Locating Local Public School District Salaries
There are more than 1,000 public school districts in the state of California, and each maintains its own salary schedule. Public school teachers’ salaries are established through multi-year collective bargaining agreements that expire in different years from district to district. Unfortunately, there is no single, up-to-date compendium of district salaries. The California Department of Education provides this catalog, which contains “lowest salary offered” figures for both districts and county offices of education. Unfortunately, the data are not formatted in a manner that displays the lowest salary offered to fully-credentialed public school teachers at the “BA + 30” level. Therefore, unless and until the CDE furnishes data that have been appropriately organized, we suggest you employ the following steps to identify the lowest salary offered to a fully-credentialed public school teacher, in order to meet the required of California Labor Code Section 515.8, as explained here. (Scroll to the bottom of the current page to view the law.)
1. Identify the public school district in which your private school is located
If you don’t know the name of the public school district in which your school is located, consult the CDE’s private school database. In the spreadsheet layout, the names of private schools appear in Column “D” and the names of their corresponding public school districts appear in Column “P.” (Schools are listed by county, with county names appearing in Column “B.”)
For purposes of illustration, let’s assume we’re seeking information applicable to a private school located in the San Diego Unified School District.
2. Locate Salary Information for the School District
Using a search engine (such as Google), type “San Diego Unified School District Certificated Salary Schedule” in the search box. Now, press the “Enter” key on your keyboard, and you will see a list of entries. Next, select the link reading “Salary Schedules | San Diego Unified School District.” When the page appears on your screen, scroll down the column with the heading “Effective on July 1, 2018 1% Increase,” until you see “Teachers.” Now, just click on the “Teachers” link and you will call up the district’s certificated salary schedule for the 2018-19 school year.
3. Find the Lowest Salary Offered to a Fully Certificated Teacher
You will want to locate the lowest salary offered at the “BA + 30” level. In this case, there is no such column, meaning you will need to use the lowest figure in the column closest to (but not lower than) “BA + 30.” In this case, it is the “BA + 36 or MA” column, and the lowest salary offered in that column is $49,427.42.
Next, you will need to calculate 70 percent of $49,427.42, which equals $34,599.20
4. To Determine the Minimum Salary Threshold for a Private School Teacher
A. Find the lowest salary offered to a public school teacher at the “BA+30” level by the public school district in which your private school is located. Multiply this figure by .7 and write the letter “A” next to the resulting amount.
B. Using the table below, find the 70 percent figure for the lowest salary offered to a fully-credentialed public school teacher by the county office of education for the county in which your private school is located. Write the letter “B” next to this figure.
C. Write down $33,803, and place the letter “C” next to this figure. (This is the figure we have ascertained to be the lowest statewide salary offered to a fully-credentialed public school teacher in 2018-19.)
D. The minimum salary to be paid a private school teacher deemed an exempt employee is the lesser of “A” and “B” as long as that amount is greater than “C.” If neither “A” or “B” is greater than “C,” then “C” ($33,803) is the minimum salary threshold.
County Office of Education Salaries (Updated 12-14-18)
|MADERA||BA+36 OR CRED||46,979.00||32,885.30|
|NEVADA||STRAIGHT LINE SCHEDULE||49,366.00||34,556.20|
|SAN FRANCISCO||Schedule III Step 1||57,654.00||40,357.80|
|SAN LUIS OBISPO||BA+45||46,151.00||32,305.70|
|SONOMA||BA+30 OR LESS||48,537.00||33,975.90|
The Current Law
California Labor Code Section 515.8.
(a) Section 510 does not apply to an individual employed as a teacher at a private elementary or secondary academic institution in which pupils are enrolled in kindergarten or any of grades 1 to 12, inclusive.
(b) For purposes of this section, “employed as a teacher” means that the employee meets all of the following requirements:
(1) The employee is primarily engaged in the duty of imparting knowledge to pupils by teaching, instructing, or lecturing.
(2) The employee customarily and regularly exercises discretion and independent judgment in performing the duties of a teacher.
(3) On and after July 1, 2017, the employee earns the following amount:
(A) For a full-time employee, the greater of the following:
(i) No less than 100 percent of the lowest salary offered by any school district to a person who is in a position that requires the person to have a valid California teaching credential and is not employed in that position pursuant to an emergency permit, intern permit, or waiver.
(ii) The equivalent of no less than 70 percent of the lowest schedule salary offered by the school district or the county office of education in which the private elementary or secondary academic institution is located to a person who is in a position that requires the person to have a valid California teaching credential and is not employed in that position pursuant to an emergency permit, intern permit, or waiver.
(B) For a part-time employee, the proportional amount of the salary identified in subparagraph (A) that is equal to the proportion of the full-time instructional schedule for which the part-time employee is employed.
(4) The employee has attained at least one of the following levels of professional advancement:
(A) A baccalaureate or higher degree from an accredited institution of higher education.
(B) Current compliance with the requirements established by the California Commission on Teacher Credentialing, or the equivalent certification authority in another state, for obtaining a preliminary or alternative teaching credential.
(c) When budgeting for a future school year, a private elementary or secondary academic institution may determine the salary requirements in paragraph (3) of subdivision (b) by referring to school salary schedules in effect for up to 12 months prior to the start of the school year.
(d) This section does not apply to any tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee.
(e) The exemption established in subdivision (a) is in addition to, and does not limit or supersede, any exemption from overtime established by a Wage Order of the Industrial Welfare Commission for persons employed in a professional capacity, and does not affect any exemption from overtime established by that commission pursuant to subdivision (a) of Section 515 for persons employed in an executive or administrative capacity.
(Amended by Stats. 2017, Ch. 99, Sec. 1. (SB 621) Effective January 1, 2018.)
CAPSO will continue to provide updates on the implementation of the new law. Stay tuned!