BILL NUMBER: SB 1598	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MAY 31, 2000
	AMENDED IN SENATE   MAY 4, 2000

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 18, 2000

   An act to add Section 45023.1 to the Education Code, relating to
certificated employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1598, as amended, O'Connell.  Teacher salaries.
   Under existing law, the governing board of each school district is
generally required to establish the compensation paid to persons in
public school service that require certification.
   This bill would authorize the governing board of a school
district, the county superintendent of schools, or the county boards
of education,  in   commencing with  the
2000-01  and 2001-02  fiscal  years
  year  , to increase the lowest salary on the
salary schedule for a certificated employee that meets certain
requirements by designating as the lowest salary on the salary
schedule an amount  not to exceed an unspecified amount
  that is at least $38,000 in the 2000-01 fiscal
year  and an unspecified amount in the 2001-02 fiscal year
 .  This bill would set forth procedures for reimbursement
for the cost of the increase.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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


  SECTION 1.   The Legislature hereby finds and declares all of
the following:
   (a) The minimum annual salary for a classroom teacher who
possesses a full credential should be at least thirty-eight thousand
dollars ($38,000).
   (b) A thirty-eight thousand dollars ($38,000) minimum annual
salary for a beginning credentialed classroom teacher is necessary to
place the teaching profession in a position where it would be able
to effectively compete with other professions for talented
individuals who might consider teaching, but who are attracted to
other higher paying professions that require similar years of
postsecondary education and preservice experience.
   (c) Teacher salary schedules in school districts should be
designed to accomplish multiple goals, including, but not limited to,
all of the following:
   (1) The attraction of people with the education and personal
characteristics to become career teachers.
   (2) The retention of qualified, competent, and experienced
teachers.
   (3) The achievement of a reasonable annual salary commensurate
with a teacher's experience, education, and responsibilities.
   (4) The recognition of continuing professional development that is
of benefit to the district, a teacher's school, and their pupils.
   (d) The state's existing Jack O'Connell Beginning-Teacher Salary
Incentive Program, with the minimum salary goal of thirty-two
thousand dollars ($32,000), is a good first effort toward
accomplishing a more appropriate goal of an annual minimum
beginning-teacher salary of thirty-eight thousand dollars ($38,000).

   (e) The goal of an annual minimum beginning-teacher salary of
thirty-eight thousand dollars ($38,000) can be achieved if the state
provides the financial support for school districts and county
offices of education that adopt the thirty-eight thousand dollar
($38,000) minimum.  The state's school districts and county offices
of education are of such diverse size and type that two options for
state financial support should be made available. The school
districts, county offices of education, and county superintendents of
schools should be permitted to choose the option that best meets
their conditions in order to achieve a minimum annual
beginning-teacher salary of thirty-eight thousand dollars ($38,000).

  SEC. 2.   Section 45023.1 is added to the Education Code, to
read:
   45023.1.  (a) The governing board of a school district, the county
superintendent of schools, or the county board  of
education, in the 2000-01 and 2001-02 fiscal years, may 
 of education, commencing with the 2000-01 fiscal year, may 
increase, for teachers meeting the requirements prescribed by this
section, the salary on its adopted certificated employee salary
schedule  for the applicable fiscal year  as
provided in subdivision (b).  For purposes of this section, any
teacher for whom the governing board, county superintendent of
schools, or county board of education may increase salaries shall
meet all of the following criteria:
   (1) Hold a valid California teaching credential, not including an
emergency permit, intern permit, or waiver.
   (2) Possess a baccalaureate or higher degree.
   (3) Receive a salary paid  from   through
 the general fund of the district or county office.
   (b) The governing board, county superintendent of schools, or
county board of education that increases its salaries pursuant to
subdivision (a) shall perform the following computations:
   (1) The governing board, county superintendent of schools, or
county board of education shall designate as the lowest salary on the
salary schedule for a certificated employee meeting the criteria in
subdivision (a) an amount  not to exceed   that
is at least  an annual salary of  ____ dollars ($____)
  thirty-eight thousand dollars ($38,000)  in the
2000-01 fiscal year.   This amount shall be increased to an
annual salary of ____ dollars ($____) for the 2001-02 fiscal year.

   (2) The governing board, county superintendent of schools, or
county board of education shall increase to the annual salary amount
in paragraph (1) the salary of any certificated employee meeting the
criteria in subdivision (a) whose salary on the salary schedule for
the  applicable   1999-2000  fiscal year
 is   was  less than the amount computed in
paragraph (1) and, notwithstanding Section 45028, shall incorporate
that increase into the salary schedule  commencing with the
2000-01 fiscal year  .  
   (3) The newly adopted salary schedule shall contain only one cell
that meets the amount specified in paragraph (1), which most often is
the first-year step of a salary schedule column for certificated
personnel who meet the criteria set forth in subdivision (a).  All
other salary schedule cells for personnel that meet the criteria in
subdivision (a) shall exceed the levels set forth in paragraph (1).

   (c) Each school district or county office of education that
increases  salaries   its beginning-teacher
annual minimum salary to thirty-eight dollars ($38,000) 
pursuant to subdivision (b) shall  elect to  receive
reimbursement for the cost of the increase  pursuant to only one
of the following two options:
   (1) Option One:
   (A) A school district, county superintendent of schools, or county
office of education may submit a request to the Superintendent of
Public Instruction, on a form supplied by the Superintendent of
Public Instruction, for an amount of state funding that is equal to
ten dollars ($10) times the district's or county office's second
principal apportionment average daily attendance for the 1999-2000
fiscal year.
   (B) Average daily attendance shall only reflect attendance of
pupils who attend programs that are funded through the school
district's, county superintendent of schools', or county office of
education's general fund.
   (C) The school district, county superintendent of schools, or
county office of education shall utilize these incentive funds not
only to meet the new beginning-teacher annual minimum salary of
thirty-eight thousand dollars ($38,000), but may also use the funds
to generally enhance teachers' salaries in order to achieve, the
goals of retention of qualified, competent, and experienced teachers,
and the attainment of a reasonable salary commensurate with a
teacher's experience, education, and responsibilities.
   (D) The school district, county superintendent of schools, or
county office of education may adjust its revenue limit computed
pursuant to Section 2550 or 42238 for the 2001-02 fiscal year, and
each fiscal year thereafter if the local educational agency maintains
compliance with this section, to reflect the amount of the state
funds expended during the 2000-01 fiscal year.
   (E) Any state funds received pursuant to this paragraph and not
used pursuant to the conditions of this paragraph shall be returned
to the state.
   (2) Option Two:  A school district, county superintendent of
schools, our county office of education may submit a request to the
Superintendent of Public Instruction, on a form supplied by the
Superintendent of Public Instruction, for state funding computed
 as follows:  
   (1)  
   (A)  Total the salaries of all certificated employees
receiving increased salaries  up to a maximum of thirty-eight
thousand dollars ($38,000) per person  pursuant to subdivision
(b)  for the 2000-01 fiscal year  .  
   (2)  
   (B)  Total all salaries, based on the salary schedule for the
 applicable   2000-01  fiscal year before
the increase made pursuant to subdivision (b), of all certificated
employees receiving increased salaries pursuant to subdivision (b).

   (3)  
   (C)  Subtract the amount in paragraph (2) from the amount in
paragraph (1).  
   (4)  
   (D)  Multiply the amount in paragraph (3) by the district's
State Teachers' Retirement System contribution rate.  
   (5) In the applicable fiscal year, the revenue limit of the
district calculated pursuant to Section 42238 or of the county office
of education calculated pursuant to Section 2550 may be increased by
an amount equal to the sum of the amounts in paragraphs (3) and (4).

   (6) For the 2000-01 and 2001-02 fiscal years, any school district
or county office of education that received reimbursement pursuant to
this subdivision in the prior fiscal year shall divide the amount
added to the revenue limit pursuant to paragraph (5) by the regular
average daily attendance for the prior fiscal year, and shall add
that quotient to the base revenue limit per unit of average daily
attendance for the applicable fiscal year.
   (d)  
   (E) For the 2001-02 fiscal year, and each fiscal year thereafter,
the revenue limit of the school district calculated pursuant to
Section 42238 or of the county office of education calculated
pursuant to Section 2550 may be increased by an amount equal to the
sum of the amounts in subparagraphs (C) and (D).  The revenue limit
adjustment shall be computed as follows:
   (i) Divide the amount received from the state for the 2000-01
fiscal year by the regular average daily attendance for the second
principal apportionment for the 2000-01 fiscal year.
   (ii) Add the quotient to the base revenue limit per unit of
average daily attendance for the 2001-02 fiscal year pursuant to
clause (i).
   (d) If the funds requested by the school district, the county
superintendents of schools, and the county offices of education for
the 2000-01 fiscal year exceed the state appropriation for this
section, the Superintendent of Public Instruction shall reduce all
requests by the application of a single, common percentage factor for
apportionment purposes.
   (e)  A school district or county office of education shall
receive reimbursement pursuant to subdivision (c) only for the amount
computed pursuant to this section for those salaries that are
increased to meet the amount specified in paragraph (1) of
subdivision (b).  However, this section does not prohibit a school
district and its employees from negotiating salary schedules.

   (e)  
   (f)  The adjustment to the district's revenue limit
prescribed in  paragraph (6)   subparagraph (E)
of paragraph (2)  of subdivision (c) shall continue so long as
the increase in the salary schedule made pursuant to paragraph (2) of
subdivision (b) is maintained.  
   (f)  
   (g) The Superintendent of Public Instruction shall issue
appropriate forms to school districts and county offices of education
no later than September 1, 2000.  School districts, county
superintendents of schools, or county offices of education shall
notify the Superintendent of Public Instruction no later than
December 31, 2000, regarding which option they wish to exercise for
the 2000-01 fiscal year.  School districts, county superintendents of
schools, or county offices of education shall file their claim form
for state funds with the Superintendent of Public Instruction no
later than March 1, 2001.
   (h)  Adjustments made to school district or county office of
education revenue limits pursuant to  paragraph (5) or (6)
  subparagraph (E) of paragraph (2)  of subdivision
(c) shall not be considered part of the base revenue limit for the
purpose of computing equalization adjustments or determining other
wealth-related differences in school funding.