AB2100:v98#DOCUMENTBill Start
Amended
IN
Assembly
March 06, 2024
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2100
Introduced by Assembly Member Ta
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February 05, 2024 |
An act to amend Section 45038 of, and to add Section 45038.5 to, the Education Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2100, as amended, Ta.
School districts: and charter schools: payment of teachers in 10, 11, or 12 equal payments.
Existing law authorizes the governing board of a school district or charter school to arrange to pay certificated employees in either 10, 11, or 12 equal payments instead of by the school month, as specified. 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, existing law authorizes a governing board of a school district or charter school to pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during that month.
This bill would require the governing board of a school district and the governing body of a charter school to offer to pay a teacher employed by the school district
or charter school in 10, 11, or 12 equal payments. The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before January 1, 2025, by a school district or charter school and an exclusive bargaining representative, the provisions of the bill would not apply to the school district or charter school until the expiration or renewal of that collective bargaining agreement.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NO
Local Program:
NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 45038 of the Education Code is amended to read:45038.
(a) 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) 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, 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.