BILL NUMBER: AB 1166	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 18, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1166, as introduced, Solorio. Teacher salaries: additional
credit: years of training.
   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 provide that it is not a violation of these
provisions of law for a school district, with the agreement of the
exclusive bargaining representative of the certificated employees of
the district, to grant to any certificated employee uniform
additional credit for years of training if the training meets
specified requirements. The bill would state that its provisions are
declaratory of existing law.
   The bill also would make technical, nonsubstantive changes.
   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) (1) It is not a violation of subdivision (a) for a school
district, with the agreement of the exclusive bargaining
representative of certificated employees of the district, to grant
any certificated employee uniform additional credit for specified
years of training when the additional training meets any of the
following conditions:  
   (A) The training is directly related to the content currently
being taught in the classroom by the certificated employee. 

   (B) The training is intended to improve the pedagogical strategies
used by the certificated employee to teach the content currently
being taught in the classroom.  
   (C) The training satisfies the requisite criteria for
certification qualifications to fill a position in a shortage area
that has been designated by the governing board of the school
district with the agreement of the exclusive bargaining
representative of the certificated employees of the district. 

   (2) This subdivision is declaratory of existing law. 

   (c) 
    (d)  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) 
    (e)  To be eligible for grant funding pursuant to
subdivision  (c)   (d)  , 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) 
    (f)  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.