Today's Law As Amended


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AB-2998 Teachers: defined contribution plans: salaries.(2019-2020)



As Amends the Law Today


SECTION 1.
 This bill shall be known, and may be cited, as the Rising Academic Instructor Salaries in Education Act, or RAISE Act.

SEC. 2.

 Section 22603 is added to the Education Code, to read:

22603.
 A person who opts into a defined contribution plan pursuant to Article 6 (commencing with Section 45070) of Chapter 4 of Part 25 of Division 3 of Title 2 is excluded from membership in the Defined Benefit Program.

SEC. 3.

 Section 45026 is added to the Education Code, to read:

45026.
 Notwithstanding any other law, a person employed by a school district in a position requiring certification qualifications may negotiate a salary other than the salary prescribed by a salary schedule adopted pursuant to this article.

SEC. 4.

 Section 45028 of the Education Code is amended to read:

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 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  Except as provided in Section 45026,  the governing board of a school district shall not  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. 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 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.

SEC. 5.

 Article 6 (commencing with Section 45070) is added to Chapter 4 of Part 25 of Division 3 of Title 2 of the Education Code, to read:

Article  6. Defined Contribution Plans
45070.
 (a) A school district may offer a defined contribution plan to certificated employees. A certificated employee may opt into a defined contribution plan offered by a school district, in which case the certificated employee is excluded from membership in the State Teachers’ Retirement System.
(b) A decision to employ, terminate, or grant permanent status to a certificated employee shall not be based on whether the certificated employee opts into a school district’s defined contribution plan.
(c) (1) A school district may offer a higher salary or lower contribution rate to a defined contribution plan as an incentive for a certificated employee to opt into a defined contribution plan.
(2) Pursuant to Section 45026, a certificated employee may negotiate a salary or contribution rate for a defined contribution plan outside of the salary schedule of the school district developed pursuant to Article 5 (commencing with Section 45022).
(3) A collective bargaining agreement entered into by the school district and the exclusive representative of the certificated employees of the school district on or after January 1, 2021, shall not prohibit a school district from offering a higher salary or lower contribution rate to a defined contribution plan as an incentive to a certificated employee and shall not prohibit a certificated employee from negotiating a salary or contribution rate for a defined contribution plan outside of the salary schedule.
SEC. 6.
 To the extent that any provision of this bill conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2021, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made by this bill shall not apply to the school district until expiration or renewal of that collective bargaining agreement.