Section § 45022

Explanation

The school district's governing board is responsible for setting and paying the salaries of staff who need certification for their roles, unless a different law dictates otherwise.

The governing board of any school district shall fix and order paid the compensation of persons in public school service requiring certification qualifications employed by the board unless otherwise prescribed by law.

Section § 45023

Explanation

This law requires school districts to create a salary schedule for their teachers and other certified staff. They must print and distribute this schedule to each certified employee.

The governing board of each school district shall adopt and cause to be printed and made available to each certificated employee a schedule of salaries to be paid.

Section § 45023.5

Explanation

This law states that when teachers or other certified staff in school districts are paid for work outside their regular teaching duties, all staff doing similar extra work with the same responsibilities must be paid equally, regardless of gender. Schools can have different pay scales based on experience for these extra duties. However, if some employees are paid for certain extra tasks, it does not mean all employees must be paid for any tasks outside of their standard duties.

If compensation is provided to certificated employees of any elementary, high, or unified school district for a work assignment which is not part of the contracted instructional day duties, like compensation, whether paid on an hourly or monthly basis, or on a flat rate basis or otherwise, shall be paid to all certificated employees of the district who perform like work with comparable responsibilities. Under no condition shall certificated employees who are working comparable hours and responsibilities beyond the instructional day be paid differently based on the employee’s sex. Nothing in this section shall be construed as prohibiting a school district from establishing a salary schedule based on experience for persons who are employed for such work. Nothing in this section shall be construed as requiring a district to compensate certificated employees for work assignments which are not part of the contracted instructional day duties simply because other employees of the district receive compensation for work assignments which involve different types of service.

Section § 45024

Explanation

This section explains that anyone working in a district school position that requires a teaching certificate, for at least the minimum school day, is considered full-time and should be paid as such. School boards can ask these employees to work longer hours, as long as all similar roles are treated equally, and the extra work is related to their usual duties. In unified school districts, kindergarten and elementary schools count as one district, while high schools count as another separate district for these purposes.

Every person employed by the district in a position requiring certification qualifications in a day school of the district for not less than the minimum schoolday for each day the schools of the district are maintained during the school year is a full-time employee and his compensation shall be fixed accordingly. Governing boards may require persons employed in positions requiring certification qualifications to serve a longer period time in each schoolday than the minimums defined in Sections 46112 to 46116, inclusive, and 46141, in order to be compensated as full-time employees, provided all such employees in similar grades or levels are similarly required to serve such longer periods of time, and provided that the duties required of such persons during such extended time shall be directly related to and restricted to their normal assignment. With respect to a unified school district, for the purposes of this section all day kindergarten and elementary schools of the unified school district shall be deemed to be maintained by one district and all day high schools of the unified school district shall be deemed to be maintained by a second and separate district.

Section § 45025

Explanation

This law allows school districts to hire part-time employees for positions that normally require full certification, as long as their workday is shorter than the standard minimum school day. Part-time employees should be paid in proportion to the hours they work compared to full-time employees with similar roles. This rule does not apply to temporary employees or those working part-time in addition to a full-time position within the same district.

Any person employed by a district in a position requiring certification qualifications who serves less than the minimum schoolday as defined in Sections 46112 to 46116, inclusive, or 46141 may specifically contract to serve as a part-time employee. In fixing the compensation of part-time employees, governing boards shall provide an amount which bears the same ratio to the amount provided full-time employees as the time actually served by such part-time employees bears to the time actually served by full-time employees of the same grade or assignment. This section shall not apply to any person classified as a temporary employee under Sections 44919 and 44888, or any person employed as a part-time employee above and beyond his employment as a full-time employee in the same school district.

Section § 45028

Explanation

This law dictates how school districts in California should determine teacher salaries. Usually, salaries are based on years of training and experience, except for those in administrative roles, unless a different agreement is reached. All teachers should be treated equally on the salary schedule regardless of the grade level they teach. This doesn't apply to teachers of special or substitute classes.

Schools can provide newly hired teachers with credit for previous experience without violating this rule, provided there's agreement with the teachers' representative. Additionally, schools can seek grants to develop alternative salary models that reward teachers for extra responsibilities and achievements. Schools are encouraged to recognize teacher contributions towards student success, incentivize teaching in high-need areas, and consider professional experience in lieu of formal credits.

(a)Copy CA Education Code § 45028(a)
(1)Copy CA Education Code § 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)CA Education Code § 45028(a)(2) In no case shall the governing board of a school district draw orders for the salary of any teacher in violation of this section, nor shall any superintendent draw any requisition for the salary of any teacher in violation thereof.
(3)CA Education Code § 45028(a)(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)Copy CA Education Code § 45028(b)
(1)Copy CA Education Code § 45028(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)CA Education Code § 45028(b)(2) This subdivision is declaratory of existing law.
(c)CA Education Code § 45028(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)CA Education Code § 45028(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)CA Education Code § 45028(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.

Section § 45029

Explanation

This law states that teachers working in opportunity schools or classes should receive the same pay as teachers in other elementary schools within the same city, city and county, or school district.

Teachers in an opportunity school or opportunity classes shall be paid in the same manner as in other elementary schools of the city, city and county, or the school district in which the opportunity school or opportunity classes are situated.

Section § 45030

Explanation

This law allows a school district's governing board to hire substitute employees as needed. The board must also create and publicly share a salary schedule detailing the pay rates for these substitutes. Importantly, this law does not change any existing laws that set minimum annual salaries for school district employees.

The governing board of any school district may employ such substitute employees of the district as it deems necessary and shall adopt and make public a salary schedule setting the daily or pay period rate or rates for substitute employees.
This section shall not be construed as modifying or repealing any law fixing a minimum annual salary for employees of district.

Section § 45031

Explanation

This law states that home teachers' salaries are covered by special school funds of the city or district.

The salaries of home teachers shall be paid from the city or district special school funds.

Section § 45032

Explanation

This law lets a school district's governing board raise the salaries of employees who need certification at any time during the school year. The salary increase can start on a date chosen by the board.

The governing board of a school district may at any time during any school year increase the salaries of persons employed by the district in positions requiring certification qualifications, such increase to be effective on any date ordered by the governing board.

Section § 45033

Explanation

If you're working in a school district job that requires certification, your salary can't be lowered just because you haven't finished extra courses or education that the district wants you to do.

The governing board of any school district shall not decrease the annual salary of a person employed by the district in a position requiring certification qualifications for failure to meet any requirement of the district that such person complete additional educational units, course of study, or work in any college or university or any equivalent thereof.

Section § 45034

Explanation

This law states that no payment or financial warrant can be issued to a person who needs certification to be employed unless they have a valid and current certification. The certification must be on file or registered as required by law at the time of payment. Additionally, the person must be employed by a school district's governing board with more than 10,000 students attending daily, or by the county superintendent of schools.

No order for a warrant, and no warrant drawn pursuant to Section 42647, shall be drawn in favor of any person employed in a position requiring certification qualifications, unless such person is at the time the holder of a proper certification document in full force for the full time for which the requisition or warrant, as the case may be, is drawn, and on file or registered as required by law at the time and unless he is employed by the governing board of the unified school district, or district with over 10,000 average daily attendance or by the county superintendent of schools as provided in this code.

Section § 45035

Explanation

This law states that if a school district in California doesn't pay a certified employee's salary, despite having a valid employment contract, the county superintendent can step in. They have the authority to move funds from the district's funds to the county school service fund to ensure the employee gets paid.

If any school district fails to pay the salary of any person employed by it in a position requiring certification qualifications who has on file a contract of employment held valid by the legal adviser of the county superintendent of schools having jurisdiction over the district, such county superintendent of schools may transfer sufficient money from the funds of the district to the county school service fund and pay such salary from such fund.

Section § 45036

Explanation

This law addresses the situation where someone worked in a school position that required a specific certification, but did so without having the right credential at the time. If this happened after September 15, 1961, and resulted in a violation of certain education codes, the employment can still be made legal. The commission has the authority to approve these cases, provided they determine that the person actually was qualified for the necessary credential during their service period and that they obtain the proper credential before the review. If the commission approves, then the employment and related actions are considered fully legal.

(a)CA Education Code § 45036(a) Whenever, on or after September 15, 1961, a person has rendered service in a position requiring certification qualifications, or the governing board of a school district has employed a person in a position requiring certification qualifications, or the county superintendent of schools has drawn an order for a warrant in favor of a person in a position requiring certification qualifications, for a period of service during which the person did not have a valid credential required for that position in force as required by law, and when as a result of that the employment of the person to render that service, the rendering of that service, the inclusion of the attendance of pupils taught by the person in the average daily attendance of the school district, or the drawing of the order warrant for the service of that person, is in violation of Section 46300, 44830, 45034, or any other provision of this code, that employment, rendering of service, inclusion of attendance, or drawing of the order for the warrant shall be deemed fully legal for all purposes if the commission approves the rendering of the service in accordance with this section.
(b)CA Education Code § 45036(b) The commission shall adopt rules and regulations to establish procedures for a review in these cases and shall determine whether the rendering of the service shall be approved and made fully legal for all purposes. If the commission gives its approval to the rendering of the service, then the employment, inclusion of attendance, and drawing of the order for the warrant shall be automatically approved and made fully legal for all purposes.
(c)CA Education Code § 45036(c) The commission shall not approve of the rendering of the service unless it determines that the person rendering the service had, in fact, the necessary qualifications, during the period of service in question, for the credential required by law for the position in which the service was rendered, and unless a valid credential required for the position has been issued to the person before the review and action by the commission.

Section § 45037

Explanation

This law states that if a school district or county office of education employs a teacher without a valid certification from kindergarten through 12th grade, they will face financial penalties, except as this rule is overridden by another specific section. The penalties are calculated based on the number of days the uncertified teacher worked, relative to the total school days they were employed. The penalty amount is deducted from their state funding based on the local control funding formula.

Furthermore, if a county office issues a payment to someone who served without certification, and knows they rendered service as a teacher, penalties apply. The penalty imposed on a county office is calculated as the lesser of three amounts: 50% of all penalties to school districts, 0.5% of unrestricted expenditures if applying to two or fewer districts, or 1% if more than three districts are involved. The regulations mentioned cannot be waived unless by specific provision.

(a)CA Education Code § 45037(a) Except as provided in Section 45036, for the fiscal year 2001-02 and for any fiscal year thereafter in which a person renders service as a teacher in kindergarten or any of grades 1 to 12, inclusive, who does not have a valid certification document, the school district or county office of education in which the person is employed shall be assessed a penalty that shall be calculated as provided in subdivision (b) and withheld from state funding otherwise due to the district or county office of education.
(1)CA Education Code § 45037(a)(1) Notwithstanding Section 46300, the attendance of the noncertificated person’s pupils during the period of service shall be included in the computation of average daily attendance.
(2)CA Education Code § 45037(a)(2) The noncertificated person’s period of service shall not be excluded from the determination of eligibility for instruction time pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26.
(b)Copy CA Education Code § 45037(b)
(1)Copy CA Education Code § 45037(b)(1) For each person who rendered service in the employment of the district or county office of education as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, add the total number of schooldays on which the person rendered any amount of the service.
(2)CA Education Code § 45037(b)(2) For each person who rendered service in the employment of the district or county office of education as a teacher in kindergarten or any of grades 1 to 12, inclusive, during the fiscal year, for a period of service during which the person did not have a valid certification document, add the number of schooldays on which the person rendered any amount of the service without a valid certification document.
(3)CA Education Code § 45037(b)(3) Divide the number determined in paragraph (2) by the number determined in paragraph (1) and carry the result to four decimal places.
(4)CA Education Code § 45037(b)(4) Multiply a school district’s local control funding formula grant apportionment for the fiscal year, calculated pursuant to Section 42238.02, as implemented by Section 42238.03, or a county office of education’s local control funding formula alternative education grant computed pursuant to Section 2574, as apportioned pursuant to Section 2575, for the fiscal year, for the program in which the noncertificated person rendered service by the number determined in paragraph (3).
(c)CA Education Code § 45037(c) Beginning in 2002–03, if a county office of education releases a warrant in favor of a person for whom a period of school district service is included in the calculation set forth in paragraph (2) of subdivision (b), and the warrant is either compensation for employment as a teacher or for employment in some other capacity if the county office of education has direct knowledge or is in possession of information giving rise to a reasonable inference that the person is rendering service as a teacher, the county office shall be assessed a penalty. The penalty assessed to a county office for any fiscal year in which one or more district teachers did not have a valid certification document shall be equal to the lesser of three amounts as follows:
(1)CA Education Code § 45037(c)(1) Fifty percent of all penalties assessed for that fiscal year to all school districts in the county office’s jurisdiction pursuant to subdivision (b).
(2)CA Education Code § 45037(c)(2) One-half percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office’s county school service fund, when two or fewer districts in the county office’s jurisdiction are subject to penalties pursuant to subdivision (b).
(3)CA Education Code § 45037(c)(3) One percent of the total expenditures for that fiscal year from unrestricted resources, as defined in the California School Accounting Manual, in the county office’s county school service fund, when three or more districts in the county office’s jurisdiction are subject to penalties pursuant to subdivision (b).
(d)CA Education Code § 45037(d) Except as provided in Section 41344.1, nothing in this section may be waived in whole or in part.

Section § 45038

Explanation

This law allows the governing board of a school district or a charter school to decide how to pay their certified employees. They can choose to divide the salary into 10, 11, or 12 equal payments over the year instead of paying by the school month.

Alternatively, they can issue salary payments every two weeks, twice a month, or every four weeks, depending on what the governing board decides.

(a)CA Education Code § 45038(a) The governing board of a school district or charter school may arrange to pay the persons in positions requiring certification qualifications employed by it, or any one or more of those employees or one or more groups or categories of those employees, in either 10, 11, or 12 equal payments instead of by the school month.
(b)CA Education Code § 45038(b) In lieu of the arrangement in subdivision (a), orders for the payment of salary, and payroll orders for the payment of salary and warrants for the payment of salary of employees employed in positions requiring certification qualifications may be drawn once each two weeks, twice a month, or once each four weeks as determined by the governing board.

Section § 45039

Explanation

This law allows school districts or charter schools to pay their employees in 12 equal monthly installments, even if those employees are not teaching every month.

If the governing board of a school district or charter school arranges to pay persons employed by it in 12 equal payments for the year, it may pay each monthly installment at the end of each calendar month, whether or not the persons are actually engaged in teaching during the month.

Section § 45040

Explanation

This law allows school districts and charter schools to withhold 16.67% of each paycheck from employees if they are not paid annually in 12 equal monthly installments. This withheld amount is then paid back to employees in two equal payments by early August and early September.

If an employee leaves or passes away before receiving these payments, the owed money must be paid to them or eligible recipients within 30 days.

(a)CA Education Code § 45040(a) The governing board of a school district or charter school not paying the annual salaries of persons employed by the district or charter school in 12 equal monthly payments may withhold from each payment made to each employee an amount equal to 162/3 percent thereof.
(b)CA Education Code § 45040(b) The total of the amounts deducted from the salary of an employee during a school year shall be paid to him or her in two equal installments, one installment to be paid not later than the fifth day of August next succeeding, and one installment to be paid not later than the fifth day of September next succeeding.
(c)CA Education Code § 45040(c) If an employee leaves the service of the district or charter school by death or otherwise before receiving the moneys that may be due him or her, the amount due him or her shall be paid within 30 days to him or her or to any other person entitled to those moneys by law.

Section § 45041

Explanation

If you work in a school position that needs certification but don't work the full school year, your pay is based on how many days you worked out of the total school days, plus any special days you're required to be there. If you work a full semester, you must earn at least half of the annual salary. This law doesn't stop you from getting paid if you're on authorized leave.

If someone in this position dies during the school year, their estate will receive a final salary payout based on the days they worked compared to the full school year, minus any salary already paid.

A person in a position requiring certification qualifications who serves less than a full school year shall receive as salary only an amount that bears the same ratio to the established annual salary for the position as the number of working days he serves bears to the total number of working days plus institutes in the annual school term, and any other day when the employee is required by the governing board to be present at the schools of the district. Notwithstanding any provisions of this section to the contrary, a person in a position requiring certification qualifications who serves a complete semester shall receive not less than one-half of the established annual salary for the position. This section shall not be so construed as to prevent the payment of compensation to a person while on leave of absence when the payment of the compensation is authorized by law.
In the event any such person dies during the school year, his estate shall be entitled to receive, as salary owed to the decedent, an amount that bears the same ratio to the established annual salary for the position as the number of working days he served bears to the total number of working days plus institutes in the annual school term, and any other day when the employee was required by the governing board to be present at the schools of the district, less any salary paid to the decedent prior to his death.

Section § 45042

Explanation

This section allows a school district's governing board to create a different way to calculate the salary of employees who need certification and work less than a full school year.

Instead of using regular salary calculations, the board can deduct only the amount paid to a substitute teacher, or what would have been paid if a substitute was hired, from the employee's salary.

This deduction is based on the district's pay rates for substitutes. This method can only be used if the school board approves it for individual employees, and it's limited to five days per school year per employee.

Notwithstanding the provisions of Section 45041, the governing board of a school district may adopt an alternative method of computing the salary received by a person requiring certification qualifications who serves less than a full school year.
Such method shall include the deduction from the employee’s regular salary of only that amount actually paid to a substitute or, if a substitute is not employed, the amount which would have been paid to a substitute had a substitute been employed.
For the purposes of this section, the amount which would have been paid to a substitute is that amount established by the district in a published salary schedule for substitute employees.
Such alternative method shall only be applied upon authorization by the school board based upon individual employee application and shall be limited to no more than five days per school year for each employee.

Section § 45043

Explanation

If someone starts a job at a school requiring certification during the second semester, they must be paid at least half of what they would earn for the entire year in that role.

Notwithstanding the provisions of Section 45041 or any other provision of law to the contrary, if a person is employed by a school district in a position requiring certification qualifications at the beginning of the second semester of a school year for services during that semester, the compensation of such employee shall be not less than one-half of the annual compensation for that position.

Section § 45044

Explanation

If a school district decides to raise the salaries of its certified employees starting from the second semester, there are specific rules about compensation. For the first semester, these employees should not earn more than half of what their old annual salary was. However, for the second semester, they should not earn less than half of what their new annual salary will be. This rule doesn't stop the school board from deciding when a salary increase can take effect.

Whenever a salary schedule increasing the salaries of its certificated employees is adopted by a school district to be effective at the commencement of the second semester of a school year:
(a)CA Education Code § 45044(a) The compensation of such employees shall not exceed one-half of the annual compensation for their positions under the former salary schedule for services during the first semester.
(b)CA Education Code § 45044(b) The compensation of such employees shall not be less than one-half of the annual compensation for their positions under the newly adopted salary schedule for services during the second semester.
This section shall not be construed to limit the time at which any salary increase ordered by the governing board shall become effective.

Section § 45045

Explanation

This law explains how salaries should be adjusted for teachers employed year-round in a district that changes its schedule to have school all year long. If a teacher used to work 9- or 10-month terms, their pay will be adjusted based on how much longer they'll be teaching under the new schedule compared to before.

The law also states that teachers cannot be made to teach more than 180 days (or the number of days school was held before the change to year-round school) in a year without their consent. However, the school district still has the authority to make decisions about school operations and teacher assignments.

When a school district operates on a year-round schedule pursuant to Chapter 5 (commencing with Section 37600) of Part 22 of this division, the salary of an employee who is employed for the extended school year and who previously had been assigned to a 9- or 10-month teaching position in the same district shall be adjusted in accordance with the ratio of the extension in the number of days expected to be taught by said employee to the number of days expected to be taught by employees in the district in the school year prior to the commencement of year-round operation.
A full-time probationary or permanent classroom teacher currently employed by a school district which converts to a continuous school program shall not, without his written consent, be required to teach under such program more than 180 days during a school year, or more than the number of days the schools of the district were maintained during the year preceding implementation of the continuous school program, whichever is the greater. This section shall not be construed as limiting the power of school district governing boards to govern the schools of the district, including the assignment of teachers employed by the district.

Section § 45046

Explanation

This law allows school districts with continuous school programs to adjust the salaries of participating teachers. The aim is to ensure that teachers earn the same total salary over the year as they would if they weren't part of this program, even if the pay schedule starts on a date other than July 1.

Except as otherwise provided in Section 45045, the governing board of a school district in which a continuous school program is in operation pursuant to Chapter 5 (commencing with Section 37600) of Part 22 of this division, but in fewer than all of the schools in the district or with fewer than all of the certificated employees participating therein, and in which revised salary schedules become effective on a date other than July 1, may adjust the salaries of certificated employees participating in the continuous school program so that the total amount payable to each such employee in a school year does not differ from the salary which would be payable to him over such a period if he were not participating in the program.

Section § 45047

Explanation

This law states that if someone who works in a role that needs certification serves on a commission for professional competence, it won't be considered as time taken off from their job. Additionally, the salary of such a person won't be reduced because a substitute is hired or might have been hired to cover their duties during their service on the commission.

Service on a commission on professional competence pursuant to Section 44944, in the employing school district or in some other district, by a person employed by a district in a position requiring certification qualifications shall not be considered time off job with respect to Section 45041. Neither the amount paid to a substitute required to be hired to replace such a person serving on a commission on professional competence pursuant to Section 44945 in the employing school district or in some other district nor the amount which would have been paid to a substitute had a substitute been employed, shall be deducted from the person’s salary pursuant to Section 45042.

Section § 45048

Explanation

This law outlines the rules for paying salaries to school employees in California. Salaries should be paid between the last working day of the month and the fifth day of the following month. However, teachers working part-time in adult or special classes must be paid by the 10th day of the next month. For those on different payroll schedules, such as bi-weekly or bi-monthly, salaries should be paid by the eighth working day of the next period. If a salary is paid late, it must include interest for every day delayed.

Employees whose salaries increase must receive the new amount within three pay periods or three months of submitting necessary paperwork. Late salary increases must also include daily interest from when the increase was due. Lastly, there's no restriction on paying salaries early if a school district wishes to do so.

(a)CA Education Code § 45048(a) Each salary payment for any calendar month may be made on the last working day of the month and shall be paid not earlier than the last working day of the month and not later than the fifth day of the succeeding calendar month except that teachers employed for less than full time in classes for adults, in a day or evening high school, or in a special day or evening class maintained in connection with an elementary school shall be paid on or before the 10th day of the succeeding calendar month for services performed during the preceding calendar month.
(b)CA Education Code § 45048(b) If the school district provides for the payment of the salary of employees employed in positions requiring certification qualifications once each two weeks, twice a month, or once each four weeks, pursuant to Section 45038, each salary payment may be made on the last working day of the regular payroll period and shall be made not earlier than the last working day of the regular payroll period and not later than the eighth working day of the following regular payroll period.
(c)CA Education Code § 45048(c) If a salary payment is not made timely as required by this section, the amount of the salary payment due shall be increased by an amount of interest on the unpaid amount for each day of delay.
(d)CA Education Code § 45048(d) A certificated employee of a school district who qualifies for a salary increase shall be paid the increased salary not later than three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the school district does not pay the employee his or her salary increase within three regular pay periods or three months, whichever period is longer, after the employee files proper documentation where required for the salary increase. All amounts due the employee resulting from the salary increase and not paid to the employee at the time that the employee actually receives the salary increase shall be paid to the employee within 20 business days of the date that the employee actually received the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the district does not pay the employee all amounts due the employee resulting from the salary increase within 20 business days following the date that the employee actually received the salary increase.
(e)CA Education Code § 45048(e) The amount of interest required by subdivisions (c) and (d) shall be determined by the method established in Section 19521 of the Revenue and Taxation Code.
(f)CA Education Code § 45048(f) This section shall not prohibit a school district from making a payment of earned salary before the last working day of the month or regular payroll period.

Section § 45049

Explanation

This law outlines how school districts in California should pay their certificated employees for extra work, like teaching summer school, beyond their regular duties.

If a district pays in a lump sum, it must be within 10 days of finishing the work. If payments are hourly or monthly, they're due within 10 days of the pay period ending.

If payments are late, the pay must include interest. Employees due for a salary increase should get it within three regular pay periods or three months, whichever is longer, and if delayed, interest applies. Unpaid amounts must be settled within 20 business days of receiving the increase.

Interest calculations follow rules from a specific tax code section.

(a)CA Education Code § 45049(a) When any school district employs a certificated employee to perform teaching or other services in addition to his or her regular teaching duties, or when a school district employs a certificated employee to perform teaching or other services at a summer school maintained by the district, the district shall pay the employee for the services either in one lump sum or at an hourly, daily, biweekly, quadriweekly, or monthly rate of pay. If the pay is in one lump sum, the district shall pay the employee within 10 days after the termination of the services. If the pay is at an hourly, daily, biweekly, quadriweekly or monthly rate, the district shall pay the employee within 10 days after the end of each calendar month or regular pay period during which the services are performed.
(b)CA Education Code § 45049(b) If a salary payment is not made timely as required by this section, the amount of the salary payment due shall be increased by an amount of interest on the unpaid amount for each day of delay.
(c)CA Education Code § 45049(c) A certificated employee of a school district who qualifies for a salary increase shall be paid the increased salary not later than three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the school district does not pay the employee his or her salary increase within three regular pay periods or three months, whichever is longer, after the employee files proper documentation where required for the salary increase. All amounts due the employee resulting from the salary increase and not paid to the employee at the time that the employee actually receives the salary increase shall be paid to the employee within 20 business days of the date that the employee actually received the salary increase. The district shall additionally pay the employee daily interest on the amount owed to the employee calculated from the date that the employee was entitled to the salary increase if the district does not pay the employee all amounts due the employee resulting from the salary increase within 20 business days following the date that the employee actually received the salary increase.
(d)CA Education Code § 45049(d) The amount of interest required by subdivisions (b) and (c) shall be determined by the method established in Section 19521 of the Revenue and Taxation Code.

Section § 45050

Explanation

This law allows a district to issue a single payroll warrant that covers the salaries or wages of two or more employees, instead of issuing separate warrants for each employee.

Instead of issuing a single warrant to each employee for salary or wages the district may use a payroll form of warrant making payment to two or more employees on one payroll warrant.

Section § 45051

Explanation

This law states that when a payroll warrant, which is a type of payment form, is used, it needs to be approved first. Once approved, it should be sent to the county treasurer, who then ensures the employee gets paid.

When the payroll form of warrant is used, the approved and allowed payroll warrant shall be deposited with the county treasurer, who shall make payment to the employee or his order.

Section § 45052

Explanation

This law states that if a payroll warrant is being used, the list must include the names of each employee.

When the payroll form of warrant is used the name of each employee shall be listed.

Section § 45055

Explanation

In simple terms, this law says that a teacher won't get paid unless the responsible officer is sure that the teacher has done all their job duties properly.

Except as otherwise provided in this code, no warrant shall be drawn in favor of any teacher, unless the officer whose duty it is to draw the warrant is satisfied that the teacher has faithfully performed all the duties prescribed.

Section § 45056

Explanation

If someone works for two or more school districts in the same county, the school boards of those districts can allow the county superintendent to handle their payroll. This means the superintendent can pay the person's total salary and then collect the right amounts from each district's funds to reimburse the county school service fund.

Whenever a person is employed by two or more districts under the jurisdiction of a single county superintendent of schools, the governing boards of the districts may authorize, in writing, the county superintendent of schools to act as their agent in the payment of the salaries due such person from the districts. If such authorization is given, the county superintendent of schools may draw a warrant on the county school service fund in payment of the total salaries due such person and shall immediately draw requisitions in favor of the county school service fund against the proper funds of each district for the amount paid by him to such person on account of such district.

Section § 45057

Explanation

This law states that a school district cannot pay a teacher their last month's salary for the fiscal year until the teacher has submitted all required reports to the county superintendent. Once the reports are filed, the payment must be made within 10 days if it is after the regular payday or the end of the last month of service.

The salary payment due a certificated employee for his last month of service in any district during any fiscal year shall not be approved by the county superintendent of schools until all reports required from the employee have been filed with the superintendent. Such payment shall be made within 10 calendar days after the filing of all such reports if after the regular payday or the last month of service.

Section § 45058

Explanation

This law says that if a school district teacher or certificated staff does not file required reports on time, the county superintendent of schools can tell the district to hold back their paycheck. The salary won't be paid until the superintendent gives written permission.

Whenever reports are required to be filed with the county superintendent of schools by certificated employees of districts authorized to issue warrants under the provision of Section 42647 and such reports have not been filed, the county superintendent of schools may direct the district in writing to withhold the salary payment due the certificated employee involved. Said payment should not be released to the certificated employee until directed in writing by the county superintendent of schools.

Section § 45059

Explanation

This law explains how school district employees in California are paid if they take military or naval leave. It specifies that if the job requires certification, like a teaching position, the pay for 30 days absence is calculated as one-tenth of their annual salary. If the job does not require certification, like support staff roles, the pay for 30 days is a month's salary.

For the purposes of Military and Veterans Code Section 395 or any other provision of law providing for the payment of salary or compensation as such employee to an employee of a school district while absent from duty because engaged in ordered military or naval duty, his salary or compensation as such employee for 30 days shall (a) with respect to an employee serving in a position requiring certification qualifications be deemed to be one-tenth of the annual salary established for such position and (b) with respect to an employee serving in a position not requiring certification qualifications be deemed to be one month’s salary.

Section § 45060

Explanation

This law outlines how public schools in California must handle payroll deductions for union or professional organization dues. If a certificated employee wants dues deducted from their salary, they must submit a written request, which can be revoked in writing. Schools must send these deducted amounts to the respective organizations by a specific deadline. Changes in deduction amounts must be communicated in time to allow employees to adjust or revoke authorization. Importantly, the school board can't demand new authorization unless an employee organization confirms. Requests to change or stop deductions should go through the organizations, not the school. Schools also rely on organizations for correct deduction information, with the organizations bearing responsibility for any errors.

(a)CA Education Code § 45060(a) Except as provided in Section 45061, the governing board of each public school employer, when drawing an order for the salary payment due to a certificated employee of the employer, shall reduce the order by the amount which it has been requested in a revocable written authorization by the employee to deduct for the purpose of paying the dues of the employee for membership in any local professional organization or in any statewide professional organization, or in any other professional organization affiliated or otherwise connected with a statewide professional organization which authorizes the statewide organization to receive membership dues on its behalf, or to deduct for the purpose of paying dues in, or for any other service, program, or committee provided or sponsored by, any certified or recognized employee organization, of which the employee is a bargaining unit member, whose membership consists, in whole or in part, of employees of the public school employer, and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of the employees. Any revocation of a written authorization shall be in writing and shall be effective provided the revocation complies with the terms of the written authorization.
(b)CA Education Code § 45060(b) Unless otherwise provided in an agreement negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board shall, no later than the 10th day of each pay period for certificated employees, draw its order upon the funds of the employer in favor of the organization designated by the employee for an amount equal to the total of the dues or other deductions made with respect to that organization for the previous pay period and shall transmit the total amount to that organization no later than the 15th day of each pay period for certificated employees. When timely transmittal of dues or other payments by a county is necessary for a public school employer to comply with the provisions of this section, the county shall act in a timely manner. The governing board may deduct from the amount transmitted to the organization on whose account the dues or other payments were deducted the actual reasonable costs of making the deduction.
(c)CA Education Code § 45060(c) The revocable written authorization shall remain in effect until expressly revoked in writing by the employee, pursuant to the terms of the written authorization. Whenever there is a change in the amount required for the payment to the organization, the employee organization shall provide the employee with adequate and necessary data on the change at a time sufficiently prior to the effective date of the change to allow the employee an opportunity to revoke the written authorization, if desired and if permitted by the terms of the written authorization. The employee organization shall provide the public school employer with notification of the change at a time sufficiently prior to the effective date of the change to allow the employer an opportunity to make the necessary adjustments and with a copy of the notification of the change which has been sent to all concerned employees.
(d)CA Education Code § 45060(d) The governing board shall not require the completion of a new deduction authorization when a dues or other change has been effected or at any other time without the express approval of the concerned employee organization.
(e)CA Education Code § 45060(e) The governing board shall honor the terms of the employee’s written authorization for payroll deductions. Employee requests to cancel or change authorizations for payroll deductions for employee organizations shall be directed to the employee organization rather than to the governing board. The employee organization shall be responsible for processing these requests. The governing board shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on that information.
(f)CA Education Code § 45060(f) A certified or recognized employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to submit to the governing board of a public school employer a copy of the employee’s written authorization in order for the payroll deductions described in this section to be effective, unless a dispute arises about the existence or terms of the written authorization. The employee organization shall indemnify the public school employer for any claims made by the employee for deductions made in reliance on its notification.

Section § 45061

Explanation

This law requires school districts to deduct service fees directly from an employee's salary if there is an agreement with the employee's representative organization. However, employees can choose to pay fees directly instead of having them deducted. If employees don't allow the board to handle deductions, the board can subtract deduction costs from what is paid to the organization, but only up to the actual cost incurred by the district.

The governing board of each school district when drawing an order for the salary or wage payment due to a certificated employee of the district shall, with or without charge, reduce the order for the payment of service fees to the certified or recognized organization as required by an organizational security arrangement between the exclusive representative and a public school employer as provided under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. However, the organizational security arrangement shall provide that any employee may pay service fees directly to the certified or recognized employee organization in lieu of having such service fees deducted from the salary or wage order.
If the employees of a district do not authorize the board to make a deduction to pay their pro rata share of the costs of making deductions for the payment of service fees to the certificated or recognized organization, the board shall deduct from the amount transmitted to the organization on whose account the payments were deducted the actual costs, if any, of making the deduction. No charge shall exceed the actual cost to the district of the deduction. These actual costs shall be determined by the board and shall include startup and ongoing costs.

Section § 45061.5

Explanation

This law mandates that when a school district deducts dues or fees from a certificated employee's salary to give to an employee organization, it must send the deducted money to the organization within 15 days of the employee's paycheck issuance.

If the school district fails to do so, the employee organization or the affected employee can sue. In such legal actions, the court may award attorney fees and costs to the winning party if they ask for them.

Additionally, there is no opportunity for a school district or county office of education to seek a waiver to bypass this requirement, and the State Board of Education cannot grant such a waiver either.

(a)CA Education Code § 45061.5(a) Notwithstanding any other law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a certificated employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee.
(b)Copy CA Education Code § 45061.5(b)
(1)Copy CA Education Code § 45061.5(b)(1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section.
(2)CA Education Code § 45061.5(b)(2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney fees and costs to the prevailing party if any party to the action requests attorney fees and costs.
(c)CA Education Code § 45061.5(c) A school district or county office of education may not request, and the State Board of Education may not grant, a waiver of compliance with this section.