AD96-02 Minimum Standards for Full-Time Service and Compensation

Administrative Directive

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California Education Code Sections 22115 and 22701; added Sections 22106.5, 22112.5, 22138.5, 22138.6 and 22175; and repealed Sections 22116, 22153 and 22702.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Chapter 390, Statues of 1995, repealed the existing definition of “full-time” in the Teachers’ Retirement Law and adds a new definition under Education Code Section 22138.5.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that define terms used within the definition of “full-time,” amended the definition of “compensation earnable,” and repealed provisions that were made obsolete by these changes.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