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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2100Introduced by Assembly Member TaFebruary 05, 2024 An act to amend Section 45038 of, and to add Section 45038.5 to, the Education Code, relating to school employees.LEGISLATIVE COUNSEL'S DIGESTAB 2100, as introduced, Ta. School districts: payment of teachers in 10, 11, or 12 equal payments.Existing law authorizes the governing board of a school district or charter school to arrange to pay certificated employees in either 10, 11, or 12 equal payments instead of by the school month, as specified. 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, existing law authorizes a governing board of a school district or charter school to pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during that month.This bill would require the governing board of a school district to offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments. The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before January 1, 2025, by a school district and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 45038 of the Education Code is amended to read:45038. (a) The Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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 Except as provided pursuant to Section 45038.5, 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.SEC. 2. Section 45038.5 is added to the Education Code, to read:45038.5. (a) The governing board of a school district shall offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments.(b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district and an exclusive bargaining representative before January 1, 2025, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, subdivision (a) shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(c) For purposes of this section, teacher means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. Teacher includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2100Introduced by Assembly Member TaFebruary 05, 2024 An act to amend Section 45038 of, and to add Section 45038.5 to, the Education Code, relating to school employees.LEGISLATIVE COUNSEL'S DIGESTAB 2100, as introduced, Ta. School districts: payment of teachers in 10, 11, or 12 equal payments.Existing law authorizes the governing board of a school district or charter school to arrange to pay certificated employees in either 10, 11, or 12 equal payments instead of by the school month, as specified. 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, existing law authorizes a governing board of a school district or charter school to pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during that month.This bill would require the governing board of a school district to offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments. The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before January 1, 2025, by a school district and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
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| 5 | - | Amended IN Assembly March 06, 2024 | |
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| 7 | - | Amended IN Assembly March 06, 2024 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2100 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member TaFebruary 05, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Ta | |
| 18 | 18 | February 05, 2024 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 45038 of, and to add Section 45038.5 to, the Education Code, relating to school employees. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2100, as | |
| 26 | + | AB 2100, as introduced, Ta. School districts: payment of teachers in 10, 11, or 12 equal payments. | |
| 27 | 27 | ||
| 28 | - | Existing law authorizes the governing board of a school district or charter school to arrange to pay certificated employees in either 10, 11, or 12 equal payments instead of by the school month, as specified. 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, existing law authorizes a governing board of a school district or charter school to pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during that month.This bill would require the governing board of a school district | |
| 28 | + | Existing law authorizes the governing board of a school district or charter school to arrange to pay certificated employees in either 10, 11, or 12 equal payments instead of by the school month, as specified. 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, existing law authorizes a governing board of a school district or charter school to pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during that month.This bill would require the governing board of a school district to offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments. The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before January 1, 2025, by a school district and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement. | |
| 29 | 29 | ||
| 30 | 30 | Existing law authorizes the governing board of a school district or charter school to arrange to pay certificated employees in either 10, 11, or 12 equal payments instead of by the school month, as specified. 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, existing law authorizes a governing board of a school district or charter school to pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during that month. | |
| 31 | 31 | ||
| 32 | - | This bill would require the governing board of a school district | |
| 32 | + | This bill would require the governing board of a school district to offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments. The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before January 1, 2025, by a school district and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 45038 of the Education Code is amended to read:45038. (a) Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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) Except as provided pursuant to Section 45038.5, 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.SEC. 2. Section 45038.5 is added to the Education Code, to read:45038.5. (a) The governing board of a school district | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 45038 of the Education Code is amended to read:45038. (a) The Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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 Except as provided pursuant to Section 45038.5, 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.SEC. 2. Section 45038.5 is added to the Education Code, to read:45038.5. (a) The governing board of a school district shall offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments.(b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district and an exclusive bargaining representative before January 1, 2025, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, subdivision (a) shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(c) For purposes of this section, teacher means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. Teacher includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. | |
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| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Section 45038 of the Education Code is amended to read:45038. (a) Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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) Except as provided pursuant to Section 45038.5, 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. | |
| 44 | + | SECTION 1. Section 45038 of the Education Code is amended to read:45038. (a) The Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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 Except as provided pursuant to Section 45038.5, 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. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Section 45038 of the Education Code is amended to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | 45038. (a) Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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) Except as provided pursuant to Section 45038.5, 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. | |
| 50 | + | 45038. (a) The Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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 Except as provided pursuant to Section 45038.5, 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. | |
| 51 | 51 | ||
| 52 | - | 45038. (a) Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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) Except as provided pursuant to Section 45038.5, 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. | |
| 52 | + | 45038. (a) The Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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 Except as provided pursuant to Section 45038.5, 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. | |
| 53 | 53 | ||
| 54 | - | 45038. (a) Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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) Except as provided pursuant to Section 45038.5, 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. | |
| 54 | + | 45038. (a) The Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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 Except as provided pursuant to Section 45038.5, 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. | |
| 55 | 55 | ||
| 56 | 56 | ||
| 57 | 57 | ||
| 58 | - | 45038. (a) Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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. | |
| 58 | + | 45038. (a) The Except as provided pursuant to Section 45038.5, the governing board of a school district or the governing body of a 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. | |
| 59 | 59 | ||
| 60 | - | (b) Except as provided pursuant to Section 45038.5, 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. | |
| 60 | + | (b) In Except as provided pursuant to Section 45038.5, 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. | |
| 61 | 61 | ||
| 62 | - | SEC. 2. Section 45038.5 is added to the Education Code, to read:45038.5. (a) The governing board of a school district | |
| 62 | + | SEC. 2. Section 45038.5 is added to the Education Code, to read:45038.5. (a) The governing board of a school district shall offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments.(b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district and an exclusive bargaining representative before January 1, 2025, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, subdivision (a) shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(c) For purposes of this section, teacher means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. Teacher includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. | |
| 63 | 63 | ||
| 64 | 64 | SEC. 2. Section 45038.5 is added to the Education Code, to read: | |
| 65 | 65 | ||
| 66 | 66 | ### SEC. 2. | |
| 67 | 67 | ||
| 68 | - | 45038.5. (a) The governing board of a school district | |
| 68 | + | 45038.5. (a) The governing board of a school district shall offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments.(b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district and an exclusive bargaining representative before January 1, 2025, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, subdivision (a) shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(c) For purposes of this section, teacher means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. Teacher includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. | |
| 69 | 69 | ||
| 70 | - | 45038.5. (a) The governing board of a school district | |
| 70 | + | 45038.5. (a) The governing board of a school district shall offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments.(b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district and an exclusive bargaining representative before January 1, 2025, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, subdivision (a) shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(c) For purposes of this section, teacher means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. Teacher includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. | |
| 71 | 71 | ||
| 72 | - | 45038.5. (a) The governing board of a school district | |
| 72 | + | 45038.5. (a) The governing board of a school district shall offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments.(b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district and an exclusive bargaining representative before January 1, 2025, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, subdivision (a) shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(c) For purposes of this section, teacher means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. Teacher includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. | |
| 73 | 73 | ||
| 74 | 74 | ||
| 75 | 75 | ||
| 76 | - | 45038.5. (a) The governing board of a school district | |
| 76 | + | 45038.5. (a) The governing board of a school district shall offer to pay a teacher employed by the school district in 10, 11, or 12 equal payments. | |
| 77 | 77 | ||
| 78 | - | (b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district | |
| 78 | + | (b) To the extent that subdivision (a) conflicts with a provision of a collective bargaining agreement entered into by a school district and an exclusive bargaining representative before January 1, 2025, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, subdivision (a) shall not apply to the school district until the expiration or renewal of that collective bargaining agreement. | |
| 79 | 79 | ||
| 80 | - | (c) For purposes of this section, teacher means an employee of a school district | |
| 80 | + | (c) For purposes of this section, teacher means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. Teacher includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. |