Today's Law As Amended


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AB-2100 School and charter schools: payment of teachers in 10, 11, or 12 equal payments.(2023-2024)



As Amends the Law Today


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 and the governing body of a charter school shall offer to pay a teacher employed by the school district or charter school 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 or charter school 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 or charter school until the expiration or renewal of that collective bargaining agreement.
(c) For purposes of this section, “teacher” means an employee of a school district or charter school, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that school district or charter school 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.