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AB-286 Teachers: compensation: career technical education teachers.(2011-2012)

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Amended  IN  Senate  June 18, 2012
Amended  IN  Senate  August 30, 2011
Amended  IN  Assembly  April 27, 2011
Amended  IN  Assembly  March 25, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 286


Introduced  by  Assembly Member Bill Berryhill

February 08, 2011


An act to add Section 14528 to the Government amend Section 45028 of the Education Code, relating to streets and highways teachers.


LEGISLATIVE COUNSEL'S DIGEST


AB 286, as amended, Bill Berryhill. State highways: Routes 108 and 120. Teachers: compensation: career technical education teachers.
Existing law requires 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, to be classified on the salary schedule on the basis of uniform allowance for years of training and years of experience, except as specified.
This bill would, for a teacher who holds a 5-year clear designated subjects career technical education teaching credential, require that the 3 years of work experience, as specified, be deemed to be the equivalent of a baccalaureate degree, and would require that the holder of a 5-year clear designated subjects career technical education teaching credential be placed on and advance along the salary schedule of the school district in the same manner as a teacher with a baccalaureate degree.

Existing law provides that the Department of Transportation has full possession and control of the state highway system and associated property. Existing law generally provides for the department to dispose of property acquired by the state for highway purposes if the property is no longer needed for those purposes upon terms, standards, and conditions established by the California Transportation Commission. However, existing law, with respect to excess properties acquired for specified highway routes, requires the commission to allocate net proceeds from the sale of those properties to alternative transportation projects.

This bill would, on and after July 1, 2013, require the proceeds from the sale of excess properties acquired by the department for improvements to State Highway Route 120, less any reimbursements due to the federal government and all costs incurred in the sale of those excess properties, to be used for improvements to State Highway Route 108 in Stanislaus County, the North County Corridor. The bill would require the department to deposit the sale proceeds in a special account in the Special Deposit Fund and would require that interest earnings from funds in that special account accrue to the account. The bill would require the commission to program the funds in the special account to any phase of the North County Corridor and, upon appropriation by the Legislature, would authorize the commission to allocate the funds to the Stanislaus Council of Governments or any agency designated by that entity to deliver the North County Corridor.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 45028 of the Education Code is amended to read:

45028.
 (a) (1) Effective July 1, 1970, each a 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 Division 4 of Title 1 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 a teacher in violation of this section, nor shall any a superintendent of schools draw any a requisition for the salary of any a teacher in violation thereof of this section.
(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, or substitute teachers.
(4) For a teacher who holds a five-year clear designated subjects career technical education teaching credential pursuant to Section 44260.1, the three years of work experience related to the industry sector named on the credential pursuant to subdivision (a) of Section 44260 shall be deemed to be the equivalent of a baccalaureate degree, and the holder of a five-year clear designated subjects career technical education teaching credential shall be placed on and advance along the salary schedule of the school district in the same manner as a teacher with a baccalaureate degree.
(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 an 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 school district.
(2) This subdivision is declaratory of existing law.
(c) A public school employer and the exclusive representative of credentialed teachers may jointly apply jointly 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.

SECTION 1.Section 14528 is added to the Government Code, to read:
14528.

On and after July 1, 2013, the proceeds from the sale of excess properties acquired by the department for improvements to State Highway Route 120, less any reimbursements due to the federal government and all costs incurred in the sale of those excess properties, shall be used for improvements to State Highway Route 108 in Stanislaus County, the North County Corridor. The department shall deposit the sale proceeds in a special account, which is hereby created, in the Special Deposit Fund pursuant to Article 2 (commencing with Section 16370) of Chapter 2 of Part 2 of Division 4. Interest earnings from funds in that special account shall accrue to the account. The commission shall program the funds in the special account to any phase of the North County Corridor. Upon appropriation by the Legislature, the commission may allocate the funds to the Stanislaus Council of Governments (StanCOG) or any agency designated by StanCOG to deliver the North County Corridor. Notwithstanding Section 16370, the funds in the special account are not continuously appropriated.