BILL NUMBER: AB 814	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 17, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 814, as introduced, Norby. Teacher salaries.
   Existing law requires that each teacher employed by a school
district be classified on a uniform salary schedule based on years of
training and years of experience, except if the employer and the
exclusive bargaining representative agree otherwise, pursuant to a
collective bargaining agreement.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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, 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, 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 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   The 
governing board of a school district  shall not  draw orders
for the salary of any teacher in violation of this section, 
nor shall any   and a  superintendent  shall
not  draw any requisition for the salary of any teacher in
violation thereof.
   (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 classes  ,  and substitute teachers.
   (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
any 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 district.
   (2) This subdivision is declaratory of existing law.
   (c) A public school employer and the exclusive representative of
credentialed teachers may jointly apply 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 settings, 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.