Today's Law As Amended


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SB-345 Charter schools.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 45038 of the Education Code is amended to read:

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.

SEC. 2.

 Section 45039 of the Education Code is amended to read:

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.

SEC. 3.

 Section 45040 of the Education Code is amended to read:

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 162/3 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.

SEC. 4.

 Section 47612.7 is added to the Education Code, to read:

47612.7.
 Notwithstanding Section 47612.5 or any other provision of law, the Center for Advanced Research and Technology operating pursuant to a joint powers agreement between the Clovis Unified School District and the Fresno Unified School District is eligible to receive general-purpose funding, as calculated pursuant to Section 47633, for the 2007–08 fiscal year for a total average daily attendance not to exceed the center’s average daily attendance as determined at the second principal apportionment for the 2006–07 fiscal year.

SEC. 5.

 Section 49110 of the Education Code is amended to read:

49110.
 (a) It is the intent of the Legislature that school district, charter school, and private district and charter  school personnel responsible for issuing work permits to pupils have a working knowledge of California labor laws as they relate to minors and be trained to provide the  pupils with  practical personal guidance in career education.
(b) Any of the following individuals may issue a work permit to a minor subject to the requirements and conditions of this chapter:
(1) The superintendent of a school district in which the minor resides.
(2) The chief executive officer, or the equivalent position, of a charter school that the minor attends.
(3) A person holding a services credential with a specialization in pupil personnel services authorized by the superintendent of the school district or chief executive officer in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent of the school district or chief executive officer in writing.
(4) (b)  The superintendent of any school district in which any minor resides, the chief executive officer, or the equivalent position, of a charter school that a minor attends, a person holding a services credential with a specialization in pupil personnel services authorized by the superintendent or chief executive officer in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent or chief executive officer in writing, may issue work permits to certain minors.  If the minor resides in a portion of a county not under the jurisdiction of the superintendent of a school district and does not attend a charter school, the work permit shall be issued by the  county superintendent of schools, by  a person holding a services credential with a specialization in pupil personnel services authorized by the county superintendent of schools  in writing, or a certificated work experience education teacher or coordinator authorized by the county superintendent of schools in writing may issue a work permit. in writing. 
(5) Subject to the requirements and conditions in subparagraphs (A) to (C), inclusive, the principal of a public or private school may issue, or designate another administrator in the school to issue, work permits to pupils who attend the school. If the principal of a public or private school chooses not to issue work permits pursuant to this paragraph, work permits may be issued to pupils attending that school pursuant to paragraph (1), (3), or (4) or Section 49110.1.
(A) A principal who issues a work permit pursuant to this paragraph shall provide a self-certification that he or she understands the requirements in existing law for issuing a work permit. The principal shall submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located.
(B) The superintendent of a school district may revoke a work permit issued by the principal of a public or private school located within the district if the superintendent becomes aware of any grounds upon which the pupil may be deemed ineligible for a work permit under existing law.
(C) An individual with authority to issue a work permit pursuant to this subdivision shall not issue a work permit to his or her own child.
(c) A work permit shall not be issued until the written request for the permit  therefor  from the parent, guardian, foster parent, caregiver with whom the minor resides, or residential shelter services provider, has been filed with the issuing authority. “Residential shelter services” refers to residential and other support services provided to minors by a governmental agency, a person or agency under contract with a governmental agency to provide these services, an agency receiving funding from community funds, or a licensed community care facility or crisis resolution center on a temporary or emergency basis in a facility that services only minors.
(d) If the certificated person designated to issue work permits by the superintendent of a school district or the chief executive officer, or the equivalent position, of a charter school is not available, and delay in issuing a permit would jeopardize the ability of a pupil to secure work, another person authorized by the superintendent of the  school district superintendent  or the chief executive officer, or the equivalent position, of a charter school may issue the work permit.
(e) If a school district or charter school does not employ or contract with a person holding a services credential with a specialization in pupil personnel services or with a certificated work experience education teacher or coordinator, the superintendent of the  school district superintendent  or the chief executive officer, or the equivalent position, of a charter school may authorize, in writing, a person who does not hold that credential to issue work permits during periods of time in which the superintendent is absent from the district or the chief executive officer is absent from the charter school.
(f) Notwithstanding the hour limitations imposed by this chapter or any other provision of law, the hour limitations that apply to a work permit issued by any of the individuals described in subdivision (b) shall be based on the school calendar of the school the pupil attends.

SEC. 5.5.

 Section 49110 of the Education Code is amended to read:

49110.
 (a) It is the intent of the Legislature that school district, charter school, and private school personnel  An individual  responsible for issuing work permits to pupils pursuant to this section shall  have a working knowledge of California labor laws as they relate to minors and be trained to provide pupils with practical personal guidance in career education. of education laws related to work permits. 
(b) Any of the following individuals  A certificated employee of a school district who is authorized in writing by the superintendent of the school district in which the employee works  may issue a work  permit to work to  a minor subject to the requirements and conditions of this chapter: enrolled in the school. A principal authorized by the superintendent of the school district may in turn designate certificated employees at the schoolsite to issue work permits. 
(1) The superintendent of a school district in which the minor resides.
(2) (c)  The chief executive officer, or the equivalent position, of a charter school that the minor attends. school, or his or her designee, may issue a permit to work to a minor attending that charter school. 
(3) A person holding a services credential with a specialization in pupil personnel services authorized by the superintendent of the school district or chief executive officer in writing, or a certificated work experience education teacher or coordinator authorized by the superintendent of the school district or chief executive officer in writing.
(4) If the minor resides in a portion of a county not under the jurisdiction of the superintendent of a school district and does not attend a charter school, the county superintendent of schools, a person holding a services credential with a specialization in pupil personnel services authorized by the county superintendent of schools in writing, or a certificated work experience education teacher or coordinator authorized by the county superintendent of schools in writing may issue a work permit.
(5) Subject to the requirements and conditions in subparagraphs (A) to (C), inclusive, the principal of a public or private school may issue, or designate another administrator in the school to issue, work permits to pupils who attend the school. If the principal of a public or private school chooses not to issue work permits pursuant to this paragraph, work permits may be issued to pupils attending that school pursuant to paragraph (1), (3), or (4) or Section 49110.1.
(A) A principal who issues a work permit pursuant to this paragraph shall provide a self-certification that he or she understands the requirements in existing law for issuing a work permit. The principal shall submit a copy of each work permit he or she issues along with a copy of the application for each work permit to the superintendent of the school district in which the school is located.
(B) The superintendent of a school district may revoke a work permit issued by the principal of a public or private school located within the district if the superintendent becomes aware of any grounds upon which the pupil may be deemed ineligible for a work permit under existing law.
(C) An individual with authority to issue a work permit pursuant to this subdivision shall not issue a work permit to his or her own child.
(c) (d)  A work  permit to work  shall not be issued until the written request for the permit  therefor  from the parent, guardian, foster parent, caregiver with whom the minor resides, or residential shelter services provider, has been filed with the issuing authority. “Residential shelter services” refers to residential and other support services provided to minors by a governmental agency, a person or agency under contract with a governmental agency to provide these services, an agency receiving funding from community funds, or a licensed community care facility or crisis resolution center on a temporary or emergency basis in a facility that services only minors.
(d) (e)  If the certificated person designated to issue work permits  employee designated  by the superintendent of a school district or the chief executive officer, or the equivalent position, of a charter school  the school district to issue work permits  is not available, and delay in issuing a permit would jeopardize the ability of a pupil to secure work, another person  certificated employee  authorized by the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school  may issue the work permit.
(f) A permit to work shall not be issued to a pupil by a person who may request a work permit for that pupil pursuant to subdivision (d).
(e) (g)  If a school district or charter school does not employ or contract with a person holding a services credential with a specialization in pupil personnel services or with a certificated work experience education teacher or coordinator, the superintendent of the school district or the chief executive officer, or the equivalent position, of a charter school may authorize, in writing, a person The county superintendent of schools or his or her designee may issue a work permit to a pupil  who does not hold that credential to issue work permits during periods of time in which the superintendent is absent from the district or the chief executive officer is absent from the charter school. attend a school that has a person authorized to issue a work permit to that pupil, provided that the person issuing the work permit complies with Section 49110.2 in reviewing the academic and attendance records of the pupil prior to issuing a work permit. It is the intent of the Legislature in granting the authority pursuant to this subdivision to ensure that all pupils have a designated individual to whom they may apply to receive a work permit. 
(f) Notwithstanding the hour limitations imposed by this chapter or any other provision of law, the hour limitations that apply to a work permit issued by any of the individuals described in subdivision (b) shall be based on the school calendar of the school the pupil attends.
SEC. 6.
 Section 5.5 of this bill shall only become operative if (1) this bill and SB 406 are both enacted and become effective on or before January 1, 2008, (2) each bill amends Section 49110 of the Education Code, and (3) this bill is enacted after SB 406, in which case Section 5 of this bill shall not become operative. Except for subdivision (c) of Section 49110 of the Education Code, as added by Section 5.5 of this bill, the changes made by Section 5.5, if applicable, shall be implemented commencing at the beginning of the 2008–09 school year.
SEC. 7.
 Due to the unique circumstances concerning the Center for Advanced Research and Technology, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution.
SEC. 8.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that charter schools that are established and operated pursuant to joint powers agreements are eligible to receive classroom-based instruction apportionments based on average daily attendance for the 2002–03 to 2007–08 fiscal years, inclusive, at the earliest possible time, it is necessary that this act take effect immediately.