California Legislature—2013–14 Regular Session

Assembly Bill No. 708

Introduced by Assembly Member Nestande

February 21, 2013

An act to amend Section 45028 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 708, as introduced, Nestande. Teachers: compensation: career technical education teachers.

Existing law requires 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, to be classified on the salary schedule on the basis of uniform allowance for years of training and years of experience, except as specified.

This bill would, for a teacher who holds a 5-year clear designated subjects career technical education teaching credential, require that the 3 years of work experience, as specified, be deemed to be the equivalent of a baccalaureate degree, and would require that the holder of a 5-year clear designated subjects career technical education teaching credential be placed on and advance along the salary schedule of the school district in the same manner as a teacher with a baccalaureate degree.

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

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

SECTION 1.  

Section 45028 of the Education Code is amended
to read:

45028.  

(a) (1) Effective July 1, 1970, begin delete each end delete begin insert a end insert 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 begin insert Division 4 of Title 1 of end insert
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 the governing board of a school district draw
orders for the salary of begin delete any end delete begin insert a end insert teacher in violation of this section,
nor shall begin delete any end delete begin insert a district end insert superintendent begin insert of schools end insert draw begin delete any end delete begin insert a end insert
requisition for the salary of begin delete any end delete begin insert a end insert teacher in violation begin delete thereof. end delete begin insert of
this section. end insert

(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 begin delete classes and end delete begin insert classes, or end insert substitute teachers.

begin insert

(4) For a teacher who holds a five-year clear designated subjects
career technical education teaching credential pursuant to Section
44260.1, the three years of work experience related to the industry
sector named on the credential pursuant to subdivision (a) of
Section 44260 shall be deemed to be the equivalent of a
baccalaureate degree, and the holder of a five-year clear
designated subjects career technical education teaching credential
shall be placed on and advance along the salary schedule of the
school district in the same manner as a teacher with a
baccalaureate degree.

end insert

(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 begin delete any end delete begin insert an end insert
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 begin insert school end insert district.

(2) This subdivision is declaratory of existing law.

(c) A public school employer and the exclusive representative
of credentialed teachers may begin delete jointly end delete apply begin insert jointly end insert 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 begin delete settings, end delete begin insert settings end insert
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.