2014-2017 P-BVUSD-P-BVTA/CTA/NEA Collective Bargaining

CERTIFICATED
EMPLOYMENT CONTRACT
2014-2017
Panama-Buena Vista Union School District
Panama-Buena Vista Union Teachers
Association/CTAINEA
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COLLECTIVE BARGAINING AGREEMENT
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BETWEEN THE
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PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
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AND THE
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PANAMA-BUENA VISTA TEACHERS ASSOCIATION/CTA/NEA
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2014-2017
TABLE OF CONTENTS
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ARTICLE
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PAGE
A GREEMENT. . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . • . . . . . . . . 1
RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . 1
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II
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Ill RIGHTS OF THE EXCLUSIVE REPRESENTATIVE.. . . . . . . . . . . • . • . • . . . . . . . . . . 1
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AGENCY F EE PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
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DISTRICT OBLIGATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
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ASSOCIATION OBLIGATIONS. . . .. . ... .. ••.. . ... . . . .....•• ••. ..
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R ELIGIOUS O BJECTORS. . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . .
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HOLD HARMLESS AND INDEMNIFICATION.. . . . . ................. . .
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MONTHLY PBVUSD- PBVTA MEETINGS.. • . . . . . . . . . . . . . . . . . . . . . . . . . 3
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PERSONNEL POLICY CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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IV HOURS OF EMPLOYMENT. . .. . ...... . . ... ... •.... .. .... . ...........
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WORK Y EAR. . . . . . . . . . . . ... . . . ... .... ...... .. .. ..... ...... .. 4
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WORK DAYS .. .... ... .... .. ................... .. .... . . . • ... .
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O VERNIGHT ENVIRONMENTAL CAMP •• • . .. ............ . . . . ....•. . .. 7
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JOB-SHARING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
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V
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CERTIFICATED EMPLOYEE EVALUATION PROCEDURES • ... . . . . .. .. . . ... .. . 9
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G ENERAL PROVISIONS. . • • . . . . . . . . . . . . . . . . . • . • . . . . . . . . . . . . . . . . . 9
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FORMAL CLASSROOM OBSERVATIONS. . . . . . . . . . . . . . . . . . . . . . . • • . . .
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FORMAL WRITTEN EVALUATION. . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . .
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REMEDIATION PROCESS . ... ...• .. •..... . . . .. . . ... . ...• . . •.•. . .
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VI GRIEVANCE PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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G ENERAL PROVISIONS. . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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INFORMAL LEVEL. . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . • . . . . 14
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LEVEL ONE..... .. ... .... .......... . . . . .. . ......... .. . .. .. .
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L EVEL Two. . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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L EVEL THREE. . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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LEVEL FOUR- ARBITRATION. . . . . . . . . . . . . . . . . . . . . . . • • • • . . . . . . . . . 15
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VII LEAVES OF ABSENCE. . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . • . . . . . 17
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REGULAR SICK LEAVE. . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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PREGNANCY LEAVE. . . . . . . . . . . . . . . . . . . . . . . • • . • . . . . . . . . . . . . 17
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EXTENDED SICK LEAVE. ... . ...... . ...... ....... .. ....... .. 17
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Table of Contents (page ii)
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FAMILY SICK LEAVE. . ......... •... ... ..... . ............... . . .
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FAMrLYANDMEDICAL LEAVEACT.... •. . ......... . ... .... ..... . .. 18
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PERSONAL NECESSITY LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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B EREAVEMENT LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . 18
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COMPELLING PERSONAL LEAVE. . . . . . . . . . . . . . . • . . . . • . . . . . . . . . . . . 18
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UNPAID PERSONAL LEAVE... . . . ........... ...... . . . .. ..... . . . .
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JURY DUTY LEAVE. . . . • . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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INDUSTRIAL ACCID ENT/ILLNESS L EAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . .
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INSERVICE LEAVE. . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . • . .
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CHILD BONDING L EAVE.. . . . . • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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UNPAID EXTENDED LEAVE. . . . . . . . . . • . . . • • . . . . . . . . . . . . . . . . . . . . .
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JUDICIAL/SUBPOENA LEAVE. . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . 20
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MILITARY LEAVE .. .... . .... . . .. ..... . . .. .. . . ..... .. . . ... . .... 21
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SABBATICAL LEAVE . .......•....... . .... . ...... . ... . ..... .. . . 21
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CATASTROPHIC LEAVE/CONTINUATION OF PAY STATUS.. . . . . . . . . . . . . . •
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VIII SAFETY AND MISCELLANEOUS CONDITIONS OF EMPLOYMENT. . . . . . . . . . . . . .
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SAFE WORKING CONDITIONS. . . . . . . . . . . . . . . . . • • . . . . . . . . . . . . . . . .
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STUDENT DISCIPLINE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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SUPPORT AND A SSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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PERSONAL PROPERTY PROTECTION .. . . . . . . . . . . . . . . . . . . . . . • . . . . . .
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TUBERCULIN TESTS. . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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NOTIFICATIONS OF TEACHERS. . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . .
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IX TRANSFERS/REASSIGNMENTS. . • . . • . • . . . . . . . . . • . . . . . . . . . . • • • . . . . • .
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GENERAL P ROVISIONS. . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . .
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ANNUAL REASSIGNMENT PROCESS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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REASSIGNMENT PROCESS. . . . . . . . . . . . • . • • • . . . . . . . . . . . . . . . . .
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COMBINATION CLASS PROVISIONS........ .. . . .... . . . ........ . 26
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ANNUAL TRANSFER POSTING PROCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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VOLUNTARYTRANSFERIREASSIGNMENT................ ....... ... . 27
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SUMMER TRANSFER PROCESS. . . . . . . . . . . . . . . . . . . . • • • • • . . . . . . 27
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INVOLUNTARY TRANSFER/REASSIGNMENT. . . • . . . . . . . . . . . . • . . . . . . . . 27
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Table of Contents (page iii)
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WRITTEN RESPONSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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N OTIFICATION , PREPARATION AND ORIENTATION. . . . . . . . . . . • • . • . . . . . .
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CLASSROOM RELOCATION. . . . . . . . . . . . . . . . . . . . . . . . ...... .. .... .
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CLASS SIZE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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XI HEALTH AND WELFARE BENEFITS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . .
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HEALTH INSURANCEPACKAGE............•...... . ............ . .
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BENEFITS UPON RETIREMENT. . . . .. . . ........... . ...... . ... . ...
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H EALTH AND WELFARE BENEFITS COMMITIEE. . . . . . . . . . . . . . . . . . . . . .
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X II SALARY REGULATIONS/PROFESSIONAL GROWTH . .. . . ..... . .. . ...•.....
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CERTIFICATED SALARY SCHEDULES. . . . . . . . . . . . . . . . . . • • . . . . . . . . . . 31
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INITIAL SALARY SCHEDULE PLACEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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MASTER'S DEGREE S TIPEND. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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SUMMER SCHOOL SALARY........... • ....•..•.. . ... .... . . ... . •
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PROFESSIONAL GROWTH/INSERVICE TRAINING FOR SALARY CREDIT.. . . . . 31
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CONTRACT HOURLY RATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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ADJUNCT DUTIES STIPENDS. • . • • • • . . . . . . . . . . . . . . . . . . . • . . . . . . . . .
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JUNIOR HIGH EXTRA TEACHING PERIOD. . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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PROFESSIONAL DEVELOPMENT STIPEND.. . . . . . . . . . . . . . . . . . . . . . . . . .
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X III CONCLUSION . . . .......... .. ............ . .•• . •... . ... ... .. . ....
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COMPLETION OF NEGOTIATIONS ..... .. .. ... . ........ • •......... .
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SCOPE OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . • . • . . . . . . . . . . . . . . . .
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S EVERABILITY AND SAVINGS.. . . . . . . . . . . . . . . . . . . . . . . . . . • . . • . . . . . 34
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NO STRIKE OR C ONCERTED ACTIVITIES. . . . . . . • . . . . . . . . . . . . . . . . . . . 35
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SIGNATURE PAGES
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R ECOMMENDED FOR RATIFICATION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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RATIFICATION AND ACCEPTANCE. , . ••.•....... . .... . ..... . . ........
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APPENDICES
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A.1
TEACHER SALARY SCHEDULE.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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A.2
SCHOOL NURSE SALARY SCHEDULE.... . . . . .. • . .. .. ... .. . . ....... 42
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A.3
SPEECH PATHOLOGIST SALARY S CHEDULE.. . . . . . . . . . . . . . . . . . . . . . . . 45
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Table of Contents (page iv)
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EXTRA DUTY SCHEDULE.. . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
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C
TERMS DEFINED.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • . . • . • 49
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D
GRIEVANCE FORMS... .. . .............. . .. . ... . ... .... . . . . . . . 50
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E
EVALUATION FORMS.. . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . .
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F
PERFORMANCE NOTIFICATION FORMS.. .. ..... . . .. . .. .... ... . . ... 58
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G.1
CERTIFICATED TRANSFER OR REASSIGNMENT FORM.. . . . . . . . . . . . . • . . .
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G.2
SUMMER CERTIFICATED TRANSFER OR REASSIGNMENT FORM . . . . . . . . . . 61
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ARTICLE I
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AGREEMENT
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A.
The articles and provisions contained herein constitute a bilateral and binding agreement
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("Agreement"} by and between the PANAMA-BUENA VISTA UNION SCHOOL DISTRICT ("District" or
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"Employer'') and the PANAMA-BUENA VISTA TEACHERS ASSOCIATION/ CTAINEA {"Association" or
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"Exclusive Representative"), an employee organization.
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B.
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Government Code ("Act"}.
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C.
This Agreement shall remain in full force and effect from July 1, 2014, through June 30, 2017.
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D.
The District and Association agree that no member of the bargaining unit shall be
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discriminated against on the basis of race, color, creed, age, sex, national origin, political affiliation,
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domicile, marital status, physical handicap, membership (or non-membership) in an employee
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organization, or participation (or non-participation} in the activities of an employee organization.
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Implementation of the terms of this Agreement shall not be done in an arbitrary, capricious, or
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discriminatory manner.
This Agreement is entered into pursuant to Chapter 10.7, sections 3540-3549, et seq . of the
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ARTICLE II
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RECOGNITION
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A.
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employees of the District in this unit as set forth below:
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1.
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The Dis trict recognizes the Association as the Exclusive Representative of all certificated
The unit shall include: all permanent, probationary, and temporary certificated teachers,
Speech Pathologists, and School Nurses.
2.
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The unit shall not include certificated management, supervisory and confidential employees
as defined by the Act, substitute, or classified employees.
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ARTICLE Ill
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RIGHTS OF THE EXCLUSIVE REPRESENTATIVE
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Agency Fee Provisions
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A.
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exclusive right to have Association membership dues or agency fee amounts deducted by the
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Employer from the wages or salary of each employee in the bargaining unit in accordance with the
Pursuant to Government Code section 3540.1 (I), 3543, and 3546, the Association has the
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provisions of this Article.
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B.
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continuing employment, to join the Association or to pay an agency fee amount to the Association.
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C.
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shall deduct an agency fee as set by the Association, from the wages or salary of all employees
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who fall within the scope of representation of the Association.
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1.
Each employee in the certificated bargaining unit shall be required, as a condition of
District Obligations. Upon written notification to the District by the Association, the District
The payroll deduction shall commence no later than the end of the month following the month
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in which the authorization is received. The dues payments will be transmitted to the
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Association as soon as practicable after the deduction is made.
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2.
The District agrees to process Association agency fee payments as provided by the terms of
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this Article. Upon remitting the Association agency fee amounts pursuant to the terms of this
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Article, the District has fulfilled its entire obligation relative to the fees.
Association Obligations. The amount of the agency fee shall be set by the Association, but
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D.
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shall not exceed the dues paid by an Association member.
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1.
the amount(s)of agency fees to be deducted from the wages or salary of the employees.
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On a yearly basis, the Association shall notify the District in writing regarding any changes in
2.
The Association shall be responsible for notifying all new certificated employees regarding
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the provisions pertaining to Association agency fee deductions and of State and federal laws
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and regulations related to the rights of agency fee payers.
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3.
The Association will be responsible for all rebates and reductions of the equal to portion of
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the agency fee that represents political or ideological spending on the part of the Association,
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CTA, and NEA not related to collective bargaining or employment matters.
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4.
The Association shall be solely respon sible for determining an employee's religious objector
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status (referred to in paragraph E, below). The Association shall also be solely responsible
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for any and all remittance to designated charities of amounts equal to the agency fee
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collected from those employees determined by the Association to qualify for religious objector
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status.
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E.
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not a member of the Association and who is a member of a religious body whose traditional tenets
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or teachings include objections to joining or financially supporting employee organizations shall be
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required, as a condition of continued employment, to pay an amount equal to the agency fee to a
Religious Objectors. As provided by Government Code section 3546.3, an employee who is
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charity. The charities to which payment may be made are:
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Alliance Against Family Violence,
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California Living Museum, or
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Kern Adult Literacy Council.
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An employee who asserts religious objector status shall furnish a written statement of objection
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along with verifiable evidence of his or her membership in the religious body to the Association in
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order to be excused from the agency fee obligation.
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F.
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shall defend the Employer, its officers, agents, employees, representatives and members of its
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governing board , from and against claims, demands, losses, judgments, liabilities, causes of action
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and expenses, including attorney fees and costs, of any kind or nature they may sustain or incur
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or which may be imposed upon them arising out of any legal challenge, court action, and/or action
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before the Public Employment Relations Board or other administrative agency challenging the
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legality, implementation, or constitutionality of the Association dues or agency fee provisions of this
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Article or the underlying statutes.
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1.
The Employer shall notify the Association in a timely manner of any court, PERB, or other
administrative action or proceeding that is filed against the Employer arising out of this Article.
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Hold Harmless and Indemnification. The Association shall indemnify and hold harmless and
2.
The Association shall have the sole right to decide and determine whether any action or
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proceeding covered by the terms of paragraph F shall be compromised, resisted, defended,
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tried, or appealed.
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3.
The Association agrees to pay to the Employer all reasonable legal and/or representation fees
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and costs incurred by the employer, its officers, agents, employees, or representatives in
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defending against any court action or action before the Public Employment Relations Board
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or other administrative agency challenging the implementation, legality, or constitutionality of
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the Association dues or agency fee provisions of this Article.
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Monthly PBVUSD-PBVTA Meetings
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G.
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year with the Superintendent and District designees in order to consult in developing, reviewing,
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and supporting implementation of the LCAP as provided in the LCAP Template, and to provide on-
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going consultation for items set forth in Government Code section 3543.2(a) or any other items of
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mutual interest.
The Association President and/or Association.designees shall meet monthly during the school
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Personnel Policy Changes
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H.
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Agreement, the District agrees that any changes, modifications, deletions, or additions shall not be
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effected without first notifying and allowing the Association to request that such matters be reviewed
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on a "meet-and-confer" basis.
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1.
With respect to personnel policies of the District directly related to employees covered by this
Matters of policy changes, modifications, deletions, or additions shall be reflected on the
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Board of Trustees' meeting agenda, and a copy of such agenda will be provided to the
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Association by District mail. The mailing of such agendas shall be notice of any proposed
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personnel policy action by the District.
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2.
Within five (5) days of mailing, the Association may, at its option, request in writing that the
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proposed actions be reviewed in a "meet-and-confer" session.
For purposes of this
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paragraph, "meet and confer" is defined as a meeting between a representative or
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representatives of the District and a representative or representatives of the Association. The
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proposal shall be explained by the District and the Association shall be afforded a reasonable
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opportunity to express the views of the Association related to such proposal. Any written
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statement which the Association may submit to the District reflecting the position of the
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Association regarding the policy proposal shall be transmitted by the Superintendent to each
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member of the Board of Trustees. The "meet-and-confer" process shall Include only the
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procedures in this subparagraph.
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ARTICLE IV
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HOURS OF EMPLOYMENT
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Work Year
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A.
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three (183) days. The work year for Nurses is one hundred ninety-four (194) days. The work year
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of an employee in his or her first year of service to the District is up to one hundred and eighty-six
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(186) days.
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1.
The regular work year for bargaining unit members is not more than one hundred and eighty-
Employees shall be provided a work calendar for the school year following the District's
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adoption of the student calendar. Unless modified by the State, the student calendar shall
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be based on one hundred and eighty (180) days of instruction.
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2.
The District and Association agree to consult on the school calendar prior to November 1 of
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the preceding school year.
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Work Days
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B.
Bargaining unit members shall be on duty on regular work days as follows:
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1.
The length of the workday for teachers shall be seven (7) hours and thirty (30) minutes.
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a.
Teacher duties are as assigned by the respective site administrator.
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b.
The District shall assign site placements and work schedules for elementary Music and
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Physical Education teachers on an annual basis. Adequate travel time shall be provided
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within the work schedules.
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2.
hours.
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The length of the workday for School Nurses and Speech Pathologists shall be eight (8)
3.
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All employees shall be provided with a duty-free, uninterrupted lunch period of at least thirty
(30) minutes.
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c.
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work day for the purpose of attending a regularly scheduled monthly staff meeting.
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1.
The site administrator shall provide the teachers with one week prior notice whenever this
additional time requirement is implemented.
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Employees may be required to remain an additional thirty (30) minutes beyond the normal
2.
Compensatory time shall be allowed in instances other than the meeting stated above where
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required on-site faculty meetings are conducted outside the hours of the regular workday.
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a.
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or her administrator.
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b.
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at the contract hourly rate at the next appropriate pay period.
Compensatory time shall be taken at times mutually agreed to by the employee and his
Compensatory time must be arranged within 60 days of the activity. If not, it will be paid
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D.
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attend to matters of personal necessity or personal emergency under one of the following
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conditions:
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1.
Upon the final dismissal of the employee's students at the end of the instructional day; or,
27
2.
Another teacher volunteers to assume the responsibility for the employee's class during the
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An employee may leave the school site at the discretion of the administrator or designee to
instructional day for a specified period of time.
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The employee must notify the administrator prior to the use of this provision. A request shall not
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be denied arbitrarily or capriciously.
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E.
On a District-designated Professional Readiness and Education Program ("PREP") Day,
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employees are required to work the full 7.5 hour day. Teachers may suggest items to be included
2
on the PREP Day agenda. When a PREP activity reaches the end of the 7.5 hour day, employees
3
will have the option to leave work.
4
1.
With prior approval, an employee who remains to the completion of the activity that was
5
scheduled to finish and/or ended beyond the regular workday shall be eligible for
6
compensatory time off equal to the additional time.
7
2.
8
9
Compensatory time shall be taken at times mutually agreed to by the employee and his or her
administrator.
F.
Attendance may be required at not more than three (3) evening meetings and/or activities,
10
such as school carnivals, concerts, open house, back-to-school night, etc. At the beginning of the
11
school year, the site administrator shall notify teachers regarding which evening meetings and/or
12
activities are required for staff attendance at a particular school.
13
1.
If a teacher is asked by the administrator and agrees to attend more than the required
14
evening meetings and/or activities, compensatory time which is mutually agreeable to the
15
administrator and the affected teacher shall be provided.
16
2.
In those cases where the teacher's assignment includes specialized activities, such as band,
17
choru s, drama/speech, etc., the limitation shall be not more than six (6) such evening
18
meetings and/or activities.
19
3.
District shall compensate the teacher at the contract hourly rate.
20
21
In the event that the District requires attendance in excess of the limitations stated herein, the
4.
In any school year during which teachers are subject to furloughs, attendance will be required
for not more than two (2) evening meetings and/or activities.
22
Yard duty aides in lieu of teachers will be assigned to supervise all recess yard duties which
23
G.
24
occur during the instructional day for Transitional Kindergarten through sixth grade at each
25
elementary site.
26
teachers
27
as a result of implementation of AB501, the District will meet with the Association to negotiate the
28
effects of the decision.
29
H.
The regular workday schedule shall be modified or reduced as follows:
30
1.
The teacher workday shall be reduced by (1) hour to accommodate days for meetings and/or
31
Duties which occur before or after the instructional day will be assigned to
on an equitable basis.
In the event the District determines to eliminate yard duty aides
activities specified in paragraph F, above.
32
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1
2.
2
The workday shall be reduced two (2) hours on the days prior to Thanksgiving, Winter, and
Spring recesses.
3
I.
Teachers in grades 7 and 8 will have the equivalent of one (1) preparation period per day.
4
J.
A regular classroom teacher in grades 4, 5, and 6, may utilize a forty-minute period for
5
preparation based on assignment of a music teacher or physical education teacher to be in charge
6
of the regular teacher's entire class. If the teacher loses his or her preparation time because a
7
scheduled music or physical education teacher is absent and a substitute is not available, the
8
teacher will be compensated at the contract hourly rate of pay for the missed preparation time.
9
K.
If the District's efforts to obtain a substitute teacher at grades Transitional Kindergarten
10
through sixth are unsuccessful, students will be distributed to the remaining teachers. The affected
11
teachers will be compensated at a per diem rate based on Column VI, Step 7 of the Certificated
12
Salary Schedule according to the percentage of students received. A junior high teacher who
13
substitutes during a prep period will receive 1
14
circumstances where the employment of a substitute employee is required by law (e.g., laid off
15
teachers), teachers may request a substitute of their choice.
16
L.
17
curriculum, book selection, etc.
18
Overnight Environmental Camp
19
M.
20
their students, if at all possible, and participate in the activities provided for the students. In the
21
event that the regular sixth grade teacher is unable to attend, he or she may change assignments
22
for the duration of the camp with another teacher at the school site with the approval of the
23
administration.
24
Job-Sharing Program
25
N. ·
26
responsibilities for one (1) full-time teaching position. Salary compensation for each participant will
27
be based on fifty percent (50%) of a full-time equivalent position ("fte"). The District allocates one
28
(1 .00fte) health benefits insurance contribution to each job-share position.
29
1.
30
31
n
of his or her daily rate of pay.
Except in
Attendance shall be on a voluntary basis for participation on committees to consult on
Sixth grade teachers are expected to attend Camp KEEP or other environmental camps with
Job Sharing is a plan whereby two (2) permanent employees share the duties and
Both participants in a job-sharing plan shall attend the following District functions, with or
without compensation regardless of what format is used in splitting up the yearly schedule:
All pre-school orientation meetings
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1
Back-to-School Night
2
All staff inservice days
3
Open House Night
4
Check-out day
5
2.
Participants in the Job Sharing program shall be covered by, and subject to, all provisions of
6
this Agreement, with the following exceptions and conditions:
7
a.
8
given year unless the administrator agrees to additional job-sharing positions.
9
b.
Two (2) job-sharing teams shall be the maximum allowed at any school site during a
Unit members selected for participation in the program shall be reemployed as part-time
10
unit members at fifty percent {50%} of a full-time equivalent position. This action shall not
11
constitute a break in service. The employees' permanent status shall be based upon the
12
hours of the part-time positions.
13
c.
14
evaluation. The program will continue only by mutual agreement of all the parties. Upon
15
termination of the Job Sharing assignment by the District, the District will notify the Job Share
16
teams of the dissolution before February 1. Job Sharing participants shall be offered full-time
17
employment based upon the needs of the District, level of seniority and vacancy availability.
18
d.
19
March 1, subject to approval of the site administrator and Director of Personnel. Applications
20
are subject to final approval of the Superintendent and the Board of Trustees. If a Job
21
Sharing request is denied, the teacher may request to have in writing the specific reasons for
22
the denial within ten (1 0) days of the denial. The teacher must make a written request within
23
five (5) days of the denial.
24
e.
25
accordance with one of the established options: Segmenting of school days, division of days
26
of the school week, or semesters of the school year.
27
f.
28
twenty (20) days, at the regular rate of substitute pay.
29
g.
30
leave, or returns to full-time employment, the position being shared shall be filled by the
31
remaining participant if a suitable job-sharing partner, mutually agreeable to the District and
The program shall be of one (1) year duration. There shall be an annual review and
Teachers new to the job sharing program must make a proposal, to be submitted by
For the purposes of job sharing, a full-time classroom position must be split in
Participants may be required by the District to substitute for each other, not to exceed
If one of the participants in the Job Sharing program resigns, goes on maternity disability
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the remaining participant, is unavailable.
2
h.
3
available basis during the annual District position posting process. In considering such
4
applications and before granting full-time employment to job-share employees. the District will
5
fill the vacancies with priority given to the following:
Unit members serving in a job-share may apply for full-time employment on a vacancy
6
(1)
Transfer requests of current full-time employees.
7
(2)
Employees returning from leaves of absence.
8
I.
9
schedule. Upon returning to full-time employment, placement on the salary schedule will be
10
adjusted by the following method: Two (2) years of Job Sharing equals one (1) year of step
11
credit.
12
j.
Participants shall be entitled to a pro rata amount of leave benefits.
13
k.
Transfer or reassignment of participants shall be prescribed by Article IX with the
14
following exception:
One (1) year in the program shall qualify for one (1) step advancement on the salary
15
(1)
16
seniority of the job share position will be based on the average of the combined District
17
seniority of both job share participants.
18
(2)
19
the averaged seniority of the affected job-share team, preference shall be given to the
20
full-time teacher.
When an involuntary transfer or reassignment is deemed necessary, the District
In those instances where District seniority is the same for a full-time teacher and
21
I.
22
above, when applying for vacancies or reassignments during the vacancy/reassignment
23
posting period.
Job-share teams may use the same seniority standards described in paragraph N .2.k,
24
25
ARTICLE V
26
CERTIFICATED EMPLOYEE EVALUATION PROCEDURES
27
General Provisions
28
A.
29
of certificated employees as set forth in California Education Code sections 44660, et seq.
30
1.
31
These provisions constitute the procedures to be utilized for the evaluation and assessment
The established standards of expected student achievement adopted by the Board at each
grade level in each area of study shall be utilized in the teacher evaluation procedure.
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2.
The evaluation of teachers shall relate to the requirements of Education Code section
2
44662(b) and the California Standards for the Teaching Profession. The evaluation of School
3
Nurses and Speech Pathologists is based upon Education Code section 44662(c) and relates
4
to the fulfillment of the responsibilities of the position.
5
3.
employees at least once each school year.
6
7
A formal written evaluation in accordance with this Article shall be made for probationary
4.
A formal written evaluation in accordance with this Article shall be made for permanent
8
employees at least once every other school year. As authorized by Education Code section
9
44664(a)(3),a permanent teacher may be evaluated at least every five years if all of the
10
following criteria apply:
11
Employed by the District for 10 years;
12
Teaching in a position required to be filled by a "highly qualified professional" by the
13
federal No Child Left Behind Act of 2001;
14
Previous evaluation rated the employee as meeting standards; and,
15
The evaluator and employee agree to the five-year cycle.
16
The employee or the evaluator may withdraw consent at any time. Notification of withdrawal
17
shall be made in writing at least one (1) week prior to the first observation.
18
5.
It is the responsibility of the administrator or the immediate supervisor to evaluate each
19
employee in the school and to provide direction and guidance in addressing and remediating
20
performance difficulties. Permanent employees who are to be evaluated on their regular
21
evaluation cycle (two-year or five-year) shall be notified in the first month of the school year.
22
A permanent employee who is to be evaluated off-cycle shall be given advance written
23
notification at least one (1) week prior to the first observation.
24
a.
25
days before the last school day scheduled on the school calendar.
26
b.
27
employed on a 12-month basis shall be provided to the employee no later than June 30 of the
28
school year.
29
30
6.
The formal written evaluation shall be provided to the employee not less than thirty (30)
The formal written evaluation of any School Nurse or Speech Pathologist who is
While a grievance may be filed alleging a violation of procedural steps of this Article, no
grievance may be filed regarding the contents of a written evaluation.
31
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1
Formal Classroom Observations
2
B.
3
pre-scheduled observations for probationary employees and at least one (1) formal pre-scheduled
4
observation for permanent employees.
5
1.
The observation(s) will preferably cover the major portion of the class period.
6
2.
The evaluator and all employees who are scheduled for evaluation during the current school
Prior to the initial written evaluation for the school year, there shall be at least two (2) formal
7
year will meet as a group to discuss the procedures and forms to be used for evaluation.
8
Evaluators will schedule a one-on-one pre-observation conference with each employee.
9
3.
10
11
(5) days in advance of the observation.
4.
A conference shall be held as soon as practicable following each formal classroom
observation which shall normally be within five (5) work days.
12
13
The evaluator will assign the academic area to be observed for each employee at least five
5.
If the classroom observation indicates that the employee is meeting the standards in all areas
14
related to instruction and/or teaching methods, the observation form will be marked as such.
15
A copy will be given to the teacher and a copy will be filed in his/her personnel file.
16
6.
If a classroom observation indicates that the employee is not meeting the standards, the
17
following procedures shall be implemented:
18
a.
19
shall document in a written narrative the specific area or areas where standards are not being
20
met on the Performance Notification Form, Part 1: Written Improvement Plan), which is
21
attached to this Agreement as Appendix F.
22
b.
23
be developed and implemented by the teacher and the evaluator followed by a four-week
24
period of assistance for the teacher. Outside assistance will be provided when appropriate.
25
c.
26
discuss the results, which will be set forth in Part 2: Results of Written Improvement Plan.
27
d.
28
take place.
29
e.
30
plan as evidenced by the second formal classroom observation, the evaluator will mark the
31
area or areas as meets standards on the classroom observation form. If improvement has
The formal classroom observation form will not be completed. Instead, the evaluator
The Written Improvement Plan, specifically addressing the identified area or areas will
After the four-week period of assistance, the evaluator will meet with the employee to
Following the four-week improvement plan, a second formal classroom observation shall
If satisfactory improvement has been made at the end of the four-week improvement
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not been made at the end of the four-week improvement plan as evidenced by the second
2
formal classroom observation, the evaluator may indicate the lack of improvement by marking
3
"does not meet standards" in the affected areas on the classroom observation form. In either
4
case, this will become the official classroom observation completed by the evaluator and will
5
be documented on the Performance Notification Form, Part 2.
6
Formal Written Evaluation
7
C.
8
deficiencies. Any statement concerning instructional competency from a person other than the
9
evaluator shall be verified by the evaluator prior to inclusion in the written evaluation.
In the formal written evaluation, the evaluator shall cite specific qualities, abilities, or
10
Unsubstantiated information will not be used in the evaluation.
11
D.
12
within five (5) days after its completion. The employee's signature does not signify agreemenV
13
disagreement with the evaluation, it only indicates that he/she has reviewed the form and that
14
he/she has received a copy. The review meeting for a School Nurse or Speech Pathologist who
15
is employed on a 12-month basis shall be held prior to July 30 of the year in which the evaluation
16
takes place.
17
E.
18
formal written evaluation shall be placed in the employee's file, and any response or rebuttal shall
19
become a permanent attachment to the evaluation form.
20
Remediation Process
21
F.
22
standards at an acceptable level in any area of the evaluation, the evaluator shall describe the
23
specific area or areas either in the evaluation itself or in a separate document.
24
1.
25
26
The employee may prepare and submit a written response or rebuttal to the evaluation . The
In the event the formal written evaluation indicates that an employee is not meeting the
Following the review process, the employee shall be assigned to a remediation plan that will
be jointly developed by the administrator or evaluator and the employee.
2.
27
28
The employee and evaluator shall meet to review the evaluation which shall normally be
As a part of the remediation process, the evaluator may provide, or the employee may request
continued observations and conferences.
3.
If, in the opinion of the evaluator, subsequent employee performance meets the standards
29
in the area of identified deficiencies, a notification to that effect shall be attached to the
30
evaluation.
31
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ARTICLE VI
2
GRIEVANCE PROCEDURE
3
Purpose: The purpose of this procedure Is to secure, at the lowest possible administrative level,
4
resolution of disputes that arise out of the application of this Agreement. Every effort will be made
5
by all parties to keep grievance matters confidential.
6
General Provisions
7
A.
8
approved grievance forms are attached to this Agreement as Appendix D.
9
1.
A "grievance" shall allege a violation of a specific provision(s) of this Agreement. The
An action to challenge application(s) of Board policies, administrative directives, rules, or
10
procedures over matters not contained in this Agreement are not grievances under the
11
provisions of this Article and shall be undertaken pursuant to such separate administrative
12
procedures as established by the Board of Trustees.
13
2.
14
For all matters which have specified review procedures, such procedures shall be the sole
method of review or challenge (e.g., Department of Fair Employment and Housing).
15
B.
The grievant may elect to be represented by the Exclusive Representative and must inform
16
the District in writing at least twenty-four (24) hours in advance of the meeting. An individual
17
grievant may elect not to be represented by the Exclusive Representative and may present a
18
grievance to the Employer and have the grievance adjusted or resolved without the intervention of
19
the Exclusive Representative. The Employer shall not agree to a resolution of the grievance until
20
the Exclusive Representative has received a copy of the grievance and the proposed resolution and
21
has been given the opportunity to file a response.
22
1.
The District shall not agree to an adjustment or resolution that is inconsistent with the terms
23
of this Agreement. The adjustment or resolution shall not establish a precedent regarding the
24
subject matter of the grievance.
25
2.
If the Exclusive Representative believes that the resolution is inconsistent with the terms of
26
this Agreement, the Exclusive Representative must file a grievance at Level Four within 15
27
days of acceptance of the proposed resolution by the individual grievant.
28
3.
The grievant and a designated bargaining unit representative, if any, participating in the
29
processing of the grievance, shall suffer no loss in pay if meetings or appointments are
30
scheduled by mutual agreement with the District.
31
4.
Witnesses who are called to testify in an arbitration hearing shall be on release time for that
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1
part of the school day for which they are absent for the purpose of testifying in the hearing.
2
C.
Once a grievance has been initiated, all matters of dispute relating to it which occur during
3
the processing of the grievance shall become a part of and be resolved in the grievance
4
proceeding. Once a grievance has been resolved or a final decision rendered, a grievant shall not
5
be entitled to initiate a new grievance on any matter or occurrence which could have been included
6
in the first grievance.
7
D.
8
District. Failure of the grievant to adhere to the time limits of this Article shall constitute waiver of
9
the grievance and acceptance of the District's action or decision at the appropriate level. Time lines
Time limits may be extended or shortened only by mutual agreement of the grievant and the
10
shall not be enforced during winter and spring recess periods.
11
E.
12
grievance procedure by virtue of such participation. All written materials pertinent to a grievance
13
except decisions resulting from final determinations or settlements shall be filed separately in a
14
grievance file.
15
F.
16
direction of the District.
17
G.
18
filing, which shall comply with the provisions of Level One, shall be made at Level Two.
19
Informal Level
20
H.
21
discuss the written grievance.
22
Level One
23
I.
24
grievant shall personally present the grievance in writing to the immediate supervisor. A copy of
25
the grievance shall be provided by the grievant simultaneously the Association's Grievance
26
Chairperson.
27
1.
No reprisals of any kind will be taken by the District against any grievant or participant in the
Until final disposition of the grievance takes place, the grievant shall conform to the original
If a grievance arises at an administrative level above the grievant's administrator, the initial
An informal conference between the grievant and the immediate supervisor shall be held to
Within twenty (20) days of the occurrence of the alleged violation of the Agreement, the
Grievances forms not completely filled out or not containing the required information shall be
28
rejected as improperly filed. Such rejection shall not extend the time limits of this Article
29
without the mutual consent of the District and the grievant.
30
31
2.
The grievant or representative may request a formal conference with the immediate
supervisor.
32
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3.
Within ten (1 0) days of receipt of the grievance by the supervisor, or within ten (1 0) days of
2
the conference, if requested, the supervisor shall communicate a response to the grievant in
3
writing. If the supervisor does not respond within the time limit, the grievance is denied and
4
the grievant may appeal to Level Two.
5
Level Two
6
J.
7
designated representative shall be filed within ten (1 0) days of the issuance of the Level One
8
decision or the deadline within which such decision was to be made.
9
1.
10
11
In the event the grievance is denied at Level One, a written appeal to the Superintendent or
The appeal shall contain all materials utilized in the first level, including the decision rendered,
if any, and a statement of the reason for the appeal.
2.
The Superintendent or designated representative shall meet with the grievant and the
12
representative, if the grievant so desires, within ten (1 0} days of the receipt of the appeal. A
13
written response shall be provided to the grievant within ten (1 0) days of the conference.
14
3.
15
If the Level Two response is not provided within the time limit, the grievance is denied and the
grievant may appeal to Level Three.
16
Level Three
17
K.
18
may request mediation through the California State Conciliation Service.
19
1.
The mediator shall attempt to find a mutually acceptable resolution of the grievance.
20
2.
The mediator shall not issue any public statement of fact or opinion on the issue.
21
3.
The mediation or settlement positions of either party shall not be made public nor shall they
The grievant, on written notice to the District within ten (1 0) days of the Level Two decision,
be introduced into any other grievance level.
22
23
Level Four - Arbitration
24
L.
25
file a demand for arbitration under the provisions of the Voluntary Labor Arbitration Rules of the
26
American Arbitration Association. The demand for arbitration must be filed within five (5} days of
27
completion of the Level Three proceedings. If the grievant is satisfied with the result at Level Three,
28
or any prior level, the Exclusive Representative is barred from instituting the arbitration procedure.
29
M.
30
to the precise issue(s) submitted for arbitration. The arbitration shall not determine any other
31
issue(s).
In the event the grievance is not resolved at Level Three, the Exclusive Representative may
The arbitration shall be limited solely to the interpretation and application of this Agreement
32
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N.
The arbitrator shall have no power or authority to hear cases challenging any of the following:
2
The termination of services or failure to re-employ a probationary employee.
3
The placement of an employee on probationary status.
4
The termination of services or failure to re-employ any employee in a position for which
5
extra compensation is received.
6
The content of the employee's evaluation.
7
The District's promulgation of rules, policies, or procedures for the implementation of
8
this Agreement.
9
A decision, action, or inaction of the District if such is appealable to a state or federal
10
regulatory body or court.
11
0.
12
which sets forth findings of fact, reasoning , and conclusions on the precise issue(s) submitted. The
13
arbitrator shall be without power or authority to make any decision that requires the commission of
14
an act prohibited by law or which is violation of the terms of this Agreement.
15
1.
After a hearing on the merits of the grievance, the arbitrator shall render a written Decision
Where the District has made a judgment involving the exercise of discretion, the arbitrator
16
shall review such decision solely to determine whether the decision has violated the
17
Agreement and shall not substitute the arbitrator's judgment for that of the District.
18
2.
19
20
procedures contained in this Agreement.
3.
The arbitrator shall not issue statements of opinion or conclusions not essential to the
determination of the issue(s) submitted.
21
22
The arbitrator shall not add to, subtract from, amend, modify, or alter any provisions or
4.
23
The arbitrator's award may include restitution, financial reimbursement, or other proper
remedy except fines or penalties.
24
P.
The Decision of the arbitrator will be submitted to the District and the Exclusive
25
Representative for implementation . The Arbitrator's Decision is binding.
26
Q.
27
be borne equally by the parties. Each party shall be responsible for the costs of presenting its case.
The costs of the arbitration proceeding, including the per diem charges of the arbitrator, shall
28
29
30
31
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ARTICLE VII
2
LEAVES OF ABSENCE
3
Regular Sick Leave
4
A.
5
prorated share. Sick leave may be accrued as provided by Education Code section 44987. The
6
provisions of Education Code section 44979 shall apply to the transfer of accumulated sick leave.
7
1.
Each full-time certificated employee shall be entitled to ten (10) days yearly sick leave or
Pregnancy Leave. Pursuant to Education Code section 44965, female employees shall be
8
entitled to utilize sick leave for the period of time required to be absent by reason of
9
pregnancy or childbirth.
10
a.
11
determined by the employee and her doctor based solely on the employee's physical ability
12
to render service to the District.
13
b.
14
and written verification of her physical ability to render service to the District.
15
2.
The period of leave, including the date upon which the leave shall begin, shall be
The date of the employee's return to service shall be based upon her doctor's analysis
Extended Sick Leave. Pursuant to Education Code section 44977, when an employee has
16
exhausted all available sick leave, including all accumulated sick leave, and continues to be
17
absent from duty for an additional period of five school months, the amount deducted from
18
the employee's salary for any of the additional five months in which the absence occurs shall
19
not exceed the sum that is actually paid a substitute employee or the amount that would have
20
been paid to the substitute had one been employed.
21
a.
22
five-month period is carried over to the following school year.
23
b.
24
extended sick leave period , the teacher shall be placed on a re-employment list for a period
25
of 24 months if the teacher is on probationary status, or for a period of 39 months if the
26
teacher is on permanent status.
27
c.
The teacher's return to work shall be as provided by Education Code section 44978.1 .
28
d.
The District may require acceptable verification by a licensed physician's or
29
practitioner's statement.
If the school year ends before the five-month period is exhausted, the balance of the
As provided by Education Code section 44978.1, when the teacher exhausts the
30
Family Sick Leave
31
B.
Each employee may be granted up to three (3) days leave of absence per year which shall
32
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1
not be deducted from the employee's sick leave or salary for the purpose of attending to any
2
member of his/her immediate family who is seriously ill or injured. The District may require
3
supporting evidence of such serious illness or injury and may determine whether such illness or
4
injury falls in the above classification. The required evidence shall be filed with the Superintendent
5
or designee.
6
Family and Medical Leave Act
7
C.
8
the California Family Rights Act may request a leave of absence in accordance with requirements
9
established by law and regulations for up to twelve {12) weeks per school year. Health insurance
10
benefit contributions are made as provided by applicable provisions of California or Federal law and
11
regulations.
12
Personal Necessity Leave
13
D.
14
Regular Sick Leave for matters of personal necessity. Any leave taken by an employee in
15
accordance with this paragraph shall not be for monetary gain to the employee. In addition,
16
personal necessity leave will not be granted for: (1) extension of a holiday; (2) recreational
17
activities; (3) matters that can be cared for outside the working day; or (4) concerted activities.
18
Bereavement Leave
19
E.
20
44985 as follows: Every employee shall be entitled to a leave of absence not to exceed five (5)
21
workdays, or seven (7) workdays if travel of two hundred fifty (250) miles or more one way is
22
required, on account of the death of any member of his or her immediate family. There shall be no
23
deductions made from the salary of such employee nor shall such leave be deducted from leave
24
granted by other provisions of the Education Code or otherwise provided by the governing board
25
of the District.
26
Compelling Personal Leave
27
F.
28
the conduct of personal business which is of a compelling personal nature that cannot be carried
29
out during off-duty time. In such cases, the amount deducted from the salary due the employee
30
shall be in the sum actually paid to a substitute employee. Any personal leave taken by an
31
employee in accordance with this paragraph shall not be for monetary gain to the employee. At
Employees who qualify under the provisions of the Federal Family and Medical Leave Act or
Pursuant to Education Code section 44981, an employee may use up to ten (10) days of
Employees shall be entitled to bereavement leave in accordance with Education Code section
Every certificated employee shall be allowed up to five (5) days leave of absence annually for
32
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1
least two (2) days advance notice, in writing, to the Superintendent is required except that in those
2
cases where an emergency precludes the employee from giving such two (2)-day notice, the
3
Superintendent may, at his discretion, waive the advance notice requirement.
4
Unpaid Personal Leave
5
G.
6
not to exceed ten (1 0) school days duration with prior notice. In the case that prior written notice
7
is not possible, the Superintendent or designee shall be notified by telephone.
8
Jury Duty
9
H.
At the discretion of the Superintendent, employees may be granted an unpaid personal leave
The employee shall be entitled to leaves of absence with pay for any workdays that the
10
employee is required to serve jury duty in the manner provided for by law. The employee shall turn
11
in to the District any check received for services rendered while on jury duty. The District shall
12
reimburse the employee at the rate paid by the court system for any transportation costs connected
13
with jury duty service.
14
Industrial Accident/Illness Leave
15
I.
16
Education Code section 44984. The maximum allowable leave under section 44984 shall be sixty
17
(60) days. An industrial accident or illness as used in this Article means an accident or illness
18
which is incurred by the employee during the course of employment.
19
lnservice Leave
20
J.
21
absence which will benefit the District (such activities may include, but shall not be limited to,
22
attendance at professional conferences or receipt of professional recognition or awards), the District
23
will provide pay for a substitute employee without deduction from the salary of the subject
24
employee. When absence for professional activities is at the request of the District, the District will
25
provide that the employee be reimbursed for per diem expenses according to District Policy.
26
Child-Bonding Leave
27
K.
28
at least 1250 hours in the prior 12-month period may utilize up to a total of 12 work weeks of leave
29
per school year.
30
1.
31
The employee shall be entitled to the industrial accident and illness benefits provided for in
In those cases where, in the District's sole discretion, there is District approval for any
Pursuant to Government Code section 12945.2, an employee who has been assigned to work
This leave is used to attend to the birth (and post-birth care) of the employee's child, foster
care placement, or adoption of a child by the employee. If the leave is used for birth or
32
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2
adoption, the first five days are not charged to the employee's Regular Sick Leave.
2.
3
4
If the employee's available Regular Sick Leave and/or compensatory time credits totals less
than 12 weeks, time off taken up to the 12-week maximum Is in unpaid status.
3.
5
Health insurance contributions are made as provided by applicable provisions of California
or Federal law and regulations.
6
Unpaid Extended Leave
7
L.
8
pay for a period not to exceed one (1) year at a time. In reviewing requests for leave of absence,
9
the District shall take into consideration the reasons stated for the request as it relates to the
10
The District may, upon written application of any employee, grant a leave of absence without
following:
11
Benefit to the District;
12
Personal health factors of the employee;
13
The elements, If any, which related to the family demands of the employee such as, but
14
not limited to, temporary relocation of employee's spouse because of employment
15
reassignment;
16
Any other characteristics of such request which the District in its discretion determines
17
to be appropriate.
18
1.
A leave provided for in this paragraph shall not be granted when the reason for such request
19
relates to monetary gain to the employee. No more than two (2) consecutive leaves shall be
20
granted to any employee.
21
2.
In those instances where a leave is granted under this Sttbparagraph, every reasonable effort
22
will be made by the Superintendent to reinstate the employee to the same position held at the
23
time the leave was granted. If such efforts are not successful, it shall be the right of the
24
Superintendent to reassign the returning employee to a different position in order to meet the
25
educationally related needs of the District.
26
3.
An employee who is on an unpaid leave must notify the District of his or her intention to return
27
or not to return to paid status prior to March 15 during the leave year. Failure to provide such
28
notification will mean the employee has forfeited any employment rights for the succeeding
29
school year.
30
Judicial/Subpoena Leave
31
M.
Any teacher who is required to be absent from duty pursuant to a subpoena which requires
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that teacher to be present at litigation proceedings involving District matters shall not suffer any loss
2
of pay or be charged any accumulated leave for such absence. The employee shall requ est
3
subpoena pay which shall be forwarded to the District.
4
Military Leave
5
N.
6
and privileges granted by law arising out of the exercise of military leave.
7
Sabbatical Leave
8
0.
9
level educational program. In keeping with the District's concept of quality and excellence in
10
education, a Sabbatical Leave will provide a vehicle for continued productivity and creativity. A
11
one-year or part-year leave may be granted to an employee for the purpose of professional
12
advancement, subject to the following conditions:
13
1.
14
15
An employee shall be entitled to any military leave provided by law and shall retain all rights
Incentive for leadership and professional growth is imperative for the development of a high
The granting of a Sabbatical must not result in any financial gain to the recipient above and
beyond the normal District compensation granted for such leave.
2.
The granting of a Sabbatical is contingent upon acceptance ofthe applicant into an accredited
16
college or university advanced degree program. Leaves for the purposes of travel will not be
17
approved under the provisions of this paragraph.
18
3.
To be eligible, an individual must have taught in the District for seven (7) full years.
19
4.
The proposed program of advanced degree study must be approved in advance by the
20
Superintendent or designee.
21
continuance of the leave is contingent upon satisfactory progress on the part of the applicant
22
in a course of study composed of at least nine (9) semester units per semester or equivalent
23
quarter units. If the applicant does not maintain satisfactory progress; or should the applicant
24
fail to complete the aforementioned academic workload, he or she may be required to
25
reimburse the District for any and all salary payments and health/welfare benefits granted by
26
the District during the term of the leave.
27
5.
Once an applicant has been approved for a Sabbatical,
The procedure for applying for a Sabbatical and for determining the distribution of such leave
28
shall be established by the Superintendent.
29
a.
30
granted beginning with the succeeding school year.
31
notification of acceptance or denial on or before March 1.
Applications for a leave must be filed between September 15 and January 15 for leaves
Applicants are to receive written
32
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b.
2
the nearest whole number) of the certificated personnel. If the number of requests exceeds
3
the limitation, priority shall be given on the basis of length of service in the District. In the
4
event that teachers with equal years of service in the District apply for leaves in the same
5
year, a lottery procedure shall be used.
6
c.
7
alternate or alternates will be selected from the applicants. An alternate or alternates is
8
granted a leave if one or more of the selected employees should withdraw.
9
6.
The number of teachers on Sabbatical shall not exceed one percent (1 %) (rounded to
When the number of requests for leaves is in excess of the numerical quota, an
The allowance granted to a teacher on a Sabbatical shall be based on fifty percent (50%) of
10
the contract salary of the individual for the school term during which the leave takes place.
11
For periods less than one (1) year, the allowance shall be prorated.
12
7.
A teacher who is granted a Sabbatical must pledge to teach in the District for two (2) full years
13
following the termination of the leave. If the teacher's service is discontinued for any reason
14
other than the individual's incapacity to teach or placement on Unrequested Leave before
15
expiration of the full two-year (2-year) period, the individual shall pay back to the District the
16
pro rata part of the sabbatical allowance.
17
8.
Upon expiration of the leave, the individual shall have the privilege of returning to the position
18
occupied prior to the leave. The individual shall notify the Superintendent in writing of his or
19
her date of return.
20
9.
All fringe benefits for which a premium is required shall remain in force while on a Sabbatical.
21
Staff members on a Sabbatical are eligible for benefits that become available during the
22
leave.
23
10.
24
25
Individuals on a Sabbatical shall receive remuneration relative to annual increment while on
leave.
11 .
26
In all other respects, the granting of sabbatical leaves shall be in compliance with Education
Code sections 44966 through 44970.
27
Catastrophic Leave/Continuation of Pay Status
28
P.
29
member pursuant to Education Code section 44043.5, inclusive. For the purpose of this paragraph,
30
"catastrophic" is defined in Education Code section 44043.5(a)(1 ). The benefit consists of the
31
number of sick leave credits donated by other District employees and converted to pay for the
A catastrophic leave/continuation of pay benefit may be requested by a bargaining unit
32
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affected employee ("recipient").
2
1.
An employee who requests this benefit must fill out the District application form and submit
3
it to the Personnel Office, including the required documentation. Application forms are
4
available at the Personnel Office. A recipient must be off duty for a minimum of ten
5
consecutive workdays prior to receiving donations and must have exhausted all Regular (i.e.,
6
full-paid) Sick Leave.
7
2.
Once a complete application is submitted, the District will solicit donations from the staff.
8
Donations of an employee's sick leave credit shall be a minimum of one day, with additional
9
full days thereafter.
10
a.
11
of a donating employee and the recipient will not affect the amount of pay received.
12
b.
13
of at least five days following the donation.
14
44043.5(d)(3), the transfer of eligible leave credits is irrevocable.
15
3.
Sick Leave credits are applied on a day-for-day basis. A difference in the rate of pay
An employee who donates sick leave credits is required to have a sick leave balance
As provided by Education Code section
At the written request of the recipient, donated credits shall be coordinated with differential
16
pay during a period when the employee is on Extended Sick Leave under the provisions of
17
Education Code section 44977 in order to mitigate the impact of the deduction of the
18
substitute's pay from the employee's regular pay.
19
a.
20
available Family and Medical Leave Act (FMLA) benefits in order to provide a continuation
21
of income, or may provide an extension of contributions for the Employer's health insurance
22
package, or both.
23
b.
24
health insurance premiums will be calculated based upon the recipient's hourly rate of pay
25
divided Into the health insurance premium to be paid.
26
4.
At the written request of the employee, donated credits may be coordinated with
Donations used to provide an extension of contributions for the employee's portion of
Receipt of continuation pay pursuant to paragraph P does not alter or extend the five school-
27
month duration of Extended Sick Leave benefits pursuant to Education Code section 44977,
28
and subsequent placement on a re-employment list pursuant to Education Code section
29
44978.1.
30
31
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1
ARTICLE VIII
2
SAFETY AND MISCELLANEOUS CONDITIONS OF EMPLOYMENT
3
Safe Working Conditions
4
A.
5
unsafe conditions must be reported to the employee's supervisor in writing.
6
employee shall be advised of any rem edial response.
7
Student Discipline
8
B.
9
discipline, including the right to suspend students from a teacher's classroom or to recommend a
10
pupil for suspension from school as provided by Education Code section 48900, et seq., shall be
11
presented to each unit member at the beginning of each school year.
12
Support and Assistance
13
C.
14
any assault upon the employee while acting in the discharge of his or her duties. Where absence
15
from duty arises out of such assault or injury, the employee shall be reimbursed for any such
16
absence in accordance with the applicable provisions of Article VII, Leaves of Absence.
17
Personal Property Protection
18
D.
19
located on the school premises, subject to a District insurance deductible of ten thousand dollars
20
($10,000) for loss against theft, fire, riots, vandalism, and/or malicious mischief.
21
1.
Employees shall not be required to work in hazardous or unsafe conditions. Hazardous or
The reporting
A written description of the rights and duties of unit members with respect to student
The District shall give full support to an employee, including legal and other assistance, for
The District shall insure an employee's personal property (automobiles and cash excepted)
Only personar property of an employee that is directly related to his or her professional
22
activities, registered as such with the administrator, and approved by the District prior to loss,
23
shall be covered by this provision.
24
2.
The employee is responsible for paying the deductible.
25
Tuberculin Tests
26
E.
27
continuing employment.
28
Notifications to Teachers
29
F.
30
a history of making threats, violence, or a criminal record, the receiving teacher or teachers shall
31
be notified.
The District will provide, or pay for, tuberculin tests that are required as a condition of
When a school site administrator becomes aware that a student who is enrolled at the site has
32
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1
ARTICLE IX
2
TRANSFERS/REASSIGNMENTS
3
General Provisions
4
A.
In all cases, the District shall determine when a vacant position shall be filled.
5
1.
Teachers may be selected to fill a vacancy on a temporary basis not to exceed thirty (30)
6
7
days, until the provisions of this Article have been met.
2.
Teachers are allowed only one (1) voluntary transfer and/or reassignment in any given year.
8
Any transfer or reassignment that is granted in a given school year is not effective until the
9
first contract day of the following school year.
10
3.
"GATE" and "Opportunity Class" teaching positions will not be posted and selections will be
11
made through the district's normal hiring process. Current district employees will be given
12
first consideration in the selection process.
13
4.
When staffing for a new school is required, the Transfer Policy shall be used only as a guide.
14
The Administration will endeavor to provide for a balanced staff in opening new schools. At
15
no time will an existing school staff be reduced more than one-half (~) of its projected
16
teachers for the succeeding school year in order to staff a new school.
17
5.
All requests for transfer or reassignment will be considered, and any decision thereon shall
18
be based on:
19
a.
The educational and program related needs of the District and school sites.
20
b.
The teacher's credential, special authorizations (e.g., CLAD, Special Education, single
21
subject) and any credential limitations.
22
c.
The teacher's training and experience.
23
d.
The teacher's employment history for success as indicated in evaluations of past
24
performance.
25
e.
State or federal court or agency mandates.
26
f.
Mutual compatibility between teacher and site administrator.
27
g.
The availability of a qualified replacement for the employee requesting a transfer from
28
a difficult to staff position.
29
h.
30
more than one teacher equally meets the criteria, then the teacher with the greatest seniority
31
shall be placed in the position.
If more than one teacher seeks a transfer or reassignment to the same position and
32
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1
Annual Reassignment Process
2
B.
3
to the teachers at the affected site first.
4
.L
If the District decides to fill a vacant position , the position will be offered as a reassignment
Reassignment Process. The administrator will inform the site unit members with a written and
5
e-mail posting including an application deadline, which shall be at least two (2) work days
6
after the posting. All site unit members who file a Voluntary Transfer and Reassignment Form
7
("Form") will be considered according to the factors set forth in paragraph A.S of this Article.
8
Subsequent vacancies created by application of this paragraph shall be posted and filled in
9
the same manner until the end of the annual Reassignment process.
10
2.
Combination Class Provisions. When a combination class is being formed, the teachers in
11
the affected grade levels will have first claim to the new opening. In those instances where
12
a combination class is disbanded, the displaced teacher will have seniority rights at both
13
grade levels of the combination assignment. Furthermore, the affected teacher will have first
14
claim to any new position that arises in either of the two (2) grade levels before the position
15
is offered as a reassignment. Prior to the reassignment process, combination teachers may
16
remain in a combination class or opt out and have district seniority rights at both grade levels
17
of the combination assignment.
18
Annual Transfer Posting Process
19
C.
20
become available for posting as a transfer opportunity to the District at large. The District shall post
21
vacancy notices in the following manner:
22
1.
Once the reassignment process has been completed at the site, any resulting vacancies will
A list of all known vacancies in the unit shall be posted on-line at the District's website by April
23
1 and shall be updated at least every two (2) weeks thereafter until the end of the school year.
24
No vacancies will be posted until all teachers who have provided a timely notification of return
25
from a leaves of absence or teachers who were involuntarily transferred for the current school
26
year have been assigned a position. No transfer shall be made until after the respective
27
closing date(s).
28
2.
The notice shall include the position description and location, grade level or subject matter
29
assignment, and factors set forth in paragraph A.5 that will be considered in the decision
30
(including any desired additional duties).
31
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1
Voluntary Transfer/Reassignment
2
D.
3
authorizations, may request a transfer or reassignment during the annual posting period to take
4
effect at the beginning of the next school year. Transfer requests shall be made on the Certificated
5
Transfer or Reassignment Form (Appendix G-1) and filed with the Personnel Office; reassignment
6
requests shall be made on the Form and filed with the school site administrator.
7
1.
8
9
Only permanent, full-time teachers and job-share teams, including those with special
With the exception of the successful applicant, the names of the remaining applicants will not
be released.
2.
Summer Transfer Process. Names of employees desiring a transfer/reassignment after the
10
last day of school will be placed on a confidential Request for Transfer List by submitting the
11
Summer Certificated Transferor Reassignment Form (Appendix G-2) to the Personnel Office.
12
a.
13
school year.
14
b.
15
of the school year in order to be considered for any reassignment and/or transfer through
16
June 15.
17
c.
18
the last day of instruction.
19
3.
The Form will be distributed to each employee within ten (10) days of the end of the
The employee must return this Form to the Personnel Office on or before the last day
A final list of known vacancies not previously posted will be on the District website by
Upon written request, a teacher shall receive a written statement of the reason or reasons his
20
or her request was denied. The request must be made within ten (1 0) days of the denial. The
21
response shall be based upon the factors set forth in paragraph A.5 of this Article and shall
22
be provided to the teacher within ten (1 0) days of receipt.
23
Involuntary Transfer/Reassignment
24
E.
25
but not as a reprisal for teacher activity protected by the Act. No vacancy shall be filled by means
26
of an involuntary transfer or reassignment if there is a qualified volunteer from within the District to
27
fill the vacancy. Reasons for transfer of personnel may include:
28
1.
Placement of personnel returning from leaves and/or categorical aid programs.
29
2.
Instructional program requirements which may include another school or District department
A teacher may be transferred or reassigned to a position which the teacher did not request
30
having greater need for a teacher's specialized services than does the current school or
31
department. Management will seek concurrence for the transfer or reassignment.
32
33
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1
3.
Performance renewal- a teacher may be transferred or reassigned no more than once every
2
two (2) years in order to provide a reasonable opportunity for improvement of performance.
3
Transfers or reassignments for this reason shall be preceded by evaluations, confe rences,
4
and assistance in compliance with appropriate provisions of Article V.
5
4.
Fluctuations in pupil enrollment - the District will determine what staff surplus, if any exists.
6
There shall be an opportunity for any teacher in a surplus area voluntarily to transfer or be
7
reassigned to any opening for which the teacher is qualified.
8
5.
Elimination or reduction of classes in special areas or programs.
9
6.
Incompatibility with staff or school site administrator. In such situations, no employee shall
be arbitrarily transferred or reassigned.
10
11
7.
When an involuntary transfer or reassignment is deemed necessary to f ill a vacancy due to
12
conditions noted above, any decision shall be based on the educationally related needs of the
13
District. Other factors which shall be considered are the following:
14
a.
The factors listed in paragraph A.5 of this Article.
15
b.
Volunteers from the surplus area, if qualified.
16
c.
Unique instructional program requirements.
17
8.
If more than one (1) qualified employee is involved in the situation, then the teacher with the
18
most seniority shall have the option of taking a voluntary transfer, or replacing the least senior
19
teacher at that school site. The provisions of this paragraph are effective providing that the
20
teacher with the most seniority meets the criteria set forth in paragraph E.1-7 of this Article.
21
9.
Written Response. Upon written request, a teacher shall receive a written statement of the
22
reason or reasons he or she is to be transferred or reassigned involuntarily. The request
23
must be made within ten (10} days of the impending move. The response shall be based
24
upon the factors set forth in paragraph E.1-7 of this Article and shall be provided to the
25
teacher within ten (10} days of receipt.
If a position from which a teacher was involuntarily transferred or reassigned by application
26
F.
27
of paragraph E.4 is reinstated prior to the beginning of the third week of instruction for the current
28
school year, the affected teacher will be offered the reinstated position.
29
Notification , Preparation and Orientation
30
G.
31
notified at least five (5} days in advance of the effective date of the transfer or reassignment.
Teachers who are transferred or reassigned after the first day of each school year shall be
32
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Teachers shall be allowed at least three (3) days for purposes of preparation and orientation to the
2
new position, unless the teacher and administration agree that the release time is not necessary.
3
Classroom Relocation
4
H.
5
the school year, the teacher will be entitled to two (2) days of release time for that purpose. Within
6
five (5) days of notification of relocation, the teacher shall request that two (2) days of release time
7
be scheduled.
In the event that a teacher is required to relocate to another classroom after the beginning of
8
9
ARTICLE X
10
CLASS SIZE
11
A.
It is the District's intent to maintain a ratio of students to teachers that is supported by State
12
funding or mandated by regulations or statutes.
13
1.
The District is committed to achieving lower class sizes in the primary {TK-3rd Grades)
14
consistent with the funding provided by the State Local Control Funding Formula. The target
15
for TK-3 grades is an average of 28.00. Individual grade-level caps will not be raised above
16
the 2014-2015 levels.
17
2.
At each school site, the administrator shall attempt to establish an equitable distribution of
18
students based upon each grade level or subject area. Any material deviation shall be
19
subject to consultation between the administrator and teachers of the affected grade level or
20
subject area.
21
3.
After the first week of October, when an elementary school site's reported grade level average
22
enrollment exceeds the District-wide elementary enrollment average by more than 10%, new
23
student enrollees will be subject to the District's "overflow process." For the purposes of this
24
provision, average enrollment includes only Regular Education classes (excluding SEI).
25
26
ARTICLE XI
27
HEALTH AND WELFARE BENEFITS
28
Health Insurance Package
29
A.
30
bargaining unit members and eligible dependents (as defined by the respective provider), the health
31
and welfare benefit plans as listed in paragraphs A.1-A.4, of this Article. The parties to this
Effective October 1, 2015, and for the term of this Agreement, the District will offer to full-time
32
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Agreement recognize that health and welfare benefits are a part of the total compensation package.
2
1.
3
4
Medical Insurance:
Anthem-Blue Cross (PPO 80-C, $20; Rx $7/$25) administered by
SISC Ill.
2.
Dental Insurance: Delta Dental of California (DD1500; C50/1 000), administered by SISC Ill.
5
The plan includes a $1,500.00 annual limit for diagnostic/restorative dental work per
6
employee and eligible dependents and a $1,000.00 lifetime orthodontia limit for dependent
7
children only.
8
3.
Vision Insurance: Vision Service Plan. (Signature C $1 0) administered by SISC Ill.
9
4.
Life Insurance: (GOOOABIH-18B) administered by SISC Ill. A term life insurance policy
10
11
covering the employee only in the amount of fifty thousand dollars $50,000.00.
5.
The application of paragraph B of the 2012-2014 Agreement regarding medical insurance
12
benefits remains in effect through the 2014-2015 school year and expires September 30,
13
2015.)
14
B.
Unit members must work at least a half (Y2) time schedule in order to qualify for health and
15
welfare benefits. Employees who work one half (Y2) or more of a regular assignment shall have
16
their District paid health and welfare premiums prorated, if they elect to pay their portion of the
17
premiums.
18
Benefits Upon Retirement
19
C.
20
employees (including eligible dependents). Employees who retire under this provision receive the
21
benefit to age sixty-five (65).
22
1.
The District will provide medical/hospitalization and dental care insurance coverage for
In order to be eligible, an employee must have twenty (20) or more years of service to the
23
District and retire at age fifty-five (55). An employee who has between fifteen (15) and twenty
24
(20) years of service to the District and is age fifty-nine (59) or older at the date of retirement
25
is also eligible.
26
2.
The employee is required to contribute an amount (on a schedule set by the District) that
27
equals the difference between the SISC published rate for the medical/hospitalization and
28
dental insurances in the school year immediately preceding retirement and the published rate
29
for same coverages for each year of the retiree's eligibility thereafter.
30
Health and Welfare Benefits Committee
31
D.
A District Health and Welfare benefits commi ttee will review the medical insurance program,
32
33
2014-2017 Final.wpd
March 25. 2015
1
utilization and claims data. The committee will consist of appointees from each bargaining unit, non-
2
represented, and other District stakeholders.
3
representatives.
PBVTA will be asked to appoint up to two
4
5
ARTICLE XII
6
SALARY REGULATIONS/PROFESSIONAL GROWTH
7
Certificated Salary Schedules
8
A.
9
2014-2015 school year, the 2013-2014 Salary Schedule shall remain in effect. For the 2015-2016
10
school year, the 2014-2015 Salary Schedule shall be increased by four percent (4.00%), effective
11
July 1, 2015. For the 2016-2017 school year, the 2015-2016 Salary Schedule shall be increased
12
by three percent (3.00%}, effective July 1, 2016.
13
Initial Salary Schedule Placement
14
B
15
I
The applicable salary schedules shall be attached to this Agreement as appendices. For the
A teacher new to the District with previous teaching experience in an accredited educational
institution will receive credit for each year of experience up to a maximum of five (5) years. A
16
teacher with five or more years of experience will be placed on the sixth (6'h) step of the appropriate
17
column.
18
Master's Degree Stipend
19
C.
20
thousand two hundred dollars ($1,200.00). The Master's Degree must be in a field that contributes
21
to the certificated employee's area of responsibility.
22
Summer School Salary
23
D.
24
time summer school assignment.
25
Professional Growth/lnservice Training for Salary Credit
26
E.
27
on a "Request for Approval of College and Travel Units" form and receive his/her approval. Only
28
approved units will qualify a certificated employee for salary schedule column advancement.
29
Approved units shall be computed on a semester unit basis.
30
1.
31
Certificated personnel holding a Master's Degree will receive an annual stipend of one
Summer school pay is established at six (6) hours per day at the contract hourly rate for a full-
Courses to be taken for salary advancement must be submitted to the Director of Personnel
Regulations which apply to all certificated employees:
a.
Approved Units must be acceptable to the District on the basis that the units earned
32
33
2014-2017 Final.wpd
- 31 -
March 25. 2015
1
were in courses of study that will enable the individual to more effectively fulfill his/her
2
professional function with the District.
3
b.
4
shall be considered for salary advancement for the full contract year.
5
submitted, approved, and completed prior to February 15 shall be considered for salary
6
advancement for the second half of the contract year. It is the sole responsibility of each
7
certificated employee to insure that the District Personnel Office is provided with notification
8
(in a form satisfactory to the District) of units earned or degrees conferred. Teachers are
9
encouraged to obtain approval prior to registration for the course in order to avoid completion
Only those units/degrees submitted, approved, and completed prior to September 1
10
of a course which may be disapproved.
11
c.
12
employee's total number of units.
13
2.
In converting quarter units to semester units, the fractional units are to be credited to the
Procedure for review:
14
a.
15
or designee.
16
b.
17
application for approval.
18
c.
Any certificated employee may review a decision of the District with the Superintendent
Any review shall be requested within ten (1 0) days of notification of denial of the
The judgment of the Superintendent or designee shall be final.
19
Contract Hourly Rate
20
F.
21
$43,809 (14-15) + 183 (days) + 7.0 (hrs/day) x 85% = $29.07.
22
1.
23
24
Units/degrees
The contract hourly rate is 85% of Column I, Step 1 of the Teacher Salary Schedule, e.g.
District authorized intramural lunchtime activities shall be compensated at the contract hourly
rate.
2.
Special Education teachers will be compensated at the contract hourly rate for any time spent
25
at regularly scheduled I.E.P. meetings which extend beyond the normal working day. Such
26
compensation will be limited to sixty-five (65) hours during any given year. Regular classroom
27
teachers will be compensated at the contract hourly rate for any time spent at regularly
28
scheduled I.E.P. meetings which extend beyond the normal working day. Such compensation
29
will be limited to twenty (20) hours during any given year.
30
31
3.
Employees assigned extra duty during the school year or summer shall be paid at the contract
hourly rate.
32
33
2014-201 7 Flnal.wpd
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March 25. 2015
1
Adjunct Activities Stipends
2
G.
3
Oral Language Festival; Math Field Day; History Day; Junior High AVID coordination, and Student
4
Success Team coordination. Each school site will receive a $625.00 stipend per activity listed
5
above with the exception of Student Success Team Coordination which will receive two stipends
6
per school site for the purpose of compensating teachers who are willing to coordinate and/or coach
7
these activities.
8
Junior High Extra Teaching Period
9
H.
The following adjunct activities are to be considered for purposes of this Article: Science Fair;
Junior high teachers who voluntarily accept an extra teaching period in lieu of a preparation
10
period will be paid 1/7 of their daily rate for each day taught. All eligible unit members at the site
11
shall be notified of the extra teaching period.
12
Professional Development Stipend
13
I.
14
non-work days (i.e., days in excess of a teacher's regular 183/186-day work year), teachers will
15
receive $50.00 per hour of attendance. The paid hours for each training will be set forth in
16
materials provided to the staff.
A teacher who attends a District-provided voluntary Professional Development training on
17
18
ARTICLE XIII
19
CONCLUSION
20
Completion of Negotiations
21
A.
22
in respect to wages, hours of employment, and other terms and conditions of employment which
23
shall prevail during the term or terms hereof. This Agreement supercedes and replaces the 2011-
24
2014 Collective Bargaining Agreement.
25
1.
This Agreement represents complete collective bargaining and full agreement by the parties
The parties expressly waive and relinquish the right to meet and negotiate with respect to any
26
subject or matter, even though such subject or matter may not have been within the
27
knowledge or contemplation of either party at the time they met and negotiated on and
28
executed this Agreement and even though such subjects or matters may have been proposed
29
and later were withdrawn. Exceptions to the terms of this paragraph are limited to Article I,
30
paragraph E, Article IV, paragraph G, and paragraphs A.2, 0 .1, and/or D.2, of this Article.
31
2.
The District agrees that it will not change any "term and condition of employment" as defined
32
33
2014-2017 Final.wpd
-33-
March 25, 2015
1
in section 3543.2 of the Act without first notifying the Association of such intended change.
2
The Exclusive Representative must make a written demand to bargain the effect of such a
3
change. Following the written demand, the District agrees to meet and negotiate.
4
Scope of Agreement
5
B.
6
operations and affairs of the District are reserved exclusively to the District and the Governing
7
Board, except as they are by this Agreement expressly and specifically limited to the manner and
8
to the extent authorized by law. It is understood and agreed that the specific conditions contained
9
in this Agreement shall prevail over District practices and procedures and over state laws to the
10
extent permitted by state law and that in the absence of specific provisions in this Agreement, such
11
practices and procedures are discretionary on the part of the Employer.
12
Management Rights
13
C.
14
duties, and authority vested in it by any source whatsoever, including the Constitution of the State
15
of California, the Constitution of the United States, state and federal laws and regulations, and
16
school district policies, to manage, to control, and to direct the operations and affairs of the District,
17
and to take whatever action necessary to maintain operations in situations of emergency.
18
1.
It is understood and agreed that the powers and responsibilities to manage and control the
It is agreed and understood that the District retains all rights, powers, prerogatives, privileges,
The exercise of the rights powers, prerogatives, privileges, duties, and authority by the
19
District, the adoption of policies, rules, regulations, and practices in furtherance thereof, and
20
the use of judgment and discretion in connection therewith shall be limited only by the express
21
terms of this Agreement.
22
2.
The parties understand and agree that the exercise of District discretion in the implementation
23
of any provision of this Agreement, when provided for in contract language, may yield a
24
different result when applied to different bargaining unit members based upon different facts.
25
Severability and Savings
26
D.
27
jurisdiction, the rest of the Agreement shall remain in full force and effect.
28
1.
In the event that any portion of this Agreement is found to be unlawful by a court of competent
Should a federal or state agency with jurisdiction invalidate any portion of this Agreement, the
29
parties shall, on appropriate notice, meet to negotiate over the affected provision or
30
provisions.
31
2.
If the Legislature repeals or modifies sections of the Education Code relative to matters within
32
33
2014-2017 Anal.wpd
- 34-
March 25. 2015
1
the scope of representation, the District agrees to negotiate the effect of such modifications
2
prior to implementing the provisions of any change.
3
No Strike or Concerted Activities
4
E.
5
furtherance of a strike, work stoppage, etc., and the failure and/or refusal to faithfully and fully
6
perform assigned job responsibilities and duties are contrary to the letter and spirit of this
7
Agreement. The Association warrants that there will be no strike, work stoppage, slow-down or
8
picketing in furtherance of a strike, or compliance with the request of other labor organizations to
9
engage in such activities by the Association, its officers, agents, or members during the term of this
It is agreed and understood that strikes, work stoppages, "sick-ins," slow-downs, picketing in
10
Agreement.
11
1.
of this clause and to make every reasonable effort toward inducing all unit members to do so.
12
13
The Association recognizes the obligation of its representatives to comply with the provisions
2.
In the event of a strike, work stoppage, or slow-down by employees who are represented by
14
the Association, the Association agrees to take good-faith steps to cause those employees
15
to cease such action.
16
3.
Leave shall not be allowed for employees engaged in any concerted activity.
17
18
////
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
201~2017
Flnal.wpd
- 35-
March 25, 2015
RECOMMENDED FOR RATIFICATION
1
2
3
For the District
For the Association
~4~~
4
5
Bargaining Chair
6
7
8
9
10
11
AR FLAMI
Bargaining Te
12
~1~
13
14
~ rgaining Team Member
15
~~~.
16
~~
17
Bargaining Team Member
18
19
Member
Junior High Principal
20
21
22
~rs
23
24
Association
25
26
27
28
29
30
31
32
33
2014-2017 Final.wpd
-36-
March 25, 2015
1
RATIFICATION AND ACCEPTANCE
2
By their signatures below, the signatories certify that they are authorized representatives of
3
either the District or the Exclusive Representative as the contracting parties ; that all actions
4
necessary for the District or Exclusive Representative to ratify and accept this Agreement as a
5
binding and bilateral Agreement have been completed in the manner required by that party and the
6
law and that this Agreement is hereby entered into without the need for further ratification and
7
acceptance.
8
9
10
PANAMA-BUENA VISTA UNION SCHOOL
DISTRICT
11
12
13
ACCEPTED:
ACCEPTED:
~~~~
Pr sid nt, Board of Trustees
PANAMA-BUENA VISTA TEACHERS ASSOCIATION
CTAINEA
~
President
Dated: March 24, 2015
17
Dated: April14, 2015
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
2014-2017 Final.wpd
- 37-
March 25, 2015
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
2014·2017 Flnal.wpd
- 38-
March 25, 2015
1
APPENDIX A-1
2
2014-2015 TEACHER SALARY SCHEDULE
3
4
5
Effedlvo 07101
6
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
7
TEACHER SALARY SCHEDULE
8
2013·2014
BASED ON SEMESTER UNITS
9
STEP
10
1
11
2
3
12
4
13
I
B.A.
II
Ill
lV
v
VI
B.A.+ 12
B.A.+ 24
BA+36
B.A. +48
B.A. + 60
$49 646
$51107
$49 646
$51107
$52 569
$51107
$52 569
$54026
$52 569
$54 026
$55 488
$52 569
$54 026
$55488
$56 950
$52 569
$54026
$55 488
$56950
$58 408
$54026
$55488
$56.950
$58 408
$59 869
$54026
$55 488
$56 950
$58 408
$59869
$61 326
9
$55 488
$56 950
$58 408
$59 869
$61 326
$62 791
$43 809
$45 265
$46 727
$45 265
$46 727
$48188
$46 727
$48188
$49 646
$48 188
$49 646
$51107
5
$49 646
$51107
6
$51107
7
$52 569
15
8
16
14
$48188
10
$55 488
$58 408
$59 869
$61 326
$62 791
$64 251
11
$55 488
$58 408
$61 326
$62 791
$64 251
$65 709
18
12
$55 488
$58 408
$61 326
$64.251
$65 709
$67170
19
13
$55 488
$58 408
$61326
$64 251
$67 170
$68 631
20
14
$55 488
$58 408
$61 326
$64 251
$67170
$70 088
15
$55 488
$58 408
$61 326
$64 251
$67170
$72 278
21
16
$55 488
$58 408
$61 326
$64 251
$67170
$74 471
22
17
$55 488
$58 408
$61 326
$64 251
$67170
$76 661
23
18
$55 488
$58 408
$61 326
$64 251
$67170
$78 853
17
19
$55 488
$58 408
$61 326
$64251
$67170
$79 552
24
20
$55 488
$58 408
$61 326
$64251
$67170
$80 252
25
21
$57 237
$60158
$63 077
$66 000
$68 920
$80 951
26
22
$57 237
$60158
$63 077
$66 000
$68 920
$81 653
$66000
$68 920
$82 352
23
$57 237
$60158
$63 077
27
24
$57 237
$60 168
$63077
$66 000
$68 920
$82 352
28
26
$58 989
$61 910
$64 827
$67 751
$70 671
$82 352
26
$58 989
$61 910
$64 827
$67 751
$70 671
$82 352
29
An additional $1,200 for a Mesler's Degree
30
31 "
32
33
2014-2017 Flnal.wpd
• 39-
March 25, 2015
1
APPENDIX A-1 .1
2
2015-2016 TEACHER SALARY SCHEDULE
3
4
5
EffecUva 07/01/15
6
PANAMA· BUENA VISTA UNION SCHOOL DISTRICT
TEACHER SALARY SCHEDULE
7
BASED ON SEMESTER UNITS
2015-16 (Proposed)
8
9
STEP
I
II
Ill
IV
v
VI
B.A.
B.A. + 12
B.A. +24
B.A.+ 36
B.A. + 46
B.A.+ 60
10
1
$45 561
$47 076
$48 596
$50 116
$51 632
$53151
11
2
$47 076
$48 596
$50 116
$51 632
$53151
$54 672
3
$48 596
$50 116
$51 632
$53151
$54 672
$56187
4
$50 116
$51 632
$53 151
$54 672
$56.187
$57 708
13
5
$51 632
$53151
$54672
$56187
$57 708
$59 228
14
6
$53151
$54 672
$56187
$57 708
$59 228
$60744
7
$54 672
$56187
$57 708
$59 228
$60 744
$62264
12
15
8
$56187
$57 708
$59 228
$60 744
$62 264
$63 779
16
9
$57 708
$59 228
$60 744
$62 264
$63 779
$65303
17
10
$57 708
$60 744
$62 264
$63779
$65 303
$66.821
$68 337
11
18
$57 708
$60 744
$63779
$65 303
$66 821
$66 821
$68 337
$69857
12
$57708
$60 744
$63 779
13
$57 708
$60 744
$63 779
$66 821
$69 857
$71376
20
14
$57 708
$60 744
$63 779
$66 821
$69 857
$72892
21
15
$57,708
$60 744
$63,779
$66 821
$69 857
$75169
16
$57 708
$60 744
$63 779
$66 821
$69 857
$77 450
19
22
17
$57 708
$60 744
$63 779
$66 821
$69 857
$79727
23
18
$57 708
$60 744
$63 779
$66 821
$69 857
$82 007
24
19
$57 708
$60 744
$63 779
$66 821
$69 857
$82 734
25
20
$57 708
$60 744
$63 779
$66 821
$69 857
$83 462
21
$59 526
$62 564
$65 600
$68 640
$71 677
$84189
26
22
$59 526
$62 564
$66 600
$68 640
$71 677
$84 919
27
23
$59 526
$62 564
$65 600
$68 640
$71 677
$85 646
28
24
$59 526
$62 564
$65 600
$68 640
$71 677
$85 646
25
$61 349
$64386
$67 420
$70 461
$73 498
$85 646
26
$61 349
$64 386
$67 420
$70 461
$73 498
$85 646
29
30
An addllional $1 ,200 for a Masler's Degree
31
32
33
2014-2017 Final.wpd
-40-
March 25, 2015
1
APPENDIX A-1.2
2
2016-2017 TEACHER SALARY SCHEDULE
3
4
5
6
Effective 07/01/16
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
7
TEACHER SALARY SCHEDULE
BASED ON SEMESTER UNITS
8
2016·17 (Proposed)
9
STEP
10
11
12
I
B.A.
II
Ill
B.A. + 12
B.A.+ 24
IV
B.A.+ 36
v
B.A.+ 48
VI
B.A.+ 60
1
$46 928
$48 488
.$50 054
$51 619
$53181
$54 746
2
$48 488
$50 054
$51 619
$53181
$54 746
$56 312
3
$50 054
$51 619
$53181 .
$54 746
$56 312
$57 873
$57 873
$59 439
13
4
$51 619
$53 181
$54 746
$56 312
14
5
$53181
$54 746
$56 312
$57 873
$59 439
$61 005
6
$54 746
$56 312
$57 873
$59 439
$61 005
$62 566
7
$56 312
$57 873
$59 439
$61 005
$62 566
$64 132
16
8
$57 873
$59 439
$61 005
_162 566
$64132
$65 692
17
9
$59 439
$_61 005
$62 566
$64132
$65 692
$67262
10
$59 439
$62 566
$64132
$65 692
$67 262
$68 826
15
18
11
$59 439
$62 566
$65 692
$67 262
$68 826
$70 387
19
12
$59 439
$62 566
$65 692
$68 826
$70 387
$71 953
20
13
$59 439
$62 566
$65 692
$68 826
$71 953
$73 517
21
14
$59 439
$62 566
$65 692
$68 826
$71 953
$75 079
15
$59 439
$62 566
$65 692
$68 826
$71 953
$77 424
16
$0
$62 566
$65 692
$6.8 826
$71 953
$79 774
23
17
$0
$62 566
$65 692
$68 826
$71 953
$82 119
24
18
$0
$62 566
$65 692
$68 826
$71 953
$84467
19
$0
$62 566
$65 692
$68 826
$71 953
$85 216
22
25
20
$59 439
$62 566
$65 692
$68 826
$71 953
$85 966
26
21
$61 312
$64 441
$67 568
$70 699
$73 827
$86 715
27
22
$61 312
$64 441
$67 568
$70 699
$73 827
$87 467
28
23
$61 312
$64 441
$_67 568
.$70 699
$73 827
$88 215
24
$61 312
$64441
$67 568
$70 699
$73 827
$88 215
25
$63 189
$66 318
$69 443
$72 575
$75 703
$88 215
26
$63189
$66 318
$69 443
$72 575
$75 703
$88 215
29
30
31
An additional $1 ,200 for a Master's Degree
32
33
2014-2017 Flnal.wpd
- 41 -
March 25, 2015
1
APPENDIX A-2
2
2014-2015 SCHOOL NURSE SALARY SCHEDULE
3
4
5
6
7
ElfecUva 07/01
8
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
9
NURSE SALARY SCHEDULE
10
2013·2014
11
Nurse
12
Year
13
1
$60 390
14
2
$63 531
15
3
$66 671
16
4
$69 810
5
$72 952
17
18
1. Placement on the salary schedule shall be determined by years or
experience by the Superintendent according to former salary received and
years In the district.
19
20
2. Maximum placement for any employee shall be the third step (3) based on
training and experience.
21
22
3. Lenglh of working year:
194 working days
4. Anniversary Increments:
$1,000 - beginning '11th year
$1,500 ·beginning 16th year
$2,000 . beginning 21st year
23
5. Master's: $1 ,200
24
6. Hourly based on 194 work days, 8 hour days.
25
26
27
28
29
30
31
32
33
2014-2017 Anal.wpd
-42-
March 25, 2015
1
APPENDIX A-2.1
2
2015-2016 SCHOOL NURSE SALARY SCHEDULE
3
4
5
6
Effeetlve 07101/15
7
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
8
NURSE SALARY SCHEDULE
2015-16 (Proposed)
9
Munls Salary Table
NURSE
10
Year
Nurse
11
1
$62 806
12
2
$66 072
13
3
$69 338
14
4
$72 602
15
5
$75 870
16
1. Placement on the salary schedule shall be determined by years of
experience by the Superintendent according to former salary received and
years in the district.
17
18
2. Maximum placement for any employee shall be the third step (3) based on
training and experience.
19
20
21
3. Length of working year:
194 working days
4. Anniversary increments:
$1 ,000 - beginning 11th year
$1 ,500 - beginning 16th year
$2,000- beginning 21st year
22
5. Master's: $1,200
23
6. Hourly based on 194 work days, 8 hour days.
24
25
26
27
28
29
30
31
32
33
2014-2017 Flnal.wpd
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March 25, 2015
1
APPENDIX A-2.2
2
2016-2017 SCHOOL NURSE SALARY SCHEDULE
3
4
5
EllocUve 07/01/16
6
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
7
NURSE SALARY SCHEDULE
2016-17 (Proposed)
8
Munls Salary Table
NURSE
Year
Nurse
9
10
11
12
13
14
15
16
1
$64 690
2
$68 054
3
$71 418
4
$74 780
5
$78146
1. Placement on the salary schedule shall be determined by years of
experience by the Superintendent according to former salary received and
years in the district.
17
18
2. Maximum placement for any employee shall be the third step (3) based on
training and experience.
19
20
21
3. Length of working year:
194 working days
4. Anniversary increments:
$1,000- beginning 11th year
$1,500 - beginning 16th year
$2,000- beginning 21st year
22
5. Master's: $1,200
23
6. Hourly based on 194 work days, 8 hour days.
24
25
26
27
28
29
30
31
32
33
2014-2017 Final.wpd
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March 25,2015
1
APPENDIX A-3
2
2014-2015 SPEECH PATHOLOGIST SALARY SCHEDULE
3
4
5
6
7
Elleellvo 07101
8
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
SPEECH PATHOLOGIST SALARY SCHEDULE
2013-2014
9
10
11
Year
12
13
14
15
speech
Pathologist
1
$64 251
2
3
4
$65 709
$67170
$68 631
$70 088
$72 278
5
.6
16
7
17
8
18
9
$74471
$76 661
$78 853
$79 552
10
19
11
20
21
22
1.
2.
23
24
3.
12
$80 252
$80 951
13
$81653
14
$82 352
Length of working year: 183 working days
Anniversary Increments: $1,000 - beginning 11th year
$1,500- beginning 16th year
$2,000- beginning 21st year
Master's: $1,200
25
26
27
28
29
30
31
32
33
2014-2017 Final.wpd
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March 25, 2015
1
APPENDIX A-3.1
2
2015-2016 SPEECH PATHOLOGIST SALARY SCHEDULE
3
4
5
Effccllve 07/01115
6
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
SPEECH PATHOLOGIST SALARY SCHEDULE
2015·16 (Proposed)
7
8
Munfs Salary Table
SPEECH PATH
9
Year
Speech
Pathologist
10
11
1
$66 821
2
$68·337
3
$69 857
$71 376
12
4
13
5
6
14
7
$77 450
15
8
$79 727
16
9
$82 007
$72 892
$75169
10
$82 734
17
11
$83 462.
18
12
$84189
13
$84.919
14
$85 646
19
20
1.
2.
21
22
3.
length of working year. 183 working days
Anniversary Increments: $1,000- beginning 11th year
$1,500 - beginning 16th year
· $2,000 - beginning 21st year
Master's: $1,200
23
24
25
26
27
28
29
30
31
32
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2014-2017 Flnal.wpd
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March 25,2015
1
APPENDIX A-3.2
2
2016-2017 SPEECH PATHOLOGIST SALARY SCHEDULE
3
4
5
Effeetlva 07/01/16
6
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
SPEECH PATHOLOGIST SALARY SCHEDULE
7
2016·17 (Proposed)
8
Munl:s Salary Table
9
Year
10
11
SPEECH PATH
Speech
Pathologist
1
$68 826
2
$70 387
$71 953
3
4
12
$73 517
$75 079
5
6
13
$77 424
14
7
$79774
15
8
$82 119
$84 467
$85 216
9
16
10
11
17
18
19
20
1.
2.
21
22
3.
12
$85 966
$86 716
13
$87,467
14
$88 215
Length of working year: 183 working days
Anniversary increments: $1 ,000 - beginning 11th year
$1,500- beginning 16th year
$2,000- beginning 21st year
Master's: $1,200
23
24
25
26
27
28
29
30
31
32
33
2014-2017 Flnal.wpd
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March 25, 2015
1
~P~D~B
2
EXTRA DUTY SCHEDULE
3
Stipends
4
The following site-based assignments carry an annual stipend amount of $625.00, regardless of
5
the employee's base salary:
6
History Day Coordinator
7
Junior High AVID Coordinator
8
Math Field Day Coordinator
9
Oral Language Festival Coordinator
10
Science Fair Coordinator
11
Student Success Team Coordinator
12
13
Hourly Rate
14
The Contract Hourly Rate is based upon 85% of Column 1, Step 1, of the Teacher Salary Schedule
15
(Appendix A-1) and is paid for the following assignments:
16
Scheduled IEP meetings that extend beyond the employee's daily contract hours.
17
Special Education teachers - to a maximum of 65 hours per school year.
18
Regular Education teachers - to a maximum of 20 hours per school year.
19
Evening Music Events
20
Music teachers' time at District-required events in excess of six (6) events per school
21
year.
22
Summer School Teacher
23
Ready-to-Start Teacher
24
Other assignments as set forth in this Agreement
25
26
Miscellaneous Amounts
27
6'h Grade teacher who accompanies class to Camp KEEP
$55.00 per day spent overnight.
28
Jr. High Teacher - assigned teaching in lieu of prep period
1/7 of daily rate for each day taught.
29
Jr. High Teacher -substitute teaching on prep period
1/7 of daily rate for each day taught.
30
31
32
33
2014-2017 Flnal.wpd
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March 25,2015
1
APPENDIXC
2
TERMS DEFINED
3
For the purposes of this Agreement, the terms below are defined as follows:
4
"Approved Units" means those units earned beyond the number of units credited upon
5
commencement of District employment that have been approved by the District.
6
"Day" means a workday for employees covered by this Agreement.
7
"Grievant" means the Exclusive Representative or a bargaining unit member.
8
"Hire date" means an employee's first day of paid service to the District.
9
"Immediate supervisor" means the administrator or manager having immediate jurisdiction over an
10
employee.
11
"Immediate family'' means the mother, father, grandmother, grandfather, or grandchild of the
12
employee or of the spouse of the employee and the spouse, son, stepson, son-in-law, daughter,
13
stepdaughter, daughter-in-law, brother, sister, brother-in-law, sister-in-law of the employee or any
14
relative living in the immediate household of the employee. Requests for exceptions may be
15
presented to the Superintendent. Pursuant to Family Code sections 297 and 297.5(a)-(c)), or
16
successor statutes if applicable, the term "spouse" includes a registered domestic partner. An
17
employee who claims any benefit pursuant to the terms of this Agreement must have valid proof
18
of the registered domestic partnership on file with the District.
19
"Preparation Period or Preparation Time" means on-campus time available during the regular work
20
day that is scheduled for a teacher to engage in professional activities related to his or her
21
assignment.
22
"Transfer" means a change of location from one school to another school as provided by Education
23
Code section 35035(c).
24
"Reassignment" means a change in grade level or subject area assignment within a school.
25
"Vacancy" means an unfilled position for which a current, working employee may apply.
26
27
28
29
30
31
32
33
2014-2017 Final.wpd
- 49 -
March 25, 2015
1
APPENDIX D-1
2
GRIEVANCE FORMS
3
4
5
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
6
GRIEVANCE FORM- LEVEL ONE
7
THIS FORM MUST BE FILLED OUT COMPLETELY.
8
G rtov;~~~ceNumiM!t:
A Level One Grievance must be filed wilhfn twenty (20) days of the alleged vlo!a!lon.
9
10
11
12
_ _ __
I
Grievant: _ _ _ _ _ _ _ _ _ _ __
Work Location: _ _ _ _ _ _ _ _ _ _ _ __
To: _ _ _ _ _ _ _ _ _ _ _ __
Immediate Supervrsor: _ _ _ _ _ _ _ _ _ __
Date of alleged violation: _ _ _ _ _ __
Specific Artlcle(s) or secllon(s) violated: - --
--------------------
13
Synopsis of events resulting In Alleged Violalfon: (attach separate sheet if necessary) - - - - - - - - - -
14
15
16
17
Synopsis of informal conference: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Spectric Remedy Requested: - - - - - - - - - - - - - - - - - - - - - - - - - -
18
19
(Grievant Signature)
(Date)
20
(Must be signed a nd dated by person receiving the Grievance.)
21
Level One Grievance received by:
(Immediate Supervisor)
22
Filing Date:
23
24
25
(Date Grievance Received)
NOTE: If a wrilten decision to this grievance Is not Issued within ten (10) days or the date this grievance was received,
the grievance ts dented and the grievant may appeal to Level Two. The appeal must be filed within ten (10)
days of the Level One Denial.
·
26
ITHIS PORTION TO BE COMPLETED BY THE IMMEQIATE SUPER\/ISOR.l
27
Immediate Supervisor's Decision:
28
Grievance Denied 0
Resolved 0
Date Decision/Response Given to Grievant: - - - - - (Attach copy of written Decision/Response end submit to Superintendent's Office.)
29
(Immediate Supervisor's Signature)
30
31
32
33
2014-201 7 Final.wpd
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March 25, 201 5
1
APPENDIX D-2
2
3
4
5
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
6
7
8
9
10
11
GRIEVANCE FORM· LEVEL TWO
Gllownce Number:- - - -
A Level Two written appeal to the Superintendent or Designated Grievance Representative
must be filed within ten {10) days of a denial at Level One or the deadline within which the Level
One Decision was to be made.
Grievant:--- - - - -- - - -
Work Location:--- - - - - - -
To:·----:-:::--~~-=--:-:---- Immediate Supervisor: - - - - - - - - (Superintendent)
12
Reason for Appeal: - - - -- -- - - - - - - - - - - -- -- - -
13
14
15
16
{Grievant/Representative Signature)
17
18
19
{Date)
NOTE: COPIES OF ALL MATERIALS UTILIZED IN LEVEL ONE MUST BE ATTACHED.
(Must be signed and dated bv person receiving the Level Two Appeal.)
20
Level Two Appeal Received By:
(Superintendent or Designated Grievance RopresontaUvo)
21
Filing Date:
(Dale or Receipt or Appeal)
22
23
24
NOTE: Within ten (10) days after the conference, a written decision and the reasons for such
decision shall be transmitted to Grievant. If a written decision to this grievance Is not Issued
within ten (10) days after this conference, the grievance is denied and the grievant may appeal
to Level Three. The appeal must be tiled within ten (10) days of the Level Two Denial.
25
26
{This Portion for Superintendent's Office Use Only)
27
Date of COnference: - - - - - - - -
28
Level Two Decision:
29
Grievance Denied
o
Resolved
o
No Reply
o
Date of Response to Grievant: - - - - - - . . . . - - (Attach copy of response.)
30
31
32
33
2014-2017 Final.wpd
-51 -
March 25, 2015
1
APPENDIX
0-3
2
3
4
5
6
PANAMA- BUENA VISTA UNION SCHOOL DISTRICT
7
GRIEVANCE FORM- LEVEL THREE
8
Grievanco Number. - - - -
9
10
11
12
The parties shall request lhe services of a mediator from the California State
Conciliation Service within five days following written notice from the grievant that
he/she is not satisfied with the decision at Level Two. The parties shall attempt to
mediate a settlement of the grievance. In no instance will the form or matter of the
discussion and/or proposals during the mediating process be revealed. Only the terms
of a settlement. if any, may be revealed.
13
14
Grievant: _ _ _ _ _ _ _ _ _ _ Work Location: - - - - - - - - - - -
15
To: __(~B~oa-ro7o~f~T~
ru~st~ee-s~)------------------------------
16
Reason For Appeal:
17
18
19
20
NOTE: COPIES OF ALL MATERIALS UTILIZED IN PRIOR LEVELS MUST BE ATTACHED.
21
22
23
(Must be signed and dated by person receiving the Level Three Appeal.)
24
Level Three Appeal Received By:
25
(Superintendent or Designated Grievance RepresentaUve)
Filing Dale:
26
· (Date or Recolpt or Appeal)
27
28
29
30
31
32
33
2014-2017 Final.wpd
- 52-
March 25, 2015
APPENDIX 0-4
1
2
3
4
5
6
PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
7
GRIEVANCE FORM- LEVEL FOUR
8
Grievance Numbe r : - - - - - -
9
10
11
12
In the event the Association is not satisfied with the result at Level Three, it may, within
five days of completion of the Level Three proceedings, submit the grievance to
arbitration through the American Arbitration Association. If the grievant is satisfied with
the result at Level Four, or any prior level, the Exclusive Representative is barred from
instituting the arbitration procedure.
13
o
I am not satisfied with the result at Level Three.
0
I request this grievance proceed to arbitration.
14
15
16
Grievant.:------------
17
To: ___~~~~~~---------
Work Location:._ _ _ _ _ _ _ __
(Superintendent)
18
19
20
(Must be signed and dated by person receiving the Leyel Four Appeal.)
21
Level Four Appeal Received By:
22
Rling Date:
23
(Supertntendont or Doslgnated Grievance Representative)
(Dille of Receipt of Appeal)
24
25
26
27
28
NOTE: COPIES OF ALL MATERIALS UTILIZED IN PRIOR LEVELS MUST BE ATTACHED.
29
30
31
32
33
2014-2017 Finai.wpd
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March 25, 2015
1
APPENDIX E-1
2
EVALUATION FORMS
3
4
Prollollon~ry
Panama~Buena
VIsta Union School District
Permanent
5
CERTIFICATED EMPLOYEE OBSERVATION
Temporary
ProvlslonaV
Emergency Credential
6
Teacher _______________
7
Observation Date - - - - - - -Grade Level and!or Assignment - - - - - - - - Above Average: _ _
Below Average: _ _
Average: _ _
Composition of Group:
Special Problems: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
8
School _ _ _ _ __ _ _ __ _ _ __
9
10
11
Attach a lesson plan which lists:
Content slandard(s)
l esson objeclive(s)
Method(s) for differentiating Instruction
Method(s) for rormative and summative
student assessment
l esson structure and sequence should include:
Connecting prior knowledge
Input and model
Structured practice
Guided practice
Independent praclice
12
"i ~~'i !ii
i) llll
~.li~!
13
~:~A
OBSERVATION
14
15
16
17
18
19
20
21
22
23
24
Uses a variety of instructional strategies, resources, and technologies to meet students'
diverse learn ing needs (1 .4)
Monitors student learnlnQ and adJusts Instruction while teachinQ (1 .6)
Creates physical or virtual learning environments that promote student learning, reflect
diversity, and encourage constructive and productive interactions amom:1 students(2.2)
Creates a rigorous learning environment with high expectations and appropriate support
for all students (2.4)
Employs classroom routines, procedures, norms, and supports for positive behavior to
ensure a climate in which all students can learn (2.6)
Uses Instructional time to optimize learning (2.7)
Demonstrates knowledge of subject matter, academic-content standards, and curriculum
frameworks (3.1)
Establishes and articulates aoals for student learning (4.2)
Plans JnstrucUon that incorporates appropriate strategies to meet the learning needs of all
students (4.4)
Uses assessment data to establish learning goals and to plan, differentiate, and modify
instruction (5.4)
Summary:
25
26
27
28
Principal's Signature - - - - - - - -- - -- - - -
Date - - - - - -- -
Teacher's Signature - - - - - - -- - - - - - -
Date - -- - -- - -
29
30
Rev: 8111 pp
'lotllle: Dlsilfct
Yellow: Prfndpul
31
Pink: Tcacllcr
704000
32
33 , 2014·2017 Final.wpd
- 54-
March 25, 201 5
APPENDIX E-2
1
2
3
4
Panama-Buena Vista Union School District
EVALUATION FOR CERTIFICATED STAFF
5
6
TEACHER: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
SCHOOL YEAA: _ _ _ __
SCHOOL: _ _ _ _ __ _ _ _ _ GRADELEVELANDIORASSIGNMENT: _ _ _ _ _ _ _ _ _ _ __
7
8
9
D
D
D
D
COLUMN 1: MEETS STANDARDS
COLUMN 2: NEEDS IMPROVEMENT IN MEETING STANDARDS
COLUMN 3: DOES NOT MEET STANDARDS
TEMPORARY
PROVISIONAL/EMERGENCY CREDENTIAL
PROBATIONARY
PERMANENT
STANDARD ONE: ENGAGING AND SUPPORTING ALL STUDENTS IN LEARNING
11
1.1
Uses knowledge or students to engago them In teaming
1.2
Connects learning to students' prior knowledge, backgrounds, llle
experiences, and Interests
12
13
1.3
Connects subject matter to meaningful, real-life contexts
Uses a variety or lnstructlonal strategies, resources, and technologlos to meet
students' diverse learning needs
1.5
Promotes criUcalthinklng through Inquiry, problem solving, and reftectlon
15
1.6
Monitors student Ieeming and adjusts lnstruc:Uon while leaching
16
STANDARD TWO: CREATING AND MAINTAINING EFFECTIVE ENVIRONMENTS FOR
STUDENT LEARNING
17
2.1
Promotes social development and responsibility within a curing community where each
student is treated fairly and respectfully
18
2.2
Creates physlcal or llirtual leaming environments that promote student teaming, ronoct
diversity, and encourage constructlvo and productive intemcUons among students
19
2.3
Establishes and maintains teaming environments that are physically, Intellectually, and
emotionally safe
20
2.4
21
Creates a rigorous teaming environment with high expectaUons and appropriate support
for all students
2.5
22
Develops, communicates, and maintains high standards for Individual and group
behavior
2.6
Employs classroom routines, procedures, norms, and supports ror positive behavior to
ensure a climate In which all students con learn
2.7
Uses Instructional timo to opllmlze Ieeming ·
24
STANDARD THREE: UNDERSTANDING AND ORGANIZING SUBJECT MAnER FOR
STUDENT LEARNING
25
3.1
26
Demonstrates knowledgo or subject matter, academic-content standards, and curriculum
rramoworl<s
3.2
Applies knowledge or student development and proficlencles to ensure student
understanding or subject mailer
27
3.3
Organizes curriculum to facilitate student undorslandlng or tho subject mailer
3.4
UUIIzes lnstructlonal strategies that are appropri,ato to the subject matter
3.5
Uses and adapts resources, technologies, and standards-aligned Instructional
materials, including adopted materials, to mako subjocl maller eccesstblo to all students
3.6
Addresses tho needs or English reamers and students with special needs to provide
eoultablo access to the content
28
29
30
Rov. Bitt pp
While: Oblrtd
Yellow: Prlndpel
I
2
T
3
I
Comments:
1.4
14
23
T
1
10
Pink! Teacher
,
I
I
2
I
3
I
CC?mments:
1
l
2
I
l
3
I
Comments:
(Pogo 1 ol3)
70>4010
31
32
33
2014-2017 Flnal.wpd
-55-
March 25, 2015
APPENDIX E-3
1
2
3
4
5
6
STANDARD FOUR: PLANNING INSTRUCTION AND DESIGNING LEARNING
EXPERIENCES FOR ALL STUDENTS
7
4.1
Uses knowledge or sludeniS' academic readiness, language proficiency, cultural
background, ~nd Individual development to plan lnstrucllon
a·
4.2
Establishes and artlculatos goals for student loamlng
9
4,3 Develops and sequences long·lerm and short-tenn lnstrucUonal plans to
student Ieeming
10
11
1
4.4
Plans lnstrucUon that Incorporates appropriate strategies to meet the loamlng needs or
all students
4.5
Adapts lnstrucUonal plans and curricular malerials to meet tho learning needs of all
students
1
13
5.1 Applies knov.iedge of tho purposes, characlorlsllcs, ond uses or dllferont types or
assessments
14
5.2
Collects and analyzes ossessmont data rrom u variety or sources to Inform Instruction
.5.3
Reviews data, both Individually and with colleagues, l.o monitor studentleamlng
5.4
Uses assessment dala to establish teaming goals and to plao, dirteronllate, ond modify
lnstrucllon
5.6
Involves oil sludents in sell-assessment, goal sotUng, and monitoring progress
5.6
Uses evaloblo technologies to assist In assessmenl, analysis, and communlcaUon or
student learnlr1g
18
5.7
Usos assossmont lnformaUon to shara timely and compreheoslblo feedback with
studonl$ and their families
19
STANDARD SIX: DEVELOPING AS A PROFESSIONAL EDUCATOR
20
6.1
Renects on teaching practice In support or student Ieeming
21
6.2
Establishes professional goals and engages In continuous and purposeful professional
growth and development
22
6.3
Collaborates with colleagues and the broader professional communlly lo support teacher
and student loamlng
23
6.4
Works with families to support studenl learnlng
25
I
2
I
17
24
I
3
I
support
STANDARD FIVE: ASSESSING STUDENTS FOR LEARNING
16
2
Comments:
12
15
I
I
I
3
I
3
I
Comments:
1
I
2
I
I
eommenls:
6.5
Engages local communities In support or the lnstrucllonal program
6.6
Manages professional rosponslbllltles to maintain moUvallon and commitment to all
studenls
6.7
Oamonstrates professional responsibility, fnlegrity, and ethical conduct
26
27
28
29
30
Rev. 8/11 pp
IMllo; Dlslrlct
Yellow: PMdpol
Pink: TeaCher
(Page 2 or 3)
704010
31
32
33
2014·2017 Final.wpd
. 56.
March 25, 2015
APPENDIX E-4
1
2
3
4
5
Summary/Recommendations:
6
7
8
9
10
11
12
13
14
15
16
Evaluator's Signature
I agree
0
I dlsagreo
Date
0
wilh this evaluallon.
17
18
*Teacher's Signature
Date
19
20
• The employee's signature Indicates receipt of this evaluation. Ttle employee may respond to this evaluaUon by attaching a separam
document This evaluation and any response received within len (10) days of the dale of this document will bo placed fn the employee's
porsonnel me.
21
22
23
0
This teacher meets the requirements for a five-year evaluation cycle. I hereby give my consent for such
placement.
24
Evaluator's Signature
Date
25
26
I consent
0
I do not consent
0
to be placed on a five-year evaluation cycle.
27
28
Teacher's Signature
29
The ccrtlficatod employee or the evaluator may withdraw consent at any ~me (EducaUon Code 44664).
30
Rev. 8/11 pp
Date
While: Dls!rlcl
YeUow: P~nclpal
Pinl<: Taach01
(Page 3 ol3)
704010
31
32
33
2014-2017 Flnal.wpd
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March 25, 2015
1
APPENDIXF
2
PERFORMANCE NOTIFICATION FORM
3
4
5
Panama-Buena Vista Union School District
4200 Ashe Road· Bakersfield, CA 93313
(661) 831-8331 ·fax (661) 398-2141
6
7
CERTIFICATED EVALUATION PROCESS
8
O rempOfllry
O Emorgoncy
ProvlslonaV
CredenUal
D
Q cflTlananl
Probationary
PERFORMANCE NOTIFICATION
9
10
11
Teacher______________________________
School.______________________
Grade Level and/or Assignment._____________________________________
12
Part 1: Written Improvement Plan
13
This form Is to be completed by a certificated employee's evaluator if the evaluator has determined that
the employee needs improvement in meeting or does not meet standards in the areas of instruction
and/or teaching methods.
14
15
1.
Specific area(s) where employee "needs improvement in meeting standards" or "does not meet
standards":
2.
Specific recommendations as to area(s) of improvement in the employee's performance (Written
Improvement Plan):
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Evaluator's signature____________________________
Date.________ _ _
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Employee's signature•_________ _ _ _ _ _ _ _ ___
Date._ __ _ __ __
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*The employee's signature indicates receipt of this notification and does not necessarily Indicate
agreement.
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Yellow: Principal
Pink: Teacher
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Panama-Buena VIsta Union School District
4200 Ashe Road • Bakersfield, CA 93313
(661) 831-8331 • fax (661) 398-2141
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CERTIFICATED EVALUATION PROCESS
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romporory
DProvlslonall
E'morgonciy CmdonUal
0 Probollonory
QPonmoncnt
PERFORMANCE NOTIFICATION
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O
Teacher__.................................................................---
School.__..............................................__
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Grade Level and/or Assignment.__...................................- .................................................................__
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Part 2: Results of Written Improvement Plan
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Implementation Date of Written Improvement Plan:_ _ _ ___________________ _
Results after four-week implementation of Written Improvement Plan:
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Evaluator's signature_................................................................._
Date.___________________
Employee's signature·----------------------------
Date._ _ _ __ __ _
•The employee's signature indicates receipt of this notification and does not necessarily indicate
agreement.
·
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Yellow: Principe!
Pink: Teacher
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APPENDIX G-1
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CERTIFICATED TRANSFER OR REASSIGNMENT FORM
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PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
CERTIFICATED TRANSFER OR REASSIGNMENT FORM
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Name __________________________________
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Present School _______________________ Present Grade - --
Date------------------
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Please check the appropriate box below:
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I am applying for a position at my school site (Voluntary Reassignment)
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I am applying for a posted position at another school site (Voluntary Transfer)
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Position and location: - - - - - - - - - NOTE: All voluntary transfer and reassignment decisions shall be based on the a"iteria
described In Article IX, Paragraph 0 .2 of the collective bargaining agreement. Please answer
the following questions to aid the district in its determination: attach additional sheet, if needed:
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1. Please describe any and all credentials and/or special authorizations held at the time
of applying for the position.
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2. Please address any relevant training and/or experiences you have that you feel make
you qualified for the position. Make sure to address the stated educational and program
needs described In the position posting.
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3. Please address anything else you feel is relevant to being accepted for this position.
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Contact Phone Number
Employee Signature
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APPENDIX G-2
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SUMMER CERTIFICATED TRANSFER OR REASSIGNMENT FORM
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PANAMA-BUENA VISTA UNION SCHOOL DISTRICT
CERTIFICATED TRANSFER•JREASSIGNMENT*" FORM
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IF AN OPENING BECOMES AVAILABLE AFTER THE LAST DAY OF SCHOOL
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Name _________________ ________
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Present School __________________
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I would like to be considered for any grade level position at the school stte(s) listed below should
they become available during the period between the last school workday and July 15 of this
year.
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SPECIFY GAADE
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SCHOOL
15 TCHOICE
2N° CHOICE
3ROCHOICE
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Present Grade------- -
-TRANSFER - MOVE FROM ONE SCHOOL SITE TO ANOTHER
- REASSIGNMENT - CHANGE GRADE LEVEL AT PRESENT SCHOOL SITE
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Date _ _ _ ________
NOTE: All voluntary transfer and reassignment decisions shall be based on the criteria
described In Article IX, Paragraph C.1 of the collective bargaining agreement. Please answer
the following questions to at~ the district In Its determination; aUach addtuonal sheet If needed:
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1. Please describe any and all credentials and/or special authorizations held at the time
of applying for the position.
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2. Please address any relevant training and/or experiences you have that you feel make
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you qualified for the position. Make sure to address the stated educational and program
needs described in the position posting.
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3. Please address anything else you feel is relevant to being accepted for this position.
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Cell/Summer Contact Phone Number
Employee Signature
THIS FORM MUST BE TURNED IN TO THE HUMAN RESOURCES DEPARTMENT
BY THE LAST WORK DAY OF THE SCHOOL YEAR.
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