2005 California Education Code Sections 44030-44049 Article 2. Rights and Duties

44030.  Any principal, teacher, employee, or school officer of any
elementary or secondary school who refuses or willfully neglects to
make such reports as are required by law is guilty of a misdemeanor
and is punishable by a fine of not more than one hundred dollars
($100).
44031.  (a) Every employee has the right to inspect personnel
records pursuant to Section 1198.5 of the Labor Code.
   (b) In addition to subdivision (a), all of the following shall
apply to an employee of a school district:
   (1) Information of a derogatory nature shall not be entered into
an employee's personnel records unless and until the employee is
given notice and an opportunity to review and comment on that
information.  The employee shall have the right to enter, and have
attached to any derogatory statement, his or her own comments.  The
review shall take place during normal business hours and the employee
shall be released from duties for this purpose without salary
reduction.
   (2) The employee shall not have the right to inspect personnel
records at a time when the employee is actually required to render
services to the district.
   (3) A noncredentialed employee shall have access to his or her
numerical scores obtained as a result of a written examination.
   (4) Except as provided in paragraph (3), nothing in this section
shall entitle an employee to review ratings, reports, or records that
(A) were obtained prior to the employment of the person involved,
(B) were prepared by identifiable examination committee members, or
(C) were obtained in connection with a promotional examination.
44032.  The governing board of any school district shall provide for
the payment of the actual and necessary expenses, including
traveling expenses, of any employee of the district incurred in the
course of performing services for the district, whether within or
outside the district, under the direction of the governing board.
44033.  The governing board of any school district may provide for
the reimbursement of employees of the district for the use of
automobiles owned by the employees and used in the performance of
regularly assigned duties, by establishing an allowance for such use
on a mileage or monthly basis.
44034.  Any classroom teacher who, in the interest of improving his
or her personal teaching techniques, wishes to use an audio recording
device in a classroom to record classroom instructional
presentations, may employ that device without the necessity of
obtaining the approval of the school principal or other school
officials.
44035.  Every permanent employee of a school district which becomes
in its entirety a part of a unified school district, and every
permanent employee of a school district employed in a school located
in a portion of a district which becomes a part of a unified school
district, where the whole of the district does not become a part of a
unified school district, shall become a permanent employee of the
unified school district.
44036.  (a) The governing board of a school district may grant
leaves of absence to employees to appear as a witness in court other
than as a litigant or to respond to an official order from another
governmental jurisdiction for reasons not brought about through the
connivance or misconduct of the employee.
   (b) The governing board of a school district may grant leaves of
absence to employees, in positions requiring certification
qualifications, regularly called for jury duty in the manner provided
for by law.
   (c) The governing board may grant such leaves of absence with pay
up to the amount of the difference between the employee's regular
earnings and any amount he receives for jury or witness fees.
44037.  The governing board of any district shall grant leave of
absence to any employee, serving in a position not requiring
certification qualifications, regularly called for jury duty in the
manner provided for by law.  The governing board shall grant such
leave with pay up to the amount of the difference between the
employee's regular earnings and any amount he receives as juror's
fees.
   It is unlawful for the governing board or personnel commission of
any school district to adopt or maintain any rule, regulation, or
policy which has as its purpose or effect a tendency to encourage
employees to seek exemption from jury duty, or to directly or by
indirection solicit or suggest to any employee that he seek exemption
from jury duty, or to discriminate against any employee with respect
to assignment, employment, promotion, or in any other manner because
of such employee's service on any jury panel.
   The board or personnel commission may, however, provide by rule
that only a percentage of its staff, which percentage shall not be
less than 2 percent, shall be granted such leave, with pay, at any
one time.
   Nothing in the foregoing provisions shall preclude the district
superintendent or his agent from discussing with the affected
employee the practicality of seeking exemption when acceptance would
tend to materially disrupt the district's operations.
44038.  The governing board of any school district may use school
district funds for cash deposits, when required to guarantee payment
for transportation purchased on credit for school district employees
or other representatives who are directed by the governing board to
travel on school district business.
44039.  The governing board of any school district may use school
district funds for cash deposits, when required to guarantee payment
for health plans purchased on credit for school district employees.
44039.5.  No contract with any insurer or other employee welfare
benefit provider shall be approved or renewed if an administrative
employee of a school district, as defined pursuant to subdivision (d)
of Section 33150, or any employee organization, as defined pursuant
to subdivision (d) of Section 3540.1 of the Government Code, or any
employee or agent thereof, has a direct financial interest in any
plan or program which is being approved or renewed. The provisions of
this section shall not apply to any employee welfare benefit fund
jointly administered by one or more employers and one or more
employee organizations or to any employee welfare benefit fund
established by the school district for the purpose of self insuring.
   As used in this section, "direct financial interest" means the
receipt of or entitlement to a commission, fee, or other
remuneration, including the payment of fees for administrative
services rendered on behalf of such plans.
44040.  It shall be unlawful for any person authorized to invoke
disciplinary action against any employee of a school district or
employee in the office of the county superintendent of schools either
in his individual capacity or as a member of any board, to invoke or
attempt to invoke disciplinary action against any such employee or
to discriminate against such employee in the terms, conditions and
privileges of employment solely because of the employee's appearance
before the governing board of a school district, the county board of
education, legislative committees, or any other duly constituted
governmental board, commission or council, whether such appearance
was undertaken voluntarily or otherwise.
   Violation of the provisions of this section shall be a
misdemeanor.
44041.  The governing board of each school district when drawing an
order for the salary payment due to employees of the district shall,
without charge, reduce the order by the amount which it has been
requested in a revocable written authorization by the employee to
deduct for any or all of the following purposes:  participating in a
deferred compensation program offered by the school district which
provides for investments in corporate stocks, bonds, securities,
mutual funds, or annuities, except as prohibited by the Constitution,
or paying premiums on any policy or certificate of group life
insurance for the benefit of the employee or for group disability
insurance, or legal expense insurance, or any of them, for the
benefit of the employee or his dependents issued by an admitted
insurer on a form of policy or certificate approved by the Insurance
Commissioner, or paying rates, dues, fees, or other periodic charges
on any hospital service contract for the benefit of the employee, or
his dependents, issued by a nonprofit hospital service corporation on
a form approved by the Insurance Commissioner pursuant to the
provisions of Chapter 11A (commencing with Section 11491) of Part 2
of Division 2 of the Insurance Code, or paying periodic charges on
any medical and hospital service agreement or contract for the
benefit of the employee, or his dependents, issued by a nonprofit
corporation subject to Part 2 (commencing with Section 5110) of, Part
3 (commencing with Section 7110) of, or Part 11 (commencing with
Section 10810) of, Division 2 of Title 1 of the Corporations Code, or
paying periodic charges on any legal services contract for the
benefit of the employee, or his dependents issued by a nonprofit
corporation subject to Part 3 (commencing with Section 7110) of, or
Part 11 (commencing with Section 10810) of, Division 2 of Title 1 of
the Corporations Code.  The governing board of the district shall,
beginning with the month designated by the employee and each month
thereafter until authorization for the deduction is revoked, draw its
order upon the funds of the district in favor of the insurer which
has issued the policies or certificates or in favor of the nonprofit
hospital service corporation which has issued hospital service
contracts, or in favor of the nonprofit corporation which has issued
medical and hospital service or legal service agreements or
contracts, for an amount equal to the total of the respective
deductions therefor made during the month.  The governing board may
require that the employee submit his authorization for the deduction
up to one month in advance of the effective date of coverage.
   "Group insurance" as used in this section shall mean only a bona
fide group program of life or disability or life and disability
insurance where a master contract is held by the school district or
an employee organization but it shall, nevertheless, include annuity
programs authorized by Section 403(b) of the Internal Revenue Code
when approved by the governing board.
44042.  School districts may, but shall not be required to, provide
payroll deduction for the collection of insurance premiums except as
expressly authorized by Section 44041.
44043.  Any school employee of a school district who is absent
because of injury or illness which arose out of and in the course of
the person's employment, and for which the person is receiving
temporary disability benefits under the workers' compensation laws of
this state, shall not be entitled to receive wages or salary from
the district which, when added to the temporary disability benefits,
will exceed a full day's wages or salary.
   During such periods of temporary disability so long as the
employee has available for the employee's use sick leave, vacation,
compensating time off or other paid leave of absence, the district
shall require that temporary disability checks be endorsed payable to
the district.  The district shall then cause the employee to receive
the person's normal wage or salary less appropriate deductions
including but not limited to employee retirement contributions.
   When sick leave, vacation, compensating time off or other
available paid leave is used in conjunction with temporary disability
benefits derived from workers' compensation, as provided in this
section, it shall be reduced only in that amount necessary to provide
a full day's wage or salary when added to the temporary disability
benefits.
44043.5.   (a) The governing board of a school district or county
office of education may establish a catastrophic leave program to
permit employees of that district or county office to donate eligible
leave credits to an employee when that employee or a member of his
or her family suffers from a catastrophic illness or injury.
   For the purposes of this section the following terms are defined
as follows:
   (1) "Catastrophic illness" or "injury" means an illness or injury
that is expected to incapacitate the employee for an extended period
of time, or that incapacitates a member of the employee's family
which incapacity requires the employee to take time off from work for
an extended period of time to care for that family member, and
taking extended time off work creates a financial hardship for the
employee because he or she has exhausted all of his or her sick leave
and other paid time off.
   (2) "Eligible leave credits" means vacation leave and sick leave
accrued to the donating employee.
   (b) Eligible leave credits may be donated to an employee for a
catastrophic illness or injury if all of the following requirements
are met:
   (1) The employee who is, or whose family member is, suffering from
a catastrophic illness or injury requests that eligible leave
credits be donated and provides verification of catastrophic injury
or illness as required by the governing board of the school district
or county office in which he or she is employed.
   (2) The governing board of the school district or county office
determines that the employee is unable to work due to the employee's
or his or her family member's catastrophic illness or injury.
   (3) The employee has exhausted all accrued paid leave credits.
   (c) If the transfer of eligible leave credits is approved by the
governing board of the school district or county office, any employee
may, upon written notice to the governing board of the district or
county office, donate eligible leave credits at a minimum of eight
hours, and in hour increments thereafter.
   (d) The governing board of a school district or county office that
provides a catastrophic leave program pursuant to this section shall
adopt rules and regulations for the administration of this section,
including, but not limited to, the following:
   (1) The maximum amount of time for which donated leave credits may
be used, but not to exceed use for a maximum period of 12
consecutive months.
   (2) The verification of catastrophic injury or illness required
pursuant to paragraph (1) of subdivision (b).
   (3) Making all transfers of eligible leave credit irrevocable.
   (e) An employee who receives paid leave pursuant to this section
shall use any leave credits that he or she continues to accrue on a
monthly basis prior to receiving paid leave pursuant to this section.
   (f) Notwithstanding the provisions of this section, the governing
board of a school district or county office and an exclusive
bargaining representative of employees in that district or county may
agree to include in any collective bargaining agreement, a provision
setting forth requirements for a catastrophic leave program.
44044.  Notwithstanding the provisions of Sections 44043, 44984 and
45192, a school district may waive the requirement that temporary
disability checks be endorsed payable to the district, and may in
lieu thereof, permit the employee to retain his temporary disability
check, providing that notice be given to the district that such check
has been delivered to the employee.  In such cases, the district
shall then cause the employee to receive his normal wage or salary
less appropriate deductions, including, but not limited to, employee
retirement contributions, and an amount equivalent to the face amount
of the temporary disability check, which the employee has been
permitted to retain.  In all cases, employee benefits are to be
computed on the basis of the employee's regular wage or salary prior
to the deduction of any amounts for temporary disability payments.
   Nothing contained herein shall be deemed to in any way diminish
those rights and benefits which are granted to a school employee
pursuant to the provisions of Sections 44043, 44984 and 45192.
44045.  Whenever, as a result of any school district unification
proceeding all of the territory under the jurisdiction of the county
superintendent of schools is included in a single unified school
district and the maintenance of any schools or classes or the
performance of any other function theretofore under the jurisdiction
of the county superintendent of schools is assumed by such unified
school district, the inclusion shall, with respect to any employee,
whether in a position requiring certification qualifications or in a
position not requiring certification qualifications, who was
theretofore employed by the county superintendent of schools in
connection with such school, class, or function, be deemed to be the
inclusion of a school district in the unified district.  The rights
of such an employee to employment with the unified district shall be
governed by the laws defining the rights of employees of a
predecessor school district included within a unified school district
to continue in employment as employees of the including unified
school district.
44046.  (a) The governing board of a small school district, which
does not employ persons charged with school-community duties of
counseling students and parents or guardians in their homes, may
contract with any qualified social service agency or organization to
secure the services, on a part-time or full-time basis, of qualified
social workers as counselors in schools and in the homes of pupils.
The State Board of Education shall adopt rules and regulations for
the implementation of this section, but such social workers shall not
be required to hold credentials or certification documents otherwise
required under this code for service in the public schools.
   (b) Social workers authorized to serve under this section, as well
as credentialed school social workers in districts other than small
school districts, may perform, but are not limited to, the
performance of the following service to children, parents, school
personnel, and community agencies:
   (1) Group and individual counseling and casework with parents and
children relating to learning and adjustment problems of children,
including parent education.
   (2) Liaison with community resources offering services to
schoolchildren and their families.
   (3) Consultation with parents and others in crisis situations,
such as truancy, drug abuse, suicide threats, assaults, and child
abuse.
   (4) Assessment of social and behavioral disabilities affecting
learning, including but not limited to case study evaluation,
recommendations for remediation or placement, and periodic
reevaluation.
   (5) Participation in and coordination of staff development
programs for professional, paraprofessional, and classified school
staff and supervision of pupil personnel services workers.
   (6) Coordination of social service and mental health components of
children's centers and other early childhood development programs in
the public schools.
   (7) Consultation and collaboration with school personnel to
promote a school environment responsive to the needs of children and
the planning of educational programs which will prepare children to
function in a culturally diversified society.
   (c) As used in this section "small school district" means any of
the following school districts:
   (1) A unified school district having an average daily attendance
of less than 1,501.
   (2) A high school district having an average daily attendance of
less than 301.
   (3) An elementary school district having an average daily
attendance of less than 901.
44047.  Prior to implementing in any school of the district classes
on Saturday or Sunday, or both, the governing board of a school
district shall consult in good faith in an effort to reach agreement
with the certificated and classified employees of the school, with
the parents of pupils who would be affected by the change, and with
the community at large.  Such consultation shall include at least one
public hearing for which the board has given adequate notice to the
employees and to the parents of pupils affected.
44048.  A classified school employee currently employed by any
school district or a county superintendent of schools which decides
to maintain classes on Saturday or Sunday, or both, shall not,
without his or her written consent, be required to change his or her
workweek to include Saturday or Sunday, or both.  No such classified
employee shall be assigned to perform services on a Saturday or
Sunday if such classified employee objects in writing that such
assignment would conflict with his or her religious beliefs or
practices.  Enactment of this section shall cause no change or
disruption in existing work schedules which may already include
Saturday or Sunday as regular workdays.
   This section shall not be construed as limiting the power of any
governing board of a school district, or a county superintendent of
schools, to govern the schools of the district, including the
assignment of classified employees employed by such district or
county superintendent of schools.
   This section shall not be construed as modifying or otherwise
affecting in any way the provisions of Sections 45127, 45128, or
45131, or any other provisions of this code relating to employment of
classified employees.
44049.  (a) Except as provided in subdivision (c), any principal or
person designated by the principal who, in his or her professional
capacity or within the scope of his or her employment, has knowledge
of or observes a pupil whom he or she knows, or reasonably suspects
as evidenced by the pupil's apparent intoxication, has consumed an
alcoholic beverage or abused a controlled substance, as listed in
Chapter 2 (commencing with Section 11053) of the Health and Safety
Code, may report the known or suspected instance of alcohol or
controlled substance abuse to the parent or parents, or other person
having legal custody, of the student.
   (b) No principal or his or her designee who reports a known or
suspected instance of alcohol or controlled substance abuse by a
pupil to the parent or parents, or other person having legal custody,
of the pupil shall be civilly or criminally liable, for any report
or as a result of any report, unless it can be proven that a false
report was made and the principal or his or her designee knew that
the report was false or was made with reckless disregard for the
truth or falsity of the report.  Any principal or his or her designee
who makes a report known to be false or with reckless disregard of
the truth or falsity of the report is liable for any damages caused.
   (c) No principal or person designated by the principal shall
report a known or suspected instance of alcohol or controlled
substance abuse by a pupil to the parent or parents, or other person
having legal custody, of the pupil if the report would require the
disclosure of confidential information in violation of Section 49602
or 72621.