fiscal year, for a
period of service during which the person did not have a valid
certification document, add the number of schooldays on which the
person rendered any amount of the service without a valid
certification document.
(3) Divide the number determined in paragraph (2) by the number
determined in paragraph (1) and carry the result to four decimal
places.
(4) Multiply a school district's revenue limit entitlement for the
fiscal year, calculated pursuant to Section 42238, or it's funding
amount calculated pursuant to Article 4 (commencing with Section
42280) of Chapter 7 of Part 24, as applicable, or a county office of
education's funding for the fiscal year, for the program in which the
noncertificated person rendered service by the number determined in
paragraph (3).
(c) Beginning in 2002-03, if a county office of education releases
a warrant in favor of a person for whom a period of school district
service is included in the calculation set forth in paragraph (2) of
subdivision (b), and the warrant is either compensation for
employment as a teacher or for employment in some other capacity if
the county office of education has direct knowledge or is in
possession of information giving rise to a reasonable inference that
the person is rendering service as a teacher, the county office shall
be assessed a penalty. The penalty assessed to a county office for
any fiscal year in which one or more district teachers did not have a
valid certification document shall be equal to the lesser of three
amounts as follows:
(1) Fifty percent of all penalties assessed for that fiscal year
to all school districts in the county office's jurisdiction pursuant
to subdivision (b).
(2) One-half percent of the total expenditures for that fiscal
year from unrestricted resources, as defined in the California School
Accounting Manual, in the county office's county school service
fund, when two or fewer districts in the county office's jurisdiction
are subject to penalties pursuant to subdivision (b).
(3) One percent of the total expenditures for that fiscal year
from unrestricted resources, as defined in the California School
Accounting Manual, in the county office's county school service fund,
when three or more districts in the county office's jurisdiction are
subject to penalties pursuant to subdivision (b).
(d) Except as provided in Section 41344.1, nothing in this section
may be waived in whole or in part.

45038. (a) The governing board of a school district or charter
school may arrange to pay the persons in positions requiring
certification qualifications employed by it, or any one or more of
those employees or one or more groups or categories of those
employees, in either 10, 11, or 12 equal payments instead of by the
school month.
(b) In lieu of the arrangement in subdivision (a), orders for the
payment of salary, and payroll orders for the payment of salary and
warrants for the payment of salary of employees employed in positions
requiring certification qualifications may be drawn once each two
weeks, twice a month, or once each four weeks as determined by the
governing board.

45039. If the governing board of a school district or charter
school arranges to pay persons employed by it in 12 equal payments
for the year, it may pay each monthly installment at the end of each
calendar month, whether or not the persons are actually engaged in
teaching during the month.

45040. (a) The governing board of a school district or charter
school not paying the annual salaries of persons employed by the
district or charter school in 12 equal monthly payments may withhold
from each payment made to each employee an amount equal to 16 2/3
percent thereof.
(b) The total of the amounts deducted from the salary of an
employee during a school year shall be paid to him or her in two
equal installments, one installment to be paid not later than the
fifth day of August next succeeding, and one installment to be paid
not later than the fifth day of September next succeeding.
(c) If an employee leaves the service of the district or charter
school by death or otherwise before receiving the moneys that may be
due him or her, the amount due him or her shall be paid within 30
days to him or her or to any other person entitled to those moneys by
law.

45041. A person in a position requiring certification
qualifications who serves less than a full school year shall receive
as salary only an amount that bears the same ratio to the established
annual salary for the position as the number of working days he
serves bears to the total number of working days plus institutes in
the annual school term, and any other day when the employee is
required by the governing board to be present at the schools of the
district. Notwithstanding any provisions of this section to the
contrary, a person in a position requiring certification
qualifications who serves a complete semester shall receive not less
than one-half of the established annual salary for the position. This
section shall not be so construed as to prevent the payment of
compensation to a person while on leave of absence when the payment
of the compensation is authorized by law.
In the event any such person dies during the school year, his
estate shall be entitled to receive, as salary owed to the decedent,
an amount that bears the same ratio to the established annual salary
for the position as the number of working days he served bears to the
total number of working days plus institutes in the annual school
term, and any other day when the employee was required by the
governing board to be present at the schools of the district, less
any salary paid to the decedent prior to his death.

45042. Notwithstanding the provisions of Section 45041, the
governing board of a school district may adopt an alternative method
of computing the salary received by a person requiring certification
qualifications who serves less than a full school year.
Such method shall include the deduction from the employee's
regular salary of only that amount actually paid to a substitute or,
if a substitute is not employed, the amount which would have been
paid to a substitute had a substitute been employed.
For the purposes of this section, the amount which would have been
paid to a substitute is that amount established by the district in a
published salary schedule for substitute employees.
Such alternative method shall only be applied upon authorization
by the school board based upon individual employee application and
shall be limited to no more than five days per school year for each
employee.

45043. Notwithstanding the provisions of Section 45041 or any other
provision of law to the contrary, if a person is employed by a
school district in a position requiring certification qualifications
at the beginning of the second semester of a school year for services
during that semester, the compensation of such employee shall be not
less than one-half of the annual compensation for that position.

45044. Whenever a salary schedule increasing the salaries of its
certificated employees is adopted by a school district to be
effective at the commencement of the second semester of a school
year:
(a) The compensation of such employees shall not exceed one-half
of the annual compensation for their positions under the former
salary schedule for services during the first semester.
(b) The compensation of such employees shall not be less than
one-half of the annual compensation for their positions under the
newly adopted salary schedule for services during the second
semester.
This section shall not be construed to limit the time at which any
salary increase ordered by the governing board shall become
effective.

45045. When a school district operates on a year-round schedule
pursuant to Chapter 5 (commencing with Section 37600) of Part 22 of
this division, the salary of an employee who is employed for the
extended school year and who previously had been assigned to a 9- or
10-month teaching position in the same district shall be adjusted in
accordance with the ratio of the extension in the number of days
expected to be taught by said employee to the number of days expected
to be taught by employees in the district in the school year prior
to the commencement of year-round operation.
A full-time probationary or permanent classroom teacher currently
employed by a school district which converts to a continuous school
program shall not, without his written consent, be required to teach
under such program more than 180 days during a school year, or more
than the number of days the schools of the district were maintained
during the year preceding implementation of the continuous school
program, whichever is the greater. This section shall not be
construed as limiting the power of school district governing boards
to govern the schools of the district, including the assignment of
teachers employed by the district.

45046. Except as otherwise provided in Section 45045, the governing
board of a school district in which a continuous school program is
in operation pursuant to Chapter 5 (commencing with Section 37600) of
Part 22 of this division, but in fewer than all of the schools in
the district or with fewer than all of the certificated employees
participating therein, and in which revised salary schedules become
effective on a date other than July 1, may adjust the salaries of
certificated employees participating in the continuous school program
so that the total amount payable to each such employee in a school
year does not differ from the salary which would be payable to him
over such a period if he were not participating in the program.

45047. Service on a commission on professional competence pursuant
to Section 44944, in the employing school district or in some other
district, by a person employed by a district in a position requiring
certification qualifications shall not be considered time off job
with respect to Section 45041. Neither the amount paid to a
substitute required to be hired to replace such a person serving on a
commission on professional competence pursuant to Section 44945 in
the employing school district or in some other district nor the
amount which would have been paid to a substitute had a substitute
been employed, shall be deducted from the person's salary pursuant to
Section 45042.

45048. (a) Each salary payment for any calendar month may be made
on the last working day of the month and shall be paid not earlier
than the last working day of the month and not later than the fifth
day of the succeeding calendar month except that teachers employed
for less than full time in classes for adults, in a day or evening
high school, or in a special day or evening class maintained in
connection with an elementary school shall be paid on or before the
10th day of the succeeding calendar month for services performed
during the preceding calendar month.
(b) If the school district provides for the payment of the salary
of employees employed in positions requiring certification
qualifications once each two weeks, twice a month, or once each four
weeks, pursuant to Section 45038, each salary payment may be made on
the last working day of the regular payroll period and shall be made
not earlier than the last working day of the regular payroll period
and not later than the eighth working day of the following regular
payroll period.
(c) If a salary payment is not made timely as required by this
section, the amount of the salary payment due shall be increased by
an amount of interest on the unpaid amount for each day of delay.
(d) A certificated employee of a school district who qualifies for
a salary increase shall be paid the increased salary not later than
three regular pay periods or three months, whichever is longer, after
the employee files proper documentation where required for the
salary increase. The district shall additionally pay the employee
daily interest on the amount owed to the employee calculated from the
date that the employee was entitled to the salary increase if the
school district does not pay the employee his or her salary increase
within three regular pay periods or three months, whichever period is
longer, after the employee files proper documentation where required
for the salary increase. All amounts due the employee resulting from
the salary increase and not paid to the employee at the time that
the employee actually receives the salary increase shall be paid to
the employee within 20 business days of the date that the employee
actually received the salary increase. The district shall
additionally pay the employee daily interest on the amount owed to
the employee calculated from the date that the employee was entitled
to the salary increase if the district does not pay the employee all
amounts due the employee resulting from the salary increase within 20
business days following the date that the employee actually received
the salary increase.
(e) The amount of interest required by subdivisions (c) and (d)
shall be determined by the method established in Section 19521 of the
Revenue and Taxation Code.
(f) This section shall not prohibit a school district from making
a payment of earned salary before the last working day of the month
or regular payroll period.

45049. (a) When any school district employs a certificated employee
to perform teaching or other services in addition to his or her
regular teaching duties, or when a school district employs a
certificated employee to perform teaching or other services at a
summer school maintained by the district, the district shall pay the
employee for the services either in one lump sum or at an hourly,
daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is
in one lump sum, the district shall pay the employee within 10 days
after the termination of the services. If the pay is at an hourly,
daily, biweekly, quadriweekly or monthly rate, the district shall pay
the employee within 10 days after the end of each calendar month or
regular pay period during which the services are performed.
(b) If a salary payment is not made timely as required by this
section, the amount of the salary payment due shall be increased by
an amount of interest on the unpaid amount for each day of delay.
(c) A certificated employee of a school district who qualifies for
a salary increase shall be paid the increased salary not later than
three regular pay periods or three months, whichever is longer, after
the employee files proper documentation where required for the
salary increase. The district shall additionally pay the employee
daily interest on the amount owed to the employee calculated from the
date that the employee was entitled to the salary increase if the
school district does not pay the employee his or her salary increase
within three regular pay periods or three months, whichever is
longer, after the employee files proper documentation where required
for the salary increase. All amounts due the employee resulting from
the salary increase and not paid to the employee at the time that the
employee actually receives the salary increase shall be paid to the
employee within 20 business days of the date that the employee
actually received the salary increase. The district shall
additionally pay the employee daily interest on the amount owed to
the employee calculated from the date that the employee was entitled
to the salary increase if the district does not pay the employee all
amounts due the employee resulting from the salary increase within 20
business days following the date that the employee actually received
the salary increase.
(d) The amount of interest required by subdivisions (b) and (c)
shall be determined by the method established in Section 19521 of the
Revenue and Taxation Code.

45050. Instead of issuing a single warrant to each employee for
salary or wages the district may use a payroll form of warrant making
payment to two or more employees on one payroll warrant.

45051. When the payroll form of warrant is used, the approved and
allowed payroll warrant shall be deposited with the county treasurer,
who shall make payment to the employee or his order.

45052. When the payroll form of warrant is used the name of each
employee shall be listed.

45055. Except as otherwise provided in this code, no warrant shall
be drawn in favor of any teacher, unless the officer whose duty it is
to draw the warrant is satisfied that the teacher has faithfully
performed all the duties prescribed.

45056. Whenever a person is employed by two or more districts under
the jurisdiction of a single county superintendent of schools, the
governing boards of the districts may authorize, in writing, the
county superintendent of schools to act as their agent in the payment
of the salaries due such person from the districts. If such
authorization is given, the county superintendent of schools may draw
a warrant on the county school service fund in payment of the total
salaries due such person and shall immediately draw requisitions in
favor of the county school service fund against the proper funds of
each district for the amount paid by him to such person on account of
such district.

45057. The salary payment due a certificated employee for his last
month of service in any district during any fiscal year shall not be
approved by the county superintendent of schools until all reports
required from the employee have been filed with the superintendent.
Such payment shall be made within 10 calendar days after the filing
of all such reports if after the regular payday or the last month of
service.

45058. Whenever reports are required to be filed with the county
superintendent of schools by certificated employees of districts
authorized to issue warrants under the provision of Section 42647 and
such reports have not been filed, the county superintendent of
schools may direct the district in writing to withhold the salary
payment due the certificated employee involved. Said payment should
not be released to the certificated employee until directed in
writing by the county superintendent of schools.

45059. For the purposes of Military and Veterans Code Section 395
or any other provision of law providing for the payment of salary or
compensation as such employee to an employee of a school district
while absent from duty because engaged in ordered military or naval
duty, his salary or compensation as such employee for 30 days shall
(a) with respect to an employee serving in a position requiring
certification qualifications be deemed to be one-tenth of the annual
salary established for such position and (b) with respect to an
employee serving in a position not requiring certification
qualifications be deemed to be one month's salary.

45060. Except as provided in Section 45061, the governing board of
each school district, when drawing an order for the salary payment
due to a certificated 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 the
purpose of paying the dues of the employee for membership in any
local professional organization or in any statewide professional
organization, or in any other professional organization affiliated or
otherwise connected with a statewide professional organization which
authorizes the statewide organization to receive membership dues on
its behalf and for the purpose of paying his or her pro rata share of
the costs incurred by the district in making the deduction. No
charge shall exceed the actual cost to the district of the dues
deduction. Any revocation of a written authorization shall be in
writing and shall be effective commencing with the next pay period.
Unless otherwise provided in an agreement negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, the governing board shall, no later than the
10th day of each pay period for certificated employees, draw its
order upon the funds of the district in favor of the organization
designated by the employee for an amount equal to the total of the
dues deductions made with respect to that organization for the
previous pay period and shall transmit the total amount to that
organization no later than the 15th day of each pay period for
certificated employees. When timely transmittal of dues payments by a
county is necessary for a school district to comply with the
provisions of this section, the county shall act in a timely manner.
If the employees of a district do not authorize the board to make a
deduction to pay their pro rata share of the costs of making
deductions for the payment of dues, the board shall deduct from the
amount transmitted to the organization on whose account the dues
payments were deducted the actual costs of making the deduction.
The revocable written authorization shall remain in effect until
expressly revoked in writing by the employee. Whenever there is a
change in the amount required for the payment to the organization,
the employee organization shall provide the employee with adequate
and necessary data on the change at a time sufficiently prior to the
effective date of the change to allow the employee an opportunity to
revoke the written authorization, if desired. The employee
organization shall provide the public school employer with
notification of the change at a time sufficiently prior to the
effective date of the change to allow the employer an opportunity to
make the necessary adjustments and with a copy of