Avelino Valencia

Existing law establishes the Classified School Employee Summer Assistance Program. Existing law authorizes local educational agencies to elect to participate in the program and authorizes a classified employee of a participating local educational agency who meets specified requirements to withhold an amount from the employee's monthly paycheck during the school year to be paid out during the summer recess period, as provided. Existing law requires the State Department of Education to apportion funds to participating local educational agencies within 30 days of receiving a request for payment by the participating local educational agency, as provided. Existing law provides that operation of the program is contingent upon an appropriation for the program in the annual Budget Act or another statute. Existing law defines "local educational agency" for these purposes as a school district or county office of education.

Existing law, the Joint Exercise of Powers Act, authorizes 2 or more public agencies, if authorized by their legislative or other governing bodies, to enter into an agreement to jointly exercise any power common to the contracting parties, as provided. That act requires, among other things, that the agreement state the purpose of the agreement or power to be exercised and provide for the method by which the purpose will be accomplished or the manner in which the power will be exercised.

This bill would add a joint powers authority formed pursuant to that act consisting solely of school districts and county offices of education to the definition of a local educational agency for purposes of the program, thereby authorizing a joint powers authority and its classified employees to participate in the program.

This bill would incorporate additional changes to Section 45500 of the Education Code proposed by AB 147 and SB 147 to be operative only if this bill and either AB 147 or SB 147 is enacted and this bill is enacted last.