Further guidance issued on staffing E.O.
February 7, 2022
The California State Teachers’ Retirement System and the California Commission on Teacher Credentialing issued further guidance to assist with application and implementation of emergency provisions enacted by the governor last month.
Gov. Gavin Newsom’s Jan. 11 Executive Order on staffing was intended to provide greater flexibility for substitute teachers and retired educators to help with staffing shortages due to the COVID-19 surge.
In order to allow retired educators to return to schools, Executive Order N-3-22 suspended postretirement income limits and other procedural requirements for retired CalSTRS members who have reached the normal age of retirement. “Any retired CalSTRS member, regardless of age, can perform retired member activities at a K-12 school district, county office of education or charter school and be compensated for that service without impact to their retirement benefit,” according to the guidance.
The executive order took effect immediately and applies to all compensation earned from July 1, 2021 to March 31, 2022.
The 180-calendar day separation-from-service requirement was also suspended, as was the requirement for employers to gain CalSTRS approval to hire a retiree who has attained normal retirement age.
The CTC also issued guidance on how LEAs can use flexibilities in the executive order to allow individuals who do not currently hold an Emergency 30-Day Substitute Teaching Permit to receive a Temporary County Certificate (TCC) to serve as an emergency substitute.
The CTC also provided some strategies LEAs may consider when using the flexibilities to recruit substitutes, such as identifying athletic coaches, before- and after-school program employees and other existing staff who meet requirements.
“If such staff have met the Basic Skills Requirement and hold a Bachelor’s or higher degree, then they may begin serving as a substitute immediately upon issuance of a TCC by the COE,” the guidance reads.
For any hiring under the Governor’s executive order, LEAs must also draft a “written finding” declaring the need to impose flexibilities to be kept on file and available for public access upon request. A sample written finding is available for download on ACSA’s Resource Hub.
Guidance documents related to E.O. N-3-22: CalSTRS — Employer Directive for Hiring Retired Educators CTC — New Staffing Flexibilities and Emergency Credentialing Requirements
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