1. (a) For the purposes of this section:

   1. (1) “Other similarities related to the nature of the work being performed” means any grouping not otherwise excluded under subdivision (d).

   2. (2) “Program” means an educational program established based on any or any combination of the following:

      1. (A) Pursuant to state or federal law.
      2. (B) Under a Local Control and Accountability Plan pursuant to Section 52060 of the Education Code.
      3. (C) By the governing body of the employer in accordance with requirements of applicable public meeting laws or adopted by the county superintendent of schools.
2. (b) A class of employees shall be established for purposes of whether “base pay” is provided to all members of a class of employees pursuant to paragraph (1) of subdivision (a) of Education Code section 22119.3.
3. (c) Except as described in subdivision (d), the requirements of Education Code section 22112.5 that a person or group be considered a class of employees because as a group 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 shall be met, and a class shall be considered established, provided that the unique title for the class is associated with an annualized pay rate within a publicly available pay schedule.

4. (d) A separate class of employees cannot be established based on:

   1. (1) The retirement benefit formula or retirement program.
   2. (2) A minimum or maximum threshold for age or credited service in the Defined Benefit Program.
   3. (3) Eligibility for retirement.
   4. (4) Date of hire.
   5. (5) A requirement to work more or fewer days or hours per year in the absence of the class of employees being established based on similar duties, the same type of program, or other similarities related to the nature of the work being performed.
   6. (6) The number of pupils or students instructed or contacted, size of caseload, number of units, number of classes, or number of staff or sites supervised by the employee in the absence of the class of employees being established based on similar duties, the same type of program, or other similarities related to the nature of the work being performed.

5. (e) If a class is comprised of one employee, the employer must demonstrate that the job duties for that class are in common use by at least two other employers.

   1. (2) The special pay for the person or group shall be determined based on the amount or percentage of salary paid to the established class of employees performing similar job duties at the lesser annualized pay rate.
   2. (3) Compensation paid to the person or group in excess of the amounts in paragraphs (1) and (2) shall be deemed supplemental pay pursuant to paragraph (2) of subdivision (a) of Section 22119.3 of the Education Code.

   (f)(1) If a class of employees fails to comply with subdivisions (c) or (e), the salary for the person or group shall be determined based on the annualized pay rate of the established class of employees performing similar job duties at the lesser annualized pay rate.

6. (g) This section shall become operative on July 1, 2027.

Note: Authority cited: Sections 22112.5, 22119.3, 22207, 22213, 22214, 22215, 22305 and 22324.5, Education Code. Reference: Sections 22104.8, 22112.5 and 22119.3, Education Code.

History

1. New article 2 (sections 27300-27301) and section filed 11-18-2014; operative 1-1-2015 (Register 2014, No. 47).

2. Amendment of section and Note filed 8-22-2017; operative 10-1-2017 (Register 2017, No. 34).

3. New subsection (b) filed 4-20-2026; operative 7-1-2026 (Register 2026, No. 17).

4. Repealer and new section filed 4-20-2026; operative 7-1-2027 (Register 2026, No. 17).