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AB-1691 Education finance: Classified School and Community College Employee Summer Assistance Programs.(2021-2022)

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Date Published: 08/12/2022 03:22 PM
AB1691:v95#DOCUMENT

Amended  IN  Senate  August 11, 2022
Amended  IN  Assembly  May 19, 2022
Amended  IN  Assembly  April 21, 2022
Amended  IN  Assembly  March 11, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1691

Introduced by Assembly Member Medina
(Coauthors: Assembly Members Calderon and Santiago)
(Coauthor: Senator Portantino)

January 24, 2022

An act to amend Section Sections 45500 of, and to add Article 11 (commencing with Section 88280) to Chapter 4 of Part 51 of Division 7 of Title 3 of, and 88280 of the Education Code, relating to education finance.


LEGISLATIVE COUNSEL'S DIGEST


AB 1691, as amended, Medina. Education finance: Classified School and Community College Employee Summer Assistance Programs.
Existing law establishes the Classified School and Community College Employee Summer Assistance Program. Programs. Existing law authorizes local educational agencies and community college districts to elect to participate in the applicable program, and authorizes a classified employee of a participating local educational agency or community college district who meets specified requirements to withhold an amount from the employee’s monthly paycheck during the academic school year to be paid out during the summer recess period, as provided. Existing law authorizes a classified employee to be eligible to participate in the applicable program if the classified employee is employed by the local educational agency or community college district in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For the 2020–21, 2021–22, and 2022–23 certain school years, for purposes of determining a classified employee’s total months employed by the local educational agency, agency or community college district, existing law requires the employing local educational agency or community college district to exclude any hours worked by the classified employee as a result of an extension of the academic school year directly related to the COVID-19 pandemic, as provided.
This bill, contingent upon an appropriation, bill would define “month,” for purposes of these provisions, as 20 days or 4 weeks of 5 days each, including legal holidays. The bill, contingent upon an appropriation, bill would extend, for the 2023–24 and 2024–25 school years, the exclusion of hours worked by the classified employee of a local educational agency as a result of an extension of the academic school year directly related to the COVID-19 pandemic. The bill, contingent upon an appropriation, would establish the Classified Community College Employee Summer Assistance Program, which would authorize community college districts to participate in the Classified Community College Employee Summer Assistance Program and would authorize a classified employee of a participating community college district who meets the same requirements required of participating classified employees of local educational agencies to withhold an amount from the community college employee’s monthly paycheck during the academic year to be paid out during the summer recess period.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 45500 of the Education Code is amended to read:

45500.
 (a) The Classified School Employee Summer Assistance Program is hereby established.
(b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section.
(c) A local educational agency may elect to participate in the program. A participating local educational agency shall notify classified employees, by January 1 during a fiscal year in which moneys are appropriated for purposes of this section, that the local educational agency has elected to participate in the program for the next school year. Once a local educational agency elects to participate in the program and notifies classified employees pursuant to this subdivision, the local educational agency is prohibited from reversing its decision to participate in the program for the next school year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section.
(d) (1) A classified employee who elects to participate in the program shall notify the local educational agency, in writing, by March 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that the classified employee wishes to participate in the program for the applicable school year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable school year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments. A participating classified employee may elect to have up to 10 percent of the classified employee’s monthly pay withheld during the applicable school year.
(2) A classified employee is eligible to participate in the program if the classified employee has been employed with the local educational agency for at least one year at the time the classified employee elects to participate in the program.
(3) (A) A classified employee is eligible to participate in the program if the classified employee is employed by the local educational agency in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee outside of their regular assignment.
(B) For the 2020–21, 2021–22, and 2022–23 2022–23, 2023–24, and 2024–25 school years, for purposes of determining a classified employee’s total months employed by the local educational agency, the employing local educational agency shall exclude any hours worked by the classified employee as a result of an extension of the academic school year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible for this program.
(4) (A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the local educational agency is more than sixty-two thousand four hundred dollars ($62,400) for an entire school year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the local educational agency, the employing local educational agency shall exclude any pay received by the classified employee during the previous summer recess period.
(B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a local educational agency during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph.
(e) A local educational agency that elects to participate in the program shall notify the department in writing, by April 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the department that it has elected to participate in the program. The local educational agency shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable school year.
(f) The department shall notify participating local educational agencies in writing, by May 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the department shall notify local educational agencies of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program.
(g) Participating local educational agencies shall notify participating classified employees, by June 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (d) by notifying the employing local educational agency no later than 30 days after the start of school instruction for the applicable school year.
(h) The local educational agency shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (d) in a separate account.
(i) (1) A classified employee that separates from employment with a local educational agency during the applicable school year may request from the local educational agency any pay withheld from their paycheck pursuant to this section.
(2) A classified employee, due to economic or personal hardship, may request from the local educational agency any pay withheld from their paycheck pursuant to this section.
(3) A classified employee who requests any pay withheld by the local educational agency pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section.
(j) Participating local educational agencies shall request payment from the department, on or before July 31 following the end of a school year during which the program was operative, on a form developed by the department, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h).
(k) The department may use any unexpended balance of moneys appropriated in any prior fiscal year to the department for purposes of this section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks.
(l) The department shall apportion funds to participating local educational agencies within 30 days of receiving a request for payment by the participating local educational agency pursuant to subdivision (j). The apportionment shall be determined for each local educational agency by the department on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h).
(m) If the total amount requested by participating local educational agencies exceeds the amount appropriated for purposes of this section, the department shall prorate the amount apportioned to participating local educational agencies accordingly, based on the amounts requested pursuant to subdivision (j).
(n) The participating local educational agency shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the department that is attributable to the amount withheld from that classified employee’s paychecks during the applicable school year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d).
(o) The state match funding received by participating classified employees pursuant to this section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System.
(p) (1) For the 2019–20 fiscal year, the program shall be funded pursuant to Section 85 of Chapter 51 of the Statutes of 2019.
(2) For the 2020–21 fiscal year and each fiscal year thereafter, the operation of this section shall be contingent upon an appropriation in the annual Budget Act or another statute.
(q) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district or county office of education.
(2) “Month” means 20 days or 4 weeks of 5 days each, including legal holidays.

(2)

(3) “Program” means the Classified School Employee Summer Assistance Program.

(3)

(4) “Regular assignment” means a classified employee’s employment during the academic school year, excluding the summer recess period.

SEC. 2.

 Section 88280 of the Education Code is amended to read:

88280.
 (a) The Classified Community College Employee Summer Assistance Program is hereby established for participating classified employees of participating community college districts under this section.
(b) The program shall provide a participating classified employee up to one dollar ($1) for each one dollar ($1) that the classified employee has elected to have withheld from the classified employee’s monthly paychecks pursuant to this section.
(c) A community college district may elect to participate in the program. A participating community college district shall notify classified employees, by January 1 during a fiscal year in which moneys are appropriated for purposes of this section, that the community college district has elected to participate in the program for the next academic year. Once a community college district elects to participate in the program and notifies classified employees pursuant to this subdivision, the community college district is prohibited from reversing its decision to participate in the program for the next academic year beginning after the end of a fiscal year in which moneys are appropriated for purposes of this section.
(d) (1) A classified employee who elects to participate in the program shall notify the community college district, in writing, by March 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the chancellor’s office that the classified employee wishes to participate in the program for the applicable academic year. The classified employee shall specify the amount to be withheld from their monthly paychecks during the applicable academic year and whether they choose to have the amounts withheld paid out during the summer recess period in either one or two payments. A participating classified employee may elect to have up to 10 percent of the classified employee’s monthly pay withheld during the applicable academic year.
(2) A classified employee is eligible to participate in the program if the classified employee has been employed with the community college district for at least one year at the time the classified employee elects to participate in the program.
(3) (A) A classified employee is eligible to participate in the program if the classified employee is employed by the community college district in the employee’s regular assignment for 11 months or fewer out of a 12-month period. For purposes of determining a classified employee’s total months employed by the community college district, the employing community college district shall exclude any hours worked by the classified employee outside of their regular assignment.
(B) For the 2023–24 and 2024–25 academic years, for purposes of determining a classified employee’s total months employed by the community college district, the employing community college district shall exclude any hours worked by the classified employee as a result of an extension of the academic year directly related to the COVID-19 pandemic, if the hours are in addition to the employee’s regular assignment and would prevent the employee from being eligible to participate in the program.
(4) (A) A classified employee is not eligible to participate in the program if the classified employee’s regular annual pay received directly from the community college district is more than sixty-two thousand four hundred dollars ($62,400) for an entire academic year at the time of enrollment. For purposes of determining a classified employee’s regular annual pay received directly from the community college district, the employing community college district shall exclude any pay received by the classified employee during the previous summer recess period.
(B) For purposes of this section, “summer recess period” means the period that regular class sessions are not being held by a community college district during the months of June, July, and August. Pay earned by a classified employee with limited employment during the months of June, July, or August that is not for the summer session shall not be excluded pursuant to this paragraph.
(e) A community college district that elects to participate in the program shall notify the chancellor’s office in writing, by April 1 during a fiscal year in which moneys are appropriated for purposes of this section, on a form developed by the chancellor’s office that it has elected to participate in the program. The community college district shall specify the number of classified employees that have elected to participate in the program and the total estimated amount to be withheld from participating classified employee paychecks for the applicable academic year.
(f) The chancellor’s office shall notify participating community college districts in writing, by May 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the estimated amount of state match funding that a participating classified employee can expect to receive as a result of participating in the program. If the funding provided for purposes of this section is insufficient to provide one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks, the chancellor’s office shall notify community college districts of the expected prorated amount of state match funds that a participating classified employee can expect to receive as a result of participating in the program.
(g) Participating community college districts shall notify participating classified employees, by June 1 during a fiscal year in which moneys are appropriated for purposes of this section, of the amount of estimated state match funds that a participating classified employee can expect to receive as a result of participating in the program. After receiving that notification, a classified employee may withdraw their election to participate in the program or reduce the amount to be withheld from their paycheck pursuant to paragraph (1) of subdivision (d) by notifying the employing community college district no later than 30 days after the start of instruction for the applicable fall term of the academic year.
(h) The community college district shall deposit the amounts withheld from participating classified employee monthly paychecks in accordance with the choices made by each participating classified employee pursuant to subdivision (d) in a separate account.
(i) (1) A classified employee that separates from employment with a community college district during the applicable academic year may request from the community college district any pay withheld from their paycheck pursuant to this section.
(2) A classified employee, due to economic or personal hardship, may request from a community college district any pay withheld from their paycheck pursuant to this section.
(3) A classified employee who requests any pay withheld by the community college district pursuant to paragraph (1) or (2) shall not be entitled to receive any state match funds provided pursuant to this section.
(j) Participating community college districts shall request payment from the chancellor’s office, on or before July 31 following the end of an academic year during which the program was operative, on a form developed by the chancellor’s office, for the amount of classified employee pay withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h).
(k) The chancellor’s office may use any unexpended balance of moneys appropriated in any prior fiscal year to the chancellor’s office for purposes of this section to provide up to one dollar ($1) for each one dollar ($1) that has been withheld from participating classified employee monthly paychecks.
(l) The chancellor’s office shall apportion funds to participating community college districts within 30 days of receiving a request for payment by the participating community college district pursuant to subdivision (j). The apportionment shall be determined for each community college district by the chancellor’s office on the basis of the amount that has been withheld from the monthly paychecks of participating classified employees and placed in a separate account pursuant to subdivision (h).
(m) If the total amount requested by participating community college districts exceeds the amount appropriated for purposes of this section, the chancellor’s office shall prorate the amount apportioned to participating community college districts accordingly, based on the amounts requested pursuant to subdivision (j).
(n) The participating community college district shall pay participating classified employees the amounts withheld in accordance with the classified employee’s choices, plus the amount apportioned by the chancellor’s office that is attributable to the amount withheld from that classified employee’s paychecks during the applicable academic year. This amount shall be paid to the participating classified employee during the summer recess period, in either one or two payments, in accordance with the classified employee’s option pursuant to subdivision (d).
(o) The state match funding received by participating classified employees pursuant to this section shall not be considered compensation for purposes of determining retirement benefits for the California Public Employees’ Retirement System or the California State Teachers’ Retirement System.
(p) For purposes of this section, the following definitions apply:
(1) “Chancellor’s office” means the office of the Chancellor of the California Community Colleges.
(2) “Month” means 20 days or 4 weeks of 5 days each, including legal holidays.

(2)

(3) “Program” means the Classified Community College Employee Summer Assistance Program.

(3)

(4) “Regular assignment” means a classified employee’s employment job duties during the academic year, excluding the summer recess period.
(q) For the 2023–24 fiscal year and each fiscal year thereafter, the operation of this article shall be contingent upon an appropriation in the annual Budget Act or another statute.