Sanger Unified School District
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California Department of EducationExecutive Office
SBE-005 General (REV.08/2014) / ITEM #W-05
CALIFORNIA STATE BOARD OF EDUCATION
March 2017 AGENDAGeneral Waiver
SUBJECT
Request by Sanger Unified School District to waive California EducationCode Section 45134(c), to allow the employment of a State Teachers’ Retirement System retiree as a classified school bus driver.Waiver Number: 36-12-2016 /
Action
Consent
SUMMARY OF THE ISSUES
The Sanger Unified School District (USD) is requesting a waiver of California Education Code (EC) Section 45134(c), to allow a State Teachers’ Retirement System (STRS) retiree to be employed as a classified school bus driver.
Authority for Waiver:Education Code (EC) Section 33050
RECOMMENDATION
Approval Approval with conditions Denial
The California Department of Education recommends the State Board of Education (SBE) approve the request by the Sanger USD to waive EC Section 45134(c) for the period from July 1, 2016 through June 28, 2018.
SUMMARY OF KEY ISSUES
An employee may continue to receive a retirement allowance while collecting a salary for work in classified service if ECSection 45134(c) is waived. The Sanger USD is requesting a renewal of a waiver previously received in 2013 through 2015 to allow a retired individual to be employed as a classified school bus driver for the district. The district has an ongoing need for bus drivers and since this individual is available, has the qualifications and training to drive multiple buses and routes, and has a good record with the district, they are requesting the waiver to continue to employ him.
Demographic Information: Sanger USD has a student population of 11,776 and is located in Fresno County serving the city of Sanger, and the communities of Centerville, Del Rey, Fairmont, Lone Star, Tivy Valley, and portions of the Sunnyside area of metropolitan Fresno.
Because this is a general waiver, if the SBE decides to deny the waiver, it must cite one of the seven reasons in EC 33051(a), available at
SUMMARY OF PREVIOUS STATEBOARD OF EDUCATION DISCUSSION AND ACTION
The SBE previously approved waivers for Sanger USD to employ this individual in 2013–14, 2014–15, and 2015–16.
.
FISCAL ANALYSIS (AS APPROPRIATE)
There is no statewide fiscal impact of this waiver approval.
ATTACHMENT(S)
Attachment 1: Summary Table (1 page)
Attachment 2: Sanger Unified School District General Waiver Request 36-12-2016
(2 pages)
Employment – Retirement System
Attachment I
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Summary Table
36-12-2016 / Sanger Unified School District / Requested:
July 1, 2016
to
June 28, 2018
Recommended:
July 1, 2016
to
June 28, 2018 / California School Employees Association Chapter 153,
Jennifer Herring President
Bargaining Unit Date: 11/15/16
Position: Support / Community Council Review,
December 5, 2016,
No objections
Public Hearing:
December 13, 2016
Local Board Approval:
December 13, 2016 / Yes
19-10-2015
18-10-2014
9-8-2013
Created by California Department of Education
January 17, 2017
Employment – Retirement System
Attachment 2
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California Department of Education
WAIVER SUBMISSION - General
CD Code: 1062414Waiver Number: 36-12-2016Active Year: 2016
Date In: 12/20/2016 12:26:41 PM
Local Education Agency: Sanger Unified School District
Address: 1905 Seventh St.
Sanger, CA93657
Start: 7/1/2016End: 6/28/2018
Waiver Renewal: Y
Previous Waiver Number: 19-10-2015-W-02 Previous SBE Approval Date: 1/21/2015
Waiver Topic: Other Waivers
Ed Code Title: Employment - Retirement System
Ed Code Section: [45134(c)]
Ed Code Authority: 33050
Ed Code or CCR to Waive: To allow employment of a STRS retiree as a classified school bus driver
Outcome Rationale: We are understaffed for drivers in our district and have had to combine bus routes, resulting in students arriving late to school. Ray is an effective driver with qualifications and training to drive multiple buses and routes to support the department and the community.
Student Population: 11776
City Type: Rural
Public Hearing Date: 12/13/2016
Public Hearing Advertised: Notice posted at each school
Local Board Approval Date: 12/13/2016
Community Council Reviewed By: Superintendents Cabinet
Community Council Reviewed Date: 12/5/2016
Community Council Objection: N
Community Council Objection Explanation:
Employment – Retirement System
Attachment 2
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Audit Penalty YN: N
Categorical Program Monitoring: N
Submitted by: Mr.JimmyRobles
Position: Director of Support Services
E-mail:
Employment – Retirement System
Attachment 2
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Telephone: 559-524-6650
Fax:
Bargaining Unit Date: 11/15/2016
Name: California School Employees Association Chapter153
Representative: Jennifer Herring
Title: Chapter President
Position: Support
Comments:
Employment – Retirement System
Attachment 2
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