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May 28, 1996
TO:
All County Superintendents of Schools
District Superintendents of Schools
Community College Districts
Other Employing Agencies.
FROM:
EXECUTIVE OFFICE
SUBJECT:
Administrative Directive 96-02
Minimum Standards for Full-Time Service and Compensation.
PURPOSE
The purpose of this directive is to inform employers of the
enactment of AB 1122 (Chapter 390, Statutes of 1995). This legislation
amended California Education Code Sections 22115 and 22701;
added Sections 22106.5, 22112.5, 22138.5, 22138.6 and 22175;
and repealed Sections 22116, 22153 and 22702.
SCOPE
This directive impacts all County Superintendents of Schools,
school districts, community college districts, and other employing
agencies that employ individuals in positions covered by the
State Teachers' Retirement System (STRS).
DISCUSSION
Chapter 390, Statues of 1995, repealed the existing definition
of "full-time" in the Teachers' Retirement Law and adds a new
definition under Education Code Section 22138.5. This section
establishes appropriate minimum standards for full-time employment
for various classes of employees in kindergarten through grade
12, and community college, for the purpose of determining compensation
earnable for final compensation and service credit. Under the
provisions of this section, employers are still required to
establish a specific standard for full-time employment for any
class of employees that is no less than the minimum standard
applicable to that class.
This legislation also added several sections that define
terms used within the definition of "full-time," amended the
definition of "compensation earnable," and repealed provisions
that were made obsolete by these changes. The provisions of
this legislation will become operative on July 1, 1996.
The term "full-time" has been defined as the days or hours
of creditable service the employer requires to be performed
by a class of employees in a school year to earn the annual
compensation specified under the terms of a collective bargaining
agreement or employment agreement. Full-time for the purpose
of crediting service may not be less than the following minimum
standards:
Kindergarten through Grade 12
(1) The minimum standard for teachers and all other persons
who work directly with pupils, and whose work calendar is
based on the period of instruction, such as counselors, librarians,
psychologists and nurses, is 175 days or 1,050 hours per year.
(2) The minimum standard for program managers* and principals
employed at a school site, district office or county office
of education is 190 days or 1,520 hours per year.
(3) The minimum standard for administrators at a school
site or district office, who are not included in (2) above,
is 190 days or 1,520 hours per year.
(4) The minimum standard for administrators at a county
office of education, who are not included in (2) or (3)
above and whose work calendar extends beyond the period
of instruction, such as deputy, assistant and associate
superintendents, superintendents and directors, is 215 days
or 1,720 hours per year, including school and legal holidays.
Community College
(1) The minimum standard for instructors and all other persons
who are not administrators or program managers, and whose
employment is annual or hourly, is 30 teaching units
per year of not less than 35 weeks in duration. (Please refer
to the definition of "teaching units" on page 4 of this directive.)
(2) The minimum standard for instructors and all other
persons who are not administrators or program managers,
and whose employment is daily, is 175 days per year.
(3) The minimum standard for all program managers* at
a school site or district office, and for all administrators,
except as provided in (4) below, is 190 days or 1,520 hours
per year.
(4) The minimum standard for administrators at a district
office who are not included in (3) above is 215 days or
1,720 hours, including school and legal holidays pursuant
to the policy adopted by the board for administrators at
a district office.
Adult Education
(1) The minimum standard for adult education programs in any
kindergarten through grade 12 school district is 1,050 hours
per year, or 30 hours per week for 35 weeks per year.
(2) The minimum standard for adult education programs
in any community college district is 30 hours per week for
35 weeks per year or 1,050 hours per year.
* Program managers may include individuals who serve as advisers,
coordinators, consultants, or developers or planners of curricula,
instructional materials or programs.
The term "class of employees" has been defined under the
provisions of Education Code Section 22112.5 to mean a number
of employees considered as a group because they are employed
to perform similar duties, are employed in the same type of
program, or share other similarities related to the nature
of the work being performed. An example of a "class of employees"
could be counselors in a high school district. In no event,
may one employee be considered a class for the purpose of
determining full-time.
The employer must determine the specific classes of employees
and the applicable full-time equivalent for each class. Currently,
for example, Adult Education instructors are considered a
single class. If the various groups of Adult Education teachers
in a school district are required to teach a different number
of base days or hours, the Adult Education teachers may actually
belong to more than one class. That is, ROP teachers would
be a separate class of employees if they were required to
work a different number of days than teachers in the regular
Adult Education after school.
A definition of "full-time equivalent" has been added under
the provisions of Education Code Section 22138.6. The "full-time
equivalent" is the time that a person who is employed on a
part-time basis would be required to serve if employed full-time
in that position for the school year. For example, if full-time
for high school counselors in a particular district is 180
days, then the full-time equivalent for a counselor hired
by that district on a part-time basis would be 180 days for
that school year.
Section 22175 was added to the Education Code to define
"teaching units" as the instructional workload component of
a community college instructor's full-time assignment. This
may be expressed in other terms at the community college district,
including "academic units," "lecture hour equivalents," "load
hours" or "load units." Full time must include time for duties
which are required to be performed as part of the full-time
assignment, even if that time is not included in the expression
of teaching units. If a position is considered to have a higher
or lower "load factor," the employer is responsible for determining
the number of units that equal 15 teaching units per semester
or 30 teaching units per school year. (Please refer to Attachment
I.)
ACTION
Employers must establish the full-time equivalent (FTE) for
each hourly or daily part-time and substitute position for which
member service is reported on and after July 1, 1996. The FTE
for the position may not be less than the minimum standard for
the applicable class of employees as specified under the provisions
of Section 22138.5. (Please refer to Attachment II.)
The employer must determine the compensation earnable for
creditable service performed by a member who is employed in
an hourly or daily part-time or substitute position by multiplying
the applicable FTE by the hourly or daily pay rate for the
position. (Please refer to Attachment III.)
Because there will no longer be a uniform standard for full-time
in an hourly or daily position, STRS will not be able to calculate
the compensation earnable for members employed on an hourly
or daily basis. All hourly and daily service performed by
members on and after July 1, 1996, must therefore be reported
to STRS with an annual pay rate and pay code. All service
for each month be reported as creditable unless determined
by STRS to be non-creditable. Any service determined by STRS
to be non-creditable, (i.e., overtime or summer school) must
still be reported as such to the System.
Hourly and daily part-time and substitute service for employees
who are not members must continue to be reported with the
hourly or daily pay rate and corresponding pay code. This
is necessary to determine when the employee has qualified
for membership because service in the position has exceeded
10 days or 60 hours in a pay period for part-time employment,
or 100 days or 600 hours in the school year for substitute
employment.
Employer questions regarding this Administrative Directive
should be directed to the Reporting Section of the STRS Membership
Division. Any concerns with implementing the reporting system
requirements to comply with this legislation should be directed
to Al Ray, Reporting Section Manager, at (916) 229-3261.
Signed,
JAMES D. MOSMAN
Chief Executive Officer
Attachment
Attachments
Attachment One
State Teachers Retirement System
Job Aid
Full-Time Equivalent for Community Colleges
The minimum Full-Time Equivalent (FTE) for Community College
Instructors is 30 Teaching Units per year for a duration of
at least 35 weeks. This would equate to 15 Teaching Units per
semester. Many districts express or define "Teaching Units"
as lecture hour equivalents, academic units, load hours, load
units, semester hours, or some other similar term which represents
the instructional workload component of a full-time instructor's
assignment. It is the employer's responsibility to determine
the instructional workload that would equate to 30 Teaching
Units per semester for each class of instructors.
The following are two examples for converting instructional
workload to Teaching Units, as defined pursuant to Education
Code Section 22175:
Full-Time Assignment Varies by Subject/Discipline
|
Statutory FTE |
District Full-Time Instructional Workload |
|
| Subject/Discipline |
Per Year |
Per Semester |
Per Year |
Conversion Factor |
| ESL (English as a Second Language) |
30 Teaching Units |
12 Teaching Hours |
24 Teaching Hours |
1.250
(30/24) |
| AG (Agricultural Business) |
30 Teaching Units |
18 Teaching Hours |
36 Teaching Hours |
0.833
(30/36) |
Examples:
A. Part-Time Instructor's Annual Assignment
is 8 Teaching Hours of ESL:
1. 8 Teaching Hours x 1.250 Conversion Factor = 10 Teaching
Units/year.
2. 10 Teaching Units / 30 Teaching Units = 0.333 Service Credit.
B. Part-Time Instructor's Annual Assignment is
24 Teaching Hours of AG Business:
1. 24 Teaching Hours x .833 Conversion Factor = 19.992 Teaching
Units per year.
2. 19.992 Teaching Units / 30 Teaching Units = 0.666 Service
Credit.
Full-Time Assignment Varies by Lecture/Laboratory Course
Assumptions:
1. District Full-Time Instructional Workload =
30 Load Units.
2. 1 Load Unit = 1 Teaching Unit.
3. 1 Lecture Hour = 1.0 Load Unit.
4. 1 Laboratory Hour = 0.7 Load Unit.
Example:
A chemistry course consists of 3 Lecture Hours
and 2 Laboratory Hours.
Part-Time Instructor's Annual Assignment is 4 chemistry classes
(12 Lecture Hours + 8 Lab Hours):
a. 12 x 1.0 Load Units = 12.0
b. 8 x 0.7 Load Units = 5.6
c. =17.6 Load Units or Teaching Units.
d. 17.6/30 Teaching Units = 0.587 Service Credit.
END
Attachment II
Part One
State Teachers Retirement System
Job Aid
MINIMUM STANDARDS FOR FULL-TIME SERVICE
Following are the minimum standards for full-time service and
compensation as provided in Education Code Section 22138.5,
effective July 1, 1996.
Program |
Class of Employees |
Minimum Standard |
| Kindergarten thru Grade 12 |
Teachers and all others who work directly with pupils,
such as counselors, librarians, psychologists and nurses. |
175 days or 1,050 hours per year |
| Program managers* and principals at a school site,
district office, or county office of education. |
190 days or 1,520 hours per year |
| Other administrators at a school site or district
office. |
190 days or 1,520 hours per year |
| Administrators at a county office of education who
are not included in the above classes, and whose work
calendar extends beyond the period of instruction, such
as deputy, assistant and associate superintendents,
superintendents and directors. |
215 days or 1,720 hours per year (includes school
and legal holidays) |
| Community College |
Instructors and all others who are not administrators
or program managers* and are employed on an hourly or
annual basis. |
30 teaching units per year of not less than
35 weeks in duration. (NOTE: The law does not specify
minimum hours (refer to the definition of "teaching
units"). |
| Instructors and all others who are not administrators
or program managers* and are employed on a daily basis. |
175 days per year |
| Program managers* and administrators who are not included
in the following class. |
190 days or 1,720 hours (including school and legal
holidays pursuant to policy adopted by district board
for administrators at a district office). |
| Adult Education |
Kindergarten thru Grade 12 |
1,050 hours per year, or 30 hours per week for 35
weeks per year. |
| Community College District. |
30 hours per week for 35 weeks per year, or 1,050
hours per year. |
* NOTE: Program managers may include individuals who serve as
advisers, coordinators, consultants, or developers or planners
of curricula, instructional materials or programs.
END
Attachment II
Part Two
State Teachers Retirement System
Definitions
MINIMUM STANDARDS FOR FULL-TIME SERVICE
Education Code Section |
Term |
Definition |
| Section 22106.5 |
Basis of Employment |
The standard of time over which the employer expects
service to be performed by an employee in the position
during the school year. |
| Full-Time Basis |
A basis of employment that is "full time," as defined
pursuant to Section 22138.5. |
| Part-Time Basis. |
A basis of employment that is less than "full-time,"
as defined pursuant to Section 22138.5 (would include
daily substitute service in K-12). |
| Section 22112.5 |
Class of Employees |
A number of employees considered as a group because
they are employed to perform similar duties, are employed
in the same type of program, or share other similarities
related to the nature of the work being performed.
NOTE: In no event may one employee be considered
a class or group. |
| Section 22115 |
Compensation Earnable |
The annual compensation that a person would earn if
he or she were employed on a full-time basis and worked
full time in that position. |
| Section 22138.5 |
Full-Time |
The days or hours of creditable service the employer
require to be performed by a class of employees in a
school year in order to earn the compensation earnable
as defined in Section 22115 and specified under the
terms of a collective bargaining agreement or employment
agreement.
NOTE: For purposes of crediting service, "full-time"
shall not be less than the minimum standards specified
in Section 22138.5. |
| Section 22138.6 |
Full-Time Equivalent |
The time that a person who is employed on a part-time
basis would be required to serve in a school year if
he or she were if he or she were employed full-time
in that position. |
| Section 22175 |
Teaching Units |
The instructional workload component of a community
college instructor's full-time assignment, which may
also be expressed by community college districts in
other terms including, but not limited to, "lecture
hour equivalents", "academic units", "load hours", or
"load units". |
NOTE: A full-time equivalent (FTE) must be established for each
hourly or daily part-time and substitute position for which
member service is reported on or after July 1, 1996. The FTE
must not be less than the minimum standard for the applicable
class of employees as specified under the provisions of Section
22138.5.
END
Attachment III
State Teachers Retirement System
Job Aid: Examples
Full-Time Compensation Earnable Calculations for Substitute/Part-Time
Daily/Hourly STRS Members.
| DAILY EMPLOYEES: Full-Time Base Days
X Daily Pay Rate = Full-Time Annual Compensation Earnable.
EXAMPLE:
183 (Days) X $100(per Day) = $18,300 (Annual Compensation
Earnable) |
| HOURLY EMPLOYEES: Full-Time Base Days
X Full-Time Base Hours X Hourly Pay Rate = Full-Time
Annual Compensation Earnable.
EXAMPLE:
183 (Days) X 6 (Hours per Day) X $15 (per Hour)
= $16,470 (Annual Compensation Earnable).
35 Weeks X 15 Units per Week X $35 (per Unit) =
$18,375 (Annual Compensation Earnable). |
REPORTING EXAMPLES:
Memb Code |
Ass't Code |
Pay Rate |
Pay Code |
Earn'gs |
Cont'b Rate |
Cont'b Code |
Cont'b Amt. |
SvcPd Begin |
SvcPd End |
Rpt Pd. |
| 1 |
54 |
18300.00 |
0 |
1000.00 |
08.00 |
1 |
80.00 |
0901 |
0930 |
03 |
| 1 |
55 |
16470.00 |
0 |
900.00 |
08.00 |
1 |
72.00 |
0901 |
0930 |
03 |
END
Administrative Directive AD96-02 posted: March 31, 1997
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