The 60% rule and 67% law relate to certificated employees.

60% Rule

The 60% rule refers to both of the following:

  • Full-time certificated employees working under an ESA, overload, or PEX assignment during the fall and spring semesters
  • All certificated employees working a summer assignment

The purpose of the 60% rule is to ensure that during the fall and spring semesters, full-time certificated employees are not working in excess. It also make sure that during the summer term, all full-time and part-time certificated employees are not working in excess. This ensures the quality of teaching.

All ESA/PEX assignments issued to full-time certificated employees are subject to the 60% rule.

67% Law

The 67% law refers to part-time certificated employees working during the fall and spring semesters.

The 67% law limits the amount of FTE worked by part-time certificated employees and is mandated by the Education Code.

ESA/PEX Assignments

Not all ESA/PEX assignments are subject to the 60% rule or 67% law – it depends on the duties being performed. View the Ancillary Activities (PDF) for examples of some of the most popular types of ESA/PEX assignments. You can also learn whether they are subject to the 60% rule/67% law and which are creditable towards the California State Teachers' Retirement System (CalSTRS).

It is up to the campus to make sure that the certificated employee does not exceed the maximum FTE while working on an ESA/PEX assignment. You can use the FTE Calculator (XLS) to help calculate the FTE for the assignment(s). Remember to put the FTE in the employee's term-workload in PeopleSoft.