Employment—certificated EmployeesSalaries
Section § 45022
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.
Section § 45023
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.
Section § 45023.5
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.
Section § 45024
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.
Section § 45025
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.
Section § 45028
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.
Section § 45029
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.
Section § 45030
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.
Section § 45031
This law states that home teachers' salaries are covered by special school funds of the city or district.
Section § 45032
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.
Section § 45033
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.
Section § 45034
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.
Section § 45035
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.
Section § 45036
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.
Section § 45037
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.
Section § 45038
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.
Section § 45039
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.
Section § 45040
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.
Section § 45041
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.
Section § 45042
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.
Section § 45043
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.
Section § 45044
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.
Section § 45045
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.
Section § 45046
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.
Section § 45047
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.
Section § 45048
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.
Section § 45049
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.
Section § 45050
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.
Section § 45051
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.
Section § 45052
This law states that if a payroll warrant is being used, the list must include the names of each employee.
Section § 45055
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.
Section § 45056
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.
Section § 45057
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.
Section § 45058
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.
Section § 45059
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.
Section § 45060
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.
Section § 45061
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.
Section § 45061.5
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.