Collective Bargaining Agreement Between Acton-Agua Dulce Unified School District
And
Acton-Agua Dulce Teachers Association/Cta/Nea
2004-2006
Table Of Contents
Article 1 - Recognition
Article 2 - Nondiscrimination
Article 3 - Payroll Deductions
Association Dues
Professional Dues Or Fair Share Fees
Religious Tenets
Deduction Of Dues Or Fees
Other Deductions
Article 4 - Employer Rights
Article 5 - Employee Association Rights
Article 6 - Work Year
Article 7 - Duty Hours
Part-Time Employment: 55 Years Old With 10 Years Service
Part-Time Employment For Employees Not Meeting The Requirements
Article 8 - Grievance Procedure
Level One
Level Two
Level Three
Article 9 - Working Conditions
Article 10 - Class Size
Article 11 - Safety Conditions Of Employment
Assault
Article 12 - Teacher Travel
Article 13 - Physical Examination
Article 14 Employee Benefits
Benefits During Leaves Of Absence
Retiree Benefits
Article 15 - Salary
Placement Of The Salary Schedule And Advancement
Bclad, Clad Or Equivalent Stipends Limited English Proficient Stipend
Extra Credential
Teaching Assignment During Preparation Period
Article 16 - Evaluation Procedures
Complaints Against An Employee
Article 17 - Employee Discipline
Discipline Procedures
Article 18 - Leaves
Bereavement Leave
Industrial Accident And Illness Leave
judicial And Official Appearance Leave
Legislative Leave
Personal Leave
Personal Necessity Leave
Sick Leave
Military Leave
Sabbatical Leave
Other Leaves And Absences
Article 19 - Transfer And Reassignments
Definition Of Terms
Employee-Initiated Transfer
District-Initiated Transfer
Employee-Initiated Reassignment
District-Initiated Reassignment
Vacancies
Seniority List
Article 20 - Procedure For Consultation
Article 21 - Concerted Activities
Article 22 - Early Retirement
Article 23 - Peer Assistance And Review Program
Joint Teacher Administration Peer Assistance & Review Panel
Consulting Teacher Selection And Duties
Participating Teachers
Miscellaneous Provisions
Article 24 - Professional Growth
Article 25 - Summer School
Article 26-Repairing Or Replacing Property
Article 27 - Effect Of Agreement Complete Understanding
Printing Of Agreement
Savings Provisions
Article 28 - Completion Of Meet And Negotiation
Article 29 - Term
Recommended For Ratification
Ratified And Accepted
Appendix A - Certificated Salary Schedule
Appendix B - Extra-Duty Stipend Schedule
Appendix C - Sample Grievance Forms
Appendix D - Sample Complaint Forms
Appendix z - Current School Year Calendar
Recognition
A. The District recognizes the ACTON-AGUA DULCE TEACHERS ASSOCIATION/ CTA/NEA as the exclusive representative for purposes of the Rodda Act (Government Code section 3540, et seq., for the bargaining unit composed of the District’s certificated employees. Excluded from the unit are all certificated management, confidential, or supervisory positions, school psychologists, all day-to-day substitute teachers, and all classified positions.
B. Any individual contract between the District and an individual employee shall be subject to and consistent with the terms and conditions of this Agreement.
Nondiscrimination
A. Neither the District nor the Association shall discriminate against any employee covered by this Agreement on the basis of race, color, creed, age, sex, national origin, political affiliation, marital status, physical handicap, or domicile.
B. Neither the District nor the Association shall discriminate against any employee on the basis of his/her membership in any employee organization or participation in the activities of an employee organization.
C. The District and the Association agree that the terms of this Agreement shall be applied uniformly and consistently to all employees. The District and Association further agree that the procedures set forth in this Agreement shall not be applied in an arbitrary or capricious manner.
Payroll Deductions
Association Dues
A. The District and the Association agree that the District shall deduct from the pay of Association members and pay to the Association the normal and regular monthly Association membership dues as voluntarily authorized in writing by the employee. The deductions shall be made upon submission of the Association form to the District Office, duly completed and executed by the employee. The District shall not be obligated to implement any new Association dues deduction until the pay period that begins fifteen (15) or more days following submission.
1. An employee who is a member of the AATA/CTA/NEA or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees and general assessments in the Association. Pursuant to such authorization, the District shall deduct one- tenth of the dues from the regular salary check of the employee each month for ten (10) months.
2. Deductions for employees who sign such authorization after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. Any employee who is a member of the Association or was a member shall maintain such membership for the duration of this Agreement.
Professional Dues or Fair Share Fees
B. An employee who is not a member of the AATA/CTA/NEA, or who does not make application for membership within 30 days of the effective date of this Agreement, or within 30 days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or shall pay to the Association a fee calculated in accordance with applicable law in one lump sum cash payment in the same manner as required for the payment of membership dues; provided, however, that the employee may authorize payroll deduction for the fee in the same manner as provided in paragraph A.1 of this Article. Any cash payment shall be made on or before October 1 of each school year.
1. In the event that an employee does not pay the fee directly to the Association, or does not authorize payment through payroll deduction, the Association shall inform the District. The District shall immediately begin automatic deduction as provided in Education Code section 45061 in the same manner as set forth in paragraph A.1 of this Article.
2. There shall be no charge to the Association for the deductions.
3. A fair share payer may revoke his or her payroll deduction as provided by law. Religious Tenets
C. An employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support AATA/CTA/NEA as a condition of employment; except that such employee shall pay, in lieu of the fair share fee, a sum equal to the fair share fee to one of the following nonreligious, non-labor organization or charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code:
$ Foundation to Assist California Teachers $ United Way
$ American Heart Association
$ American Cancer Society
1. Proof of payment and a written statement of objections along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations pursuant to paragraph C of this Article, shall be made on an annual basis to the Association and the District as a condition of continued exemption from the provisions of paragraphs B and B.1 of this Article.
2. Proof of payment shall be the form of receipts, District payroll deductions, and/or canceled checks indicating the amount paid, date of payment, and to whom payment has been made. Such proof shall be presented on or before October 1 of each school year.
3. An employee who makes payments as provided by paragraph C of this Article, and who requests that the grievance or arbitration provisions of this Agreement be used on his or her behalf shall be responsible for paying the reasonable costs of using the grievance or arbitration procedures.
Deductions of Dues or Fees
D. With respect to all sums deducted by the District, whether for membership dues or fair share fees, the District agrees promptly to remit such monies to the Association, accompanied by an alphabetical list of employees for whom such deductions have been made, categorizing them as to membership or non-membership in the Association, and including any changes from the list previously furnished.
4. The Association agrees to furnish any information needed by the District to fulfill the provisions of this Article.
5. With respect to all sums deducted pursuant to the provisions of paragraphs B and C, inclusive, of this Article, the Association and the District hereby agree as follows:
a. The Association agrees to pay to the District all reasonable legal fees, judgements, and legal costs incurred in defending against any court action and/or administrative action challenging the legality or constitutionality of the fair share fee provisions of this agreement or their implementation.
b. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to above shall or shall not be compromised, resisted, defended, tried or appealed.
Other Deductions
E. Upon appropriate written authorization from the employee, the District shall deduct from the salary of any employee and make appropriate remittance for credit union, savings bonds, charitable donations or any other plans or programs approved by the District.
Employer Rights .
A. It is understood that the District retains all of its powers and authority to direct, manage, and control to the full extent of the laws of the State of California. Included in, but not limited to, those duties and powers are the exclusive right to determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its educational policies, goals, and objectives; insure the rights and educational opportunities of students; determine staffing patterns, determine the number and kinds of personnel required; maintain the efficiency of District operations; determine the curriculum; build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, evaluate, promote and terminate employees.
B. The exercise by the District of the foregoing powers, rights, authority, duties and responsibilities, adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of the Agreement, and then only to the extent such specific and express terms are in conformance with the operation of California law and the decisions of a competent jurisdiction.
C. All of the rights, powers, or authority which the District had under law prior to the execution of this Agreement are retained except as those rights, powers, and functions or authority are specifically abridged or modified herein.
D. Notwithstanding any other provisions of this Article, the parties agree that this Article is not intended as a general or specific waiver or right of the Association or employees, nor shall it be applied to, reduce, or restrict any right or privilege of the Association or employees derived from other provisions of this Agreement or from the laws of the State of California.
Employee Association Rights
A. The District and the Association recognize the right of employees to form, join, and participate in lawful activities of the employee organization and the equal alternative rights of employees to refuse to form, join, and participate in employee organization activities. Therefore, each party agrees that neither will impose or threaten to impose reprisals, to discriminate or threaten to discriminate, or otherwise interfere with, restrain or coerce the employees of the District exercising this right.
B. The Association and its members shall have the right to make use of school equipment, buildings, and facilities subject to the Civic Center Act. Equipment shall include those items which are available for Civic Center use or are used by employees in the regular course of their duties when such equipment is not otherwise in use.
C. The Association shall have the use of a bulletin board at each school site in an area frequented by employees. The Association may use the District internal mail system and employee mail boxes for communications to employees.
D. Authorized representatives of the Association shall be permitted to transact official Association business on school property during non-duty hours. The Association shall provide the District with the names of representatives who are authorized to discuss Association business.
1. Association representatives shall report to the principal or designee upon initial entrance on site to provide information on the length, place, and purpose of the visit.
2. Association business shall be conducted at times that do not interfere with regular teaching duties and obligations.
E. The District agrees to provide the Association with one copy of documentation relevant and material to the negotiation process.
F. The District shall provide five (5) copies of this Agreement to the Association.
G. The President of the Association shall have up to five (5) days of leave for Association business per year. The Association shall pay the cost of a substitute.
Work Year
A. The service year for employees covered by this Agreement shall consist of one hundred eighty (180) instructional service days and one non-student workday for a total of one hundred eighty-one (181) required work days.
1. The non-student workday shall be scheduled for pre-school activities beginning with a District activity (limited to two hours) and concluding with employees working in their rooms.
2. At the 7-12 grade levels, a non-work day shall be scheduled between the semesters.
3. In addition to the required service year, the District will schedule three voluntary "staff development" days pursuant to SB 1193 or its successor. Each employee who attends and completes the daily program in compliance with State regulations shall be compensated at the employee’s daily rate of pay for each day (maximum $240.00 per day). If State funding for the three days is reduced or eliminated, the number of days scheduled shall be reduced or eliminated on the same basis.
B. Employees new to the District employed prior to the beginning day of school may be required to attend one additional day of orientation. Employees who are employed after the beginning day of school may be required to attend one day of orientation prior to their assignment.
C. The District and the Association shall meet and negotiate in good faith on the placement of the work days consistent with the provisions of paragraph A of this Article. The school calendar for each year will be provided to each employee at the beginning of each instructional year and shall be identified as Appendix Z of this Agreement.
D. When employees are required to work additional days beyond the service year because of the nature of their regular assignment (e.g., counselor), they shall be compensated on a pro rata basis; such basis is to be determined by dividing the annual salary of these employees by the required number of workdays. Service rendered for less than a full day shall be compensated on a pro rata hourly basis.
E. Employees will not be required to attend school when schools are closed due to inclement weather. Employees will not be required to make up any inclement weather days that the State has waived as student instruction days.
Duty Hours
A. The District and the Association recognize the varying nature of an employee's day-to-day responsibilities.
1. Classroom employees in Kindergarten through 8th grade must be on duty at least thirty (30) minutes before the beginning of the class session and remain on duty for fifteen (15) minutes after the close of the students' regular school day for the highest grade level at the school site. Full-time employees may request that the principal waive the fifteen (15) minutes of duty after the end of the students’ regular school day for the following reasons: medical and dental appointments, college classes, attendance at District-sponsored activities, and necessary personal business.
2. Classroom employees at the high school are on duty during a professional day which begins at the start of the first scheduled class period and ends at the end of the last scheduled class period for the day (including the assigned conference period). The District and the Association agree that each employee shall be responsible for the completion of all duties related to the employee’s assignment, including duties that may require the employee to be on campus outside of scheduled class hours and outside of regular school session hours.
3. An employee who is assigned as a counselor or guidance counselor shall have an eight-hour work day, inclusive of the duty-free lunch. The daily schedule (including start and end times), the length and placement of the employee’s lunch break shall be determined by mutual agreement between the employee and the school site administrator.
4. An employee who is assigned as a school nurse shall have an eight-hour work day, inclusive of the duty-free lunch. The daily schedule (including start and end times), the length and placement of the employee’s lunch break shall be determined by mutual agreement between the employee and the District administrator or designee.
B. Each employee shall be entitled to one (1) duty-free, uninterrupted lunch period each day, which shall be the same length as the student lunch period, except a thirty (30) minute lunch hour on minimum days with a two hundred fifty (250) minute schedule school day. On said minimum day, the teacher workday will be reduced by fifteen (15) minutes. If a teacher does not have a full forty-five (45) minute lunch due to inclement weather, the difference between the normal forty-five (45) minute lunch and the actual lunch time will be credited to the end of any teacher contract day where no faculty meeting or emergency exists. In such instances, these minutes will be credited to the end of the next school day.
C. Employees in 1st through 6th grade shall be provided one (1) rest room break of reasonable length during each duty day. Scheduling of the break shall be arranged cooperatively between the principal and teaching staff. For employees in 7th through 12th grade, the planning period will serve to meet the intentions of this section unless the employee's schedule does not provide a break or planning period during a three (3) hour teaching schedule.
D. In addition to assigned classroom teaching duties, employees shall perform without additional pay reasonably required instructional day duties, many of which may occur outside of scheduled class hours and outside of regular school session hours.
1. Such duties include, but are not limited to planning and selecting and preparing materials for instruction; receiving and evaluating work of pupils; conferring and counseling with pupils, parents, staff, and administrators; keeping records; reporting of students’ progress to parents, supervising pupils; participating in approved staff development programs; and assuming responsibility for the proper use and control of District property, materials, supplies, and equipment. Employees in Kindergarten through 8tt' grade shall not be assigned to yard supervision duties in the morning before the first scheduled class of the day. After school, teachers are responsible for the orderly dismissal of students based upon the individual site dismissal plan.
2. Also, employee discretionary duties may include supervising and providing leadership of pupil organizations and grade level meetings; serving on committees providing advice and service to the District; participating in approved professional activities relating to the teaching assignment; and studying current literature to keep abreast of developments within the subject matter taught by the employee. The District and the Association agree that it is not the intent to require any of these discretionary duties outside of the contract day. It is the intent of both parties that discretionary duties can be assigned within the contract day when time is allotted.
E. Employees who are assigned to teach full-time in 7th through 12th grade shall have one (1) unassigned period per day set aside exclusively for preparation, planning and student conferences. Site staff at Meadowlark School and at Agua Dulce School will present a jointly-developed plan for teacher preparation time at 4th through 6th grade to the Superintendent for his or her approval.
F. The parties agree that there shall be no more than eighteen (18) required faculty meetings (or in-service meetings) per school year. Employees will not be required to remain at a faculty meeting more than one hour, commencing ten (10) minutes after the student day. At Agua Dulce School, no faculty meeting will be conducted during the week when members are required to be on duty beyond the normal contract day because of a scheduled District in-service.
G. In the event of double sessions, a classroom employee shall not be required to render more hours of school-based service per day than normally required in a single session.
H. An employee who is required to participate in an IEP meeting outside of his or her regular duty hours shall be compensated at the District’s Hourly Rate for each hour or major fraction thereof.
Part-Time Employment: 55 Years Old With 10 Years Service
I. The employee must have been employed full-time in a position requiring certification for at least ten (10) years to receive one (1) full year of service credit under STRS.
1. The option of part-time employment may be exercised at the request of the employee and can be revoked only by the employer.
2. The employee shall be paid a salary which is the pro rata share of the salary and benefits he/she would be earning had he/she not elected to exercise the option of part-time employment. The employee shall receive health benefits as provided in Government Code Section 53201 in the same manner as a full-time member under the current eligibility requirements in the District.
3. The minimum part-time employment shall be the equivalent of one-half (½) of the number of days of service required by the employee's contract of employment during his/her final year of service in a full-time position of a time period mutually agreed upon with the Association.
4. An employee fifty-five (55) years of age or older employed on a part-time basis shall receive the credit he/she would receive if he/she was employed on a fulltime basis and have his/her retirement allowance, as well as any other benefits that he/she is entitled to under the Education Code, based upon the salary that he/she would have received if employed on a full-time basis.
Part-Time Employment for Employees Not Meeting the Requirements of Paragraph I
J. The employee working half-time shall have the option of receiving health benefits by paying one-half (½) of the benefit package and the District paying the other half in the same manner as a full-time member under the current eligibility requirements of the District.
1. The employee may be hired to job share or work less than half-time. In this event, all salaries shall be pro rata. Pro rata benefits will be offered at the option of the employee.
2. An employee, fifty-four (54) years of age or younger, employed less than ten (10) years in the District, and employed on a part-time basis, will pay retirement benefits on one-half of his/her annual salary and shall receive one-half year service credit toward retirement.
3. The agreement between the District and the participating employee shall be consummated on or before June 30. The employee may be accompanied by an Association representative in any meeting he/she attends with the Board of Trustees pursuant to this Article unless such meeting is held in closed session.
4. The employee or the District may terminate this agreement by providing written notice to the other party. The employee must notify the District in writing of his/her intent to terminate no later than March 1. Any employee who terminates his/her agreement is eligible to return to full-time employment in accordance with the Education Code.
5. The District may extend the above-mentioned time requirements and notification dates at its discretion.
GRIEVANCE PROCEDURE
A. A "grievance" shall mean an allegation that there has been a violation, misapplication, or misinterpretation of express provision(s) of this Agreement. A sample grievance form is attached as Appendix C.
B. A "complaint" shall mean a problem an employee desires to be resolved which is not covered by this Agreement. Complaints shall be filed on the District complaint form and shall follow the District complaint procedure. A sample complaint form is attached as Appendix D.
C. A "grievant" shall mean an employee who is a member of the bargaining unit, or the Exclusive Representative. The Exclusive Representative may file a grievance on behalf of a specifically identified employee or employees.
D. A "day" shall mean a day when the District Office is normally open for business.
E. An employee may elect to be represented by the Exclusive Representative at all levels of the grievance procedure.
F. An employee may present a grievance to the District and have such grievance adjusted without the intervention of the Exclusive Representative.
1. Any adjustment shall not be inconsistent with the terms of this Agreement.
2. The District shall not agree to resolution of the grievance until the Exclusive Representative has received a copy of the grievance and the proposed resolution and has been given an opportunity to file a response.
3. At all levels of the grievance procedure, the District shall provide the Exclusive Representative with all details and copies of correspondence relative to the grievance.
G Once a grievance has been initiated, all matters of dispute relating to it which occur during the processing of the grievance shall become a part of and be resolved in he grievance proceedings. Once a grievance has been resolved or a final decision has been rendered, the grievant shall not be entitled to initiate a new grievance on any matter or occurrence which properly could have been included in the first grievance.
H. Time limits may be extended or shortened by written mutual agreement of the grievant or representative and the District. If a grievance is filed after May 15 and before the end of the work year, the grievant may request that the time lines not toll during the summer recess. The District agrees to honor the request.
I. The grievant and a designated bargaining unit representative, if any, participating in the processing of the grievance shall suffer no loss in pay if meetings or appointments are mutually scheduled by the District and the Exclusive Representative. Witnesses who are called to testify in an arbitration hearing shall be on release time for the part of the school day for which they are absent for the purpose of testifying at the hearing.
J. No reprisal will be taken by the District against any participant in the grievance procedure by virtue of such participation. All written materials pertinent to a grievance shall be filed separately from the personnel file of the grievant or of any participant.
K. Until final disposition of the grievance takes place, the grievant shall conform to the original direction of the District. If a grievance arises at a level above the grievant's school principal or supervisor, the initial filing, which shall comply with the provisions of Level One, shall be made at Level Two.
L. The parties agree that these proceedings shall be kept confidential as may be appropriate at any level of the procedure.
Level One:
M. Within 30 days of the alleged violation, or within 30 days of the time that the grievant reasonably should have known of the alleged violation, the grievant or the grievant's representative shall file a grievance form with the principal or immediate supervisor.
1. The grievance shall contain the employee's name, the date of filing, the date of the alleged violation, the Article(s) or section(s) of the Agreement which are claimed to have been violated, a brief description of the alleged violation, and the specific relief requested.
2. Within 10 days of receipt of the grievance by the principal or immediate supervisor, a written decision should be issued to the grievant. If a written decision is not issued within the specified time limit, the grievance is denied and the employee may appeal to the next level.
Level Two:
N. If the grievance is denied at Level One, the grievant may file a written appeal to the Superintendent or designee within 10 days of the Level One denial.
The appeal shall contain all materials filed in Level One and the decision, if any, and a statement of the reason for the appeal. The appeal shall also state the grievant's election to proceed at Level Two by either (1) a meeting with the Superintendent or designee or (2) conciliation by the California State Mediation and Conciliation
1.Service. The election of one option shall exclude the other. If the grievant does not elect to proceed by conciliation, the Superintendent or designee may elect to do so and advise the grievant within 10 days of the filing of the appeal. The party that requests conciliation shall contact the conciliator in order to establish a meeting date within 10 days of the decision.
2. If the conciliation option is not selected, a meeting between the Superintendent or designee and the grievant shall be held within 10 days of the filing of the appeal. The Superintendent or designee shall transmit to the grievant within 10 days of the meeting a written decision, including the reasons for the decision.
3. Where the grievance proceeds by conciliation, the conciliation session shall be scheduled at the mutual convenience of the parties and the conciliator.
a. The conciliator shall attempt to find a mutually acceptable resolution to the grievance.
b. The conciliator shall not issue any public statements of fact or opinion on the issue.
c. Conciliation or settlement positions of either party shall not be introduced at any other grievance level.
4. The Superintendent or designee shall transmit a written decision, including the reasons for the decision, to the grievant within 10 days of the conciliation session. If the conciliation has produced a mutually acceptable solution, that solution shall be the formal resolution to the grievance.
Level Three:
O. The District and the Exclusive Representative agree that any grievance denied at Level Two shall be submitted to binding arbitration at the request of the Exclusive Representative. No grievance that arises after the expiration of this Agreement may be submitted to arbitration.
1. The grievant shall request that the Association submit the matter to arbitration within five days of the Level Two denial. The Association shall have 15 days from the date of the request to file a demand for arbitration with the District.
2. The arbitrator shall be selected by mutual agreement from the following list:
Mei Bickner Thomas Christopher Philip Tamoush
Bonnie Bogue Wayne Estes
Howard Block Edgar A. Jones Jr.
If no agreement as to the arbitrator is reached within 10 days, the parties shall select the arbitrator from the list by eliminating names until one name remains. The first option of elimination shall alternate. All grievances which go to arbitration shall be numbered consecutively with the Association striking first on all odd numbered grievances and the District striking first on all even numbered grievances. The last remaining name shall be the arbitrator.
P. If any question arises as to the arbitrability of the grievance, the question shall be heard and ruled upon by the arbitrator prior to any hearing on the merits of the grievance.
Q. The parties shall share the per diem and expense costs of the arbitrator. Each party shall bear all other costs of its own case.
R. The arbitrator shall be bound by the rules of the American Arbitration Association. The arbitrator’s decision will be in writing and will set forth the arbitrator’s findings of fact, reasoning, and conclusions on the issues submitted.
1. The arbitrator shall be without the authority to make any decision which requires the commission of an act prohibited by law or which violates a term or terms of this Agreement.
2. The arbitrator is empowered to include financial or other remedies to which the parties are entitled by law in the award.
3. The arbitrator’s decision shall be submitted to the District and the Association and shall be final and binding on the parties.
Working Conditions
A. The District will make a good faith effort to provide each employee with a separate desk, closet space or lockable storage for personal storage, storage space for instructional materials in each classroom, adequate lunchroom, rest rooms and lavatory facilities for employee use, and equipment, facilities and supplies that are necessary to implement course objectives, and designated staff parking areas.
Class Size
A. The average allocation ratio of classroom employees to regular program pupils in the District shall not exceed state maximums. The allocation ratio of special education employees to special education programs shall not exceed state maximum limitations.
1. Individual class size may fluctuate, within District allocations, depending on such factors including but not limited to student welfare, special program funding requirements, enrollment, and approved experimental or pilot programs.
2. In the event that an individual class exceeds the relevant state maximum for ten (10) consecutive school days and the affected teacher requests mitigation, the site administrator shall consult with the affected teacher. The teacher and site dministrator shall mutually agree to any mitigation option or options. If there is no agreement, the matter may be submitted to the Superintendent for resolution.
B. Certificated personnel are allocated based on estimated enrollments for the beginning of each school year. When actual enrollments are known, employee assignments may be adjusted to conform with paragraph A of this Article. In determining allocation ratios for grades 7-12, conference periods shall not be counted.
Safety Conditions Of Employment
A. The District, insofar as possible, will provide a safe environment for employees. The District shall develop, implement, and maintain guidelines which shall be provided to each employee.
B. Employees shall report any unsafe or unhealthy conditions directly to their supervisor. The District shall conduct an investigation of employee reports and take appropriate measures as soon as possible. The employee shall be informed by the principal or designee of the results of the investigation and of whatever action is to be taken.
C. An employee shall not be required to work under unsafe conditions or to perform tasks which endanger the employee’s health and safety.
D. When the continued presence of a pupil in a class represents a danger to other students or the employee, the employee may suspend any student from class for the day of the suspension and the day following in accordance with District policy. The District's "Student Discipline Policy" shall be made available to employees.
Assault
E. An employee shall report cases of assault suffered by them in connection with employment to the Principal or immediate supervisor. Both the employee and the supervisor shall report the incident to the appropriate law enforcement authorities and to the District. The District and the employee shall cooperate with an investigation into the incident to the extent required by law.
1. The provisions of paragraph E of this Article do not relieve an employee of any reporting responsibility imposed by law.
2. The District shall reimburse an employee the amount that exceeds the individual's insurance reimbursement for damage to personal property directly caused by an assault.
Teacher Travel
A. Employees shall be advised that they should not transport students in private automobiles when involved in school activities. However, employees who are authorized or required by the District may use their automobiles for school business and shall receive the established District rate per mile.
B. Travel assignments shall be made to meet the educational needs of the District.
Physical Examination
A. Examinations for tuberculosis shall be required every four (4) years. Such examinations to the extent not reimbursed by insurance shall be paid for by the District. When such exams are required, they shall be done in compliance with the requirements of the Education Code. Each affected employee shall be notified of the requirement for an updated tuberculosis examination before the end of the prior school year. This notification does not preclude the individual responsibility of obtaining the examination.
Employee Benefits
A. The District agrees to provide an employee benefits plan consisting of medical, dental, and vision insurance benefits through the Central Valley Trust ("CVT"). In addition, the District provides a life insurance policy
1. Medical Insurance: Employees will be allowed to select medical insurance benefits from the following plan options:
$ Option 1: CVT Plan 1 - $0 deductible, 100% Co-insurance, $0 Co-pay for office visits, and $0 generic/$0 retail co-pay prescription plan;
$ Option 2: CVT Plan 1A - $0 deductible, 100% Co-insurance, $0 Copay for office visits, and $5 generic/$12 retail co-pay prescription plan;
$ Option 3: CVT Plan 3C - $100 Individual/$300 Family deductible, 100% Co-insurance, $10 Co-pay for office visits, $7/$25/$40 retail co-pay prescription plan;
$ Option 4: CVT Plan 8C - $500 Individual/$1500 Family deductible, 80% Co-insurance (incl. office visits), $7/$25/$40 retail co-pay prescription plan;
$ Option 5: CVT Kaiser-South (HMO) Plan with prescription coverage.
2. Dental Insurance: Delta Dental Incentive Plan (equivalent to 2003-2004 coverage).
3. Vision Insurance: Vision Service Plan C with $5 co-payment (equivalent to 20032004 coverage).
4. Mental Health Benefit: Managed Health Network.
5. Life Insurance: MetLife Life Insurance with $50,000 employee-only coverage.
B. For the 2004-2005 school year, the District shall contribute for benefits (medical, dental, vision, and mental health) a dollar amount not to exceed $9,437.00 for each certificated employee and eligible dependent or dependents. The District shall contribute $72.00 on behalf of each eligible employee for the Life insurance benefit.
1. Each employee shall pay the difference between the District’s contribution and the required monthly or tenthly premium for the employee benefits package by payroll deduction based upon the employee’s choice of medical insurance plan coverages. The employer shall adopt an Internal Revenue Code section 125 plan as a payroll deduction vehicle for interested employees.
2. The District’s contribution shall be prorated for part-time employees.
3. In a District-approved job-share arrangement (a part-time position), an employee may volunteer to have the District’s benefit contribution allocated to the employee’s job-share partner.
Benefits During Leaves of Absence
C. When an employee is on an approved paid leave of absence, the District shall continue to make regular Employee Benefits contributions as provided by this Article in the same manner as if the employee had remained in regular service.
D. An employee who is on an approved unpaid leave of absence may elect to continue the regular Employee Benefits coverages provided by this Article pursuant to the rules of the respective providers. The employee shall make the required payment or payments to the District on a schedule established by the District.
Retiree Benefits
E. An employee who retires into the California State Teachers Retirement System ("CalSTRS") from District employment shall be eligible to continue coverage under the District’s medical insurance program as follows:
1. In order to qualify for this benefit, the employee must be a permanent, regular certificated employee of the District and must be 55 years of age or older at retirement. The employee must have fifteen (15) years or more of full-time service in the District and must retire directly into CalSTRS from District service. An employee who has been designated by CalSTRS as a disabilitant shall qualify for this benefit if he or she meets the service requirement. The employee must not be eligible for Medicare.
2. The District will provide up to the dollar amount paid for active employees for the listed benefits on behalf of a qualified employee and his or her eligible dependents until the employee is eligible for Medicare or reaches age 65, whichever occurs first.
3. Providing the benefits set forth in paragraph E of this Article is contingent upon the continued agreement of the medical insurance provider to insure retirees and eligible dependents.
4. Contingent upon the continued agreement of the dental and vision insurance providers, an employee may continue dental and vision insurance coverages. In order to receive coverages pursuant to this paragraph, an affected employee is required to make payments to the District on a schedule established by the District.
5. Subject to the continued agreement of the insurance providers, the insurance programs set forth in paragraph E, inclusive, of this Article will be available to employees who retire from the District directly into CalSTRS but who do not meet either the age or District service requirement in order to be eligible for the District’s contributions. In order to receive coverage pursuant to this paragraph, an affected employee is required to make payments to the District on a schedule established by the District.
Salary
A. Each employee shall be compensated at the appropriate placement on the Certificated Salary Schedule. The Certificated Salary Schedule for the current school year is attached as Appendix A. The schedule reflects a two to one (2:1) ratio in thirteen (13) years at AB75 units.
1. For the 2004-2005 school year, the Certificated Salary Schedule shall be increased by one percent (1.00%), retroactive to July 1, 2004. In addition, bargaining unit members shall receive a one-time off-schedule payment of onehalf of one percent (0.50%) of his or her respective 2004-2005 base salary, retroactive to July 1, 2004.
2. Compensation for assigned extra duties is listed in the Extra Duty Pay Schedule which is attached to this Agreement as Appendix B and B-2. The amounts set forth in Appendix B and B-2 shall be increased by the percentage increase that is applied to the Certificated Salary Schedule with the exception that, for the 20042005 school year only, the percentage increase shall not apply to Level Two, Level Three, and Level Four BCLAD and CLAD stipends or the District Bilingual Coordinator stipend.
3. The parties to this Agreement shall meet again in negotiations no later than the last week in March 2005 to review the District’s estimated Average Daily Attendance (ADA) for the 2004-2005 school year and the District’s Second Interim Report on the 2004-2005 Budget with the intent of identifying additional funds in order to provide a supplemental salary increase for bargaining unit members for the 2004-2005 school year.
Placement on the Salary Schedule and Advancement
B. A maximum of five (5) years of credit for teaching outside the District will be allowed for experience.
1. Up to five (5) years of credit for teaching in a nonpublic school may be allowed for experience if the employee had a California credential.
2. Credit for military service is considered equivalent to one (1) year of experience. One (1) year of experience credit may be granted to an employee who has military service of at least one (1) year subsequent to the completion of credential requirements. If the employee was granted "step" credit for military service by the district of previous employment, that credit is to be retained but an additional year of credit is not allowed. In no case shall a first (1st) year employee be placed in advance of Step 6.
C. An employee shall progress automatically from one step to the next available step each year. Progress from one column to another shall be by completion of the academic graduate credit.
1. A grade of B or better is required for advancement based on graduate credit, or "pass" if a pass/fail is the grading system required. All graduate units must be job related and approved by the District.
2. To qualify for progress to the higher column for the first semester of the school year, written notice of intention to do so must be filed before June 1st and transcript or grade verification furnished by October 31st. To qualify for movement to a higher column for the second semester of the school year, written notice of intention to do so must be filed before December 1st and a transcript or grade verification must be furnished by the employee on or before January 31st.D. The employee must be employed at least seventy-five percent (75%) of the prior school year as an employee of the District to qualify the employee for an experience step credit for the next school year. Effective July 1, 1996, each employee who works for an entire school year in a District-approved job-share arrangement or part-time assignment shall be eligible for one (1) salary step advancement for each two (2) years of service.
E. Leave of absence for exchange teachers may be granted by the District, not to exceed one (1) of the teaching staff each year. Such employees granted leave of absence must agree to return to the District to teach one (1) year. That employee may progress to the next step on the schedule as though teaching in the District. Payment of salary will be decided by the District in conjunction with the exchange program.
F. It will be the employee's responsibility to furnish adequate proof of experience and training, as specified by the District.
BCLAD - CLAD or Equivalent Stipends
G. An employee who possesses BCLAD or CLAD or an equivalent certification shall be paid a stipend as represented on the Certificated Salary Schedule for the following levels:
$ Level One - CLAD certification completed (limited to employees who worked in the District during the 2003-2004 school year).
$ Level Two - CLAD certification and using CLAD with a designated student cluster and providing the required level of instruction.
$ Level Three - BCLAD certification.
$ Level Four - BCLAD certification and using BCLAD with a designated student cluster and providing the required level of ELD instruction.
The District will reimburse tuition and test fees associated with an employee’s attainment of CLAD or equivalent certification as well as grant District mini-credit or university units toward District salary schedule placement for any employee who completes CLAD certification or District-approved equivalent training. Reimbursement of tuition and test fees and salary schedule credit shall apply only to those unit members who possessed a regular credential and were employed by the District prior to the 20032004 school year.
Extra Credential
H. An employee who possesses a specialty credential and uses the credential in the performance of his/her job shall receive an annual stipend, as represented on the Certificated Salary Schedule.
Teaching Assignment During Preparation Period
I. Each classroom teacher in grades 7 through 12 shall have one scheduled preparation period. An employee who is requested and assigned to teach a regular class at grades 7 through 12 in-lieu of the employee’s preparation period or beyond the contract day (elementary school) shall be compensated as follows:
1. Elementary school – one-sixth of the individual employee’s regular salary placement for the semester on a monthly basis.
2. Grades 7-12– one-fifth of the employee’s regular salary placement when the school has a five (5) period teaching, one (1) preparation period schedule for the semester on a monthly basis.
3. Grades 7-12 – one-sixth of the employee’s regular salary placement when the school has a six (6) period teaching, one (1) preparation period schedule for the semester on a monthly basis.
The employee shall receive the above compensation for each day the employee actually teaches the additional period and for each day the employee is scheduled to teach the additional period but is absent on a paid leave.
J. If students are assigned to an elementary (K-6) teacher or teachers in lieu of hiring a substitute for another teacher’s class, the teacher or teachers shall receive $2.50 per half-day for each student added. If students are assigned to a secondary (712) teacher, and no period coverage is available and the students are assigned to a teacher who already has a class and students assigned during that period, the teacher shall receive $1.00 for each student added for that period. It shall be the responsibility of the unit member to complete and submit a timesheet requesting payment. The District will make every reasonable effort to hire a substitute for the absent teacher prior to assigning the absent teacher’s students to another teacher’s class.
Evaluation Procedures
A. The Association and the District agree that the following evaluation procedures shall be followed during the term of this Agreement. The provisions of this Article shall constitute the procedures to be utilized for the evaluation and assessment of the instructional performance of certificated employees as set forth in California Education Code section 44660, et seq., or successor, commonly known as the "Stull Bill."
1. The District shall provide evaluation materials to employees covered by this Agreement within thirty (30) work days following the beginning date of their assignment. The District will post (at each site) a copy of evaluation materials for employee's viewing five (5) work days prior to Form I conferences.
2. The employee and evaluator shall meet to discuss the instructional objectives and the measurement criteria to be used in the evaluation of the employee's performance. The employee, by the end of the second school month, shall submit to the evaluator a set of proposed objectives and measurement activities based on the District's goals and objectives related to the evaluation.
3. The evaluator shall review the proposed instructional objectives and measurement activities, and shall provide the employee with a set of approved instructional objectives and measurement activities comprised of those proposed by the employee and supplemented by the evaluator. The instructional objectives and measurement activities shall be incorporated in the annual or biannual evaluations. The instructional objectives and measurement activities utilized in determining the level of the employee's performance shall be in conformity with the job description.
4. In the event the employee is in disagreement with the instructional objectives and measurement activities which the evaluator will use in judging the employee's performance, the employee shall be allowed to attach a statement to the instructional objective measurement activity documentation.
5. Within ten (10) work days thereafter, these materials shall be forwarded to the Superintendent for review and conference with the employee. The last step of appeal rights is to the Board of Trustees.
6. The evaluator shall conduct classroom instructional observations and gather other information related to the employee's performance which the evaluator believes to be related to (1) the objectives and measurement activities described herein, and (2) the criteria for employee evaluation and appraisal established by the District's guidelines to be utilized in maintaining a uniform system of evaluation.
a. The evaluator shall within five (5) work days provide the employee with a written statement regarding the classroom instructional observation that the evaluator has conducted. The written statement shall contain a summary of the instructional activities observed and any suggestions for improvement.
b. The classroom instructional observations and information gathering activities related to the employee's performance plan described herein shall be conducted at the discretion of the evaluator but with advanced notification to the employee.
7. The employee, at or near the mid-point of the instructional period, i.e., semester or year, upon request shall provide the evaluator with a written or oral progress report of the employee’s perceptions of the progress being made toward the achievement of the instructional objectives, and the progress being made toward the achievement of any other objectives contained in the employee's performance plan. No later than thirty (30) work days prior to the close of the school year, the employee shall submit a written report as to the achievement or non-achievement of the instructional objectives and any other objectives contained in the employee's performance plan.
8. The evaluator shall, not later than thirty (30) calendar days prior to the last day of school scheduled on the school calendar, prepare a written evaluation utilizing the District's evaluation form which shall contain an appraisal of the employee's performance. In preparing the evaluation document, the evaluator shall utilize only data that has been personally substantiated.
a. The written evaluation document shall be transmitted to the employee in an evaluation conference.
b. In the event that the evaluation document contains derogatory statements, the employee shall be provided with specific notice and shall be given an opportunity to prepare written comments related to the derogatory statements.
c. The evaluation document and the employee's written comments, if any, shall be placed in the employee's permanent personnel file, which shall be housed in the District personnel file repository.
9. The evaluation and assessment of the performance of each certificated employee shall be made as follows:
a. For a probationary teacher, at least twice during the first full school year of teaching and at least once during the second full year.
b. For a permanent teacher, at least once every other school year except as provided in paragraph A.9.c of this Article.
c. For a permanent teacher who has ten (10) years of service to the District, at least every five (5) years pursuant to the provisions of Education Code section 44664(a)(3).
B. If the written evaluation indicates that the employee’s job performance is not at an acceptable level, the evaluator shall describe the specific areas of weakness either in the evaluation or in a separate document. If the evaluation of a permanent employee contains a needs improvement or an unsatisfactory rating in any area of the evaluation related to subject matter knowledge, teaching strategies, and teaching methods or instruction, the employee shall be referred to and shall participate in the Peer Assistance and Review Program ("PAR") as provided by Education Code section 44500 et seq.
1. The evaluator shall confer with the employee and make specific recommendations as to areas of improvements in the employee's performance and shall endeavor to assist the employee in the improvement of his or her performance.
2. With regard to a teacher who has been referred to PAR, the evaluator shall conduct an evaluation of the performance of the teacher that is independent of the PAR activities of the consulting teacher.
C. The content of the evaluator's classroom observation reports and annual evaluation appraisals shall not be subject to the grievance procedures contained in this Agreement. However, an alleged violation of the procedural process of this Article is within the scope of the grievance procedures.
Complaints Against An Employee
D. Any complaint about an employee, which is deemed serious enough to adversely affect the employee's evaluation, shall be reported to the employee within five (5) work days following receipt of a written report of the incident giving rise to the complaint.
1. The principal's comments, made as a result of a public charge, which are serious enough to adversely affect the employee's evaluation and which will be placed in any employee's file, must be reduced to writing and presented to the employee for comments and signature within ten (10) work days following the incident giving rise to the comments.
2. Should the principal, the involved employee, or the complainant believe that the allegations in the complaint are sufficiently serious to warrant a meeting, the principal shall attempt to schedule a meeting between the principal, the involved employee, and the complainant. Another employee may be present at said meeting if so requested by the employee.
3. If the matter is not resolved at the meeting to the satisfaction of the complainant, he/she shall put his/her complaint into writing and submit the original to the employee with a copy to the employee's immediate supervisor. If no written complaint is received, the matter shall be dropped.
4. If the employee challenges the truth of the allegations contained in the complaint, he/she may file a grievance on that basis and a finding to the effect that such allegations are untrue shall result in the immediate destruction of the written complaint.
Employee Discipline
Discipline Procedures
A. For the purposes of this Article, "discipline" or "disciplinary action" shall mean a letter of warning, a written reprimand, or a suspension for a period of up to 15 work days initiated by the District against an employee. The provisions of this Article shall not apply to a "Notice of Unprofessional Conduct" or a "Notice of Unsatisfactory Performance" as set forth in Education Code section 44938, or to any proceeding that arises out of the issuance of such a Notice. Disciplinary action shall be for just cause and shall be administered in accordance with the following:
1. Any matter which may result in discipline shall be brought to the attention of the Superintendent or designee.
2. The Superintendent or designee shall investigate the matter and shall discuss it with the employee or, if requested by the employee, with the employee and a representative within five (5) work days after the matter has been brought to the attention of the Superintendent. The employee shall be informed of the right to be accompanied to the discussion by a representative. If the employee elects not to be represented by an Association representative, the employee shall sign a statement to that effect.
3. As a part of the investigation, the employee shall be notified in writing of the allegations and shall be given an opportunity to respond and to comment on the appropriate disposition.
4. Within five (5) work days of the conclusion of the investigation, the Superintendent or designee shall give the employee written notice of the intended disciplinary action.
a. The notice of disciplinary action shall be personally served upon the employee and shall be signed for and dated upon receipt, or it shall be sent by United States certified mail, return receipt requested, addressed to the employee at his or her last known address.
b. Where the employee has utilized the services of a representative during the investigation, the representative shall also be sent a copy of the notice.
c. The notice of disciplinary action shall inform the employee of the charges as well as the effective date of discipline, which shall be not less than six (6) work days after service of the notice. The notice shall contain a statement in ordinary and concise language of the specific acts and omissions upon which the disciplinary action is based, a statement of the cause for the action taken, and if it is claimed that an employee has violated a rule or regulation of the public school employer, such rule or regulation shall be set forth in the notice. The notice shall contain copies of any document upon which the intended discipline is based, and the proposed discipline.
d. The notice shall inform the employee of the right to demand a hearing before an arbitrator and the time in which the hearing must be demanded, which shall be not less than five (5) work days after service of the notice, unless the Exclusive Representative requests an extension of not more than five (5) additional work days. Any proposed discipline which the Association notifies the District of it's intent to arbitrate, shall be submitted to arbitration as provided in Article 8, paragraph O, of this Agreement. Failure to file the demand for arbitration prior to the deadline shall constitute a waiver of the right to an appeal and the discipline shall be final. An employee who has elected not to be represented as set forth in paragraph B.2 of this Article shall be informed of the right to request an appeal hearing before the Board. Failure to file the request for a hearing as set forth in the notice shall constitute a waiver of the right to an appeal and the discipline shall be final.
5. All information and proceedings regarding any of the above actions or proposed actions, shall be kept as confidential as possible by all parties to the proceeding. The notification to the employee and the Association, as provided in paragraphs A.4.a-b of this Article, shall not be considered a violation of confidentiality.
6. Any proposed suspension of an employee, except an immediate suspension made pursuant to the laws of the State of California or the United States of America, shall be stayed until completion of the appeal/arbitration process if the proposed suspension is challenged.
Leaves
Bereavement Leave
A. An employee covered by this Agreement shall be granted up to three (3) days compensated leave due to the death of a member of the employee's immediate family. If travel is required in excess of three hundred fifty (350) miles, the employee shall be granted two (2) additional days of compensated leave.
1. The District shall require the use of Bereavement Leave before Personnel Necessity Leave days are used.
2. Immediate family shall be defined as including, mother, father, grandmother, grandfather, or grandchild of the employee, or of the spouse of the employee, and the son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, any relative living in the immediate household, or other adult who has had the primary responsibility for raising or care of the employee.
Industrial Accident Illness Leave
B. An employee employed for at least one (1) year covered by this Agreement who has sustained an illness or injury within the course and scope of their assigned duties shall be granted up to sixty (60) days compensated leave during the time when schools of the District are required to be in session or when the employee would otherwise be performing work for the District in any one fiscal year for the same illness or accident. This leave shall not be accumulated from year to year.
1. An employee shall report an industrial illness or accident as soon as possible, normally within twenty-four (24) hours.
2. An industrial accident or illness leave shall commence on the first day the employee is absent from service due to an industrial accident or illness. The sixty (60)-day leave allowance shall be reduced by one day for each day of authorized absence regardless of whether a temporary disability indemnity award has been provided the employee. If an industrial accident and illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave for the same illness or injury.
3. An employee receiving benefits under this leave shall, during the period of illness or injury, remain within the state of California unless District authorizes travel outside the state.
4. During any industrial paid leave of absence, the employee shall endorse to the District the temporary disability indemnity check received on account of his/her industrial accident or illness. The District, in turn, shall issue the employee's salary and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the employee for periods covered by such salary warrants. Upon conclusion of this industrial paid leave, an employee may utilize any available sick leave benefits providing that any sick leave utilization, when combined with temporary disability indemnity, shall not exceed one hundred (100) percent of the employee's normal compensation.
5. An employee shall be deemed to have recovered from an industrial accident or illness, and thereby be able to return to work at such time as he/she provides the District with a release from an authorized Worker's Compensation physician certifying the employee's ability to return to his/her position classification without restrictions or detriment to the employee's physical and emotional well being.
6. The report of an industrial accident or illness shall be kept on file in the Business Office.
7. The benefits provided in this section are in addition to sick leave benefits. Accordingly, the District shall not deduct accumulated sick leave allotment of an employee who is absent as the result of an industrial accident or illness. In the event a dispute arises regarding an industrial accident or illness, no leave shall be granted until a determination has been made regarding the case by the State Compensation Office of Appeals Board. While this dispute is pending, sick leave benefits as prescribed in this Agreement shall be provided. If the Appeals Board determines that the employee is eligible for industrial accident leave benefits, then any sick leave benefits utilized during the appeal shall be reinstated to the employee by the District.
Judicial and Official Appearance Leave
C. An employee covered by this Agreement shall be granted, with compensation, leave for the purposes of regularly called jury duty, appearance as a witness in court in actions where the District is not a party other than a litigant, or to respond to an official order from another governmental jurisdiction for the reasons not brought about through the connivance or misconduct of the employee. An employee shall suffer no monetary loss by reason of this service, but shall receive that portion of his/her salary which represents the difference between fees paid by the Court, or by the party requiring the appearance, and his/her regular salary.
Legislative Leave
D. An employee covered by this Agreement who has achieved permanent status within the District and has been elected to the California State Legislature, shall be granted a non-compensated leave for the full term of the legislative office to which the employee has been elected.
Personal Leave
E. An employee covered by this Agreement may be granted a non-compensated personal leave of absence for reasons not enumerated elsewhere in this Agreement, including but not limited to reasons such as child-rearing, health, study, or travel.
Personal Necessity Leave
F. An employee covered by this Agreement who has sufficient accumulated sick leave credit shall be entitled to the use of his/her accumulated paid sick leave for circumstances that are of compelling personal importance which cannot be expected to be disregarded, which necessitate immediate attention, and cannot be dealt with during off-duty hours.
1. Personal necessity leave shall be granted, with no prior approval, for the following reasons only:
a. Death or serious illness or a member of the employee's immediate family.
b. Accident involving the person or property of the employee or the person or property of the employee's immediate family.
c. Natural or man-caused emergency/disaster.
2. Prior approval is required for all other uses of this leave.
3. Immediate family shall be defined as follows: mother, father, grandmother, grandfather or grandchild of the employee, or the spouse of the employee and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household, or any adult who has had the primary responsibility for raising or care of the employee.
Sick Leave
G. An employee working five (5) days per week for a full contract year shall be annually entitled to at least ten (10) fully compensated days sick leave for each year of employment on the basis of one (1) day per each month of employment. Employees covered by this Agreement working less than full time shall be entitled to sick leave in the same ratio that their employment bears to full-time employment.
1. Pursuant to Education Code section 44977, when an employee has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from duty for an additional period of five school months, the amount deducted from the employee’s salary for any of the additional five months in which the absence occurs shall not exceed the sum that is actually paid a day-today substitute employee or the amount that would have been paid to the day-today substitute had one been employed or 50% of the employee’s daily rate of pay, whichever is less.
a. If the school year ends before the five-month period is exhausted, the balance of the five-month period is carried over to the following school year.
b. As provided by Education Code section 44978.1, when the teacher exhausts the extended sick leave period, the teacher shall be placed on a re-employment list for a period of 24 months if the teacher is on probationary status, or for a period of 39 months if the teacher is on permanent status. The teacher’s return to work shall be as provided by Education Code section 44978.1.
c. The District shall make every reasonable effort to secure the services of a substitute.
d. The District shall have the right to have the teacher examined by a District-appointed physician paid for at District expense.
2. A female employee is entitled to utilize sick leave benefits for pregnancy, miscarriage, childbirth and recovery. The length of the leave of absence, including the date on which the leave shall commence and the date on which the employee shall resume duties, shall be determined by the employee and the employee's physician. The employee’s physician shall provide the District with written notification of the beginning and ending dates of the leave.
3. Pursuant to the provisions of Labor Code section 233, an employee may use his or her available sick leave to attend to the illness of a child, parent or spouse as defined by the statute.
4. Catastrophic Leave/Continuation of Pay status may be available to a certificated employee who has exhausted all full-paid sick leave pursuant to the provisions of Education Code section 44043.5, inclusive, as follows:
a. An affected employee’s pay pursuant to this provision shall consist of the amount of sick leave credit or extra duty credits that are donated to the employee by other employees.
1. Donations of sick leave credit shall be made in blocks that are equivalent to one day of leave for the donating employee. As provided by Education Code section 44043.5(d)(3), the transfer of eligible leave credits is irrevocable. An employee who donates sick leave credits shall be required to have a sick leave balance equivalent to 10 days following the donation.
2. If the employee who donates eligible time credits is at a different salary rate than the employee who receives the credits, the formula to be applied shall be: Donating employee's daily rate multiplied by number of days donated equals $X; $X divided by receiving employee's daily rate equals the number of time credits available to the receiving employee. By way of example:
$ Donating employee - Daily rate $300.00 donates two days: $300.00 x 2 days = $600.00 credit;
$ Receiving employee - Daily rate $250.00 will be entitled to: $600.00 credit) $250.00 daily rate = 2.40 days of benefit credit.
3. The receipt of donated time credits as provided by paragraph G.4 of this Article shall not serve to extend or modify the terms or limitations set forth in paragraph G.1 of this Article or Education Code section 44977. However, at the written request of the employee, donated time credits shall be coordinated with differential pay during a period when the employee is on Extended Sick Leave in order to mitigate the impact of the deduction of the substitute’s pay from the employee’s regular pay.
b. The affected employee shall fill out an application form for catastrophic leave and shall attach a written statement and verification from a licensed physician or practitioner indicating the nature and extent of the illness or injury, the projected date of the employee’s return to work, and a statement that the employee is medically unable to work due to the illness or injury.
1. Where the application is based on the catastrophic illness or injury of a member of the employee's immediate family, all required medical information, statements, and verifications shall be related to the affected family member. In addition, the employee shall attach a written statement indicating the circumstances that require the employee's absence from work.
c. The term "catastrophic illness or injury" shall be defined as set forth in Education Code section 44043.5(a)(1) which states:
"‘Catastrophic illness’ or ‘injury’ means an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for the family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off."
Military Leave
H. Military leave without pay shall be granted to any employee who is inducted into any branch of the Armed Forces of the United States for the period of said induction.
1. The employee shall be considered as if he/she were actively employed by the District during the leave and shall be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent, provided, however, that time spent on said leave shall not count toward fulfillment of the time requirements for acquiring tenure.
2. All benefits to which an employee was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, shall be assigned to the same position which he/she held at the time said leave commenced, if available, or if not, to a substantially equivalent position.
3. Military leave shall be granted under this policy according to the provisions of current and subsequent sections to the California Military and Veterans Code and current sections of the California Education Code.
Sabbatical Leave
I. An employee covered by this Agreement may be granted a partially compensated leave of absence not to exceed one year for the purpose of professional study or travel which will be of direct benefit to the schools and pupils of the District. In order to be eligible for a sabbatical leave, an employee covered by this Agreement must hold a status of a permanent employee and have served not less than seven (7) consecutive years.
1. An employee who has been granted a sabbatical leave may not accept gainful employment without the prior written approval of the Superintendent. Further, an employee on sabbatical leave shall receive District compensation at the rate of fifty (50) percent of the salary that would have been received had the employee continued in active service.
2. It is hereby understood that an employee granted a sabbatical leave shall agree to comply with all reasonable rules and regulations prescribed by the District, including, but not limited to, the preparation of a comprehensive report, which shall include official transcripts of all completed course work, a complete travel itinerary, a recommendation of how the sabbatical leave results may be shared with students and staff, and the presentation of the complete file of all pertinent material either developed or collected during the leave and the recommendation for the use of the material to the benefit of the District students and staff.
3. The District agrees that the employee shall be reinstated to the classification held immediately prior to commencing the sabbatical leave unless the employee and the District mutually agree to an alternative classification.
4. The length of a sabbatical leave shall be not more than one (1) school year, nor less than one-half (½) school year. Not more than one (1) percent of the District's certificated staff may be granted a sabbatical leave during a given school year. The Superintendent shall make his recommendations on sabbatical leaves to the Board.
5. Applications for sabbatical leave for the next school year are to be in writing and filed with the District Office no later than February 1. Applications will be reviewed during the first (2) two weeks of February. A decision on the applications shall be made at a Board meeting in March.
6. Each successful applicant shall sign a written agreement specifying locations, study or travel schedules, and reports to be submitted upon return. The employee must remain in the employment of the District two (2) years upon return from a sabbatical leave. This agreement shall become a part of the employee's contract.
Other Leaves and Absences
J. A request for any leave of absence not covered by the terms of this Agreement may be considered by the District on an individual basis and at the discretion of the District.
Transfer And Reassignment
Definition of Terms
A. Reassignment: The change, either voluntary or involuntary, of grade level and/or subject matter or classroom at a site to another grade level and/or subject matter or classroom at the same site.
B. Transfer: The change of assignment, either voluntary or involuntary, to a different site.
C. Vacancy: A certificated position listed in the Recognition article to which no current probationary, permanent, or categorical employee is assigned, and which the District intends to fill.
D. Transfer/Reassignment Criteria: All transfers, reassignments, and summer school assignments shall be based on the following criteria: Credentials; Evaluations; Recency of related course work; Experience, including non-teaching and recency thereof; A change of student enrollment necessitating staff changes; The preference of the employee; Affirmative Action goals of the District; The recommendation of the administrator where the vacancy exists should be one of the criteria, but not the sole criteria. All other criteria being equal, seniority shall be the deciding factor. The District shall not implement the procedures of this Article in an arbitrary or capricious manner.
Employee-Initiated Transfer
E. An employee may request a transfer to any school within the District and request any position for which the employee is certified and authorized to serve.
1. A transfer request for the following school year shall be completed on the appropriate District form by March 1.
2. Employees may file a request for transfer for general consideration in the District Personnel Office each year on or after October 1.
a. The request shall include a preference(s) of assignment, location(s) desired, and the employee's qualifications for such assignment.
b. Such requests shall be considered for vacancies occurring during the current school year and up to September 30 of the following school year and
shall be invalid thereafter. No employee shall participate in the interview of an employee seeking a transfer or being transferred.
c. If the District determines to interview for a particular position, all employees who have a transfer request on file for that position shall be invited to interview.
3. The Superintendent shall notify the appropriate administrator(s) of the transfer request. Thereafter, administrative consideration shall be given to future requests as positions develop.
4. All vacancies shall be posted in each school. District-Initiated Transfer
F. The District may initiate a transfer to any school within the District and to any position for which an employee is certified and authorized to serve.
1. Prior to implementation, the District shall provide the employee a list of current vacant positions, if more than one vacancy exists. In the event the employee's
preference is not honored, the employee may request a conference and a written statement regarding the reasons the request was denied.
2. Moving of Materials: Upon request, a transferred employee shall receive District assistance in moving personal materials to the new work location.
3. An employee being transferred after the beginning of the student instructional year shall be provided with two days of release time for the purpose of relocating, planning, and preparation.
4. Upon request of the affected employee, any employee who is transferred due to the consolidation or relocation of school sites for the 2004-2005 school year shall be granted up to two (2) paid work days during the summer of 2004 for the purpose of relocating and preparation at the new school site.
Employee-Initiated Reassignment
G. Requests for reassignment will be accepted anytime. No reason need be given and no jeopardy will occur regarding the employee's relationship with the administration.
1. The request need not be for an existing unfulfilled assignment, but may be conditional upon the materialization of an assignment.
2. Requests for reassignment shall receive first consideration of any given open assignment within a school.
District-Initiated Reassignment
H. The District may initiate an employee reassignment.
1. Reassignment occurring after June 1 of any given year will be explained to the Association, upon request.
2. Prior to any administrative reassignment, the employee shall be given as much advance notice as reasonably possible. During the school year, reasonable effort shall be made to give the employee at least five (5) work days' notice of the proper reassignment.
3. Reassignment shall be made only after the District has extended employees the option of a conference to discuss the reason(s) for the reassignment. An employee may instead select to receive a written notice of the reason(s) for reassignment. Said notice shall be received from the District within five (5) work days of the date of the receipt of the request by the District. An employee may have representation if a conference is conducted.
4. Employees reassigned during the school year shall be allowed no less than two (2) days of release time for the purpose of preparation and orientation. Upon request, the employee shall receive assistance in moving personal materials.
5. Upon request of the affected employee, an employee who is reassigned due to the consolidation or relocation of school sites for the 2004-2005 school year shall be granted up to two (2) paid work days during the summer of 2004 for the purpose of relocating and preparation of the new classroom.
Vacancies
I. The District shall post for at least five (5) work days during the regular school year a vacancy notice at each school in the District. The notice shall specify position title, location, grade level/subject matter assignment, credential requirement(s), closing date for application, the date the vacancy is proposed to be filled, and any preferred qualifications.
1. During the summer months, vacancy notices shall be posted for five days at the District Office and shall be mailed to those teachers who, by May 31 of any given year, have notified the District in writing of their interest in a vacancy.
2. No final decision to fill any certificated vacancy shall be made until after the closing date for applications on the notice of vacancy.
3. Teachers shall complete an appropriate District form for each vacancy of interest. Applications expire at the time a vacancy is filled.
4. The District will post all certificated vacancies within the District. The time of posting shall conform to the appropriate bargaining agreement or policy.
Seniority List
J. The District agrees to maintain an up-to-date, district-wide certificated employee seniority list. The District and an Association representative will meet to determine the order of seniority for all probationary employees that have the same hire date in that year. For the purposes of this Article only, the order of seniority will be determined by placing all employees with the same hire date in a drawing at the annual new teacher luncheon. Each employee may be present and draw his or her seniority ranking or may designate the Association representative to draw the ranking.
Procedure For Consultation
A. Pursuant to the provisions for the exclusive representative to consult on items specified in Government Code section 3543.2, the District and Association agree to establish a committee consisting of one (1) employee from each school site and at least two (2) administrators. The Exclusive Representative shall appoint the employees and the Superintendent shall appoint the administrators.
B. The purpose of the committee shall be to consult with the District on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks.
Concerted Activities
A. It is agreed and understood that there will be no strike, work stoppage, slowdown, or other refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the District by the Association or by its officers, agents, or members during the term of this Agreement, including compliance with the request of other labor organizations to engage in such activity.
B. The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward including all employees to do so. In the event of a strike, work stoppage, slow-down, or other interference with the operations of the District by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cause those employees to cease such action.
C. It is agreed and understood that any employee violating this Article may be subject to discipline up to and including termination by the District.
D. It is understood that in the event this Article is violated, the District shall be entitled to withdraw any rights, privileges or services provided for in this Agreement or in the District policy from any employee and/or the Association.
Early Retirement
A. This Article provides that a certificated employee may retire early and, at the same time, enter into an Early Retirement agreement at the discretion of the District in accordance with the Education Code.
B. Employees shall have reached the age of fifty-five (55) and have served a minimum of fifteen (15) years in the District. Employees wishing to participate in the Early Retirement Program shall submit a letter of application to the District by March 1
in order to be included in the program for the following fiscal year. Upon approval of the application by the District, the following procedures shall be followed:
1. The written agreement shall be prepared and offered to all applicants who have been approved by the District.
2. Approved applicants shall return the signed agreement by June 30.
C. The deadline for completion of this provision shall be 15 work days from the date the agreement was offered.
D. The District may extend the above-mentioned time requirements and notification dates at its discretion.
E. The agreement for services shall be limited by the following provisions:
1. The term of the agreement shall be established by the District on an annual basis.
2. The agreement may be discontinued at any time by the retiree or the District upon receipt of written notice.
3. Participants in the Early Retirement Program shall be allowed to continue in the District-paid health plan in the same manner as regular full-time employees according to current eligibility requirements.
4. The agreement, including the compensation rate, shall be established by the District after the salary for this individual is negotiated with the Association.
F. The contract services may include, but are not limited to:
$ Curriculum writing.
$ Planning and conducting in-service sessions.
$ Evaluation of instructional materials and textbooks.
$ Library or administrative assignments.
$ Library services.
$ Development of instructional materials.
$ Planning and supervision of school-sponsored extracurricular activities.
$ Evaluating and categorizing school and District records.
$ Assistance in classrooms.
$ Substitute teaching.
Peer Assistance And Review Program
A. The California Peer Assistance and Review Program ("PAR") provides a mechanism by which exemplary classroom teachers assist other classroom teachers in the areas of subject matter knowledge, teaching methods, and teaching strategies pursuant to Education Code section 44500, et seq.
$ Peer assistance activities are provided by "Consulting Teachers" to "Participating Teachers." Consulting Teachers are selected and designated by the Joint Panel.
$ A Participating Teacher is a classroom teacher who is referred to and required to participate in the PAR program as a result of a "needs Improvement" or "unsatisfactory" rating on the performance evaluation as provided by the terms of
this Article. A permanent classroom teacher may request to be a "Voluntary Participant" subject to the provisions of the law and agreement of the Joint Panel.
The Beginning Teacher Support and Assessment System ("BTSA") provides support and assistance to new District teachers pursuant to Education Code section 44279.1.
$ BTSA program activities are furnished to teachers as defined by the Education Code by BTSA Support Providers.
Joint Teacher Administrator Peer Assistance and Review Panel
B. Oversight and guidance of the PAR program is provided through the Joint Teacher-Administrator Peer Assistance and Review Panel ("Joint Panel"). The majority of the Joint Panel shall be certificated classroom teachers. Certificated administrator members of the Joint Panel shall be designated by the District.
1. The Joint Panel shall be composed of five members, three classroom teachers and two administrators. The term of a Joint Panel member who is a classroom teacher shall be three years, except that the first terms of the teacher members shall be one two-year term, one three-year term, and one four-year term. The classroom teacher members of the Joint Panel shall be designated by the Association. The Association shall certify to the District that the process for choosing the classroom teacher members of the Joint Panel meets the requirements of Education Code section 44502(b).
2. Qualifications for the classroom teacher members of the Joint Panel shall be the same as the qualifications for a Consulting Teacher.
3. Classroom teacher members of the Joint Panel shall receive an annual payment of $50.00 per meeting, (maximum of ten (10) meetings per school year) as compensation for Joint Panel activities that take place outside of the panel member’s regular workday.
4. If a member of the Joint Panel leaves the Panel prior to the completion of his or her term, the vacant position shall be filled for the remainder of the term in the same manner by which the departed member was originally chosen or designated.
5. The Joint Panel shall elect a chair who shall serve for a two year term.
6. The Joint Panel shall meet as it deems necessary to perform its functions. To the extent practicable, meetings shall be held during the regular workday for certificated classroom teachers. Classroom teacher members shall be released from other assigned duties in order to attend Joint Panel meetings. A quorum for Joint Panel meetings shall be four members.
7. The Joint Panel will endeavor to make decisions by consensus. If the attempt to achieve consensus is unsuccessful, decisions shall be made by (1) a majority vote of the Joint Panel if the vote is to select a Consulting Teacher or (2) four votes as to all other issues.
8. Pursuant to Education Code section 44502(a), the Joint Panel shall:
$ Select Consulting Teachers.
$ Review peer review reports prepared by Consulting Teachers.
$ Make recommendations to the Board of Trustees regarding PAR program participants, including informing the Board of the names of PAR participants who the Joint Panel determines have not demonstrated "satisfactory improvement" after receiving "sustained assistance" from a Consulting Teacher. All recommendations pursuant to this provision shall be made to the Board not later than May 10 of the school year in which the PAR program was utilized to assist a Participating Teacher.
$ Make an annual evaluation of the impact of the PAR program "in order to improve the program." The program evaluation shall be presented to the Board of Trustees at a regular meeting not later than June 1 of each school year.
In addition, the Joint Panel has the discretion to submit "recommendations for improvement of the program." Recommendations for improvement are submitted to the Board of Trustees and the Association.
9. In the process of carrying out its obligations, the Joint Panel may establish internal procedures for:
$ Soliciting and reviewing applications for appointment as a Consulting Teacher.
$ Providing appropriate training opportunities for Consulting Teachers.
$ Guiding and assisting Consulting Teachers in (1) the development of performance goals for Participating Teachers; (2) determining appropriate observation scheduling and practices; (3) establishing and maintaining a cooperative relationship with a Participating Teacher’s Principal; (4) assessing staff development activities that may assist in improving a Participating Teacher’s skills and knowledge; (5) writing peer review reports.
$ Providing appropriate training opportunities for Joint Panel members in areas related to the Panel’s statutory responsibility.
10. At the end of each school year, the Joint Panel shall forward all documents and records relating to an employee’s participation in the PAR program to the District Office for filing as provided in paragraph F of this Article.
11. In addition to its PAR program responsibilities, the Joint Panel shall provide advice, recommendations, coordination, and assistance to the District with regard to SB1193 Staff Development programs, the Beginning Teacher Support and Assessment Program, the California Pre-Internship Teaching Program, and a "District Intern" program.
Consulting Teacher Selection and Duties
C. A Consulting Teacher is a classroom teacher who applies for that designation. If selected by the Joint Panel, the Consulting Teacher is assigned to assist another teacher who is in need of development in subject matter knowledge, teaching strategies, and teaching methods or instruction.
1. In order to be selected as a Consulting Teacher, the classroom teacher must possess the requisite minimum qualifications and must file an application with the Joint Panel. The minimum qualifications are:
$ Credentialed classroom teacher with permanent status.
$ "Substantial recent" classroom teaching experience.
$ Demonstrated exemplary teaching ability as provided by Education Code section 44501(c).
$ Demonstrated ability to work cooperatively and effectively with others.
The Joint Panel may agree to additional minimum qualifications that are consistent with the intent of the PAR statute.
2. An application for selection as a Consulting Teacher shall include three references from individuals who have knowledge of the candidate’s expertise. At least one reference shall be from a Principal or other District manager or supervisor who has formally evaluated the candidate’s classroom performance at least twice. One other reference shall be from another classroom teacher. A reference may be submitted from an Association representative who is acting in an official capacity. Following a decision by the Joint Panel as to which candidates, if any, that it will consider, one or more Panel members shall observe each candidate’s classroom teaching performance. A report of the observations shall be made to the Joint Panel prior to any vote to select a Consulting Teacher or Teachers. The Joint Panel shall interview each Consulting Teacher candidate.
3. The assistance provided by a Consulting Teacher shall not involve the participation in nor the conducting of the evaluation and assessment of performance of the Participating Teacher that is set forth this Article and Education Code section 44660 et seq. except for making available to the evaluator, the results of the Participating Teacher’s participation in the PAR program pursuant to Education Code section 44500(b)(7).
4. The assistance provided by the Consulting Teacher shall focus on the specific areas recommended for improvement by the Participating Teacher’s Principal (or designated evaluator) based upon the rating or ratings in the performance evaluation that resulted in the referral to the PAR program.
5. As soon as possible following the assignment of a Consulting Teacher, the Consulting Teacher, Principal (evaluator) of the Participating Teacher, and the Participating Teacher shall meet and discuss the areas recommended for improvement. Thereafter, the Consulting Teacher shall prepare a Plan of Consultative Assistance and time-line which is consistent with the provisions of this Addendum and Education Code sections 44500(a)(2), (3), (5), (6), and (7). The Plan shall:
$ Outline scheduled observations by the Consulting Teacher and any release time requirements for the Consulting Teacher’s activities related to implementing the Plan.
$ Provide for at least 15 hours of direct contact between the Consulting Teacher and the Participating Teacher per semester.
$ Provide for periodic written peer review reports to be submitted to the Joint Panel. A copy of each report shall be provided to the Participating Teacher at the time of submission to the Joint Panel. (As a part of the monitoring process,
the Consulting Teacher may be requested to meet with the Panel to discuss the progress of the Participating Teacher.)
$ Be submitted to the Joint Panel for final development and approval.
6. The Consulting Teacher’s final report of a Participating Teacher’s participation in the PAR program for the school year shall be submitted to the Joint Panel not later than April 1 of the school year. The report shall describe the measures of assistance provided to the Participating Teacher and describe the results of the assistance in the area or areas recommended for improvement. A copy of the report shall be provided to the Participating Teacher and to the Principal (evaluator) at the time of submission to the Joint Panel. The Participating Teacher may submit a written response to the Consulting Teacher’s report within 10 work days. The response shall be attached to the final report.
7. Pursuant to Education Code section 44662(d), results of a Participating Teacher’s participation in the PAR program shall be available for consideration as part of the Principal’s (evaluator’s) evaluation and assessment of employee performance.
8. With regard to a teacher who has been accepted as a Voluntary Participant , the Plan set forth in paragraph C.5 of this Article shall focus on the area or areas identified by the Voluntary Participant. Unless requested by the Voluntary Participant, the Consulting Teacher shall not submit peer review reports or a final report of participation to the Joint Panel. A Voluntary Participant may terminate participation at any time.
9. Following completion of the final report of participation, a Consulting Teacher who is assigned to assist a Participating Teacher shall receive an annual payment of $1500.00 as compensation for PAR activities and functions that were performed outside of the Consulting Teacher’s regular workday and/or work year. The Joint Panel will develop a budget to administer the PAR and BTSA programs. Expenditures for the PAR/BTSA programs shall not exceed revenues received from PAR/BTSA funds made available through the passage of AB1X. The budget will include compensation for the Consulting Teacher'(s).
Participating Teachers
D. A Participating Teacher is a classroom teacher who has been referred to the PAR program as a result of a needs improvement or unsatisfactory rating in any area of the evaluation and assessment of performance that is set forth in this Article related to subject matter knowledge, teaching strategies, classroom management, and teaching methods or instruction. Referral to and participation in the PAR program is mandatory.
1. If there is a sufficient number of designated Consulting Teachers, a Participating Teacher may inform the Joint Panel of any preference prior to the Panel’s assignment of a Consulting Teacher.
2. The Participating Teacher may request a change in an assigned Consulting Teacher. Depending on the availability of another appropriate Consulting Teacher, one request for a change shall be granted.
3. A Participating Teacher may respond to a Consulting Teacher’s final report in a meeting with the Joint Panel or by filing a written submission. If a Participating Teacher desires to file a written response, the response must be made in writing within five work days of the date of the final report.
Miscellaneous Provisions
E. Confidentiality of the Process: Discussion related to an employee’s participation in the PAR program shall be kept in strict confidence by Joint Panel members, Consulting Teachers, and the Principal (or designated evaluator) of a Participating Teacher.
F. Records: Documents and writings relating to an employee’s participation in the PAR program are regarded as personnel matters and shall be subject to the personnel record exemption of the Public Records Act (Government Code section 6250 et seq.). Except for a Consulting Teacher’s final report of an employee’s participation in the PAR program pursuant to Education Code section 44500(b)(7), the Joint Panel’s recommendation to the Board of Trustees regarding PAR program participants pursuant to Education Code section 44502(a), and any management follow up evaluation and assessment of performance by the employee’s Principal or designated evaluator, all documents relating to participation in the PAR program shall be maintained in a separate file.
G. Liability: As provided by Education Code section 44503(d), a certificated bargaining unit employee who performs functions pursuant to this Article as a Joint Panel member or as a Consulting Teacher shall have the same protection from liability and access to appropriate defense as other public school employees pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. Pursuant to the terms of the District’s liability insurance policy, the employee shall be indemnified and held harmless against any claims, causes of action, damages, grievances, administrative proceedings or any other litigation arising from participation in the PAR program.
H. Bargaining Unit Status: A certificated bargaining unit employee who implements any PAR program functions is not a management or supervisory employee for purposes of the Educational Employment Relations Act.
I. Reopening This Article: The parties agree that this Article shall be reopened if either Education Code section 44500 et seq. or the State’s implementation guidelines or regulations are modified in any manner that adversely impacts a term of the Article. The parties further agree that this Article may be reopened at any time by mutual agreement. Finally, the parties agree that reopening this Article does not reopen the Collective Bargaining Agreement.
J. Termination of This Article: If State funding for the PAR program is eliminated, this Article shall expire and have no force or effect without the need for further action by either the District or the Association. The District shall notify the Association in writing that the PAR program funding has been eliminated.
Professional Growth
A. The following provisions shall apply to those certificated employees who are required to adhere to the professional growth standards of Education Code Section 44277, et seq.
1. The District will implement the professional growth program as set forth in the Education Code and the California Code of Regulations.
2. By September 15 of each year, the selection process shall begin. Professional growth advisors shall be designated by the District. The employee may select the advisor from the list of advisors provided by the District. An advisor may decline selection by an individual employee.
3. The advisor shall return any written communication made by the employee within ten (10) days of receipt. If the advisor cannot take a positive action on the employee's written communication, the reasons shall be provided to the employee in writing.
4. The requirement for professional growth shall be separate and distinct from the evaluation process pursuant to Education Code section 44660 and ARTICLE 16, EVALUATION PROCEDURES, of this Agreement.
5. College course credits which are earned as part of the professional growth program, and which otherwise meet the District's requirements for salary credit, shall be applied to the employee's salary in the same manner as other college course credits.
6. The Association will be invited to participate in the District pre-service and inservice programs for affected employees. The District will provide a staff development program of a minimum of thirty (30) clock hours per school year, which adheres to the professional growth standards of the State of California.
7. Notwithstanding, the final responsibility for complying with the requirements of this Article remains with the individual employees.
Summer School
A. A summer school program will be conducted at the discretion of the District. Summer school employment is contingent upon student attendance. Compensation for summer school work shall be at the District’s hourly rate of pay as set forth in Appendix B-2 of this Agreement.
1. The summer school work day shall be determined by the District by grade level based on State requirements and shall include at least one (1) duty-free break.
2. A summer school assignment shall be for at least twenty (20) days of instruction based on State requirements. In addition, each employee shall have one (1) paid day for program preparation.
3. A summer school teacher shall be entitled to utilize one (1) day of illness leave as provided for in Article 18.
B. Potential summer school vacancies will be posted by the District at each school site no later than April 1. Requirements for consideration for summer school employment are:
1. An appropriate teaching credential.
2. The criteria of Article 19, paragraph D, of this Agreement: Credentials; Evaluations; Recency of related course work; Experience, including non-teaching and recency thereof; A change of student enrollment necessitating staff changes; The preference of the employee; Affirmative Action goals of the District; The recommendation of the administrator where the vacancy exists should be one of the criteria, but not the sole criteria. All other criteria being equal, seniority shall be the deciding factor.
3. A letter of application to the District for the vacant position.
C. Priority consideration shall be given to qualified employees before making offers of employment to first-year District employees who do not have teaching experience in the District or to qualified candidates from other districts. No employee shall be required to teach summer school.
D. Summer school teaching assignments shall be posted at each school site no later than June 1.
Repairing Or Replacing Employee Personal Property
A. The District shall reimburse an employee up to $500 for each incident, providing reasonable care has been exercised, for any reasonable loss, damage, or destruction of personal property of the employee while on duty, on school property, or on a schoolapproved activity, if not covered by insurance. The value shall be determined by the employee and the District. For the intent of this section, the definition of personal property includes, but is not limited to glasses, hearing aids, dentures, watches, or articles of clothing.
Effect Of Agreement
Complete Understanding
A. The terms and conditions set forth in this Agreement represent the full and complete understanding between the parties hereto. This Agreement specifically supersedes and replaces the prior collective bargaining agreement between the District and the Exclusive Representative, any and all Addenda to the prior collective bargaining agreement, and any and all other understandings, oral or written entered into between the District and the Exclusive Representative.
B. The terms and conditions of this Agreement may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment executed according to the provisions of this Agreement.
Printing of Agreement
C. Within thirty (30) days of ratification of this Agreement by both parties herein, the District shall provide the Association with a sufficient number of contracts for distribution to existing employees. The District agrees to provide any newly hired employees with a copy of the Agreement. New employees shall receive current copies at the time offers of employment are rendered.
Savings Provisions
D. If any of the provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will not be deemed valid except to the extent permitted by law. However, all other provisions will continue in full force and effect.
Completion Of Meet And Negotiation
A. During the term of this Agreement, the Acton-Agua Dulce Teachers Association expressly waives and relinquishes the right to meet and negotiate, and agrees that the District shall not be obligated to meet and negotiate with respect to any subject or matter whether or not the subject or matter is referred to or covered in this Agreement, even though each subject or matter may not have been within the knowledge or contemplation of either or both the District or the Association at the time they met and negotiated on and executed this Agreement, and even though such subject or matters were proposed and later withdrawn. The District agrees during the term of this Agreement not to change any working condition within the scope of bargaining without first notifying the Association, and if requested, negotiate the issue with the Association. This Article in no way limits the right of the parties to seek change with respect to a successor contract.
B. If there is a change of the Education Code relative to a matter or matters set forth in this Agreement that has the effect of modifying or repealing a term of this Agreement, the District will notify the Association of the change in writing and, if requested, negotiate the issue with the Association.
Term
A. This Agreement supersedes and replaces the prior Agreement which was in effect for the 2002 through 2004 school years. This Agreement shall be in full force and effect from the date of completed ratification by the parties to June 30, 2006, and shall
continue in effect year by year unless one of the parties notifies the other in writing of its request to modify or amend the Agreement. For the 2005-2006 school year, each party shall have the right to re-open salaries, employee benefits, and two (2) articles
1. The parties have agreed that, if the District determines to issue layoff notices to certificated employees during the term of this Agreement, negotiations on the effect of the layoff shall commence at the written request of the Association
Recommended For Ratification
For The District:
Linda Wagner
District Superintendent
Jennifer Noga Director, Business Operations
Phil Rosell Director, Curriculum And Instruction
For The Association:
Dr. David Aponik Cta Primary Contact Staff
Tim Jorgensen Chair, Bargaining Team
Linda Byrnes Bargaining Team
Judy Conant Bargaining Team
Frank Nelson Bargaining Team
Gabrielle Scheidig Bargaining Team
Monica Williams Bargaining Team
Ratified And Accepted
By their signatures below, the signatories certify that they are the authorized representatives of either the District or the Association as the contracting parties; that all actions necessary for the District or the Association to ratify and accept this Agreement as a binding and bilateral agreement have been completed in the manner required by that party and the law; and that this Agreement is hereby entered into without the need for further ratification and acceptance.
Acton-Agua Dulce Unified Acton-Agua Dulce Teachers
School District Association/Cta/Nea
By: By: Steve Harbeson President, Board Of Trustees
Diana Baker President
By: Melissa Harnett Clerk, Board Of Trustees
Date: March ___, 2005
Appendix A
Certificated Salary Schedule (Attach Upon Completion)
District Proposals:
Add To Existing Stipends: Bclad-Clad Level One $ 606 Level Two $1,000 Level Three $1,500 Level Four $2,000
District Bilingual Coordinator $3,600
District’s Hourly Rate: $30.00