BILL NUMBER: SB 772	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Alquist

                        FEBRUARY 18, 2011

   An act  relating to education   to add
Sections 35122 and 87000.5 to the Education Code, relating to
education personnel  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 772, as amended, Alquist. Education  personnel:
compensation  . 
   Existing law establishes the system of public elementary and
secondary schools in this state, and provides for the establishment
of the local educational agencies, including school districts that
establish and operate the schools and provide instruction to pupils
throughout the state. Existing law also establishes the California
Community Colleges as one of the segments of public postsecondary
education in the state.  
   This bill would prohibit a school district or a community college
district, on and after January 1, 2012, from entering into, or
renewing, a contract that provides a pay increase within the contract
for any employee who is not eligible to be represented by an
exclusive representative, in any fiscal year in which classified or
certificated employees of that district have been terminated,
provided notice of possible termination, or not provided with a
cost-of-living adjustment, or that provides a pay increase in the
fiscal year during which the contract is executed, relative to the
immediate past contract for that same position, for any employee who
is not eligible to be represented by an exclusive representative, in
any fiscal year when, in that same fiscal year, or the immediately
past fiscal year, classified or certificated employees of that
district have been terminated, provided notice of possible
termination, or not provided with a cost-of-living adjustment. 

   Existing law states that the purpose of the educational system of
this state is to enable each child to develop all of his or her own
potential.  
   This bill would state the intent of the Legislature to enact
legislation on the subject of elementary and secondary education.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 35122 is added to the 
 Education Code   , to read:  
   35122.  Notwithstanding any other provision of law, on or after
January 1, 2012, a school district shall not enter into, or renew, a
contract that provides for either of the following:
   (a) A pay increase for any employee who, pursuant to Section
3543.4 of the Government Code, is not eligible to be represented by
an exclusive representative, in any fiscal year in which classified
or certificated employees of that school district have been
terminated, provided notice of possible termination, or not provided
with a cost-of-living adjustment.
   (b) A pay increase in the fiscal year during which the contract is
executed, relative to the immediate past contract for that same
position, for any employee who, pursuant to Section 3543.4 of the
Government Code, is not eligible to be represented by an exclusive
representative, if in that same fiscal year, or the immediately past
fiscal year, classified or certificated employees of that school
district have been terminated, provided notice of possible
termination, or not provided with a cost-of-living adjustment. 
   SEC. 2.    Section 87000.5 is added to the  
Education Code   , to read:  
   87000.5.  Notwithstanding any other provision of law, on or after
January 1, 2012, a community college district shall not enter into,
or renew, a contract that provides for either of the following:
   (a) A pay increase for any employee who, pursuant to Section
3543.4 of the Government Code, is not eligible to be represented by
an exclusive representative, in any fiscal year in which classified
or certificated employees of that community college district have
been terminated, provided notice of possible termination, or not
provided with a cost-of-living adjustment.
   (b) A pay increase in the fiscal year during which the contract is
executed, relative to the immediate past contract for that same
position, for any employee who, pursuant to Section 3543.4 of the
Government Code, is not eligible to be represented by an exclusive
representative, if in that same fiscal year, or the immediately past
fiscal year, classified or certificated employees of that community
college district have been terminated, provided notice of possible
termination, or not provided with a cost-of-living adjustment. 

  SECTION 1.    It is the intent of the Legislature
to enact legislation on the subject of elementary and secondary
education.