Cautionary Notice: As added and amended by SBX3 4 (Ch. 12, Third Extraordinary Session, Statutes of 2009) and ABX4 2 (Ch. 2, Fourth Extraordinary Session, Statutes of 2009), Education Code 42605 grants districts flexibility in "Tier 3" categorical programs. The Carlsbad Unified School District has accepted this flexibility and thus is deemed in compliance with the statutory or regulatory program and funding requirements for these programs for the 2008-09 though 2012-2013 fiscal years. As a result, the district may temporarily suspend certain provisions of the following policy or regulation that reflect these requirements. For further information, please contact the Superintendent or designee.
The Board of Trustees may hire retired certificated individuals who possess unique knowledge and experience to perform specialized work of a limited duration.
Any retired certificated individual who is a member of the defined benefit program of the State Teachers' Retirement System (STRS) and who is hired by the district to perform services pursuant to this administrative regulation shall not make contributions to the retirement fund or accrue service credit based on compensation earned from that service. (Education Code 24214)
Any retired individual hired under this administrative regulation shall be paid at a rate commensurate with that of other district employees performing comparable duties. (Education Code 24214)
Beginning July 1, 2010, any certificated individual who is a member of STRS and who retires from service below normal retirement age shall not be hired for service pursuant to this administrative regulation for at least six calendar months after his/her retirement from service. (Education Code 24214.5)
Postretirement Compensation Limitation
Upon retaining the services of a retired individual as a district employee, employee of a third party, or an independent contractor, the Superintendent or designee shall: (Education Code 22461, 24214)
1. Advise the retired individual of the postretirement compensation limitation set forth in Education Code 24116, 24214, and 24215
2. Maintain accurate records of the retired individual's compensation and report the compensation to STRS and the individual monthly regardless of the method of payment or the fund from which the payments are made
When employing a retired individual eligible for any of the exemptions from the postretirement compensation limitation stated below, the Superintendent or designee shall submit to STRS, no later than June 30 of the school year for which the exemption is to apply, all required documentation to substantiate eligibility for the exemption. (Education Code 24216, 24216.5, 24216.6)
Exemption for Providing Specified Instructional Services
Until June 30, 2012, any retired certificated individual employed by the district shall be exempt from the compensation limitation for members of STRS provided that he/she retired from service with an effective date on or before January 1, 2009, and is employed to provide any of the following services: (Education Code 24216.5, 24216.6)
1. Direct classroom instruction to students in grades K-12
2. Support and assessment for new teachers through the Beginning Teacher Support and Assessment program pursuant to Education Code 44279.1-44279.7
(cf. 4131.1 - Beginning Teacher Support/Induction)
3. Support to individuals completing student teaching assignments
4. Support to individuals participating in an alternative certification program (Education Code 44380-44386) or a school paraprofessional teacher training program (Education Code 44390-44393)
(cf. 4112.21 - Interns)
(cf. 4222 - Teacher Aides/Paraprofessionals)
5. Instruction and student services to students enrolled in special education programs pursuant to Education Code 56000-56885
(cf. 4112.23 - Special Education Staff)
6. Instruction to students enrolled in English language learner programs pursuant to Education Code 400-410 and 430-446
(cf. 4112.22 - Staff Teaching Students of Limited English Proficiency)
7. Direct remedial instruction to students in grades 2-12 for the programs specified in Education Code 37252 and 37252.2
(cf. 5123 - Promotion/Acceleration/Retention)
(cf. 6179 - Supplemental Instruction)
Retired individuals who are exempt from the limitation on compensation shall be treated as part of a distinct class of temporary employees within the existing bargaining unit whose service may not be included in computing the service required as a prerequisite to attainment of or eligibility for classification as a permanent employee of the district. (Education Code 24216.5, 24216.6)
The compensation for the class of retired individuals shall be agreed to in the collective bargaining agreement between the district and the exclusive representative for the bargaining unit. (Education Code 24216.5, 24216.6)
Exemption for Appointment as Trustee/Administrator or for Emergency Situations
A retired certificated individual shall be exempt from the postretirement compensation limitation for a maximum period of 24 consecutive months if he/she is appointed by the Superintendent of Public Instruction as a trustee or administrator pursuant to Education Code 41320.1, appointed as a trustee pursuant to the Immediate Intervention/Underperforming Schools Program or the High Priority Schools Grant Program, or assigned to a position by the County Superintendent of Schools pursuant to Education Code 42122-42129. (Education Code 24216)
(cf. 0520.1 - High Priority Schools Grant Program)
Until June 30, 2012, a retired individual shall be exempt from the postretirement compensation limitation up to an additional one-half of the full-time position when employed in an emergency situation to fill a vacant administrative position requiring highly specialized skills, provided that all of the following conditions are met: (Education Code 24216)
1. The vacancy occurred due to circumstances beyond the district's control.
2. The recruitment process to fill the vacancy on a permanent basis is expected to extend over several months.
3. The employment is reported in a public meeting of the Board.
(cf. 9320 - Meetings and Notices)
4. The retired individual's termination of employment with the district is not the basis for the vacant administrative position.
The above exemptions shall not apply to any individual who has received additional retirement service credit pursuant to Education Code 22715 or 22716. A retiree who has received an additional service credit pursuant to Education Code 22714 or 22714.5 shall be ineligible for the above exemptions for one year from his/her effective date of retirement for service performed in any California district, community college district, or county office of education. (Education Code 24216)
(cf. 4117.13/4317.13 - Early Retirement Option)
Consultancy Contracts
A retired certificated employee serving as a consultant shall be retained as an employee and his/her service shall be limited in accordance with retirement system rules and regulations. (Education Code 35046)
To be eligible for consideration for a consultancy contract, a retired certificated employee must have served the district or the County Superintendent for at least 10 years and be at least 55 years of age. (Education Code 35046)
Retirement consultancy contracts are renewable annually for up to five years or until the employee reaches age 65, whichever comes first. (Education Code 35046)
Legal Reference:
EDUCATION CODE
400-410 English language acquisition program
430-446 English Learner and Immigrant Student Federal Conformity Act
22119.5 Creditable service, definition
22461 Notice of earnings limitation
22714 Encouragement of retirement
22714.5 2+2 service and year credit option under STRS
22715 Additional service credit
22716 Unpaid services
24116 Service at California State University
24214 Creditable service by retiree
24214.5 Postretirement compensation limit; members below normal retirement age
24215 Service at California State University
24216 Payments to retirants in excess of limitation
24216.5 Exemption from earnings limitation
24216.6 Exemption from earnings limitation
35046 Consultancy contracts
37252-37254.1 Supplemental instruction
41320.1 Appointment of trustee
44279.1-44279.7 Beginning Teacher Support and Assessment Program
44380-44386 Alternative certification program
44390-44393 School paraprofessional teacher training program
44830 Employment of certificated employees
44830.3 Employment of district interns
44929 Service credit under STRS; additional two years
44929.1 2+2 service and year credit option under STRS
52053-52055.55 Immediate Intervention/Underperforming Schools Program
52055.600-52055.662 High Priority Schools Grant Program
Management Resources:
WEB SITES
California State Teachers' Retirement System: http://www.calstrs.com
Regulation CARLSBAD UNIFIED SCHOOL DISTRICT
approved: June 10, 2009 Carlsbad, California
revised: March 24, 2010