BILL NUMBER: SB 1643 CHAPTERED 07/05/00 CHAPTER 69 FILED WITH SECRETARY OF STATE JULY 5, 2000 APPROVED BY GOVERNOR JULY 5, 2000 PASSED THE SENATE JUNE 29, 2000 PASSED THE ASSEMBLY JUNE 22, 2000 AMENDED IN ASSEMBLY JUNE 15, 2000 INTRODUCED BY Senators O'Connell and McPherson (Coauthors: Senators Alarcon, Alpert, Bowen, Chesbro, Costa, Figueroa, Hughes, Karnette, Murray, Ortiz, Perata, Polanco, Rainey, Solis, Sher, Soto, and Vasconcellos) (Coauthors: Assembly Members Alquist, Aroner, Calderon, Cardoza, Cedillo, Corbett, Correa, Cunneen, Davis, Dutra, Gallegos, Havice, Hertzberg, Honda, Jackson, Keeley, Kuehl, Longville, Lowenthal, Machado, Mazzoni, Nakano, Reyes, Romero, Scott, Shelley, Steinberg, Thomson, Torlakson, Villaraigosa, Vincent, Washington, Wiggins, and Wildman) FEBRUARY 22, 2000 An act to add Section 45023.1 to the Education Code, relating to certificated employees and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 1643, O'Connell. Teachers' salaries. Existing law requires the governing board of each school district to adopt and cause to be printed and made available a schedule of salaries to be paid to certificated employees. Existing law permits the governing board of a school district, the county superintendent of schools, or the county boards of education, in the 1999-2000 fiscal year, to increase the lowest salary on the salary schedule for a certificated employee who meets certain requirements by designating as the lowest salary on the salary schedule an amount not to exceed $32,000 and sets forth procedures for providing per-pupil incentives for providing this increase. This bill would authorize the governing board of a school district, the county superintendent of schools, or the county boards of education, commencing with the 2000-01 fiscal 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 that is at least $34,000 in the 2000-01 fiscal year. This bill would set forth procedures for reimbursement for the cost of the increase. The bill would declare that it is to take effect immediately as an urgency measure. 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-four thousand dollars ($34,000). (b) A thirty-four thousand dollars ($34,000) 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-four thousand dollars ($34,000). (e) The goal of an annual minimum beginning teacher salary of thirty-four thousand dollars ($34,000) can be achieved if the state provides the financial support for school districts and county offices of education that adopt the thirty-four thousand dollar ($34,000) 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-four thousand dollars ($34,000). SEC. 2. Section 45023.1 is added to the Education Code, to read: 45023.1. (a) Commencing with the 2000-01 fiscal year, the governing board of a school district, the county superintendent of schools, or the county board of education may increase, for teachers meeting the requirements prescribed by this section, the salary on its adopted certificated employee salary schedule 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 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 that is at least an annual salary of thirty-four thousand dollars ($34,000) in the 2000-01 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 1999-2000 fiscal year 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. (c) Each school district or county office of education that increases its beginning teacher annual minimum salary to thirty-four dollars ($34,000) pursuant to subdivision (b) shall elect, except as provided in subdivision (i), to receive reimbursement for the cost of the increase pursuant to only one of the following two options: (1) Option One: (A) In fiscal year 2000-01, a school district, county superintendent of schools, or county office of education that increases salaries pursuant to paragraph (2) of subdivision (b) and selects reimbursement Option One shall receive an amount equal to six dollars ($6) times the district's or county office's second principal apportionment average daily attendance for the 1999-2000 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (B) Divide the amount received from the state pursuant to subparagraph (A) for the 2000-01 fiscal year by the school district and county office of education second principal apportionment average daily attendance for the 2000-01 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (C) For the 2001-02 fiscal year and each fiscal year thereafter, for each school district that increases its salaries pursuant to subdivision (a), the Superintendent of Public Instruction shall sum the results of paragraphs (i) and (ii) and add that figure to the total school district revenue limit computed pursuant to Section 42238: (i) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (D) For the 2001-02 fiscal year and each fiscal year thereafter, for each county office of education that increases its salaries subdivision (a), the Superintendent of Public Instruction shall add the sum of paragraphs (i) and (ii) to the county office of education revenue limit computed pursuant to Section 2550: (i) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance specified in subparagraph (B) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (E) 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-four thousand dollars ($34,000), 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. (2) Option Two: 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 state funding computed as follows: (A) Total the salaries of all certificated employees receiving increased salaries up to a maximum of thirty-four thousand dollars ($34,000) per person pursuant to subdivision (b) for the 2000-01 fiscal year. (B) Total all salaries, based on the salary schedule for the 2000-01 fiscal year before the increase made pursuant to subdivision (b), of all certificated employees receiving increased salaries pursuant to subdivision (b). (C) Subtract the amount in subparagraph (A) from the amount in subparagraph (B). (D) Multiply the amount in subparagraph (C) by the district's statutory benefit rates. (E) For the 2000-01 fiscal year, a school district, county superintendent of schools, or county office of education that increases salaries pursuant to paragraph (2) of subdivision (b) and selects reimbursement Option Two shall receive the sum of paragraphs (C) and (D). (F) Divide the sum of the amounts received pursuant to paragraphs (C) and (D) for the 2000-01 fiscal year by the school district and county office of education average daily attendance for the second principal apportionment for the 2000-01 fiscal year, excluding attendance in adult education programs and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (G) For the 2001-02 fiscal year and each fiscal year thereafter, for each school district that increases its salaries pursuant to subdivision (a), the Superintendent of Public Instruction shall sum the results of paragraphs (i) and (ii) and add that figure to the total school district revenue limit computed pursuant to Section 42238: (i) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase pursuant to subdivision (b) of Section 42238.1 and multiply the resulting product by the school district's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (H) For the 2001-02 fiscal year and each fiscal year thereafter, for each county office of education that increases its salaries subdivision (a), the Superintendent of Public Instruction shall add the sum of paragraphs (i) and (ii) to the county office of education revenue limit computed pursuant to Section 2550: (i) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year excluding attendance in regional occupational centers/programs, adult education programs, and charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (ii) Annually increase the funding rate per unit of average daily attendance calculated pursuant to subparagraph (F) by the percentage increase identified pursuant to Section 2557 and multiply the resulting product by the county office of education's second principal apportionment average daily attendance for the current fiscal year in regional occupational centers/programs excluding attendance in charter schools participating in the charter school block grant pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8. (d) Any state funds received pursuant to this section and not used pursuant to the conditions of this section shall be returned to the state. (e) 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, so as not to exceed the amount appropriated for this purpose. (f) A school district or county office of education shall receive reimbursement pursuant to subdivision (c) only. However, this section does not prohibit a school district and its employees from negotiating salary schedules. (g) The adjustments to school district and county office of education revenue limits prescribed in subparagraphs (C) and (D) of paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of paragraph (2) of subdivision (c), respectively, shall continue so long as the increase in the salary schedule made pursuant to paragraph (2) of subdivision (b) or subdivision (i) is maintained. (h) 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. (i) Adjustments made to school district or county office of education revenue limits pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (c) and subparagraphs (G) and (H) of paragraph (2) of subdivision (c), respectively, 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. (j) Notwithstanding subdivision (c), a school district or county office of education that already has as the annual minimum salary for beginning teachers who meet the criteria in subdivision (a) in an amount equal to or greater than thirty-four thousand dollars ($34,000) shall be eligible to receive reimbursement pursuant to Option One. SEC. 3. Section 45023.1 as proposed to be added to the Education Code by Section 2 of this act shall become applicable and available to local educational agencies in the 2000-01 fiscal year only if funding for purpose of its implementation is appropriated in the Budget Act of 2000 or in another measure. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to implement the Budget Act of 2000 with respect to public schools, it is necessary that this act take effect immediately.