NEAJ Contract 7-17-14 rev.1 - Jurupa Unified School District

Jurupa Unified School District
And
National Education AssociationJurupa
Collective Bargaining
Agreement
July 1, 2014
June 30, 2017
1
TABLE OF CONTENTS
2
Article
Page
3
I.
-
Recognition
1
4
II.
-
Duration
4
5
III.
-
District Rights
5
6
IV.
-
Association Rights
7
7
V.
-
Unit Member Rights
12
8
VI.
-
Safety
21
9
VII.
-
Hours of Duty
28
10
VIII.
-
Class Size
44
11
IX.
-
Evaluation Procedures
52
12
X.
-
Personnel Files
65
13
XI.
-
Absences and Leaves
68
14
1. General Leave Provisions
68
15
2. Association Leave
69
16
3. Bereavement Leave
71
17
4. Catastrophic Leave
72
18
5. Court Appearance Leave (Other Than Jury Duty)
77
19
6. Family Care and Medical Leave
78
20
7. Industrial Accident and Illness Leave
79
21
8. Jury Duty Leave/Official Appearance Leave
80
22
9. Maternity Leave/Adoption Leave
81
23
10. Parental Leave
83
24
11. Personal Necessity Leave
83
25
12. Professional Growth Leave
86
26
13. Sick Leave
87
27
1
Article
2
XI.
Page
-
Absences and Leaves (Continued)
3
14. Special Leave
91
4
15. Unpaid Disability Leave
91
5
XII.
-
Transfer and Reassignment
92
6
XIII.
-
Work Years
102
7
XIV.
-
Basic Compensation
105
8
1. Salary Schedule (Effective July 1, 2014)
115
9
2. Schedule II
116
Extra Compensation
117
10
XV.
-
11
1. Schedule III (Effective July 1, 2014)
127
12
2. Schedule IV (Effective July 1, 2014)
130
13
XVI.
-
Reimbursements
131
14
XVII.
-
Health and Welfare Benefits
134
15
XVIII.
-
Supplemental Retirement Benefits
139
16
XIX.
-
Reduced Workload Program
141
17
XX.
-
Early Retirement Incentive Program
143
18
XXI.
-
Grievance Procedure
147
19
XXII.
-
PAR-Peer Assistance and Review Program
154
20
XXIII.
-
Restructuring
166
21
XXIV.
-
No Strike/No Lockout
169
22
XXV.
-
Savings
170
23
XXVI.
-
Completion of Meet and Negotiation
171
24
XXVII.
-
Negotiation Procedures
172
25
NATIONAL EDUCATION ASSOCIATION REPRESENTATIVES
26
APPENDIX
1
ARTICLE I
2
RECOGNITION
3
Section 1 - Association.
4
referred
5
Education
6
Association and the National Education Association (hereinafter referred to
7
as
8
employees listed below:
the
9
to
as
the
The Jurupa Unified School District (hereinafter
"District")
Association
-
"Association")
as
confirms
Jurupa,
the
its
affiliated
exclusive
recognition
with
the
representative
of
the
National
California
Teachers
for
that
unit
of
Adult Education Teacher
10
Behavior Specialist
11
Classroom Teacher
12
Counselor
13
Guidance Coordinator
14
Speech & Language Pathologist
15
Librarian
16
Mental Health Counselor
17
Nurse
18
Program Specialist
19
Psychologist
20
Special Education Teacher
21
Teacher on Special Assignment
22
Temporary Teacher
23
Section 2 - Board of Education.
24
Education as duly elected trustees of the Jurupa Unified School District and
25
agrees
26
Board of Education.
27
to
negotiate
exclusively
The Association recognizes the Board of
with
1
the
representatives
selected
by
the
1
Section 3 - Individual Contracts.
2
of Education and unit member heretofore executed shall be subject to and
3
consistent with the terms and conditions of this Agreement.
4
Section 4 - Supremacy of Agreement.
5
rules, regulations or practices of the Board of Education which are or may in
6
the future be contrary to or inconsistent with its terms.
7
Section
8
interpreted and applied in a manner which is consistent with the concept of
9
due process.
5
-
Due
Process.
The
Any individual contract between the Board
This Agreement shall supersede any
provisions
of
this
Agreement
shall
be
10
Section 6 - Maintenance of Certain Benefits.
11
members in written Board policies and regulations which were in effect on
12
July 1, 1976 which fall within the scope of the collective bargaining law
13
will continue for the duration of the Agreement.
14
Section 7 - Notice.
15
giving, serving or delivering of any notice, statement, or other instrument,
16
the same shall be deemed to have been duly given, served, or delivered,
17
either upon personally delivering or by mailing the same by United States
18
registered or certified mail (return receipt requested) to the Party entitled
19
thereto at the address as set forth below:
20
DISTRICT:
Whenever provision is made in this Agreement for the
DEPUTY SUPERINTENDENT-PERSONNEL SERVICES
21
Jurupa Unified School District
22
4850 Pedley Road
23
Jurupa Valley, CA
24
ASSOCIATION:
Benefits provided to unit
92509
PRESIDENT
25
National Education Association - Jurupa
26
4651 Brookhollow Circle, Suite A
27
2
1
Jurupa Valley, CA
92509
2
Either Party may change the address to which notice shall be given by notice
3
sent in accordance with the provisions of this Article.
4
//
5
//
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
3
1
ARTICLE II
2
DURATION
3
Section 1 - Duration.
This Agreement shall be effective July 1, 2014 until
4
June 30, 2017 unless another effective date is specified elsewhere in the
5
Agreement.
6
basic hourly rate (Schedule IV) which will be effective for work performed
7
from the date NEA-J ratifies the Agreement.
8
Section 2 - Reopeners.
9
A.
Other effective dates include summer school (Schedule IV) and the
Reopeners for the 2015-2016 and 2016-2017 school years shall include
10
Article XIV-Basic Compensation and Article XVII-Health and Welfare and
11
and up to two additional articles selected by each party.
12
B.
Additionally,
the
Parties
agree
to
negotiate
the
impact
of
new
13
legislation including legislation by ballot initiative, and/or judicial
14
decision insofar as the impact is within the scope of bargaining.
15
//
16
//
17
18
19
20
21
22
23
24
25
26
27
4
1
ARTICLE III
2
DISTRICT RIGHTS
3
Section
4
prerogative of the District to govern, operate, and manage its affairs in all
5
respects
6
recognizes the right and responsibility of the Association to represent unit
7
members in matters subject to meeting and negotiating.
8
Section 2 - District Rights, Power And Authority.
9
agreed that the District retains all powers, rights, authority, duties and
1
-
in
Legal
The
Responsibilities.
accordance
with
It is understood and
12
these District powers, rights, authority, duties and responsibilities are
13
rights
14
determine the times and hours of operations; determine the kinds and levels
15
of services to be provided and the methods and means of providing them;
16
establish its educational policies, goals and objectives; insure the rights
17
and
18
determine the number and kinds of personnel required; maintain the efficiency
19
of
20
facilities; establish budget procedures, determine budgetary allocation, and
21
determine the methods of raising revenue.
22
right to hire, classify, assign, evaluate, promote, terminate and discipline
23
employees.
24
Section 3 - Limitations.
25
the foregoing powers, rights, authority, duties and responsibilities by the
26
laws and Constitutions of California and the United States, the provisions of
27
District
organization;
opportunities
operations;
of
determine
direct
students;
the
in
District
Constitutions of the State of California and the United States.
educational
vested
The
11
its
and
responsibilities.
the
responsibilities
determine
upon
legal
recognizes
10
to
conferred
its
Association
the
it
work
determine
curriculum;
by
of
the
laws
Included in
its
staffing
build,
move,
and
employees;
patterns;
or
modify
In addition, the Board retains the
The District shall be limited in the exercise of
5
1
this Agreement, and the duty of the District to meet and negotiate in good
2
faith
3
representation,
4
except as limited by the Article “Completion of Meet and Negotiation.”
5
Section 4 - Emergency Clause.
6
certain exigent circumstances when emergency action is required.
7
shall be limited to unforeseen events of such extreme magnitude as to make
8
the
9
nonperformable and require action by the District in response thereto.
with
the
affected
event
of
and
Association
to
consult
provisions
such
a
in
of
bona
matters
with
regard
relating
to
to
appropriate
other
the
scope
of
matters
Both Parties recognize that there may occur
the
fide
Agreement
emergency,
reasonably
11
provisions of this Agreement may be temporarily suspended, but the Parties
12
agree to meet and negotiate as soon as possible to arrive at a mutually
13
agreeable solution during the emergency.
14
promptly when the emergency ends.
15
//
16
//
19
20
21
22
23
24
25
26
27
6
the
In
the
18
of
objectively
10
17
performance
and
Emergencies
affected
Such suspension shall be terminated
1
ARTICLE IV
2
ASSOCIATION RIGHTS
3
Section 1 - Use of Facilities.
4
the right to make use of school equipment, buildings, and facilities at
5
reasonable hours by application under the appropriate District policy.
6
Association shall have the right to post notices of activities and matters of
7
Association
8
bulletin board of reasonable size shall be provided in each school in areas
9
frequented by unit members.
concern
At
least
one
(1)
The Association may use the District interschool
employee mail-boxes for communications to unit members.
12
Section
13
representatives of the Association shall be permitted to transact official
14
Association business on school property before and after instructional hours
15
and during lunch periods as long as there is no interference with the normal
16
operation of school.
17
Section 3 - Association Leave.
18
Association Leave as authorized under the Article "Absences and Leaves."
19
Section 4 - Association Day.
20
Day" except when a parent-conference day is on Wednesday.
21
become "Association Day" for that week.
22
be on duty beyond the regular hours of duty on "Association Day".
Unit
23
members
non-
24
teaching duties at 3:15 p.m. to attend scheduled "Association Day" meetings,
25
if they choose to do so.
26
Section 5 - Non-Interference.
whose
as
boards.
11
-
well
bulletin
mail
2
as
Association
The
10
27
service,
on
The Association and its members shall have
e-mail
Association
hours
extend
and
Business
other
on
electronic
School
communications
Property.
and
Authorized
The Association shall be entitled to use
Each Wednesday is designated as "Association
beyond
3:15
Thursday shall
No unit member shall be required to
p.m.
shall
be
excused
from
The District or its representatives shall not
7
1
interfere with lawful Association activities, plans or decisions.
2
Section 6 - Membership/Service Fees.
3
(30) days of the effective date of this Agreement or within thirty (30) days
4
of the commencement of assigned duties, either be a member of the Association
5
or pay a service fee to the Association, except as provided for in Section
6
12, "Religious Objectors."
7
assessments, adjusted as required by law.
8
Section 7 - Maintenance of Membership.
9
effective date of this Agreement, is a member of the Association and each
10
unit member who becomes a member after that date shall maintain his/her
11
membership
12
District agrees not to honor any requests by unit members for cancellation of
13
dues deduction from salary received during this period.
14
Section 8 - Payment.
15
Association or may authorize payment by payroll deduction as provided below
16
in Section 10 of this Article.
17
Section 9 - Deductions.
18
or who has applied for membership may sign and deliver to the District a
19
written statement authorizing deduction of unified membership dues in the
20
Association.
21
unless revoked in writing.
22
shall deduct one-tenth (1/10) of such dues from the regular salary warrant of
23
the unit member each month for ten (10) months.
24
who sign such authorization after the commencement of the school year shall
25
be appropriately prorated to complete payments by the end of the school year.
26
Upon appropriate written authorization from the unit member, the District
27
in
the
Each unit member shall, within thirty
This fee shall equal regular membership dues and
Association
through
Each unit member who, after the
the
term
of
the
Agreement.
The
A unit member may pay such fees or dues directly to the
Any unit member who is a member of the Association
Such authorization shall continue in effect from year to year
Pursuant to such authorization, the District
8
Deductions for unit members
1
shall
deduct
2
remittance for annuities, credit union, savings bonds, charitable donations
3
or
4
District.
5
Section 10 - Automatic Deduction/Transmittal.
6
does not pay the above referenced dues or fees directly to the Association or
7
authorize payment through payroll deduction, the District will, on written
8
notification and presentation of adequate documentation by the Association,
9
deduct the membership dues or service fees and appropriate amounts to cover
any
from
other
the
plans
or
salary
of
programs
any
unit
jointly
member
approved
and
by
make
the
appropriate
Association
and
In the event that a member
10
dues and/or fees in arrears as provided in Education Code Section 45061.
11
dues and/or service fees deducted by the District pursuant to authorization
12
by unit members will be delivered to the Association.
13
of unit members from whom such deductions have been made which indicates any
14
changes in personnel from the previous list will also be provided.
15
Section 11 - Religious Objectors.
16
religious body whose traditional tenets or teachings include objections to
17
joining
18
required
19
Association
20
required, in lieu of a service fee, to pay sums equal to such service fee to
21
one of the following non-religious, non-labor organizations, charitable funds
22
exempt from taxation under Section 501(c) (3) of Title 26 of the Internal
23
Revenue Code:
or
financially
to
join,
as
a
supporting
maintain
condition
An alphabetical list
Any unit member who is a member of a
employee
membership
of
in,
employment.
organizations
or
shall
financially
Such
unit
member
a.
Foundation to Assist California Teachers
25
b.
NEA-Jurupa Christa McAuliffe Memorial Scholarship Fund
26
c.
Rubidoux Lions Club - Sight Fund
9
not
support
24
27
All
shall
be
the
be
1
Proof of such payment(s), along with verifiable evidence of membership in a
2
religious body whose traditional tenets or teachings object to joining or
3
financially supporting employee organizations, shall be made on an annual
4
basis to the District and Association as a condition of continued exemption
5
from the provisions of Section 7.
6
an authorized payroll deduction, or in the form of receipts and/or canceled
7
checks indicating the amount paid, date of payment, and to whom payment in
8
lieu of service fee has been made.
9
(30) days of ratification of this Agreement and within thirty (30) days of
Proof of payment shall be in the form of
Such proof shall be made within thirty
10
the beginning of the unit member's work year thereafter.
11
Section 12 - Information.
12
needed by the District to fulfill the provisions of this Article.
13
Section 13 - Association Grievance.
14
a grievant as specified in the Grievance Procedure Article of this Agreement.
15
Section 14 - Hold Harmless Clause.
16
and hold harmless the District, the District's Board of Education, including
17
each individual School Board member, the employees acting within the scope of
18
their employment, agents and representatives of the District against any and
19
all claims, demands, suits or other forms of liability, including but not
20
limited to, wages, damages, judgments, fees, fines, court costs, attorney
21
fees,
22
arbitrator or PERB order, judgment or settlement which may arise by reason
23
of, or resulting from the operation of this Article.
24
bear all costs of defending against any and all such claims, demands, suits,
25
or other forms of liability, including, but not limited to, court costs,
26
attorney fees and all other costs of litigation.
27
and
any
back
pay,
The Association shall furnish any information
penalties
The Association has the right to act as
The Association shall indemnify, defend
or
10
awards
resulting
from
any
court,
The Association shall
Upon commencement of such
1
legal action, the Association shall have the exclusive right to decide and
2
determine whether any claim, liability, suit or judgment made or brought
3
against the District or Association because of such action shall or shall not
4
be compromised, resisted, defended, tried, or appealed.
5
decision thereon shall be final and binding upon all parties protected by
6
this Section.
7
of the District, Board of Education or any individual protected by this
8
Section of any claim against the Association for failing to act in good faith
9
in
settling
The Association's
This paragraph shall not be construed as a waiver on the part
a
claim
or
any
failure
to
competently
defend
and
hold
them
10
harmless, or in cases where the Association seeks redress for the District's
11
alleged failure to comply with the operation of this Article.
12
Within ten (10) days of proper service of a claim, demand, suit, or other
13
legal
14
Association and provide the Association with copies of any documents received
15
as a result of the legal action.
16
the Association's legal counsel with documents and information reasonably
17
related to providing a defense.
18
Section 15 - Meet and Confer.
19
monthly to discuss items of mutual concern.
Such discussions shall not
20
supplant
items
21
bargaining.
22
//
23
//
action
against
negotiations
any
protected
between
party,
District
shall
inform
the
Upon request, the District shall provide
The District and the Association agree to meet
the
Parties
24
25
26
27
the
11
on
within
the
scope
of
1
ARTICLE V
2
UNIT MEMBER RIGHTS
3
Section 1 - Participation.
The District and the Association recognize the
4
right of unit members to form, join and participate in lawful activities of
5
employee organizations and the alternative right of unit members to refuse to
6
form, join and participate in organization activities.
7
Association agree that neither side will take adverse action against any unit
8
member as a result of his/her forming, joining, or participating or refusing
9
to form, join or participate in lawful Association activities.
The District and
10
Section 2 - Implementation.
11
implement this Agreement shall be uniform in application and effect.
12
Section 3 - Resignation.
13
intention to resign shall remain revocable until such time as the Board takes
14
action.
15
Section
16
evaluated, promoted, terminated, suspended and disciplined by the District
17
for just cause only.
18
A.
19
20
4
Just
-
Just
cause
A unit member's notification to the District of
Cause.
is
Rules and Regulations which are designed to
Unit
described
members
as
a
shall
cause
be
that
classified,
a
person
of
assigned,
ordinary
intelligence would consider fair and reasonable.
B.
When
the
District
seeks
to
impose
a
suspension
and/or
terminate
a
21
certificated unit member, the District must afford the unit member the
22
rights outlined in Education Code section 44932 et. seq.
23
Section 5 – Public Complaint Procedure.
24
A.
25
26
27
Any
involved
unit
member
shall
be
afforded
the
full
right
representation at all stages of this process.
B.
The District recognizes the integrity and professionalism of unit
12
to
1
members and desires to support their actions in such a manner that they
2
are
3
complaints by a member of the public.
4
the
5
community members.
6
C.
freed
from
procedures
unnecessary,
outlined
spiteful,
herein
or
negative
criticism
and
The District acknowledges that
include
complaints
from
parents
and
Every effort will be made to resolve complaints concerning unit members
7
at
the
earliest
8
procedures:
9
1.
possible
stage
in
accordance
with
the
following
Complaints concerning unit members should, whenever possible, be
10
made by the complainant directly to the unit member against whom
11
the complaint is lodged.
12
2.
Complaints not resolved at the informal level above, shall be
13
directed by the complainant to the unit member's immediate
14
supervisor.
15
a.
Any complaint regarding the unit member's job performance
16
shall
17
possible.
18
b.
be
Should
discussed
the
immediate
unit
member
supervisor
or
involved
a
shall
unit
member
21
stated
22
reasonable
23
place mutually agreed upon by the parties.
24
of the complaint shall be given to the unit member prior to
25
the meeting.
27
time
(within
held
as
complainant, unit member and administrator to review the
Such
be
soon
20
concern.
meeting
as
deem
c.
appropriate,
the
19
26
it
with
meetings
shall
the
member's
unit
be
with
held
at
workday)
a
and
Adequate notice
If informal discussion between the administrator and the
13
the
1
complainant
2
complaint, the complainant shall be requested to state the
3
complaint
4
discussed with the involved unit member.
5
complainant
6
deemed by the District to be a withdrawal of the complaint.
7
in
to
bring
writing.
to
state
about
Such
the
resolution
written
complaint
complaint
in
writing
shall
and
analyze
9
strategies to the complainant and involved unit member.
3.
If
the
complaint,
after
review
the
submit
immediate
13
the situation, to the Superintendent/designee.
14
decision of the Superintendent/designee shall be final unless the
15
complainant,
16
closed hearing before the Board of Education on the complaint.
4.
No
hearing
will
unless
be
held
the
the
Education
has
on
any
20
Superintendent's report shall contain, but not be limited to, the
21
following:
22
a.
The name of each employee involved.
23
b.
A brief but specific summary of the nature of the complaint
inform
The
and
25
Board and the unit member(s) as to the precise nature of
26
the complaint and to allow the unit member to prepare a
14
to
the
24
27
sufficient
received
a
Superintendent's written report concerning the complaint.
it,
Board
of
request
19
surrounding
the
The resolution
Superintendent
Board
written
complaint
facts
until
the
18
the
and
by
or
refer
supervisor,
complaint, together with the supervisor's report and analysis of
member
shall
resolution
12
unit
supervisor
and
review
remains
the
the
by
appropriately
be
11
17
unresolved,
complaint
be
Failure of the
8
written
shall
the
shall
administrative
the
supervisor
of
The
10
d.
fails
the
1
defense.
2
c.
A true copy of the signed original of the complaint itself.
3
d.
A
summary
of
the
the
6
Superintendent's
7
reasons therefore.
has
not
the
in
specific finding that the disposition of the case at the
level
with
Superintendent
5
9
complaint,
by
connection
e.
the
taken
4
8
with
action
been
Superintendent's
possible
and
the
The written report of the Superintendent shall be provided
to the unit member(s) involved at least five (5) workdays
10
prior to any hearing held by the Board on such complaint.
11
5.
All parties involved, including the school administration, shall
12
be
13
presentation
14
opportunity for explanation for clarifying the issue.
15
6.
requested
to
attend
of
all
such
a
available
hearing
for
evidence,
the
purposes
allowing
of
every
The decision of the Board following the hearing shall be final.
16
Any action of the Board shall be consistent with the terms of the
17
Agreement.
18
D.
Complaints or charges which are unsubstantiated shall neither be placed
19
in the unit member’s personnel file nor utilized in any evaluation,
20
assignment, or disciplinary action against the unit member.
21
E.
22
23
24
Contract Management meetings will include a standing agenda item to
discuss any known informal or formal complaints.
F.
Only a failure to follow the specific steps or procedures contained in
this Section can be a subject upon which a grievance may be filed.
25
Section 6 - Unit Member Complaint Resolution Procedure.
26
The District and the Association will actively seek to promote and maintain a
27
15
1
positive learning and working environment free from all forms of harassment.
2
Both
3
better working relationships among all employees.
4
A.
Parties
agree
to
work
cooperatively
to
resolve
conflicts
and
build
Unit members who believe they have been subjected to sexual harassment
5
should follow the procedures described in Board Policy and Regulation
6
4119.11, 4219.11 and 4319.11:
7
B.
Sexual Harassment.
Unit members who believe they have been subjected to other forms of
8
harassment should follow the procedures described in Board Policy and
9
Regulation
10
Procedure.
11
C.
4144,
4244
and
4344:
Individual
Employee
Complaint
The Individual Employee Complaint Procedure is the exclusive District
12
remedy for complaints that meet the criteria described in Board Policy
13
and Regulation 4144, 4244 and 4344.
14
resolution of a complaint by contacting external governmental agencies
15
and/or authorities having jurisdiction over the complaint.
16
member
17
authorities, the unit member waives any and all rights to use this
18
complaint procedure concurrently, except as required by law.
19
D.
first
chooses
to
seek
A unit member may choose to seek
remedy
through
such
If the unit
agencies
and/or
Copies of Board Policy and Regulation 4119.11, 4219.11 and 4319.11 and
20
Board Policy and Regulation 4144, 4244 and 4344 are included in the
21
Appendix of this Agreement.
22
E.
In the event that Board Policy and Regulation 4119.11, 4219.11 and
23
4319.11 and/or Board Policy and Regulation 4144, 4244 and 4344 are
24
revised, changed or deleted, the Parties agree that this Section shall
25
be subject to review and reopeners.
26
27
Section 7 - Confidentiality.
Materials and communications of a confidential
16
1
nature between unit members and administrative personnel, including but
2
not limited to leave and transfer requests, shall be restricted by the
3
administrator on an as-needed basis to the individuals involved.
4
Section 8 - Contracting Out.
5
contract with a third party and the implementation thereof shall be within
6
the sole discretion of the District.
7
to
8
members, the District agrees, upon written request of the Association, to
9
negotiate the impact of such actions as it relates to adversely affected unit
contract
out
services
The determination to contract out or sub-
which
In the event the District should decide
have
historically
been
performed
by
10
members.
11
reduction in salary.
12
unit members from extra compensation assignments as provided by law.
13
connection with the exercise of such right, this Section shall not apply.
14
Section 9 - Child Abuse Reporting.
15
A.
unit
For purposes of this Section, "adversely affected" shall entail a
The District retains the right to assign and terminate
In
The District shall provide inservice training on child abuse reporting
16
as required by law.
17
with such inservice shall be provided updated inservice on an as-needed
18
basis.
19
and
20
responsibilities for child abuse reporting.
21
B.
Unit members who have been previously provided
The District shall also provide each unit member with a copy
explanation
of
the
laws
regarding
the
unit
member's
When a unit member notifies his/her immediate supervisor of an actual
22
or possible case of child abuse, the supervisor shall work with the
23
unit member to fulfill their legal reporting responsibilities.
24
25
26
27
C.
The identity of a child abuse reporter shall be kept confidential to
the extent provided by law.
Section 10 - Restructuring.
17
1
A.
Unit member rights and responsibilities specified in this Agreement
2
shall supersede any conflicting provision of a District or site-based
3
restructuring program unless expressly waived by the Association.
4
unit member may not individually waive any part of this Agreement.
5
6
B.
A
The Association shall retain all consultation and negotiation rights
regarding any restructuring plan or program.
7
Section 11 - Bargaining Unit Work.
8
by another bargaining unit shall not be shifted to unit members.
9
Section 12 - Non-Discrimination.
The District and the Association shall not
10
unlawfully
11
implementation of the terms of this Agreement on the basis of race, color,
12
creed, age, gender, national origin, marital status, sexual orientation or
13
physical handicap.
14
to the arbitration proceedings in the formal grievance procedures of this
15
Agreement except where no administrative agency asserts jurisdiction or where
16
no other judicial or administrative remedy exists.
17
Section 13 - Unit Members With Disabilities.
18
discriminate
Work regularly and customarily performed
against
any
unit
member
with
respect
to
the
Alleged violations of this Section shall not be subject
A. Eligibility for Accommodation.
Once it is known that a unit member is
19
a "qualified individual with a disability" as defined by the Americans
20
With Disabilities Act, it must be determined if he/she is in need of
21
any reasonable accommodation.
22
without
23
member shall be treated as all other qualified individuals.
24
unit member is in need of an accommodation and meets the definition of
25
a qualified individual with a disability, then the District has the
26
duty to provide reasonable accommodation to the extent that such
27
an
accommodation,
If the unit member can perform the job
then
none
18
need
be
provided
and
the
unit
If the
1
accommodation is not an undue hardship.
2
member presents a significant risk of substantial harm to the health
3
and
4
eliminated or reduced by a reasonable accommodation, then there is no
5
duty to accommodate the disabled individual.
6
B.
7
safety
of
others
or
In addition, if the unit
himself/herself,
and
such
harm
cannot
be
Rights and Responsibilities.
1.
The Association recognizes that an individual unit member seeking
8
accommodation under applicable law may represent himself/herself
9
in discussions with the District regarding such accommodations.
10
The
11
legal obligation to discuss accommodation with individual
12
qualified disabled unit members.
13
2.
14
Association
further
recognizes
that
the
District
has
the
Such discussions shall not limit or supersede the Association's
right to act as the exclusive representative for its membership.
15
3.
The District shall comply with the provisions of the Americans
16
With Disability Act as well as applicable provisions of state law
17
and the terms of this Agreement.
18
19
C.
Procedures.
1.
Upon
receiving
request
accommodation
from
the
shall
disability,
District
a
qualified
individual
21
Association in writing of the request.
22
include the unit member's name and the disabling condition.
2.
a
for
20
23
with
a
notify
the
The notification will
The District shall meet with the unit member within ten (10) work
24
days
25
member may request that an Association representative be present.
26
27
3.
of
receipt
of
the
request
for
accommodation.
The
The purpose of the meeting is for the District to consider the
19
unit
1
unit member's request for accommodation.
2
that reasonable accommodation is warranted, efforts will be made
3
to reach agreement with the unit member on the nature of the
4
accommodation.
5
4.
Agreements
between
shared
member
with
and
the
the
District
Association
prior
for
accommodation
7
implementation.
8
discuss the accommodation if the Association determines that it
9
may conflict with the rights of other unit members.
5.
be
unit
6
10
will
the
If the District agrees
to
The District shall meet with the Association to
Such agreements on accommodation are meant to meet the individual
11
needs of a particular unit member and shall not obligate the
12
District to provide the same or similar accommodation for a
13
different unit member.
14
6.
If the qualified unit member with a disability is unable to reach
15
agreement with the District on his/her request for accommodation,
16
he/she may initiate a grievance at Level II.
17
Section 14 – Transportation of Students.
18
transport students in his/her personal vehicle.
19
//
20
//
21
22
23
24
25
26
27
20
No unit member shall be required to
1
ARTICLE VI
2
SAFETY
3
Section 1 - Student Behavior.
4
A.
Assault, battery, physical abuse or repeated verbal abuse, including
5
bullying by means of an electronic act, upon a unit member at any time
6
or place shall constitute good cause for suspension or expulsion of the
7
student
8
appropriate District policies.
9
participate in development of any remedial program for the pupil.
10
B.
from
school
in
accordance
with
legal
requirements
and
The unit member will be invited to
Whenever any unit member is attacked, assaulted, or menaced, including
11
bullying by means of an electronic act, it shall be the duty of the
12
unit member and the duty of his/her immediate supervisor to promptly
13
make a report to the appropriate law enforcement agency.
14
C.
When in the judgment of a unit member the continued presence in class
15
of a pupil represents a physical danger to the unit member, he/she may
16
institute proceedings for consideration for the pupil's exclusion from
17
school.
18
accordance with the District's Student Discipline Procedure.
19
D.
The
Superintendent
or
designee
will
then
take
action
in
A written description of the rights and duties of unit members in
20
respect
21
punishment, and the rights of suspended students shall be presented to
22
each teacher in writing before the first day of school.
23
E.
24
25
26
27
to
student
discipline,
including
the
use
of
corporal
A unit member may use reasonable force to protect himself/herself in
the performance of his/her duties.
F.
If threatening or violent behavior by a particular student enrolled in
a specific teacher’s class poses a clear, present and immediate danger
21
1
to the personal safety of that teacher, the student or the teacher
2
shall be reassigned.
3
particular
4
poses a clear, present and immediate danger to the personal safety of
5
that unit member, the student or the unit member shall be reassigned.
6
G.
student
Likewise, if threatening or violent behavior by a
assigned
to
a
specific
non-teaching
unit
member
The District shall provide each unit member with the procedure for
7
district compliance with Education Code Section 49079, which requires
8
the District to inform the unit member of each pupil who has engaged
9
in,
or
is
reasonably
suspected
of
engaging
in,
any
of
the
acts
10
constituting grounds for suspension or expulsion, with the exception of
11
acts relating to the possession or use of tobacco.
12
this Agreement, failure to follow the procedure shall be grievable.
13
Any changes in this procedure, other than those required by law, shall
14
be negotiated by the District and the Association.
15
Section
16
members to work under unsafe conditions nor require them to perform tasks
17
which may endanger their health or safety.
18
assignment to direct traffic or reenter a work site damaged by earthquake.
19
Section 3 - Noise.
20
that the health or safety of the unit member might be adversely affected.
21
Section 4 - Temperature and Smog.
22
of oxidants per million parts of air, or when the temperature exceeds 90˚
23
Fahrenheit, unit members shall be notified and will not be required to engage
24
in strenuous activities.
25
indoor work station for more than one (1) additional hour after reporting
26
temperatures below 60˚F., thirty (30) minutes below 50˚F., or ten (10)minutes
27
2
-
Unsafe
Conditions.
The
District
will
For purposes of
neither
require
unit
This would include an unsafe
The noise level at any work station shall not be such
When the smog level reaches .20 of a part
Unit members shall not be required to work at an
22
1
below 40˚F.
2
Section 5 - Safety Inspection.
3
qualified inspector of each work location in the District to identify safety
4
hazards.
5
Association upon request.
6
relating to equipment operations and building structure.
7
shall inspect for fire safety periodically, and reports shall be kept on file
8
at the site.
9
relocated, they shall be inspected by a state-licensed inspector.
Copies
of
There shall be an annual inspection by a
inspection
reports
shall
be
made
available
to
the
Among safety factors to be considered are those
The fire marshall
At the time portable or relocatable structures are installed or
Within
10
ninety (90) days after this Agreement becomes effective, each relocatable and
11
portable
12
inspector.
13
or will exist, the District shall take appropriate action.
14
severe hazard is present, the unit member will be assigned to a different
15
work station until the condition has been corrected.
16
Section 6 - Reporting Unsafe or Hazardous Conditions.
17
A.
classroom
shall
be
inspected
for
safety
by
a
state-licensed
Should any inspector's report state that a safety hazard exists
If an immediate,
At every school site, the District will maintain an intercom system, or
18
its equivalent, which makes it possible for every classroom to contact
19
the site office.
20
B.
Unit members have the right and the obligation to refer unsafe or
21
unhealthful conditions or hazardous assigned tasks in writing to their
22
immediate
23
District Safety Committee if remedial action is not taken within a
24
reasonable time after a verbal referral has been made to the site
25
administrator.
26
as possible.
27
supervisor,
sending
a
copy
to
the
Association
and
An appropriate investigation shall take place as soon
Any unsafe or unhealthful condition or any hazardous
23
the
1
2
assignment shall be corrected.
C.
Whenever any unit member is attacked, assaulted, or menaced, it shall
3
be the duty of such unit member, and the duty of any person under whose
4
direction or supervision such unit member is employed who has knowledge
5
of such incident, to promptly report the incident to the appropriate
6
law enforcement authorities.
7
Section 7 - Interference With School Classes or Activities.
8
A.
Both
Parties
agree
to
actively
seek
enforcement
of
Education
Code
9
Sections 44810 and 44811, which prohibit the willful interference with
10
the discipline and good order of any school class or activity by a
11
minor
12
classwork or extracurricular activities by a parent, guardian or other
13
person.
14
activities associated with enforcing this provision.
15
B.
over
age
sixteen
(16)
or
an
adult,
and
the
disruption
of
Appropriate release time shall be provided, if needed, for
At school events where large numbers of non-students are expected and
16
risk of confrontation exists, security personnel will be scheduled for
17
the
18
members.
19
appropriate,
20
assistance if necessary.
21
accountable
22
directions.
23
C.
purpose
of
Unit
assisting,
members
direct
for
supporting
are
expected
attendees
failure
and
and
to
protecting
observe,
summon
on-duty
evaluate,
security
unit
and,
personnel
if
for
The unit member shall not be held liable or
of
directed
attendees
to
comply
with
A unit member may use Personal Necessity Leave to seek a restraining
24
order against a parent, community member, or student who has willfully
25
and maliciously disrupted school activities or threatened to inflict an
26
unlawful injury on the unit member.
27
24
The unit member shall inform
1
his/her site administrator that a restraining order will be sought.
2
the restraining order is obtained, the unit member’s absence shall be
3
considered official school business and there shall be no deduction of
4
sick leave or salary.
5
to the site administrator and personnel office.
6
restraining order shall be reimbursed by the District.
A copy of the restraining order must be provided
7
Section 8 - District Safety Committee.
8
A.
9
If
Fees for a granted
The District shall establish a District Safety Inspection Committee of
which the Association President shall appoint one-third (1/3) of the
10
membership.
11
time from non-instructional duties to recommend and monitor District
12
guidelines
13
preclude
14
during instructional time.
15
unit member to work on a day not part of that unit member's work year,
16
the unit member shall be compensated at the certificated hourly rate.
17
Any guidelines recommended by this committee shall be consistent with
18
federal, state and local laws as well as the terms and conditions of
19
this Agreement.
20
B.
Committee members shall be granted reasonable released
and
the
plans
for
District
employee
from
safety.
scheduling
This
and
does
assigning
not,
however,
released
time
If, for any reason, the District requests a
The District Safe Schools Committee shall develop district guidelines
21
for responding to potentially dangerous situations at the work site(s).
22
These guidelines shall be reviewed annually and revised as necessary.
23
Guidelines
24
principal, and shall be used as the framework for developing a school
25
plan for responding to potentially dangerous situations.
26
1.
27
shall
be
distributed
to
each
staff
through
the
school
Such guidelines shall be uniform for work sites throughout the
25
1
district as much as is practical, including but not limited to
2
the following:
3
a.
Common signals and code words;
4
b.
Common responses to signals and code words;
5
c.
A
clear
concise
procedure
6
potentially
7
that required such notification.
8
2.
All
9
unit
dangerous
for
members
participate
in
at
the
situations
each
site
shall
development
of
notifying
and
have
a
log
an
additional
staff
of
of
incidents
opportunity
to
site-specific
10
aspects of these guidelines (including procedures for visitors on
11
campus) so that, under the direction of the principal, each site
12
has
13
dangerous situations.
14
a necessary minimum and consistent with District policy.
15
3.
a
clear
and
concise
plan
for
responding
to
potentially
Such additional elements shall be kept to
Copies of site plans shall be forwarded by the principal to the
16
District Safe Schools Committee and the Association on a regular
17
basis.
18
principal
19
Association at the end of the month.
20
receive a current copy of the site plan for his/her work site(s).
Tuberculosis
the
District
Section
22
required every four (4) years.
23
examinations every two (2) years.
24
District.
25
from among medically acceptable tests.
27
-
to
21
26
9
Copies of the incident logs shall be forwarded by the
Exam.
Safe
Examinations
Schools
for
Committee
and
the
Each unit member shall
tuberculosis
shall
be
However, unit members may choose to have
Examinations shall be paid for by the
The type of examination shall be determined by the unit member
Section 10 - Hand Held Radios.
The District shall provide “Hand Held Radios”
26
1
or their equivalent to each middle school and comprehensive high school for
2
use by unit members assigned to the physical education departments.
3
Held
4
communications between the site administration office and the unit member.
5
//
6
//
Radios
shall
be
used
only
in
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
27
emergency
situations
for
The Hand
two-way
1
ARTICLE VII
2
HOURS OF DUTY
3
Section 1 - Regular Work Day.
4
A.
The regular work day for classroom teachers and nurses is seven (7)
5
hours and fifteen (15) minutes including lunch.
6
the regular work day for classroom teachers, special education teacher
7
and nurses is seven (7) hours and thirty (30) minutes including lunch.
8
The fifteen (15) minute increase to the regular work day will be used
9
to provide unit members preparation time, to be used at each unit
10
member’s discretion at the school site. Other unit members shall work
11
an 8-hour day including lunch.
12
B.
The
regular
work
day
shall
include
the
Effective July 1, 2014
following:
instructional
13
activities; preparation and conferencing activities; campus and student
14
supervision
15
guidance
16
student assessment and diagnostic activities; school and student record
17
maintenance; curriculum development activities; instructional materials
18
development; district committee assignments; and other duties clearly
19
required of the profession.
20
C.
outside
assistance
the
to
classroom;
students;
parent
conferences;
professional
tutorial
development
and
meetings;
The regular work day shall be a consecutive period of time including
21
lunch, unless a unit member otherwise initiates a request which is
22
approved by the supervising administrator.
23
D.
Each unit member shall be entitled to one (1) duty-free lunch period of
24
no less than thirty (30) minutes each day exclusive of passing periods
25
prior to and at the conclusion of the lunch period.
26
27
E.
No unit member will be regularly assigned to teach more than 300
28
1
minutes per day, exclusive of student supervision and other adjunct
2
duties.
3
teaching more than 300 minutes upon receiving written approval from the
4
Deputy Superintendent Personnel Services.
5
F.
However, this does not prohibit a unit member from voluntarily
The instructional day for teachers of kindergarten classes, including
6
any supervision of kindergarten students and instructional assistance
7
in
8
Kindergarten
9
kindergarten students.
10
11
G.
other
primary
teachers
shall
shall
not
not
exceed
be
300
required
minutes
to
per
day.
supervise
non-
Secondary Assignments.
1.
No regular classroom teacher at the secondary level (grades 7-12)
12
will
13
instructional
14
periods.
15
classes,
2.
be
required
to
periods
teach
per
more
day,
than
excluding
five
(5)
regular
advisory
or
homeroom
If a regular classroom teacher willingly accepts an assignment to
16
teach a sixth instructional period, he/she shall be compensated
17
at one-sixth of his/her per diem for each period or hour of
18
service.
19
spent in preparation for this extra period of teaching.
20
compensation shall be considered extra compensation and part of
21
the unit member’s base salary if allowable by STRS.
22
a.
There
Prior
to
shall
the
no
additional
establishment
any
teaching
25
and
26
willing to accept the additional teaching assignment.
29
unit
members
at
the
meet
This
appointee of the Association to explain the circumstance
of
shall
time
24
names
administrator(s)
additional
for
minutes,
provide
site
of
compensation
23
27
the
be
site
with
who
an
are
1
Prior to compiling such a list, the site administrator(s)
2
shall notify each unit member at the site in writing of the
3
intent to create the extra teaching assignment(s) and
4
request
5
assignment.
6
b.
The
names
of
those
willing
and
able
of
unit
members
for
a
selection
to
sixth
accept
period
7
instruction shall be made using the following priorities:
8
1.
Period availability;
9
2.
Possession
10
of
a
current
credential
for
the
of
the
assignment;
11
3.
12
Not having taught a sixth instructional period within
the past three (3) years.
13
In the event that multiple applicants are determined to be
14
equally qualified for the assignment, the position shall be
15
assigned by lot administered by Association and District
16
representatives.
17
c.
An appointee of the Association and the site administrator
18
shall meet to determine the qualifications of applicants
19
and to administer the lottery process, if necessary.
20
H.
Variations may occur in the starting and ending times of the work day
21
of various unit members as a result of differences among class, school
22
and
23
supervising administrator at each work location.
office
schedules.
These
24
25
26
27
30
times
shall
be
established
by
the
1
I.
Non-kindergarten
double
session
instructional
assignments
will
not
2
exceed the number of minutes that are or would have been assigned to
3
unit members in the same assignment on regular sessions at that school
4
and grade level.
5
J.
Regular duty hours which are in addition to actual teaching hours are
6
generally reserved for instructional preparation and conferences and
7
shall not be used to excess by assignment of other duties.
8
K.
9
Supervision.
1.
Full-time
elementary
unit
members,
excluding
kindergarten
10
teachers but including K/1 combination class teachers, shall not
11
be required to perform any supervision duties prior to afternoon
12
recess, except during inclement weather.
13
2.
Kindergarten
teachers
shall
instructional day, except during inclement weather.
school
teachers
shall
instructional day, except during inclement weather.
members
at
a
student
21
session of a double session work day.
M.
during
high
20
22
supervision
continuation
the
to
18
Unit
to
required
supervision
L.
prior
be
school
non-instructional
perform
commencement
17
19
assignments
not
the
to
15
Middle
to
required
supervision
3.
prior
be
14
16
assignments
not
perform
commencement
shall
time
only
of
be
during
of
any
the
any
the
assigned
one
(1)
Unit members who supervise administratively assigned student detentions
23
before or after the instructional day shall be compensated at the basic
24
certificated hourly rate.
25
26
27
N.
No duties or uncompensated supervision shall be assigned on days not
specified as workdays except as such duty on a non-work day is part of
31
1
2
an extra compensation assignment.
O.
3
Staff Meetings.
1.
4
Staff
meetings
shall
be
scheduled
on
an
as-needed
basis
by
administration.
5
2.
Required attendance at staff, department or grade level meetings
6
held during the regular work day of an instructional day shall be
7
limited to no more than an average of two (2) per month.
8
a.
At
9
the
elementary
and
middle
school
levels
no
required
meetings may extend beyond the regular work day.
10
b.
At the high school level, these meetings may extend beyond
11
the regular work day.
12
(1) hour.
13
3.
The
Association
and
the
Such extensions shall not exceed one
District
recognize
that
additional
14
required staff meetings may be necessary to complete mandated
15
state
16
process.
17
a.
or
federal
reviews
at
schools
involved
in
the
review
At the comprehensive and continuation high schools, no more
18
than eighteen (18) additional meetings which do not exceed
19
one (1) hour each may be held during the review and during
20
the fifteen (15) preceding school months.
21
b.
At all other schools, during the review year and the three
22
(3) preceding school months, no more than thirteen (13)
23
additional staff meetings may be held for such purposes.
24
P.
No unit member shall be required to substitute without extra
25
compensation.
26
hourly rate.
27
Substitution assigned will be at the basic certificated
In cases of emergency, period and/or partial day
32
1
substitution shall be kept at a minimum and distributed equitably among
2
available unit members, with volunteers given first consideration.
3
unit member shall not be required to substitute at a school site or
4
location that is not part of his/her regular assignment, except under
5
exigent
6
district
7
assigned by management from available volunteers.
8
unavailable, assignments will be made by management on a rotational
9
basis.
circumstances.
events,
Nurses,
In
period
case
and/or
Psychologists
of
regularly
partial
and
day
Speech
scheduled
school
or
shall
be
substitution
and
A
If volunteers are
Language
Pathologists
10
shall be excluded from such assignments.
11
system at each site for the compensation of substitution which shall
12
include time cards signed by the administrator and unit member.
13
site shall maintain an up-to-date log of such substitutions.
14
Q.
There shall be a uniform
Each
Any unit member(s) who agrees to be designated by a site administrator
15
as a translator shall receive a yearly stipend of $200 for foreign
16
language
17
regular work day.
18
service, including sign language, performed outside of the regular work
19
day shall be compensated at the basic certificated hourly rate.
translation
services
provided
for
the
District
during
the
Administratively requested or authorized translation
20
Section 2 - Temporary Exceptions.
21
A.
Unit members shall be excused temporarily from regular duty hours or be
22
allowed to vary arrival and leaving times temporarily when reasonable
23
cause is shown.
24
supervising administrator.
25
performance
26
education and other service programs at that school or location.
27
of
Written arrangements shall be made in advance with the
basic
Such changes must not interfere with the
duties
necessary
33
for
the
operation
of
the
1
B.
On a day that a unit member discharges a supervision assignment or
2
other adjunct duty outside his/her regular work day, the unit member
3
may substitute the time used for a portion of the regular work day.
4
However,
5
students.
6
C.
such
substitution
must
not
interfere
with
instruction
of
On any day that the outside shade temperature at the worksite exceeds
7
102˚F or the indoor worksite temperature exceeds 90˚F, unit members who
8
regularly meet with pupils for instruction and whose worksites are not
9
air conditioned shall not be required to work beyond the time actually
10
spent meeting with students.
11
not air conditioned shall not be required to work beyond the time the
12
first full-day class at the location, exclusive of double sessions, is
13
dismissed.
14
D.
Other unit members whose work sites are
At elementary school sites, a unit member who is assigned additional,
15
unscheduled student supervision because of inclement weather shall be
16
entitled to compensatory time off at the earliest available time.
17
compensatory time shall be arranged with the principal and shall not
18
interfere with the instruction of students or other regularly scheduled
19
duties or responsibilities.
20
implemented due to inclement weather, principals shall provide each
21
unit member with adequate time to take care of personal needs.
22
E.
Such
When the normal recess schedule is not
Early dismissal times for students shall be established on days of
23
adverse weather conditions such as extreme heat as determined by the
24
Superintendent.
25
26
27
F.
Kindergarten teachers who have been assigned to team teach in another
classroom shall not be assigned to substitute for another unit member
34
1
2
during that time, except in emergencies.
G.
Ninety (90) minutes of on-campus teacher planning/collaboration time
3
shall be designated each week at each elementary school in the form of
4
one minimum day per week.
5
will be designated for teacher preparation time. Unit members at each
6
elementary school, in consultation with the site administrator, shall
7
develop a proposed plan that provides for 90 minutes of
8
planning/collaboration time one day per week.
9
include daily bell schedules which assure that every student continues
The first minimum day of each school year
The proposed plan must
10
to receive sufficient instructional minutes to qualify the District for
11
state incentive money for longer day/longer year and shall not require
12
additional non-budgeted District expenditures for staffing, busing,
13
supplies, materials or equipment.
14
for kindergarten teachers for scheduled team collaboration and planning
15
time.
16
scheduled team collaboration and planning time during the regular
17
school day to focus on high- quality instruction and student work, and
18
student learning goals, with the goal of improving student achievement.
19
A majority vote of the entire teaching staff is required to designate a
20
plan that averages Forty (40) minutes per minimum day for individual
21
teacher planning/preparation time and an average of fifty (50) minutes
22
per minimum day for meetings, team collaboration and/or staff
23
development as determined by the site administrator and leadership
24
team.
25
minimum days during shortened weeks.
26
District may modify the plan, cancel a minimum day, and/or discontinue
27
The plan would include a provision
The purpose of the minimum day is to provide teachers with
When developing the minimum day plan, it is permissible to skip
35
The parties agree that the
1
the minimum day at one or more sites upon mutual agreement by both
2
parties.
3
alignment with district/state/federal mandates at which time
4
continuation of the article must be agreed upon by both parties.
5
H.
This section shall be reviewed after two (2) years to assure
A minimum day schedule shall be established for the Friday prior to the
6
day that report cards are sent home, for each trimester of the school
7
year for each elementary school.
8
school
9
elementary school.
year
shall
also
be
In addition, the last day of the
designated
as
a
minimum
day
for
each
Recommendations from each staff for a workable and
10
appropriate schedule for each of the four
11
submitted if sufficient time for consideration is given.
12
receives
13
consideration the availability of these services.
14
differently
15
efforts shall be made to have instruction end at its regular time so
16
that non-instructional time will be available in the morning.
17
members assigned at each site shall complete their regularly assigned
18
day.
19
shall not be required to assist with the adjoining session's classes.
20
It
21
classes on these days.
22
teachers shall be used as teacher determined on-campus preparation time
23
which
24
During the first trimester of the school year, the minimum day shall be
25
scheduled
26
days.
27
may
busing
or
services
the
the
(4) minimum days may be
recommendation
recommendation
is
not
If the school
must
take
into
Unless recommended
workable
or
appropriate,
Unit
Kindergarten teachers shall meet with their assigned class but
be
may
necessary
include
prior
to
to
combine
and
afternoon
kindergarten
Time normally used for instruction by classroom
parent
the
morning
two
conferences
(2)
and
scheduled
report
parent
card
teacher
completion.
conference
It is agreed that instructional minutes may be increased on
36
1
other instructional days to allow the District to continue to receive
2
state incentive money for a longer day/longer year.
3
the addition of up to two (2) minutes of instruction on average for
4
each of the remaining days.
5
schedule during the duration of this Agreement, all references to a
6
limitation of 300 minutes of teaching time shall be increased to 302
7
minutes
8
necessary, to schedule the minimum days.
9
as
it
applies
Section 3 - Adjunct Duties.
This will require
Therefore, to implement the minimum day
to
K-6
elementary
teachers
at
sites,
if
The hours of duty in this Article are considered
10
minimums and additional hours of service may be occasionally assigned outside
11
the regular work day to complete certain duties.
Those duties are defined as
12
district
House,
13
supervision of student activities, promotion and graduation.
14
such adjunct duties shall be subject to the limitations listed below:
15
A.
An attempt shall be made to assign adjunct duties equitably.
16
B.
One (1) assigned adjunct duty per work year shall be considered as part
17
18
designated
Back-To-School
Night,
Open
parent
conferences,
Assignment of
of the Basic Work Year salary.
C.
Supervision assignments may include assisting with the conduct of the
19
activity such as timing of athletic events, score keeping or taking
20
tickets
21
selling items.
22
D.
but
not
such
activities
as
washing
cars,
serving
food,
or
Any assigned supervision in a parking area shall not include directing,
23
assisting,
24
whether they are inside or outside of a vehicle or on horseback.
25
to assigning such supervision, a site administrator shall attempt to
26
secure a volunteer(s) for the assignment.
27
confronting
or
in
37
any
manner
supervising
non-students,
All such supervision
Prior
1
2
assignments shall be kept to an absolute minimum.
E.
Elementary
and
Middle
School
unit
members
may
be
assigned
one
(1)
3
additional adjunct duty outside the regular work day which shall be
4
compensated.
5
the basic certificated hourly rate.
6
F.
Compensation shall be at a rate equal to two (2) hours at
Elementary unit members may be assigned only one (1) adjunct duty to
7
organize,
8
assignment may be in conjunction with a scheduled PTA-type meeting.
9
other involuntary attendance at PTA-type meetings outside the regular
10
11
present
or
participate
in
student
performances.
Such
No
work day will be required.
G.
Unit members assigned on a regular basis to more than one school site
12
shall not be required to perform any routine day-to-day supervision
13
duties or sponsor any student clubs or classes.
14
to
15
compensated duty per year.
16
paragraph “E” above.
17
H.
perform
one
(1)
uncompensated
adjunct
duty
They may be required
and
one
(1)
other
Compensation shall be the same as stated in
High School unit members may be assigned to sponsor or to assist with
18
the sponsorship of a club or class.
19
class meetings during the regular work day (exclusive of lunch) may be
20
required from time to time, such required attendance shall be kept to a
21
minimum and be consistent with the terms of paragraph “K” of Section 1
22
of this Article.
23
work day to satisfy this requirement shall be compensated at the same
24
rate as stated in paragraph “E” above.
25
and class sponsor assignments shall be attempted by site administration
26
by first soliciting requests from unit members at that site.
27
Although attendance at club or
Any required meetings assigned outside the regular
38
An equal distribution of club
In
1
addition to assisting with club or class sponsorships, High School unit
2
members may be assigned general supervision at student activities such
3
as dances, performances or athletic events outside the regular work
4
day.
5
the number needed to supervise the expected attendees.
6
such assignments, site administration shall solicit unit members from
7
that
8
supervisions
9
paragraph “E” above.
The number of unit members assigned per event shall be limited to
site
desiring
shall
such
be
assignment(s).
compensated
at
All
the
such
same
Prior to making
assigned
rate
as
general
stated
in
10
I.
Guidance Coordinators shall be excluded from these limitations.
11
J.
As part of the equitable assignment of adjunct duties, High School
12
Department
Heads
13
Graduation.
14
compensation
15
compensated.
may
be
assignment,
Section 4 - Parent Conferences.
17
A.
on
a
attendance
at
designated
outside
the
shall
conference
school's
not
day,
19
office shall be open with an administrator on duty.
20
shall be provided, if requested.
22
held
elementary
and
conference
B.
is
however,
18
21
Awards
Night
and
Such assignment(s) shall be considered part of their extra
16
If,
assigned
regular
be
an
additionally
approved
office
parent
hours,
the
A supervised area
Parent conferences on non-conference days should be held during regular
office hours, when practical.
23
Section 5 - After Hour Meetings.
24
attend a meeting and/or conference held before or after the regular work day
25
without an administrator's approval.
26
the site during such approved meeting and/or conference.
27
A unit member shall not be required to
39
An administrator shall be present at
1
Section 6 - Individualized Education Program Meetings
2
A.
Elementary
Resource
a
elementary
schedule
Speech
which
and
includes
Language
Pathologists
4
instruction and 20% student assessment, coordination of and attendance
5
at Individualized Education Program (IEP) and Student Study Team (SST)
6
meetings.
B.
maintain
and
3
7
shall
Specialists
80%
direct
Unit members who participate in Individualized Education Program (IEP)
8
meetings
9
compensated at the contractual hourly rate after 120 minutes per month.
10
C.
Special
which
extend
Education
beyond
teachers
their
will
be
regular
provided
work
up
to
day
one
shall
(1)
be
day
of
11
release time each month as needed to conduct Individualized Education
12
Program (IEP) meetings.
13
Section 7 - Full Inclusion
14
A.
15
Definitions.
1.
Special Day Class. A self-contained classroom where instructional
16
services
17
severely handicapped students who have been identified by an IEP
18
team to have more intensive needs than can be met in the regular
19
school program and/or the resource specialist program.
20
2.
are
Integration.
provided
Special
to
both
Day
severely
Class
handicapped
students
who
and
non-
participate
in
21
general education programs for at least some portion of the day
22
in what are typically non-academic activities which may include
23
but
24
Participation
25
prerequisites.
26
27
3.
are
not
Mainstreaming.
limited
is
to
art,
independent
physical
of
education,
specific
music,
abilities
etc.
or
Special Day Class students who are integrated but
40
1
who participate in general education programs for at least some
2
portion of the day in what are typically core academic classes
3
which may include but are not limited to reading, mathematics,
4
social science, etc.
5
of
6
mainstreamed
7
activities is not considered to be a “fully-included” student.
8
9
4.
specific
Participation is based on the prerequisite
strengths
student
Full Inclusion.
or
skills
in
a
student
taking
or
the
content
part
in
area.
A
integration
Severely handicapped students who are placed
full time into a regular education classroom for whom curricular,
10
behavioral
11
inclusion is that special education option determined by an IEP
12
team or specified in a plan established to meet the requirements
13
of Section 504 of the Rehabilitation Act of 1973 that places a
14
severely handicapped student in an age-appropriate regular
15
education classroom on a full-time basis.
16
is
17
adaptations are required which necessitate the collaboration of
18
regular
19
services which these students require will still be provided,
20
i.e.,
21
prerequisite for the student to be included in the regular
22
classroom
23
curricular
24
include
25
deaf/hard of hearing, orthopedically impaired, visually impaired
26
or having some other health impairment.
27
and/or
handicapped
and
such
special
hearing
and
to
physical
Braille
student
standards.
students
degree
education
aids,
the
a
adaptations
whose
is
41
be
machine,
not
needed.
Full
The included student
significant
teachers.
“Severely
sole
that
may
Special
etc.
expected
handicapping
education
There
to
handicapped
curricular
meet
the
students”
condition
is
is
no
same
do
not
being
1
B.
Full
Inclusion
Planning.
Identification
and
planning
for
full
2
inclusion students shall be done at each site by an appropriate IEP
3
team.
4
C.
Full
Inclusion
Funds.
thousand
site
dollars
shall
($1,000)
receive
to
an
6
planning and implementation of the full inclusion program as specified
7
by the IEP team.
Release Time.
one
inclusion
additional
D.
of
full
5
8
allocation
Each
support
Release time shall be allocated to unit members who are
9
teachers of identified full inclusion students to provide planning time
10
with the resource specialist or special day class teacher, and other
11
support personnel.
12
specified in Part C above.
13
E.
Release time shall be paid for with the funds
Specialized Training.
Unit members who provide direct service to a
14
full inclusion student(s) shall be provided with specialized training
15
necessary for successful implementation of the student’s IEP.
16
training may be provided by a nurse, if appropriate.
If training is
17
conducted
and
18
shall be compensated at the certificated hourly rate.
19
receive appropriate release time to plan training sessions.
20
time shall be paid for with the funds specified in Part 3 above.
21
F.
during
non-duty
Prior Notification.
unit
member(s)
trainer(s)
Trainers shall
Release
A unit member who will be assigned to provide
direct
23
notification
24
instructional planning with the appropriate special education staff.
26
27
G.
of
to
the
22
25
service
hours,
Such
the
a
full
inclusion
assignment
Specialized Physical Health Care.
and
student
be
should
offered
receive
released
time
for
Specialized Physical Health Care
procedures are specific health care needs identified in a medical
42
prior
1
protocol that may be performed on a daily basis to ensure the health
2
and well being of a student, including students who are fully included.
3
1.
Only unit members who are qualified or trained in accordance with
4
Education Code Section 49423.5 may assist students who require
5
specialized physical health care services.
6
2.
The District shall comply with all Education Code and Title V
7
provisions
8
health care in a safe, appropriate environment.
9
3.
so
unit
members
may
work
and
provide
specialized
As required by Government Code Section 825, the District shall
10
defend a unit member against any claim or action against him/her
11
for an injury arising out of an act or omission occurring within
12
the scope of his/her employment as an employee of the District
13
while implementing the provisions of this section.
14
//
15
16
17
18
19
20
21
22
23
24
25
26
27
43
1
ARTICLE VIII
2
CLASS SIZE
3
Section 1 - Initial Class Size.
4
A.
Class
size
for
each
school
of
the
District
shall
be
based
on
an
5
enrollment for the school as estimated by the Assistant Superintendent
6
of Business Services.
7
1.
The formulae for class size are as listed below:
Elementary (K-6)
8
Grades K - 3 Enrollment
9
Section 2B
10
Grades 4 - 6 Enrollment
11
2.
Enrollment
13
3.
32
High School (9-12)
14
Enrollment
B.
32
Middle School (7-8)
12
15
Refer to Legal Requirements in
32
The number of teachers at each school for each grade level shall be
16
computed in 100ths.
17
school is rounded to the next higher whole number.
18
number of high school teachers shall be proportionately increased to
19
provide for students enrolled in six instructional periods.
20
formulae shall be considered as minimums and shall not preclude the
21
District from staffing at a higher level.
22
C.
When totaled, the number of teachers for each
If necessary, the
The above
The term "teacher" as used in this Article means regular classroom
23
teacher
24
nurses, resource specialists, librarians, resource teachers, Speech and
25
Language
26
members who do not meet regularly with students for classroom
27
and
does
not
Pathologists,
include
special
44
management
education
personnel,
teachers,
psychologists,
or
other
unit
1
2
instruction.
D.
One (1) additional teacher or substitute teacher may be provided at
3
each comprehensive high school for the purpose of giving release time
4
on
5
writing is emphasized.
6
developed by the language arts department staff and approved by the
7
site administrator.
8
staffing or class size formulas in this Agreement.
9
an
equitable
basis
to
teachers
11
A.
day
where
of
instruction,
for more than five (5) consecutive days.
15
On
16
following class maximums at middle school and high schools shall not be
17
exceeded.
18
school and high schools shall not be exceeded for more than five (5)
19
consecutive
20
aide(s).
21
student ratio in open space buildings, driver education classes, team
22
teaching assignments, and large-group instruction situations.
23
1.
After
days.
that
fourth
date
Class
the
counts
complete
following
shall
After
week
class
exclude
instruction,
maximums
a
date
at
teacher's
the
the
middle
student
These limits will be interpreted as averages for teacher-
Elementary
24
(K-3)
32
(4-6)
34
25
2.
Middle School
(7-8)
35
26
3.
Comprehensive High School
(9-12)
36
27
of
that
at
14
the
exceeded.
maximums
following class maximums in elementary schools shall not be exceeded
of
be
class
13
day
not
following
elementary
first
shall
the
12
the
schools
classes
(unless changed as provided under Section 1
- Initial Class Size, subsection D).
20th
arts
This teacher shall not be counted in computing the
10
the
language
The specific duties of this teacher shall be
Section 2 - Class Size Maximums
On
of
45
1
4.
2
Home Economics, Industrial Arts,
and Photography
30
(or the number of
3
operable work stations,
4
whichever is lower)
5
5.
Video Production
30
6
6.
Typing, Keyboarding and Computer classes
36
(or the number of
7
operable work stations,
8
whichever is lower)
9
7.
ASB
36
10
instructor’s approval)
11
8.
Physical Education
12
9.
Performing groups such as, but not
48
13
limited to chorus, band, athletic
14
teams, drill teams, agriculture
(unlimited with
15
16
(or unlimited with
instructor’s approval
10.
Madrigals and High School Jazz Band
23
(or unlimited with
17
instructor's approval;
18
all students
19
meet course prerequisites)
20
11.
District designated academic tutorial
21
class, including but not limited to
22
mathematics and English
23
Continuation High School
23
23
12.
(or the number of
24
learning
25
whichever is
26
27
must
If a class should exceed its maximum allowable size after the
46
stations,
lower)
1
deadline(s) stated above, the teacher shall receive extra compensation
2
equal to one-sixth of his/her individual daily rate of pay until the
3
class size no longer exceeds the maximum.
4
B.
Legal Requirements.
5
1.
When applicable legal requirements impose class size limits, the
6
maximum class size shall be either the legal or the Agreement limit,
7
whichever is lower.
8
2.
9
requirements
It
is
expressly
of
intended
Education
that
Code
this
Section
Article
VIII
meet
all
the
42238.02,
in
order
for
the
10
District to receive the additional base grant adjustments.
11
individual class limits set forth in Section 2 A(1), shall also be the
12
limits
13
kindergarten and grades 1 to 3.
14
toward maintaining an average class enrollment of 24 students for each
15
school
16
Education Code Section 42238.02.
17
be included in computing average class size.
18
3. Should the District receive funds during the term of this Agreement
19
to implement any program specifically designated for the purpose of
20
reducing class size, the parties shall convene at the request of either
21
party to negotiate the method of implementation.
22
23
24
C.
on
average
site
Averages.
for
class
enrollment
kindergarten
for
each
As such the
school
site
for
The District intends to make progress
and
grades
1
to
3
consistent
with
Special Education classes shall not
The average class size at each school shall not exceed for
more than one (1) school month the following:
Grade K-3
Refer to Legal
25
Requirements in Section
26
2B above
27
47
1
Grade 4-6
32
2
Grade 7-12
33
3
Special Education classes shall not be included in computing average
4
class size.
5
D.
Staff Added.
When actual enrollments are known during the first four
6
(4) weeks of school, additional staff shall be assigned as needed, or
7
teachers shall be transferred from other schools in accordance with the
8
above averages and maximums.
9
10
E.
Special Students.
1.
For
every
four
students
assigned
into
a
for
a
full-time
regular
education
Special
12
classroom, an instructional aide will accompany and assist the
13
students at the request of the regular education teacher.
2.
class
eligible
11
14
Education
certified
In assigning students to teachers before class size maximums have
15
been reached, principals shall give consideration to lower class
16
sizes
17
Certified Eligible for the Resource Specialist Program.
18
consideration
19
required of the teacher assigned such students.
20
such
21
number of students counted for purposes of determining maximum
22
class size.
23
24
3.
for
teachers
students
who
shall
in
be
a
already
based
classroom
have
upon
shall
been
extra
assigned
effort
not,
students
which
Such
may
be
The presence of
however,
change
the
Special Day Class
a.
On the 20th day of instruction, whichever is earlier, the
25
Special
26
seventeen (17) students for elementary (K-6) and eighteen
27
Day
Class
(SDC)
48
maximum
class
sizes
shall
be
1
(18) students for secondary (7-12).
After that date, the
2
class size maximums shall not be exceeded for more than
3
five (5) consecutive days, with the following exceptions:
4
1).
On or after the 21st day, up to two (2) classes at
5
each site may be designated to exceed the maximum by
6
no more than three (3) students each.
7
2).
Any teacher of a designated class shall receive extra
8
compensation at one-sixth (1/6) of his/her per diem
9
beginning on the 21st day and every subsequent day
10
that the maximum is exceeded.
11
3).
The class size exception(s) shall not extend beyond
12
the first quarter or the 45th day of instruction,
13
whichever is earlier.
14
4).
However, the SDC teacher of the designated class and
15
the District may mutually agree to continue to exceed
16
the
17
beyond the 45th day.
18
b.
class
size
maximum
with
continued
compensation
No class may be initially designated to exceed the maximum
19
after the end of the first quarter or the 45th day of
20
instruction, whichever is earlier.
21
4.
If
special
students
are
mainstreamed,
principals
shall
make
22
reasonable efforts to assign them equitably among the appropriate
23
classes.
24
F.
Summer School/Extended Year.
Summer School/Extended Year Class sizes
25
shall conform to this Agreement from the end of the second week until
26
the end of the session.
27
49
1
G.
End of Year.
During the last forty-five (45) days of the school year,
2
where maximum class sizes at an elementary school have been reached
3
because of increasing enrollment, up to two (2) classes at such a
4
school may exceed the maximum by three (3) students in accordance with
5
the following procedure:
6
1.
All
classes
at
the
grade
level
concerned,
(except
bilingual
7
classes mandated by state and/or federal government) must be at
8
the maximum.
9
2.
The teachers at the grade level affected may mutually agree upon
10
how to assign the additional students, or the principal shall
11
determine student assignments through a random-selection process
12
in the event such mutual agreement cannot be reached.
13
3.
The
principal
at
school
18
19
maximum
teacher
assignments by the use of non-bargaining unit personnel.
17
stated
the
15
Enrollment Count.
the
relieve
class
H.
exceeds
shall
14
16
enrollment
such
from
whose
extra
duty
The District shall provide the Association President
with a weekly report of all class sizes by individual class and period.
Section 3 - Case Load.
A.
On the first day of the fourth complete week of instruction,
20
Guidance Coordinator case loads will be adjusted to ensure that
21
case loads will not exceed an average of 380 students each.
22
B.
The District shall not exceed individual or average case load
23
limitations
24
Speech and Language Pathologist is 55.)
25
26
27
C.
as
set
by
law.
(Resource
Specialist
is
28
and,
On or after the 45th day of instruction or at the end of the first
quarter, whichever is earlier, any RSP teacher whose case load
50
1
exceeds limitations set by law, shall receive extra compensation
2
at
3
maximum is exceeded.
4
D.
In
one-sixth
the
1/6
event
of
the
his/her
per
District
to
layoff
Association on the effects of such layoffs, if so requested.
8
E.
and
negotiate
the
counselors,
7
meet
or
that
will,
layoffs,
pathologists
day
6
such
language
each
psychologists,
to
and
decides
for
5
prior
speech
diem
nurses,
it
with
the
The District shall make all reasonable efforts to maintain an
9
equitable workload distribution among psychologists and nurses at
10
each level (elementary, middle school, or high school) to which
11
they are assigned.
12
Section 4 - Combined Coverage.
13
of
14
teaching his/her own students, he/she shall be compensated according to the
15
following formula:
16
hour, multiplied by the current certificated hourly rate and divided by the
17
number of teachers so assigned.
18
minutes.
19
mainstreamed into regular classrooms, team teaching assignments, or teacher
20
arranged disciplinary placements.
21
//
22
//
another
unit
member,
in
When a classroom teacher is assigned students
addition
and
at
the
same
time
he/she
is
Number of hours of service rounded to the nearest half-
A full day of service equals 300 teaching
This provision shall not apply to special education students being
23
24
25
26
27
to
51
1
ARTICLE IX
2
EVALUATION PROCEDURES
3
Section 1 - Evaluation Agreement.
4
A.
5
Purpose.
1.
The goal of the evaluation process is to identify, improve and
6
maintain
the
7
insure
8
District.
Within this context, evaluation is a cooperative and
9
continuous
process
an
quality
optimal
of
services
learning
aimed
at
of
all
unit
members
and
situation
for
all
students
of
improving
and
maintaining
to
the
quality
10
educational programs, while serving as an essential component in
11
each unit member’s professional development.
12
2.
The
procedures
in
this
Article
have
been
developed
to
assure
13
compliance with relevant Education Code requirements concerning
14
the
15
members.
16
assessment of unit member performance shall not include the use
17
of publishers’ norms established by standardized tests (Education
18
Code
19
Criterion
20
evaluation
21
Student
22
Evaluation Form.
23
24
B.
establishment
The
section
of
a
uniform
Parties
recognize
criterion
Tests
in
Learning/Student
shall
reference
Progress
of
that
Student
44662[e]).
Referenced
system
evaluation
the
of
unit
evaluation
and
performance
not
to
of
be
used
Standard
the
on
as
5
Teacher
–
District
the
sole
Assessing
Unit
Member
Guidelines and Procedures.
1.
By
October
15,
the
if
mutually
evaluatee
agreeable,
hold
a
November
formal
1,
evaluator
26
review the evaluation elements listed in this Article and, if
52
will
by
25
27
and
or
conference
the
to
1
appropriate,
2
agreement
3
Superintendent, Assistant Superintendent of Education Services or
4
designee(s)
5
Council
6
evaluatee,
7
disagreement.
8
may only be revised by written mutual agreement.
9
C.
to
to
make
any
and
who
modification
two
are
will
modifications
not
(2)
elected
staff
meet
agreed.
cannot
be
members
members
with
as
the
at
of
the
If
reached,
the
work
parties
mutual
to
the
Instructional
site
of
resolve
the
the
Thereafter, the established evaluation agreement
Teaching Unit Members.
The District shall evaluate and assess the
10
performance of teaching unit members as it reasonably relates to the
11
standards listed below.
12
1.
Engaging and Supporting All Students in Learning.
13
a.
Using knowledge of students to engage them in learning.
14
b.
Connecting
15
c.
17
students’
prior
knowledge,
Connecting
subject
matter
to
meaningful,
real-life
contexts.
18
d.
19
Using a variety of instructional strategies, resources, and
technologies to students’ diverse learning needs.
20
e.
21
Promoting
critical
thinking
through
inquiry,
problem
solving, and reflection.
22
f.
23
Monitoring student learning and adjusting instruction while
teaching.
2.
Creating
25
Learning.
26
a.
27
to
backgrounds, life experiences, and interests.
16
24
learning
and
Maintaining
Effective
Environments
for
Student
Promote social development and responsibility within a
53
1
caring community where each student is treated fairly.
2
b.
Creating
physical
or
virtual
learning
environments
that
3
promote student learning, reflect diversity, and encourage
4
constructive and productive interactions among students.
5
c.
6
Establishing and maintaining learning environments that are
physically, intellectually, and emotionally safe.
7
d.
8
Creating
a
rigorous
learning
environment
with
high
expectations and appropriate support for all students.
9
e.
10
Developing, communicating, and maintaining high standards
for individual and group behavior.
11
f.
Employing
classroom
routines,
procedures,
norms,
and
12
supports for positive behavior to ensure a climate in which
13
all students can learn.
14
15
16
g.
3.
Understanding and Organizing Subject Matter for Student Learning.
a.
17
18
b.
c.
Organizing curriculum to facilitate student understanding
of subject matter.
d.
23
24
Applying knowledge of student development and proficiencies
to ensure student understanding of subject matter.
21
22
Demonstrating knowledge of subject matter, academic content
standards, and curriculum frameworks.
19
20
Using instructional time to optimize learning.
Utilizing instructional strategies that are appropriate to
the subject matter.
e.
Using and adapting resources, technologies, and standards-
25
aligned
26
materials, to make subject matter accessible to all
27
instructional
54
materials,
including
adopted
1
students.
2
f.
3
4
Addressing the needs of English learners and students with
special needs to provide equitable access to the content.
4.
Planning Instruction and Designing Learning Experiences for All
5
Students.
6
a.
Using knowledge of students’ academic readiness, language
7
proficiency,
cultural
background,
8
development to plan instruction.
and
individual
9
b.
Establishing and articulating goals for student learning.
10
c.
Developing
11
d.
13
e.
15
Planning
instruction
Adapting
instructional
5.
a.
Applying
knowledge
b.
individually
22
learning.
d.
24
27
incorporates
appropriate
plans
and
curricular
materials
to
of
the
purposes,
characteristics,
and
Collecting and analyzing assessment date from a variety of
21
26
that
uses of different types of assessments.
sources
25
short-term
Assessing Student For Learning.
20
23
and
meet the assessed learning needs of all students.
18
19
long-term
strategies to meet the learning needs of all students.
14
17
sequencing
instructional plans to support student learning.
12
16
and
to
inform
and
instruction.
with
colleagues,
Reviewing
to
data,
monitor
both
student
Using assessment data to establish learning goals and to
plan, differentiate, and modify instruction.
e.
Involving all students in self-assessment, goals setting,
and monitoring progress.
55
1
f.
2
Using
available
technologies
to
assist
in
assessment,
analysis, and communication of student learning.
3
g.
4
Using
assessment
information
to
share
timely
and
comprehensible feedback with students and their families.
5
6.
6
Developing as a Professional Educator/Adjunct Duties.
a.
7
Reflecting
on
teaching
practice
in
support
of
student
learning.
8
b.
9
Establishing professional goals and engaging in continuous
and purposeful professional growth and development.
10
c.
11
Collaborating with colleagues and the broader professional
community to support teacher and student learning.
12
d.
Working with families to support student learning.
13
e.
Engaging local communities in support of the instructional
14
program.
15
f.
16
professional
responsibilities
to
maintain
motivation and commitment to all students.
17
g.
18
19
Managing
Demonstrating
professional
responsibility,
integrity
and
ethical conduct.
D.
Non-Teaching Unit Members.
20
The District shall evaluate and assess the performance of non-teaching
21
unit members as it reasonably relates to the elements listed below.
22
For
23
include,
but
24
Guidance
Coordinator,
25
Program
26
Special Assignment.
27
purposes
of
this
are
not
Specialist,
article
limited
non-teaching
to,
Librarian,
Psychologist,
56
Behavior
Mental
Resource
unit
member
Specialist,
Health
positions
Counselor,
Counselor,
Teacher
and
Nurse,
Teacher
on
1
1.
Adherence to Established Procedures Within the Scope of the Unit
2
Member’s Assignment.
3
a.
4
Implements
established
programs
and
provides
required
services.
5
b.
6
Maintains
required
records
in
an
accurate
and
timely
manner.
7
c.
Complies with adopted guidelines and school procedures.
8
d.
Supports
9
District
and
school
goals
and
objectives
applicable to the unit member’s assignment.
10
e.
11
Fulfills adjunct duties (as defined in Article VII, Hours
of Duty).
12
2.
Fulfillment Of Responsibilities and Duties to Students, Parents
13
and Staff.
14
a.
Is accessible to students, parents and staff.
15
b.
Communicates effectively with students, parents and staff.
16
c.
Works cooperatively with students, parents and staff.
17
d.
Uses discretion in handling confidential information.
18
3.
19
Demonstration of Knowledge and Skills of the Assignment.
a.
20
assignment.
21
22
23
24
Demonstrates and applies current knowledge related to the
b.
E.
Plans work throughout the year to meet required timelines.
Other Considerations:
1.
Conditions.
a.
A unit member’s evaluation may be affected by a number of
25
conditions and constraints including, but not limited to,
26
class size, caseload, abilities of learners, the
27
57
1
unsatisfactory performance of non-teaching employees, the
2
availability
3
environment,
4
travel and equipment provided.
5
b.
of
support
supplies,
personnel,
materials,
the
facilities,
or
7
described
8
evaluation agreement and/or the final evaluation.
2.
required
If, in the opinion of the evaluatee, the evaluation may be
6
9
learning
has
been
significantly
above,
note
of
impaired
this
by
shall
the
be
conditions
made
in
the
The criteria on which the District evaluates unit members shall
10
not prevent a unit member from using methods common in the field
11
of education and appropriate to the grade level and content being
12
taught.
13
3.
Any written complaint which may adversely affect a unit member’s
14
evaluation
15
appropriate administrator within a reasonable time.
16
unit member’s request, administration shall make every effort to
17
arrange a conference with the complainant, the administrator, the
18
unit member and any representative designated by the unit member.
19
Information
20
affect the evaluation.
21
22
F.
shall
from
be
reported
unidentified
to
the
complainants
unit
member
shall
not
by
the
Upon the
adversely
Exclusions.
1.
The unit member’s evaluation shall be based upon his/her basic
23
job assignment and shall not include an assessment of performance
24
of extra-compensation duties.
25
shall be limited to comments by Administration.
26
shall be specific and their sources identified.
27
58
Comments quoted by the evaluator
Such comments
1
2.
The
District
shall
not
adversely
evaluate
a
unit
member
for
2
statements or materials used in the classroom, provided that such
3
statements
4
representative manner relevant to the curriculum involved.
5
3.
and
materials
are
utilized
in
a
fair
and
The District shall not adversely evaluate a unit member based on
6
inadequate room environment caused by custodial or maintenance
7
deficiencies.
8
4.
9
No unit member except those required to do so as Instructional
Council members shall participate in the evaluation procedure of
10
other unit members.
No evaluatee will be required to assess
11
his/her own performance.
12
Section 2 - Observations and Observation Conferences.
13
A.
Probationary Unit Member Observations.
There shall be a minimum of two
14
(2) and a maximum of six (6) observations of at least thirty (30)
15
minutes duration.
16
(2)
17
transmitted
18
observation.
19
and must be declared and described in writing by the evaluator.
The
20
evaluatee must be notified if these extra observations are needed.
The
21
evaluatee
22
subsequent observation.
23
B.
work
days
At least one (1) observation shall be announced two
in
to
advance.
the
Completed
evaluatee
within
observation
five
(5)
forms
work
days
shall
of
be
the
Extraordinary circumstances may require more observations
will
receive
written
notification
Permanent Unit Member Observations.
in
advance
for
each
There shall be a minimum of one
24
(1) and a maximum of four (4) observations of at least thirty (30)
25
minutes duration.
26
to any negative comments or judgments being included in the evaluation.
27
At least two (2) observations shall take place prior
59
1
Completed
2
within
3
circumstances may require more observations and must be declared and
4
described in writing by the evaluator.
5
if these extra observations are needed.
6
written notification in advance for each subsequent observation.
7
C.
observation
five
(5)
forms
work
days
Non-Teaching Unit Members.
transmitted
the
to
the
observations.
evaluatee
Extraordinary
The evaluatee must be notified
The evaluatee will receive
By mutual written agreement between a non-
teaching
9
observations may be omitted from the evaluation process if the parties
10
develop a mutually acceptable plan which includes a mid-year conference
11
regarding the unit member’s performance as related to the elements.
12
The plan shall be attached to the evaluation agreement.
and
his/her
supervisor,
formal
scheduled
Observation Forms.
An observation form shall be given to the unit
14
member
work
15
explicitly
16
unsatisfactory.
17
D.
member
of
be
8
13
unit
shall
E.
within
five
describe
any
Additional Observations.
be
19
evaluator.
20
are needed.
21
for each subsequent observation.
declared
observation.
that
needs
The
form
improvement
shall
or
is
and
described
in
writing
by
the
The evaluatee must be notified if these extra observations
The evaluatee will receive written notification in advance
Post-Observation Conference.
of
the
receipt
A conference will be held within five (5)
23
work
24
mutually waived.
25
unsatisfactory must be explicitly described in writing and discussed in
26
a mandatory conference.
27
days
the
Extraordinary circumstances may require more
observations
F.
must
of
performance
18
22
and
days
of
the
completed
observation
form
unless
However, any performance that needs improvement or is
60
1
G.
Recommendations and Assistance.
Within a reasonable time after notice
2
to the unit member of any performance that needs improvement or is
3
unsatisfactory,
4
shall be offered for improving performance as appropriate.
5
H.
specific
Invalid Observations.
unit
member’s
written
recommendations
and/or
Excessive interruptions or distractions beyond
6
the
7
observation, and a substitute observation shall be scheduled.
control
and
8
Section 3 - Evaluations and Conferences.
9
A.
Frequency.
assistance
responsibility
shall
invalidate
the
Evaluation and assessment of the performance of each unit
10
member shall be made on a continuing basis, at least once each school
11
year for probationary unit members and at least every other year for
12
unit members with permanent status.
13
employed by the District for at least 10 years may be evaluated every
14
three to five years instead of every other year if (1) the employee
15
received
16
cycle; (2) the employee is deemed highly qualified under the No Child
17
Left Behind Act; and (3) the evaluator and the employee consent to the
18
three to five-year cycle.
19
employee shall immediately be returned to the evaluation cycle of every
20
other year.
21
shall immediately be returned to the yearly evaluation cycle.
22
B.
a
satisfactory
evaluation
Permanent employees who have been
during
the
previous
evaluation
By request of the evaluator or employee, the
Upon receipt of an unsatisfactory evaluation the employee
Recommendation.
The evaluation document shall include recommendations,
23
if necessary, of areas needing improvement in the performance of the
24
unit member.
25
duties in a satisfactory manner according to the standards prescribed
26
by the governing board, the District shall notify the unit member in
27
In the event a unit member is not performing his/her
61
1
writing of such fact and describe such unsatisfactory performance.
2
District shall thereafter confer with the unit member making specific
3
recommendations
4
performance and endeavor to assist the unit member in such performance.
5
When
6
evaluation, the District shall annually evaluate the unit member until
7
the unit member achieves a positive evaluation or is separated from the
8
District.
9
C.
any
as
to
permanent
areas
unit
of
member
improvement
has
in
received
Peer Assistance and Review (PAR) Referral.
the
an
unit
The
member’s
unsatisfactory
A classroom teacher with
10
permanent status whose most recent performance evaluation contains two
11
or more unsatisfactory ratings in the areas of teaching methods and
12
instruction (Standards 1,3, or 4) shall receive an overall rating as
13
unsatisfactory and shall participate in the District’s Peer Assistance
14
and Review Program.
15
D.
Deadlines.
The evaluation shall be given to the evaluatee in writing
16
not later than thirty (30) calendar days before the last school day for
17
the school year in which the evaluation takes place.
18
19
E.
Evaluation Conference.
1.
An evaluation conference shall be held between the evaluatee and
20
the evaluator to discuss the evaluation before the last school
21
day.
22
2.
A written request for an earlier conference may be submitted by
23
either party.
24
days of the receipt of the written evaluation by the unit member.
25
The early conference will then occur within ten (10) work days of
26
receipt of the written evaluation.
27
Such request must be made within five (5) work
62
The evaluator shall make
1
available a copy of the evaluation and each attached document to
2
the evaluatee either before or at the time of the evaluation
3
conference.
4
required on each evaluation report.
5
conference and receipt of a copy of the evaluation, but do not
6
necessarily
7
evaluation.
8
F.
9
Rebuttal.
The signatures of the evaluatee and evaluator are
signify
agreement
Such signatures confirm the
with
the
substance
of
the
The evaluatee has the right to submit a written rebuttal to
the evaluation at any time.
Such rebuttal shall become a permanent
10
attachment to the copy of the evaluation in the unit member’s personnel
11
file.
12
evaluation
13
accordingly.
14
inserted into the personnel file.
15
become a part of the personnel file, such evaluation shall be marked
16
“invalid”
17
comments were not accurate.
18
G.
If such rebuttal is filed within ten (10) work days of the
conference,
evaluation
may
be
modified
or
corrected
This process may alter the final evaluation before it is
if
Grievance.
the
subsequent
If a rebuttal to the evaluation has
investigation
shows
that
the
evaluator’s
If a grievance relating to the evaluation is filed in a
19
timely
20
personnel file until the grievance process is exhausted.
21
result
shall
be
22
modified accordingly and placed in the evaluatee’s personnel file.
If
23
no change in evaluation materials results, the original materials shall
24
be placed in the personnel file.
25
26
27
H.
manner,
from
Absences.
evaluation
the
In
materials
grievance
the
event
process,
that
during
shall
be
evaluation
the
withheld
materials
observation
or
from
If changes
evaluation
process the evaluator or evaluatee is absent, all dates not specified
63
the
1
by the Education Code indicated may be extended by the number of days
2
of the absence.
3
Section 4 - Assistance to Probationary Unit Members.
4
be established to explore and recommend ways to assist probationary unit
5
members.
6
by
7
Superintendent-Education Services.
8
//
9
//
the
The committee will consist of six (6) persons, three (3) appointed
Association
President
and
three
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
A joint committee will
64
(3)
appointed
by
the
Assistant
1
ARTICLE X
2
PERSONNEL FILES
3
Section
4
personnel file at the District's central office.
5
member's immediate supervisor(s) shall not contain any permanent material.
6
Section 2 - Insertion.
7
in a unit member's personnel file shall sign the material and signify the
8
date on which such material was drafted and placed in the file.
9
Section 3 - Access.
10
A.
1
-
Location.
Materials
in
The
District
shall
maintain
the
unit
member's
Any file kept by the unit
The person or persons who draft and/or place material
personnel
files
of
unit
members
which
may
affect
the
11
status of their employment are to be made available for inspection by
12
the person involved.
13
1.
Every unit member shall have the right to inspect such materials
14
upon request, provided that the request is made at a time when
15
such a person is not actually required to render services to the
16
District.
17
2.
Upon written authorization by the unit member, a representative
18
of the Association shall be permitted to examine and/or obtain
19
copies of materials in such unit member's personnel file.
20
B.
The District shall keep a log indicating all persons who have requested
21
to examine a personnel file as well as the dates such requests were
22
made.
23
1.
Access to personnel files shall be limited to the involved unit
24
member, to those persons so authorized by the unit member in
25
writing and to those administrators and Personnel Office staff so
26
authorized by the Superintendent.
27
65
1
2.
Members of the Board of Education may request the review of a
2
unit member's file at a closed session of the entire Board.
3
unit member shall be notified in writing when such a review has
4
occurred.
5
address the Board in a closed session regarding the review.
6
C.
The
unit
member
shall
be
given
an
opportunity
The
to
The contents of all personnel files shall be kept in the strictest
7
confidence.
8
Section 4 - Exclusions.
9
records which (a) were obtained prior to employment of the person involved,
10
(b) were prepared by identifiable examination committee members, or (c) were
11
obtained in connection with a promotional examination.
12
Section 5 - Derogatory Information.
13
except material mentioned in Section 4 of this Article, shall not be entered
14
or filed unless and until the unit member is given notice and an opportunity
15
to review and comment thereon.
16
and have attached to any such derogatory statement his/her own comments.
17
Such review shall take place during normal business hours and the unit member
18
shall be released from duty for this purpose without salary reduction.
19
Section
20
complaints or records generated therefrom is filed within ten (10) days of
21
notification, such materials will be withheld from the personnel file until
22
the grievance process is exhausted.
23
the grievance process, such materials will be modified accordingly and placed
24
in the personnel file or eliminated.
25
materials will be placed in the personnel file.
26
been entered in the personnel file and which both the Assistant
27
6
-
Written
Such material is not to include ratings, reports, or
Information of a derogatory nature,
A unit member shall have the right to enter
Complaints.
If
a
grievance
relating
to
written
If, for any reason, changes result from
66
If no change results, the original
Written complaints that have
1
Superintendent,
2
inaccurate information shall be modified, sealed or eliminated appropriately
3
by the District.
4
Section
5
accordance with the District Complaint Procedure(s) developed in consultation
6
with the Association.
7
//
8
//
7
–
Personnel
Verbal
Services
Complaints.
and
Verbal
unit
complaints
member
shall
agree
be
contain
handled
Copies of such procedure(s) shall be posted annually.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
the
67
in
1
ARTICLE XI
2
ABSENCES AND LEAVES
3
Section 1 - General Leave Provisions.
The benefits which are expressly
4
provided
benefits
5
Agreement.
6
incorporated, either directly or by implication, into this Agreement, nor are
7
such other benefits subject to the grievance procedure.
8
used for purposes of strikes, walkouts, work stoppages, slowdowns, or other
9
conditions related to employee dissatisfaction.
by
this
Article
Other
are
the
statutory
10
administered consistently.
11
A.
Length of Leave.
sole
or
regulatory
which
leave
are
part
benefits
of
this
are
not
Leaves may not be
Leave provisions shall be
Leaves-of-absence granted by the District shall not
12
exceed one (1) year in length unless the Board determines that there
13
are extenuating circumstances which justify an extension.
14
B.
Salary Credit and Computation.
Time spent on unpaid leave-of-absence
15
shall not be credited when computing the unit member's placement on the
16
salary schedule except as granted in specific cases by the Board or as
17
required by law.
18
19
C.
Unauthorized Absence from Duty.
1.
Any unit member absent from his/her assignment for any reason
20
other than those specifically authorized by law, the California
21
Education
Code,
22
considered
absent
23
shall lose his/her full salary for the period of unauthorized
24
absence.
25
26
27
2.
Improper
use
of
Board
Policy,
without
any
or
this
permission
leave
may
or
be
Agreement,
authorized
cause
for
will
be
leave,
and
appropriate
disciplinary action and may result in recovery of payment.
68
1
3.
An extended absence from duty which does not qualify under any
2
authorized
3
employment.
4
4.
policy
may
be
considered
abandonment
of
More than five (5) consecutive workdays of unauthorized absence
5
6
leave
from duty shall be considered an extended absence.
D.
Reinstatement After Leave.
7
absence
8
understanding
9
completion of the leave, he/she is not guaranteed placement at the same
10
location or in the identical assignment previously held but will be
11
placed
12
assignment.
13
E.
of
in
five
(5)
A unit member who receives a leave of
that
the
when
same
calendar
months
or
more
he/she
returns
to
active
assignment,
Authorized Leave Verification.
if
available,
does
or
so
with
assignment
in
a
at
the
the
comparable
Prior to approval of any leave, the
14
District may require a unit member to furnish a doctor's certificate,
15
affidavit, or other documentation on forms prescribed by the District
16
as
17
Verification may be required for leaves when the District has good and
18
sufficient reasons to question the validity of any request for approved
19
leave.
20
by the unit member for the purpose of such verification shall be made
21
by the District.
22
Office.
verification
of
illness
or
other
reason
for
authorized
leave.
Reimbursement for any reasonable and necessary expense incurred
All such verification shall be made in the Personnel
23
Section 2 - Association Leave.
24
A.
A maximum of forty-five (45) days of District paid released time in
25
whole-day units shall be allowed the Association during the fiscal year
26
for attendance at conferences or for the discharge of other
27
69
1
organization duties.
2
requested
3
Personnel Services.
4
the
5
Billing by the District shall occur no later than sixty (60) days after
6
the end of the fiscal year.
7
provided separately and is not included in this sub-section.
8
9
B.
and
Up to thirty (30) additional days of leave may be
arranged
substitute
in
advance
with
the
Deputy
Superintendent
The Association shall reimburse the District at
teacher
daily
rate
for
each
additional
day
used.
Leave for the Association President is
Association President
1.
The Association President shall be released from his/her regular
10
duties in the District and classified as a Teacher on Special
11
Assignment.
12
and benefits he/she would have received on regular duty without
13
loss of seniority or other rights and benefits.
14
2.
As
part
The District shall pay the President the same salary
of
the
be
required
time
thirty-six (36) days of services of mutual interest and benefits
17
to the Parties as jointly determined by the President and the
18
Deputy
19
include conducting information meetings concerning professional
20
growth,
21
attempting
22
employees,
23
representing the District and Association at appropriate out-of-
24
district functions, gathering data for use of both Parties in the
25
negotiation
26
district employees on agreed-to-topics, contributing to the
to
Personnel
ways
resolve
assisting
process,
to
Services.
assist
reported
with
the
developing
70
District
to
Association
16
developing
the
the
President
Superintendent,
by
assignment,
15
27
may
released
Such
non-permanent
conflicts
recruitment
and
provide
of
of
presenting
up
services
unit
to
may
members,
certificated
new
teachers,
inservices
to
1
District’s
2
representation
3
Committee, the Restructuring Contract Administration Committee,
4
and the Catastrophic Leave Committee.
5
it is to the advantage of the District, the Association, and the
6
community for the President to take an active role to make a
7
positive work environment for employees and a positive learning
8
environment for students.
9
C.
employee
on
newsletter,
committees
as
such
as
well
the
as
providing
District
Safety
The Parties recognize that
A total of five (5) days of released time per year will be provided to
10
the Association, if needed, for use by the elected delegate(s) to the
11
CTA
12
Association will pay the District the current substitute teacher's rate
13
for any time used under this provision.
14
D.
State
Council
Notification
to
the
the
Personnel
15
submitted,
16
Association President.
17
of the person(s) to be absent.
18
E.
in
and/or
writing,
at
NEA
Representative
Office
least
two
of
(2)
released
days
in
Assembly.
time
The
shall
advance
be
by
the
The notice shall include the date and name(s)
At the end of the instructional day the four (4) principal officers of
19
the Association and the designated negotiations chairperson or his/her
20
designee shall be released on an as-needed basis to perform Association
21
business,
22
professional
23
notified the day prior to release with written confirmation to follow,
24
if requested.
provided
that
duties.
25
Section 3 - Bereavement Leave.
26
A.
27
The
such
unit
release
member's
does
site
not
interfere
supervisor
with
shall
be
A leave of absence without loss of pay shall be authorized for five (5)
71
1
days because of a death in the immediate family of a unit member or a
2
relative for whom a unit member is the closest surviving relative, with
3
an additional two (2) days when 250 miles of travel, one-way, from
4
Riverside is required.
5
are defined as mother, mother-in-law, stepmother, father, father-in-
6
law,
7
stepson, son-in-law, daughter, stepdaughter, daughter-in-law, brother,
8
sister,
9
grandmother, grandfather, or grandchild of the unit member.
stepfather,
Members of the unit member's immediate family
husband,
brother-in-law,
wife,
registered
sister-in-law,
aunt,
domestic
uncle,
partner,
niece,
son,
nephew,
Any person
10
living in the immediate household of the unit member is also included.
11
The miscarriage of one’s child shall also qualify a unit member for
12
this leave.
13
B.
14
15
The unit member shall also be responsible for notifying the Personnel
Office or Principal preceding Bereavement Leave whenever possible.
C.
16
After Bereavement Leave has been used, days of Personal Necessity Leave
may also be used for purposes of bereavement.
17
Section 4 - Catastrophic Leave.
18
Leave Bank for eligible employees.
19
A.
Membership
in
the
The District shall maintain a Catastrophic
Catastrophic
Leave
Bank.
Any
unit
member
or
20
certificated manager who has been employed by the District for at least
21
eleven
22
Catastrophic Leave Bank.
23
B.
(11)
calendar
months
is
eligible
for
membership
in
the
Membership begins when sick leave is donated.
Donations of Sick Leave to the Bank.
Eligible certificated employees
24
may donate accumulated and unused sick leave (as opposed to “advanced”)
25
to the Catastrophic Leave Bank.
26
the following limitations and conditions:
27
Donations of sick leave are subject to
72
1
1.
An
“open
enrollment
period”
shall
be
offered
each
year
to
2
encourage donation by eligible employees.
3
eligible for the Bank after the “open enrollment period” he/she
4
may
5
Initial donation shall be made in whole-day increments with a
6
maximum of three (3) days.
7
2.
donate
within
thirty
(30)
days
If an employee becomes
of
gaining
eligibility.
Each eligible unit member must donate one (1) sick day within a
8
ten (10) year period to remain in the bank, the first ten (10)
9
year period being 2010/2011 school year, 2019/2020 school year
10
and each subsequent ten (10) year period thereafter.
11
member does not donate one (1) day within the ten (10) year
12
period, the unit member will be removed from the bank until a day
13
is donated.
14
year will be counted toward the first ten year period.
15
3.
Any unit member who donated in the 2009/2010 school
The donation shall be filed with the District payroll department
16
on a “Certificated Sick Leave Donation Form”.
17
irrevocable.
18
4.
If a unit
All donations are
The sick leave donor may not donate sick leave that would cause
19
his/her personal earned sick leave balance to fall below ten (10)
20
days.
21
5.
The
payroll
department
maintains
a
permanent
list
of
all
22
employees who have donated to the Bank.
23
permanent list shall be sent to the Association by November 1st,
24
each year.
25
26
27
6.
An updated copy of the
The payroll department shall give written acknowledgment to each
donor at the time his/her donation is received.
73
1
7.
If the number of days remaining in the Bank falls below three
2
hundred (300), an additional donation shall be requested (but not
3
required) of current members of the Bank.
4
arise,
5
request
6
donations beyond the initial donation may be made in whole-day
7
increments with a maximum of three (3) days per year.
8
C.
9
the
District
shall
be
shall
made.
notify
In
Eligibility for Catastrophic Leave
this
the
Should such condition
Association
event,
and
subsequent
a
joint
individual
A certificated employee who suffers
from a catastrophic injury or illness that is expected to incapacitate
10
him or her for an extended period of more than ten
(10) days, or who
11
is required to take time off from work to provide care for an immediate
12
family member who suffers from a catastrophic injury or illness, shall
13
be eligible to receive Catastrophic Leave (donated sick leave) subject
14
to the following restrictions and conditions:
15
1.
The employee requesting donated sick leave must have exhausted
16
all
17
differential
18
shall occur, if Catastrophic Leave is granted to provide care for
19
an immediate family member.
20
21
22
2.
D.
of
his/her
accumulated
sick
leave,
available.
An
exception
pay
but
still
to
this
may
have
limitation
The employee must be a member of the Catastrophic Leave Bank.
Requests for Leave.
1.
An
employee
who
meets
the
eligibility
requirements
for
23
Catastrophic Leave may request donation(s) of sick leave from the
24
Catastrophic
25
Catastrophic Leave-Request for Withdrawal Form” to the payroll
26
department in the Business Office.
27
Leave
Bank
74
by
submitting
a
“Certificated
A copy shall also be provided
1
to the Association and the Personnel Office.
2
2.
The
request
shall
injury must be included with the request.
7
documentation
8
injury, if requested.
9
4.
on
the
be
prepared
nature
and
to
Leave
the
5
should
Catastrophic
of
Appropriate written verification of the catastrophic illness or
employee
of
circumstances
4
The
amount
the
catastrophe
3.
the
specify
3
6
and
clearly
provide
severity
of
the
requested.
additional
illness
or
In the event that the employee is personally unable to request
10
Catastrophic Leave, an employee or immediate family member may
11
make the request.
12
E.
Catastrophic
Leave
15
established
16
requests
17
partially
18
Catastrophic Leave shall require mutual agreement.
19
committee is final and not subject to the grievance procedure.
20
written
21
payroll department so that the Catastrophic Leave Bank balance can be
22
appropriately adjusted.
24
each
receive
grant,
copy
fiscal
of
the
year.
reject
Association
The
Catastrophic
or
the
by
representative
a
committee’s
President
committee
Leave.
request.
decision
The
shall
one
(1)
shall
be
consider
committee
All
shall
and
Committee
representative
appointed
District
Leave
14
to
(1)
Catastrophic
consisting
F.
one
A
13
23
of
Committee.
decisions
may
to
all
grant,
grant
The decision of the
be
provided
to
A
the
Implementation Procedures.
1.
Each Catastrophic Leave shall conclude after forty-five (45) work
25
days, or at the end of the employee’s work year, or when the
26
employee returns to work, whichever comes first.
27
75
If the same or
1
another injury or illness continues or arises at a later time,
2
another request for Catastrophic Leave may be submitted.
3
2.
Except
in
exceptional
and
highly
unusual
circumstances,
as
4
determined by the Catastrophic Leave Committee, the total amount
5
of Catastrophic Leave received for any single illness or injury
6
shall
7
Catastrophic
8
Leave.
9
Teachers’
10
not
exceed
two
Leave
Unit
is
not
members
Retirement
hundred
meant
are
twenty-five
to
replace
advised
System
to
regarding
Unpaid
check
their
(225)
Disability
with
the
eligibility
State
for
a
disability allowance.
11
3.
An employee who uses Catastrophic Leave shall be paid at his/her
12
regular daily rate.
13
differing pay rates of the donors or recipients.
14
4.
15
No distinction shall be made as to the
Any Catastrophic Leave that is granted to an employee but not
used, shall be redeposited in the Catastrophic Leave Bank.
16
5.
Catastrophic
be
for
except
Non-Bank
to
is
or
disability
compensation up to his/her individual daily rate of pay.
for
employee
illness
19
benefits,
the
used
Compensation
Leave
when
not
18
Catastrophic
days
may
absences
G.
on
Leave
17
20
days.
bring
Members.
The
receiving
the
daily
Workers’
rate
Catastrophic
of
Leave
21
Committee may also consider granting Catastrophic Leave (donated sick
22
leave) to a unit member or certificated manager who is not a member of
23
the Bank.
24
individual basis and limited to a maximum of two (2) days, per donor,
25
per request, per school year.
26
recipient of such donations(s) shall satisfy all eligibility and
27
Specific donations for such employees shall be made on an
Other than not being a Bank member, the
76
1
verification
2
specified above.
3
H.
4
requirements
for
receipt
of
Catastrophic
Leave
as
District and Association Understanding.
1.
The Association agrees that it will not file, on its own behalf
5
or on behalf of any unit member, any grievance, claim or lawsuit
6
related to this leave.
7
2.
The Association also agrees that it will not file, on its own
8
behalf or on behalf of any unit member, any grievance, claim or
9
lawsuit of any kind which attempts to challenge in any way the
10
legality or enforcement of this provision.
11
3.
The
Association
agrees
to
indemnify
and
hold
harmless
the
12
District from any loss or damages arising from the implementation
13
of this leave as it relates to unit members.
14
4.
In the event a claim or lawsuit results in the determination that
15
there is a question of legality or proper enforcement of this
16
Article,
17
Article upon written notice to the other Party.
18
5.
Upon
the
return
District
from
or
the
Catastrophic
Association
Leave,
a
may
unit
terminate
member
this
shall
be
19
returned to the same or equivalent position, except as limited by
20
law.
21
6.
If the Catastrophic Leave Bank is terminated for any reason, the
22
days remaining in the Bank shall be equitably distributed among
23
all members of the Bank currently employed by the District.
24
Section 5 - Court Appearance Leave (Other Than Jury Duty).
25
A.
General Provisions.
Whenever a unit member appears in court as a
26
litigant the unit member may have such day(s) absent deducted from
27
77
1
his/her sick leave entitlement.
2
notification to the Personnel Office or principal in case of a court
3
appearance absence in accordance with established current procedures
4
for arranging substitutes.
5
B.
Limitations and Conditions.
The unit member is responsible for
The following limitations and conditions
6
are placed on the use of court-appearance leave:
7
1.
8
9
Under this leave no more than a total of three (3) days shall be
used in any one (1) school year.
2.
The days allowed shall be deducted from and may not exceed the
10
number of full paid days of sick leave to which the unit member
11
is entitled.
12
3.
13
14
Such leave shall not be granted during a scheduled vacation or
other leave of absence.
4.
Payment of such absence shall be made only upon certification by
15
the unit member's administrator or supervisor that the absence
16
was attributable to a situation designated as a court appearance
17
within the meaning of this policy.
18
required
19
absence
20
section.
21
Personnel Office.
22
himself/herself that a court appearance within the limits of this
23
rule did exist.
to
was
sign,
on
indeed
Such
a
a
form
form
court
shall
provided,
appearance
be
filled
Section 6 - Family Care and Medical Leave.
25
federal
26
eligible employees, without discrimination.
27
the
District
a
statement
as
out
provided
and
filed
that
such
in
this
with
the
The administrator or supervisor may satisfy
24
law,
The unit member shall be
shall
grant
78
In accordance with state and
Family
Care
and
Medical
Leave
to
The maximum length of the leave
1
is sixty (60) work days per twelve (12) month period, during which time the
2
unit member continues to receive district paid health and welfare benefits as
3
if he/she were not on leave.
4
be employed in the same or a comparable position upon returning from Family
5
Care and Medical Leave, subject to any exceptions or limitations provided by
6
law.
7
posted at each site and included in the Appendix to this Agreement.
8
Section 7 - Industrial Accident and Illness Leave.
9
to
Unit members who are granted such leave shall
Information regarding the Family and Medical Leave Act of 1993 shall be
leave
for
industrial
10
following provisions:
11
A.
accident
or
illness
Unit members are entitled
(EC
44984)
subject
to
the
Leave for any industrial accident or illness shall be for a maximum of
12
sixty (60) working days in any one (1) fiscal year or the remainder of
13
the fiscal year, whichever is longer.
14
B.
When an industrial accident or illness occurs at a time when the full
15
sixty (60) days will overlap into the next fiscal year, the unit member
16
shall be entitled to only that amount of leave remaining at the end of
17
the fiscal year in which the injury or illness occurred, for the same
18
illness or injury.
19
C.
Leave shall not be accumulative from year to year.
20
D.
Leave will commence on the first day of absence.
21
E.
Salary payment shall, when added to an award granted the unit member
22
under
23
salary for the day.
24
F.
applicable
workers'
compensation
laws,
not
exceed
the
normal
Leave will be reduced by one day for each day of authorized absence
25
regardless of a compensation award made under workers' compensation.
26
The industrial accident and illness leave is to be used in lieu of
27
79
1
entitlement under the Sick Leave provisions of the Agreement.
When
2
entitlement
been
3
exhausted,
4
receiving workers' compensation salary indemnity, the unit member shall
5
be entitled to use only that portion of accumulated Sick Leave, or
6
other available leave which, when added to the workers' compensation
7
award, will provide for a full day's salary.
8
endorse to the District wage loss benefits checks received under the
9
workers' compensation laws of California.
to
Sick
industrial
accident
Leave
then
will
be
and
illness
used;
but
if
leave
a
unit
has
member
is
The unit member shall
The District, in turn, shall
10
issue the unit member appropriate warrants for payment of salary and
11
shall
12
Reduction of entitlement to leave shall be made only in accordance with
13
this Section.
14
Section shall, during periods of such injury or illness, remain within
15
the State of California unless the District authorizes travel outside
16
the State.
deduct
normal
retirement
and
other
authorized
contributions.
Any unit member receiving benefits as a result of this
17
Section 8 - Jury Duty/Official Appearance Leave.
18
A.
Jury duty and official appearance leave shall be granted for purposes
19
of regularly called jury duty, appearance as a witness in court other
20
than as a private litigant on non-employment related matters, or to
21
respond to an official order from another government jurisdiction for
22
reasons not brought about through malfeasance of the unit member.
23
B.
Upon receipt of notification of a jury duty or official appearance
24
obligation
25
service,
26
Personnel Office immediately.
27
to
the
be
unit
served
member
during
shall
80
working
hours
inform
his/her
on
days
of
supervisor
assigned
and
the
1
C.
2
3
The unit member shall transmit to the District Business Office any
juror's fees received, exclusive of mileage.
D.
The District shall continue to pay the unit member's regular salary.
A
4
unit member who is receiving compensation from the District must report
5
to work during assigned days and hours when not retained for jury duty
6
or when his/her appearance is concluded.
7
Section 9 - Maternity Leave/Adoption Leave.
8
A.
9
Unit
Member
childbirth,
Options.
Disabilities
miscarriage,
when
the
unit
are
takes Unpaid Special Leave) will be treated as conditions of illness.
12
Illness leave (sick leave) may be used for such disabilities.
13
However, a pregnant unit member may elect to take a long-term unpaid
14
Special Leave.
15
unit member shall elect the type of leave preferred and notify the
16
Deputy Superintendent Personnel Services in writing.
Once made, this
17
choice
of
18
Superintendent Personnel Services.
20
(except
therefrom
11
B.
and
recovery
pregnancy,
considered
may
disabilities
and
from
10
19
temporary
abortion,
resulting
member
Prior to the use of either type of leave, the pregnant
be
reversed
only
with
the
approval
the
Deputy
Use of Illness Leave for Maternity.
1.
When such disabilities indicate need for an extended maternity
21
leave,
22
advance a written statement from her physician recommending such
23
leave and indicating the approximate period of confinement, the
24
date the unit member is to begin leave, and the estimated date
25
the unit member is to return to duty.
26
27
2.
the
unit
member
requesting
such
leave
must
furnish
In the event of miscarriage, a unit member on maternity leave
81
in
1
shall be allowed to return earlier than the expected return date
2
if a suitable vacancy exists.
3
should
4
clearance as noted above.
5
benefits and privileges will be extended during maternity leave
6
in the same manner as during illness leave.
7
C.
8
be
submitted
to
the
A written request for early return
Personnel
Office
with
the
medical
Unit member compensation and other
Use of Unpaid Special Leave for Maternity.
1.
9
Under this option any pregnant unit member may request a non-paid
leave for maternity purposes for a maximum period of one (1)
10
year.
11
writing
12
statement
13
requested leave and shall also submit a physician's statement
14
verifying pregnancy and indicating the unit member's health would
15
not be jeopardized by continuing full employment activity until
16
the date the leave would begin.
17
2.
18
Prior to such leave, the unit member shall submit in
to
the
Deputy
indicating
Superintendent
the
beginning
and
Personnel
ending
Services
dates
of
a
the
An extension of the Unpaid Special Leave for maternity purposes
shall require approval by the Board.
19
3.
In the event of miscarriage or premature birth, the unit member
20
may
21
vacancy.
22
statement indicating the unit member is able to perform required
23
duties shall be filed in the Personnel Office.
24
25
26
27
D.
request
earlier
return
to
work
subject
to
an
existing
Before actual return to work, a written physician's
Use of Unpaid Leave for Adoption.
1.
Under this option any unit member may request a non-paid leave
for adoption purposes for a maximum period of one (1) year.
82
1
Prior to such leave, the unit member shall submit in writing to
2
the personnel officer a statement indicating the beginning and
3
ending dates of the requested leave.
4
2.
5
6
An
extension
of
the
Unpaid
Leave
for
Adoption
purposes
shall
require approval by the Board.
E.
7
Use of Illness Leave for Adoption.
1.
A unit member may use up to thirty (30) days of sick leave when
8
adopting a child.
9
advice of a physician.
10
2.
The
unit
member
Additional sick leave may be used on the
shall
provide
a
written
statement
in
advance
11
indicating the date of the adoption, the date the unit member is
12
to begin the leave, and the estimated date the unit member is to
13
return to duty.
14
3.
Additional unpaid leave may be requested as mentioned in Part D,
15
above.
16
Section 10 - Parental Leave.
17
granted to a unit member upon the occasion of the birth or adoption of that
18
unit member's child.
19
Leave.
20
Office or principal preceding parental leave whenever possible.
21
Section 11 - Personal Necessity Leave.
22
A.
Two (2) days of absence with pay will be
Additional days may be used under Personal Necessity
The unit member is responsible for notification to the Personnel
A unit member shall be entitled to use ten (10) days of accrued sick
23
leave during each school year in cases of personal necessity.
24
circumstances shall such leave be available primarily for purposes of
25
personal convenience, the extension of a holiday or a vacation period,
26
matters which reasonably can be taken care of outside work hours, or
27
83
Under no
1
recreational activities.
Use of Personal Necessity Leave is subject to
2
the procedures listed below:
3
1.
A unit member shall not be required to secure advance permission,
4
but will be responsible for advising his/her immediate supervisor
5
or
6
absences caused by any of the following:
7
a.
the
Personnel
Office
at
the
earliest
when
9
provided under Bereavement Leave.
b.
time
for
The death of a member of the unit member's immediate family
8
10
possible
An
the
number
illness
of
of
a
days
member
of
absence
the
of
unit
the
member's
limit
immediate
family,
12
serious in nature, which under the circumstances the unit
13
member cannot disregard, and which requires the attention
14
of the unit member during his/her assigned work hours.
c.
pregnancy
unit
exceeds
11
15
including
of
member's
spouse,
An accident involving the unit member's property or the
16
person
or
property
of
a
member
of
the
unit
17
immediate family.
18
and require the attention of the unit member during his/her
19
assigned work hours.
Such accident must be serious in nature
20
d.
Attendance at funeral services of a close friend.
21
e.
Absence
required
in
completing
examinations
23
are not offered outside of the work day.
f.
Absence
in
order
advanced
to
seek
degrees
final
22
24
for
member's
when
alternative
and
such
examinations
employment
written
after
25
receiving a layoff notice.
26
is rescinded, the unit member shall have the day(s) fully
27
84
(Note:
oral
In the event the notice
1
restored.)
2
g.
A condition or circumstance that would result in a serious
3
financial loss without the immediate attention of the unit
4
member.
5
h.
Other compelling personal reasons of the unit member.
The
6
nature of such reasons must include circumstances which the
7
unit
8
attention of the unit member during assigned work hours.
9
i.
member
cannot
disregard,
and
which
require
the
Other personal necessity allowed at the discretion of the
10
Superintendent or his/her designee.
11
j.
Examples
12
(a)
through
(i)
are
not
intended
to
be
all
inclusive.
13
2.
No
specific
description
of
the
personal
necessity
shall
be
14
required on the Personal Necessity Leave Request Form unless the
15
District has reason to believe this Section has been abused.
16
leave shall not be used for recreational activities, the extension
17
of a holiday or recess period, or matters which can reasonably be
18
taken care of outside work hours.
Such leave shall not be used
19
during
(5)
20
Whenever possible notification of such leave shall be submitted to
21
the
22
advance of the leave.
23
B.
the
first
personnel
and
officer
Limitations and Conditions.
last
or
five
his/her
days
designee
are placed on the use of Personal Necessity Leave.
25
1.
27
two
each
(2)
semester.
workdays
in
The following limitations and conditions
24
26
of
Such
The total number of days allowed in one school year for such
leaves shall not exceed ten (10) days.
85
1
2.
The days allowed shall be deducted from and may not exceed the
2
number of full-pay days of sick leave to which the unit member is
3
entitled.
4
3.
A
5
Personal
Necessity
Leave
shall
not
be
granted
during
a
scheduled vacation or other leave of absence.
6
4.
The unit member shall be required to sign, on a form provided, a
7
statement that such absence was or would be attributable to a
8
personal necessity. Such form shall be filled out and filed with
9
the Personnel Office subject to the direction of the personnel
10
officer two work days in advance of the requested leave date when
11
possible.
12
the
13
verification may be required for just cause.
Failure to secure advanced permission may result in
absence
being
taken
14
Section 12 - Professional Growth Leave.
15
A.
Up
to
one
(1)
year's
unpaid
without
leave
compensation.
for
Further
professional
growth
or
16
development may be granted to a unit member at the sole discretion of
17
the Superintendent or his/her designee.
The decision whether or not to
18
grant
not
19
procedure.
20
B.
such
leave
shall
be
final
and
subject
to
the
grievance
A unit member receiving professional growth leave, shall, on return to
21
active
22
comparable to the one previously held in terms of subject area or grade
23
level.
24
regarding assignment may be necessary when other legal or contractual
25
requirements
26
required transfers) or if schoolwide reorganization should occur.
27
status,
be
assured
of
an
assignment
at
his/her
former
site
It is recognized, however, that exceptions to such assurances
are
present
(i.e.,
86
effects
of
layoffs,
reassignments,
1
Section 13 - Sick Leave.
2
A.
3
Accumulation of Sick Leave.
1.
Full-time unit members shall be entitled to one (1) day of sick
4
leave for illness or injury for every nineteen (19) days, or
5
major
6
allocation of ten (10) days per full work-year.
7
interpreting this Section, the following definitions are used:
8
a.
9
portion
thereof,
of
assigned
service
with
a
minimum
For purposes of
"Full-time unit members" refers to those who are employed
on
an
annual
contract
basis
and
whose
work
year,
as
10
established by this Agreement, is considered to be a full-
11
time position.
12
b.
13
14
"Assigned service and full work-year" are defined by the
Article entitled "Work Years" in this Agreement.
2.
Unit members whose compensation is set by the Basic Certificated
15
Salary Schedule and who work less than a full day, or less than a
16
five
17
entitled to sick leave in the ratio which their service bears to
18
full-time service.
19
3.
20
(5)
day
week,
or
less
than
a
full
work-year
shall
be
The unit member shall earn sick leave only for days of assigned
service.
21
4.
Sick Leave is cumulative from year-to-year without limit.
22
5.
The Business Office is responsible for maintaining records of
23
sick-leave
24
members annually by November 15 of their accumulated sick-leave
25
balance.
26
27
6.
earnings
and
use.
This
office
will
notify
Unit members who are employed for Summer School/Extended Year
87
unit
1
will earn sick leave at a rate of one (1) day per nineteen (19)
2
days of employment.
3
leave per fiscal year may be earned in this way.
4
5
B.
However, no more than two (2) days of sick
Use of Sick Leave.
1.
Unit
members
may
sick
to
visit
a
medical
Psychologist,
State
Licensed
doctor,
dentist,
7
Family, and Child Counselor, Chiropractor, recognized religious
8
practitioner, or optometrist as well as for illness or injury.
2.
Licensed
leave
6
9
State
use
Such appointments made before the close of the workday may be
10
approved
11
supervisor with no charge against sick leave.
12
3.
13
14
Marriage,
in
advance
by
the
appropriate
administrator
or
Unit members may use sick leave as authorized by other leave
sections.
4.
Use of sick leave for unit members will be charged in half-day
15
increments.
16
completion of one-half of the normal work day will be charged
17
with one (1) full day of sick leave.
18
completion of one-half or more of the regular workday will be
19
charged with one-half day of sick leave, except as specified in
20
Paragraph (1) above.
21
5.
The
Business
Any unit member leaving the assignment prior to the
Office
beginning
of
each
leave
fiscal
to
the
unit
year.
The
23
amount of sick leave a unit member may use at any one time is the
24
total amount credited to his/her account, whether or not it has
25
already been earned.
27
the
sick
member's
6.
at
annual
22
26
account
credits
A unit member leaving after
When a unit member terminates employment with the District,
88
1
he/she
2
leave.
3
such deduction does not cover the amount due the District, then
4
the unit member shall be required to pay the amount owed.
5
7.
6
7
shall
reimburse
the
District
for
any
overuse
of
sick
A deduction shall be made from the last pay warrant.
If
Accumulated sick leave may be used during Summer School/Extended
Year and shall be charged in full days on a day-for-day basis.
C.
Confirmation
of
Illness
or
Injury.
The
Superintendent
or
his/her
8
designee may when in his/her opinion, a unit member's absenteeism rate
9
because of claimed illness or injury affects the learning and welfare
10
of pupils and/or the job performance of the unit member, require such
11
unit
12
verifying the nature and degree of the illness.
13
require that the unit member submit to a physical examination by a
14
qualified medical doctor or dentist to be selected by the unit member
15
and approved by the District.
16
paid by the District.
17
18
D.
member
to
provide
a
written
statement
from
a
medical
doctor
The District may
The cost of such examination shall be
Notification and Verification.
1.
The
unit
member
shall
be
responsible
for
notification
to
the
19
Personnel Office or Principal preceding illness or injury related
20
absence whenever possible.
21
2.
When a unit member becomes aware that an absence will extend
22
beyond
23
notify his/her administrator or supervisor.
24
3.
ten
(10)
consecutive
workdays,
the
unit
member
shall
On the day preceding the unit member's return from an illness or
25
injury absence, the unit member shall notify his/her immediate
26
supervisor or the Personnel Office by the end of his/her
27
89
1
substitute's
2
released routinely on Friday unless the Personnel Office or the
3
immediate supervisor has been notified to the contrary.
Failure
4
to
of
5
substitute and loss of an additional day of sick leave.
6
4.
At
regular
provide
the
such
workday.
notification
conclusion
of
an
However,
may
extended
substitutes
result
in
absence
shall
retention
exceeding
ten
be
the
(10)
7
consecutive workdays and before resuming work, the unit member
8
must submit to the Personnel Office a written statement from a
9
medical
doctor,
dentist,
State
Licensed
Marriage,
Family,
and
10
Child Counselor, chiropractor, recognized religious practitioner
11
or optometrist which indicates that the unit member is able to
12
assume the full responsibilities and duties of his/her assigned
13
position.
14
provide
15
absence,
16
attempt to notify the unit member of the requirement on or before
17
the tenth day of absence.
18
E.
Extended
a
Although it is the unit member's responsibility to
written
the
Benefits.
statement
Personnel
After
prior
Office
the
unit
or
to
return
appropriate
member's
total
from
an
extended
supervisor
shall
accumulation
of
19
earned sick leave as set forth above is exhausted, additional non-
20
accumulative leave shall be available for a period not to exceed five
21
(5) school months.
22
shall be the amount actually paid a substitute employee to fill the
23
position during the leave; or, if no substitute is employed, the amount
24
which would have been paid to a substitute.
25
shall begin on the day after the expiration of the unit member's total
26
amount of accumulated sick leave.
27
The amount deducted from the unit member's salary
90
The five-month period
1
Section 14 - Special Leave.
2
A.
3
4
When a leave request does not fall within the definition of any other
leave provision, it shall be considered a request for Special Leave.
B.
Special Leave may be granted at the discretion of the Superintendent or
5
his/her designee(s).
6
on a form provided by the District in sufficient time to permit it to
7
be
8
unavoidable
9
written approval in advance, the unit member may make such requests
10
11
approved
or
Each request for Special Leave must be submitted
disapproved
circumstances
in
when
advance.
the
In
unit
extremely
member
cannot
unusual
obtain
and
such
verbally or retroactively.
C.
12
Special Leave may be approved without pay, with use of sick leave, or
with pay less what a substitute would cost.
13
Section 15 - Unpaid Disability Leave.
14
A.
Unit members receiving a disability allowance from the State Teachers'
15
Retirement System shall be placed on an unpaid leave status for a
16
period
17
thirty-nine (39) month period, the unit member's employment rights will
18
end.
19
B.
not
to
exceed
thirty-nine
(39)
months.
At
the
end
of
the
If during the thirty-nine (39) month period the STRS determines that
20
the disability no longer exists, the unit member will be returned to
21
regular status upon request as soon as a vacancy for which he/she is
22
qualified exists but no later than the beginning of the next school
23
year.
24
25
26
27
91
1
ARTICLE XII
2
TRANSFER AND REASSIGNMENT
3
Section 1 - Definitions.
4
A.
5
6
B.
C.
a
change
of
work
location
between
schools
or
other
A
voluntary
transfer
is
one
in
which
the
transfer
proceedings
are
An involuntary transfer is one in which the transfer proceedings are
not initiated by the unit member.
D.
11
12
is
initiated by the unit member.
9
10
transfer
education facilities.
7
8
A
A reassignment is a change of department(s) (secondary, 7-12) or grade
level(s) (elementary, K-6) at a work site.
E.
13
A program change is a substantial change of categorical or special
education funding at the work site.
14
Section 2 - Vacancy Announcement.
15
A.
The Deputy Superintendent Personnel Services shall publish a list of
16
anticipated vacancies as they become known.
17
on the Association bulletin board at each school and mailed to the
18
Association.
19
shall be updated.
20
between schools may keep an active written request for transfer with
21
the
22
vacancies are posted and sent to the Association, the Association may,
23
in turn, notify its interested members of such vacancies.
24
summer
25
written
26
vacancies which may occur because of such variables as subject matter
27
District's
recess
Such lists shall be posted
As additional information becomes available, the lists
Unit members who desire a change in work location
Personnel
such
request.
Office
notices
Vacancy
shall
lists
92
as
be
well
as
mailed
may
not
the
to
a
Association.
unit
reflect
As
During the
member
upon
accurately
all
1
or grade-level change within a school or changing budget and staff
2
formulae conditions.
3
B.
4
5
Notices of vacancies shall be posted for at least five (5) days on the
Association bulletin board in each school before a selection is made.
C.
Vacancies
6
following:
7
1.
not
necessarily
be
posted
if
caused
by
any
the
October 1.
9
2.
D.
Subsequent vacancies caused by transfers during the school year.
All appropriate transfer requests shall be considered prior to filling
11
a vacant position.
12
Section 3 - Transfer Request.
13
A.
The transfer request may be submitted at any time.
District
15
Reemployment,
16
purpose of such notification, and the procedure to be followed.
B.
Any
shall
request
include
notification
for
a
of
transfer
the
must
right
be
must
to
Offer
request
submitted
be
and
dated,
in
Notice
of
transfer,
the
writing
must
to
the
describe
the
19
transfer requested, and must be signed.
20
that a transfer request can be honored where latitudes for transfer are
21
broad.
22
request shall be active, but no such request shall be maintained in an
23
active status longer than one (1) year from the date received.
24
Deputy Superintendent, Personnel Services shall acknowledge receipt of
25
any transfer request within one (1) week.
27
request
yearly
personnel
C.
The
the
18
26
officer.
with
In addition, the
14
17
of
Unexpected enrollment increases from the opening day of school to
8
10
may
In general, it is more likely
Transfer requests may specify a limited period during which the
The
The transfer request may be in response to a listed vacancy or may be a
93
1
request
2
available.
3
denied, the unit member shall be provided with the reasons for the
4
denial in writing.
5
transferred without concurrence to an assignment other than the one
6
requested.
7
member shall not be singled out for an involuntary transfer, but shall
8
be considered equally with other unit members for involuntary transfer.
9
10
for
consideration
for
a
transfer
should
a
position
become
If the voluntary transfer for a specific vacancy request is
A unit member requesting transfer shall not be
If the specific requested transfer is not made, the unit
Section 4 - Voluntary Transfers.
A.
Voluntary requests for transfer to fill a specific vacancy shall be
11
considered on the basis of the following criteria in the order listed:
12
1.
Credentials required to perform the assigned duties.
13
2.
Highest District seniority.
14
B.
15
Copies
of
the
unit
member's
transfer
request,
transfer
notice
inactive reports shall be sent to the unit member.
16
Section 5 - Involuntary Transfer Necessitated by Changes in School(s)
17
Enrollment or Program Change.
18
A.
19
20
and
No unit member shall be involuntarily transferred to fill a vacancy if
there is a qualified volunteer for the available position.
B.
Involuntary Transfers Necessitated by Changes in School(s) Enrollment
21
or
22
criteria in the order listed and shall be excluded from the conference
23
and documentation process:
24
1.
Credential required for the assigned position.
25
2.
Least District seniority.
26
27
Program
Change
shall
be
made
in
accordance
with
the
following
If seniority is equal the personnel
officer shall determine which of the unit members with equal
94
1
seniority
shall
2
bilingual
or
3
provision
if,
4
Personnel Services, it is in the best interest of the respective
5
programs
6
assignment(s).
7
C.
be
transferred.
special
for
in
the
Unit
education,
the
judgment
unit
may
of
member(s)
member(s)
be
the
to
assigned
excluded
Deputy
remain
from
to
this
Superintendent
in
the
current
A unit member who has been involuntarily transferred as a result of a
8
change
9
priority according to District seniority when a specific vacancy occurs
the
number
in
grade
which
levels
he/she
had
at
a
school
successful
shall
previous
be
given
in
11
experience at the original school.
12
transmitted to the unit members as they occur.
13
decides not to return, he/she will waive any further rights under this
14
Section.
D.
assignment
of
10
15
an
in
teaching
Notices of such vacancies will be
If the unit member
Before making an involuntary transfer as outlined in this Section the
16
Deputy Superintendent Personnel Services shall, if requested, meet with
17
the unit member to discuss the reasons for the transfer and the rights
18
and responsibilities of the transferee.
19
Association representative to this meeting if he/she desires.
The unit member may bring an
20
Section 6 - Administrative Transfers.
21
A.
Administrative Transfers may be made with good and sufficient reason.
22
B.
Administrative
transfers
23
nature.
24
needs of the students.
25
26
27
C.
If
once
shall
not
be
punitive
or
disciplinary
in
They shall be based on the legitimate educationally-related
administratively
transferred,
a
unit
member
considered for such transfer again for three (3) years.
95
shall
not
be
1
D.
2
3
or seniority.
E.
4
5
An administrative transfer shall not result in the loss of compensation
Administrative transfers shall not result in the involuntary transfer
of another unit member.
F.
An
administrative
transfer
shall
not
be
made
by
the
Deputy
6
Superintendent Personnel Services until a conference has been held with
7
the
8
situation.
9
conference.
unit
member
and
administrative
personnel
familiar
with
the
Unit members may, however, waive their right to such a
In any and all such conferences, the unit member may be
10
represented by any person or persons of the unit member's choosing.
11
The
12
transfer.
13
Services shall identify that administrator recommending the transfer,
14
and the unit member shall be advised in writing by the administrator of
15
the reason for the recommendation and the values to be achieved.
16
unit member being considered for administrative transfer shall have
17
three (3) working days after receipt of the written reason for the
18
transfer or the conference, or waiver of said conference, whichever is
19
last, to react in writing.
20
transfer is made.
21
also
22
potential
23
conference with the unit member.
24
G.
conference
shall
include
the
administrator
recommending
the
Prior to the conference, the Deputy Superintendent Personnel
confer
with
The
Any reaction shall be considered before the
The Deputy Superintendent Personnel Services shall
the
administrator
unit
if
member's
either
or
current
both
are
administrator
not
included
Four (4) records related to transfer shall be maintained.
and
the
in
the
First, a
25
record of the review conference prior to an administrative transfer
26
shall be made by the administrator or administrative personnel present
27
96
1
immediately after any conference which results in such a transfer.
2
second record shall be the reason for the administrative transfer and
3
the values to be achieved.
4
notice of transfer made by the personnel office with copies sent to the
5
unit
6
Association.
The fourth record shall be an informal letter to any unit
7
member
his/her
8
without resulting in a transfer.
9
member's
when
current
The third record shall be the written
administrator,
written
transfer
new
administrator,
request
has
and
become
the
inactive
Section 7 - Reassignment.
10
A.
Whenever practical, voluntary reassignment will be granted.
11
B.
Reassignment shall not be punitive or disciplinary in nature.
12
13
The
It shall
be based on the legitimate, educationally-related needs of students.
C.
Teachers assigned to elementary combination classes or GATE cluster
14
classes shall be given priority in reassignment to regular classes in
15
the succeeding year if such a reassignment is requested in writing.
16
the two, combination classes will be given first priority.
Preference
17
shall
continuous
18
service in those classes at the site.
19
D.
be
given
to
those
teachers
who
have
the
longest
Of
Before making an involuntary reassignment the supervising administrator
20
shall, if requested, meet with the unit member to discuss the reasons
21
for the reassignment and the rights and responsibilities of the unit
22
member.
23
this meeting if he/she desires.
24
Section 8 - Assistance to the Unit Member.
25
A.
The unit member may bring an Association representative to
Pre-packaged personal materials and teaching aids shall be moved to a
26
transferred unit member's new work location by the maintenance and
27
97
1
2
operations or warehouse personnel, if requested.
B.
When a transfer is made during the school year, the unit member shall
3
receive
4
commencement of the new assignment.
5
C.
a
minimum
of
two
(2)
days
released
time
on
campus
before
Any classroom teacher whose yearly room assignment is changed after the
6
first day of instruction shall, on request, receive a day of released
7
time on campus to prepare accordingly.
8
Section 9 - Additional Negotiation.
9
A.
The parties agree to meet and negotiate an ad hoc procedure to be used
10
for transfers of unit members to any new middle school or comprehensive
11
high school which is staffed during the term of this Agreement.
12
parties are unable to reach an agreement and achieve ratification by
13
six (6) months prior to the opening of the new school, the transfers
14
will be made according to provisions of the current Agreement.
15
Section
16
Transfers.
17
A.
18
10
-
Psychologist,
Nurse,
and
Speech
and
Language
If the
Pathologist
Planning.
1.
As soon as practical but not later than May 1, the Administrator
19
of
20
anticipated assignment locations for the coming school year to
21
each psychologist, nurse and speech and language pathologist.
22
2.
Education
Support
Services
shall
distribute
a
list
of
all
A conscientious effort shall be made to make the workloads of
23
assignments equitable.
Criteria such as the number of students
24
at the site(s), the number of sites assigned to a unit member and
25
their proximity and the number of special education students
26
27
98
1
including GATE and limited English proficient at the site(s) and
2
the requirements of supplemental categorical projects shall be
3
considered.
4
3.
Prior to the end of the school year, a meeting with each group
5
shall
6
Comments on the implications or ramifications of any anticipated
7
changes except those of a personal nature that may or will occur,
8
shall be made during these meetings.
9
notified by the Administrator of Education Support Services of
10
the meetings in sufficient time to send a representative if it so
11
chooses.
12
by anyone to encourage, entice or compel a unit member to request
13
a voluntary transfer.
14
15
B.
be
held
with
members
of
each
respective
group
invited.
The Association shall be
No efforts of any kind shall be made in these meetings
Procedure.
1.
Prior to the assignment of any new or additional psychologist,
16
nurse or speech and language pathologist, the Administrator of
17
Education Support Services shall obtain a list of any applicable
18
written
19
office.
20
transfer prefer to remain at their present site(s).
21
2.
voluntary
Voluntary
It
is
transfer
assumed
transfer
that
requests
two
(2)
not
or
requested
more
a
nurses,
24
same
25
shall result in a cost to the District or another unit member
26
would be involuntarily transferred as a result.
99
be
pathologists
personnel
result in a direct exchange of work sites with another of the
shall
language
have
the
23
group,
and
by
who
in
psychologists
respective
speech
those
received
22
27
or
requests
granted
unless
that
such
would
exchange
In such cases,
1
the
transfer
may
2
supplemental/categorical funds used to pay for the services of
3
the
4
available to pay for the same amount of service provided by the
5
leaving
6
transfer(s) would be impractical to implement, call for a review
7
of the proposed action prior to implementation.
8
be
9
designee,
voluntarily
unit
made
by
be
denied.
transferred
member.
the
the
The
Deputy
Cost
arriving
Association
shall be required for implementation.
member
if
it
or
if
the
are
not
feels
such
The review will
Services
designee
or
and
Support of the majority
Other voluntary requests and administrative transfers shall be
13
treated
14
respectively.
4.
occur
Personnel
President
11
15
may,
Superintendent
representative of the unit member(s).
3.
unit
District
10
12
would
in
accordance
with
Sections
4
and
6
of
this
Article
Involuntary transfers shall only occur as a result of enrollment
16
changes, program changes or as an attempt to equalize workloads
17
and
18
Article.
19
5.
shall
be
treated
in
accordance
with
Section
5
of
this
Any nurse, psychologist, or speech and language pathologist shall
20
have
the
right
to
21
Personnel
22
Services
and
an
23
implementation
of
24
situation and possible alternatives which may include a voluntary
25
transfer described in paragraph 2 above.
Services,
meet
the
his/her
100
the
Deputy
Administrator
Association
26
27
with
of
Superintendent
Education
representative
involuntary
transfer
prior
to
of
Support
to
discuss
the
the
1
C.
2
Time Considerations.
1.
The Administrator of Education Support Services shall notify the
3
Deputy Superintendent of Personnel Services in writing if he/she
4
feels a voluntary transfer can be granted or if an involuntary
5
transfer is necessary.
6
notifying any unit member who may be impacted by such a transfer.
7
Notification to transferees shall be made in writing from the
8
personnel
9
completion of current responsibilities prior to implementing the
10
office.
This shall be done prior to contacting or
Sufficient
time
shall
be
provided
for
transfer.
11
2.
Psychologists,
nurses
and
speech
and
language
pathologists
12
transferred during their work year shall receive one (1) day of
13
released time on the site(s) with no scheduled activities for
14
each site involved in the transfer.
15
3.
Nurses,
psychologists
and
speech
and
language
pathologists
16
assigned to more than one (1) site may, by agreement with the
17
Assistant
18
their schedule in order to meet increased needs/responsibilities
19
at a specific assigned site that they serve.
20
D.
Superintendent
Education
Services,
temporarily
alter
Prior to the transfer or reassignment of a unit member covered by this
21
section during his/her work year, the unit member shall have the right
22
to
23
situation and possible alternatives.
24
//
25
//
meet
as
described
in
subsection
26
27
101
B,
paragraph
5
to
discuss
the
1
ARTICLE XIII
2
WORK YEARS
3
Section 1 - Assigned Work Years.
4
relation to the school calendar(s), see Appendix, as follows:
5
A.
Basic Work Year.
All unit members are assigned work years in
The Basic Work Year is the number of work days in the
6
work year for continuing teachers, nurses, resource specialists, and
7
speech and language pathologists.
8
work days.
9
development of the school calendar.
The Basic Work Year shall be 184
The Association has the right to meet and confer on the
If the school calendar has not
10
been established by February 1st, the District reserves the right to
11
implement a school calendar for the forthcoming year.
12
B.
Description.
Work days for positions listed below exclude Saturdays,
13
Sundays, legal and local holidays, Winter recess and Spring recess:
14
Job Title
Work Year
15
Classroom Teacher
Basic Work Year
16
Nurse
Basic Work Year
17
Speech and Language Pathologist
Basic Work Year
18
Special Education Teacher
Basic Work Year
19
Nurse (Coordinator)
Basic Work Year Plus 5 Days
20
Librarian
Basic Work Year Plus 5 Days
21
Mental Health Counselor
Basic Work Year Plus 5 Days
22
Psychologist
Basic Work Year Plus 5 Days
23
Behavior Specialist
Basic Work Year Plus 5 Days
24
Counselor
Basic Work Year Plus 10 Days
25
Program Specialist
Basic Work Year Plus 10 Days
26
Guidance Coordinator
Basic Work Year Plus 20 Days
27
102
1
2
Adult Education Teacher
C.
Special.
As assigned
Work days for positions listed below may include Saturdays,
3
Sundays, legal and local holidays, Winter recess and Spring recess by
4
mutual agreement:
5
Job Title
Work Year
6
Teacher (Community Day School)
Basic Work Year Plus 25 Days
7
Teacher (Lead Independent Study/Adult Ed.)Basic Work Year Plus 30 Days
8
Teacher (Lead Work Experience)
Basic Work Year Plus 41 Days
9
Teacher (Five Period Agriculture)
Basic Work Year Plus 41 Days
10
Section 2 - Additional Work Days.
11
by
12
designee.
13
Section 3 - Elementary Parent Conferencing Time.
14
include two (2) conference days for elementary teachers with students not in
15
attendance or a substitute provided to meet and discuss student progress with
16
parents.
17
hours on these days as provided in Article VII, Hours of Duty, Section 2, A.
18
Section 4 - Middle and High School Planning Day.
19
scheduled after the end of the first semester with no students in attendance
20
for conferences, planning or visitation.
21
Section 5 - Certain New Unit Members.
22
resource specialist, or speech and language pathologist who is new to the
23
District shall be the Basic Work Year plus one (1) day.
24
Section 6 - State Incentives for Longer Work Year.
25
includes five (5) additional instructional days that are funded with state
26
incentive funds as provided in Education Code Sections 46200 – 46201. The
27
mutual
consent
of
the
unit
Additional compensated days may be worked
member
and
the
Superintendent
or
his/her
The school calendar will
Elementary teachers shall be excused temporarily from regular duty
103
One (1) day shall be
The work year for a teacher, nurse,
The Basic Work Year
1
Basic Certificated Salary Schedule has been increased 2.8% to compensate for
2
these additional days.
3
days and the corresponding salaries is conditioned on the District continuing
4
to qualify for and receive all such incentive funds.
5
Section 7 - Part-Time Work
6
A.
7
8
Continuation of the additional instructional work
Any unit member may request a part-time assignment.
may be shared with another unit member, others may not.
B.
9
The
request
for
a
part-time
assignment
must
be
provided
to
Personnel Office in writing and specify the assignment desired.
10
request may be made at any time.
11
and March 15 is preferable.
12
Some assignments
C.
the
The
However, the period between January 1
It is not the responsibility of the requesting unit member to find
13
another unit member to share an assignment.
14
aware of a potential candidate, he/she may inform the personnel office
15
regarding that candidate.
16
D.
The unit member shall receive written notification when the request is
17
approved.
18
writing, his/her status shall be unchanged.
19
E.
20
21
F.
26
27
A part-time unit member shall receive health and welfare benefits as
A part-time unit member shall be paid and shall advance on the salary
schedule as specified in the Basic Compensation Article.
G.
24
25
Until the unit member accepts the part-time assignment in
stated in the Health and Welfare Article.
22
23
However, if he/she is
A
part-time
unit
member's
seniority
day
shall
not
be
affected
by
his/her part-time status.
H.
A part-time unit member shall be allowed to return to full-time status
as provided in the Basic Compensation Article.
104
1
ARTICLE XIV
2
BASIC COMPENSATION
3
Section 1 - Basic Certificated Salary Schedule (Schedule I).
4
salary of all unit members shall be determined by the "Basic Certificated
5
Salary Schedule."
6
A.
7
8
Application of Salary Schedule.
1.
Definition of Terms.
a.
9
10
"Degree" refers to earned degrees in education or a public
school subject.
b.
11
12
The basic
"Unit" refers to semester units from an accredited college
or university.
c.
"Bachelor's Degree" means any earned Bachelor of Science or
13
Bachelor of Arts degree or equivalent from an accredited
14
institution.
15
d.
"Master's Degree" means any earned Master of Science or
16
Master
17
institution.
18
e.
of
Arts
degree
or
equivalent
from
an
accredited
"Doctor's Degree" means any earned Doctor of Philosophy or
19
Doctor of Education degree or equivalent from an accredited
20
institution.
21
"Accredited
Institution"
22
accredited
by
23
commission
24
Institutions of Postsecondary Education" published by the
25
Council for Higher Education Accreditation.
26
27
f.
g.
in
the
the
means
an
appropriate
most
recent
institution
regional
issue
of
the
listed
accrediting
"Accredited
"Semester Unit" means one semester hour of upper division
105
as
1
or graduate-level work from an accredited institution.
2
column
3
Transcripts
4
evaluated
5
quarter hour equaling 2/3 semester hours.
6
h.
"Upper
headings
indicate
indicating
in
requirements
quarter-hour
semester-hour
Division
Courses"
those
junior
or
units.
will
be
one
(1)
with
certified
graduate class would be considered equal to or superior to
9
upper division.
Teaching
Experience"
-
a
year
of
level.
an
8
"Prior
senior
by
accredited
i.
as
credit
equivalents,
are
semester
7
10
institution
in
All
prior
Any
teaching
11
experience for credit must equal seventy-five percent (75%)
12
of the minimum 175-day teaching year required by California
13
law.
14
Education Programs in public school, or in fully accredited
15
private school while holding a valid teaching credential
16
will be
17
j.
Full-time
teaching
in
Grades
K-12
or
Special
accepted.
"Transcript"
is
a
documentary
record
of
completed
work
18
certified by notarized signature or institutional seal and
19
received by direct mail in the Personnel Office from an
20
accredited institution.
21
k.
"Training Beyond Bachelor's Degree" - accreditable training
22
beyond
23
courses certified by the institution.
24
l.
the
Bachelor's
Degree
shall
include
only
those
"8.0 Vocational Credential" - In recognition of the value
25
of the 8.0 Vocational Credential, a unit member who holds
26
the credential but not the Bachelor's Degree shall be
27
106
1
placed
2
holding the Bachelor's Degree.
3
both
4
placed
5
holding the Master's Degree.
6
m.
on
the
the
Basic
credential
on
the
"Part-time
Certificated
and
Basic
the
Salary
-
a
as
if
A unit member who holds
Bachelor's
Certificated
Employee"
Schedule
Degree
Salary
unit
shall
Schedule
member
as
whose
be
if
annual
7
employment agreement is for less than a full day's service
8
or for less than a full work year shall be defined as a
9
part-time employee.
10
compensation
11
agreement is to a full-time work year.
A part-time unit
12
member,
in
13
Workload Program, who has earned tenure as a full-time unit
14
member and who has not been on part-time status longer than
15
three years shall be allowed to return to full-time status
16
at
17
notification of such intent is given to the District no
18
later than February 15.
19
Reemployment,
20
possibility of short-term employment.
21
22
2.
the
other
in
A part-time unit member shall earn
the
than
beginning
the
same
one
of
proportion
as
participating
the
next
school
his/her
year
the
if
work
Reduced
written
In the spring Offer and Notice of
District
will
include
notice
of
the
Initial Placement.
a.
Initial salary placement for the school year shall be made
23
by the tenth working day after the unit members’ start date
24
by the Deputy Superintendent Personnel Services and based
25
upon documentary evidence which has been received on or
26
before the tenth working day after the unit members’
27
107
1
start date.
2
to
3
transcript of training has been received in the Personnel
4
Office
5
members’ start date.
6
not available prior to the tenth working day after the unit
7
members’
8
statement
9
however, official transcripts of coursework must be in the
10
Personnel Office no later than the thirtieth working day
11
after the unit members’ start date.
12
b.
It is the responsibility of each unit member
insure
that
prior
to
start
from
verification
the
tenth
prior
working
day
employment
after
the
or
unit
In the event official transcripts are
date,
the
of
a
grade
course
card
or
instructor
a
written,
shall
be
signed
accepted;
Unit members initially employed by the District on or after
13
July 1, 1989 shall be given credit for each year prior
14
full-time teaching experience in a public school up to a
15
maximum
16
pursuant to Government Code Section 3543.2 and Education
17
Code
18
newly hired unit members for purposes of initial placement
19
on the salary schedule.
20
c.
of
twelve
Section
(12)
45028(b)
years.
and
is
This
intended
credit
to
is
apply
granted
only
to
Only units earned after receipt of the Bachelor's Degree
21
will
22
include work taken prior to completion of the Bachelor's
23
Degree, but only that work taken in the last semester or
24
summer prior to receiving the degree and certified on the
25
official institution transcript as graduate degree credit
26
beyond Bachelor's Degree requirements shall be acceptable
27
normally
be
used
108
in
salary
placement.
This
may
1
2
3
for graduate credit.
3.
Column Advancement.
a.
There shall be no limit on horizontal movement.
4
member
5
educational advancement qualified him/her.
6
b.
shall
be
moved
to
the
column
for
The unit
which
his/her
Educational training taken for advancement must be from an
7
accredited college or university.
8
of the upper division or graduate level, unless a specific
9
lower
division
course
is
Units or hours must be
required
to
meet
a
credential
10
requirement, or is a prerequisite for necessary advanced
11
coursework,
12
instructional
13
division course will not be accepted for column advancement
14
credit unless the unit member has received written approval
15
prior
16
Superintendent Personnel Services.
17
specific units and can in no way be deemed general approval
18
for a particular type of course or any series of courses.
19
One-third (1/3) of the total units between columns can be
20
inservice
21
tuition for such courses or inservice activities without
22
jeopardizing
23
activities for column advancement purposes.
24
c.
to
or
is
a
level
of
enrollment
credits.
the
course
the
in
The
use
needed
unit
the
of
member.
course
District
such
to
improve
Such
from
a
the
the
lower
Deputy
Approval will be for
may
pay
courses
the
or
fees
or
inservice
A unit member who qualifies for a salary increase based on
25
column advancement shall be paid the increased salary not
26
later than three regular pay periods or three months,
27
109
1
whichever is longer, after the unit member files proper
2
documentation
3
grade
4
education
5
completion will also be temporarily accepted pending unit
6
member submission of official transcripts or grade reports.
7
d.
(such
reports).
A
on
as
official
letter
official
from
transcripts
the
letterhead
or
institute
official
of
verifying
higher
course
Salary increases earned as a result of column advancement
8
shall be made effective at the beginning of the pay period
9
immediately following the receipt of proper documentation
10
in the Personnel Office.
11
12
13
e.
4.
Education training shall be evaluated in semester units.
Experience Credit for Step Increment Advancement.
a.
After initial placement, only one (1) increment step per
14
year
15
schedule.
16
the State-required 175 days) must have been rendered as
17
actual service, exclusive of unpaid leave, to qualify for
18
such advancement.
19
b.
may
be
credited
for
advancement
on
the
salary
A minimum of 132 days (seventy-five percent of
A unit member shall advance one (1) increment step per year
20
in compliance with the Basic Certificated Salary Schedule.
21
However, unit members who have advanced to the maximum step
22
of a given column on the Basic Certificated Salary Schedule
23
shall not lose experience credit advancement as a result of
24
a delay in qualifying for column advancement.
25
26
27
c.
When a part-time employee obtains or returns to full-time
employment, time worked in the part-time assignment shall
110
1
be
totaled
and
2
appropriate salary step.
3
any
4
equivalent days (seventy-five percent of the State-required
5
175 days) or more to be credited.
fractional
the
unit
year
member
shall
remaining
must
Section 2 - Longevity Increment.
7
years
8
receive
9
placement on the Basic Certificated Salary Schedule.
full-time
a
salary
regular
increment
each
total
132
full-time
employment
subsequent
addition
to
shall
his/her
The amount of the
12
Column G, Step 13 of the Basic Certificated Salary Schedule.
13
Effective
14
allowance shall be equal to four and one-half percent (4.5%) of Column G,
15
Step 13.
16
of G-13 for unit members who have completed twenty-four (24) years, and to
17
nine and one-half (9.5%) of G-13 for unit members who have completed twenty-
18
eight (28) years.
19
A.
twenty
years
District
certificated employment in the District and a percentage of the amount in
after
by
in
the
11
2007,
determined
year
in
longevity
1,
be
the
10
February
shall
on
A unit member who has completed twenty (20)
certificated
allowance
placed
For purposes of this calculation,
6
of
be
(20)
of
years,
full-time
the
annual
regular
salary
This percentage shall change to six and one-quarter percent (6.25%)
Unit members who initially received credit for experience outside the
20
District shall be able to count up to five (5) years of said experience
21
toward the longevity increment.
22
applies only to unit members whose first day of paid service as a unit
23
member was prior to July 1, 1990.
24
Section
25
Responsibility/Qualification Ratios are applied to placement on the Basic
26
Certificated Salary Schedule to determine annual base pay for the basic work
27
3
-
Ratios
(Schedule
This five (5) year credit benefit
II).
111
The
ratios
listed
as
1
year for each unit member in each position.
2
for
3
Specialist.)
4
years, if any, as shown on the Work Year Schedule.
5
Section
6
established, the District shall negotiate with the Association concerning the
7
appropriate salary for the classification.
8
shall take place prior to the filling of the position.
9
to complete negotiations prior to the filling of the position, the salary
10
subsequently agreed upon shall be retroactive to the first day the position
11
was filled.
12
Section 5 - Doctoral Stipend.
13
shall receive an additional yearly stipend of $925.
14
increased to reflect any increases in doctoral stipends for other employees
15
in the District.
16
and one-half percent (2.5%) of the amount in Column G, Step 13 of the Basic
17
Certificated Salary Schedule.
18
Section 6 – English Learner Assessment and Instruction.
19
A.
the
A
Teacher,
4
Nurse,
Speech
and
(The basic work year is the year
Language
Pathologist,
and
Resource
Annual pay is then extended proportionately for longer work
-
New
full-time
Job
Classifications.
If
a
new
job
classification
is
If possible, said negotiations
If it is not possible
Unit members with an earned Doctorate degree
This amount shall be
The amount of the doctoral stipend shall be equal to two
Speech
and
Language
Pathologist
or
Psychologist
whose
20
assignment, as determined by the District, requires that fifty percent
21
(50%) or more of their standardized student assessments be conducted in
22
Spanish shall receive an annual stipend $1000.
23
shall be appropriately prorated.
24
25
26
27
B.
A part-time assignment
Planning and Progress Documentation
1.
Elementary
teachers
who
are
assigned
twelve
(12)
or
designated English learners shall be provided one (1) day of
112
more
1
released
time
2
progress
documentation.
3
eight (8) or more such students will be provided with one-half
4
(1/2)
5
conducted during normal working hours at the unit member’s work
6
site.
7
2.
day
to
of
complete
required
planning
Elementary
released
time.
teachers
Such
and/or
who
released
student
are
time
assigned
shall
be
Secondary ELD/English teachers who are assigned sixty (60) or
8
more designated English learners shall be provided one (1) day of
9
released
time
10
progress
documentation.
11
forty (40) or more designated English learners shall be provided
12
one-half (1/2) day of released time.
13
conducted during normal working hours at the unit member’s work
14
site.
to
complete
required
Secondary
15
Section 7 - Mandatory Staff Development Day.
16
A.
planning
teachers
and/or
who
assigned
A mandatory District staff development day for all unit members shall
be
18
orientation days prior to the start of the first semester.
B.
are
Such released time shall be
17
19
student
scheduled
by
the
District
on
one
(1)
of
the
two
(2)
teacher
Funding actually received by the District from the State for such a
20
mandatory staff development day, less reasonable administrative costs,
21
shall
22
effective
23
schedule shall be as follows:
24
1.
25
26
27
be
used
to
January
Determine
augment
1,
the
2000.
amount
the
Basic
Certificated
The
formula
of
the
for
staff
Salary
increasing
development
Schedule
the
salary
allowance
authorized by the State Legislature and received by the District.
2.
Deduct 5% for administrative costs from the amount received by
113
1
the District.
2
3.
3
schedule increase, including fixed costs.
4
4.
5
6
Divide the remaining dollar amount by the cost of a 1% salary
The resultant percentage shall be added to the Basic Certificated
Salary Schedule retroactive to each year.
C.
This salary schedule increase shall continue unless the State allowance
7
is reduced or discontinued.
8
be reduced or discontinued accordingly.
9
reduced or discontinued, the limitations on Pre-Student Inservice Days
10
that were included in the 1995-1998 Agreement (Article XIII, Section 7)
11
shall be reinstated.
12
D.
If so, the salary schedule increase shall
If the salary schedule is
The remaining state-funded Staff Development Days shall, if offered by
13
the District, be scheduled as voluntary days outside the work year or
14
work day and paid at a rate of two hundred fifty dollars ($250) per
15
complete day (7 hours 15 minutes, including lunch).
16
non-participation in a voluntary staff development day shall not have
17
an adverse effect on the unit member’s evaluation.
18
//
19
//
20
21
22
23
24
25
26
27
114
Participation or
1
Schedule II
RESPONSIBLITY/QUALIFICATION RATIOS
Teacher on Special Assignment
1.03
Nurse Coordinator
1.03
Counselor (Middle School)
1.04
Speech and Language Pathologist
1.07
Counselor (High School)
1.07
Guidance Coordinator
1.10
Mental Health Counselor
1.10
Psychologist
1.13
Behavior Specialist
1.13
Program Specialist
1.13
116
1
ARTICLE XV
2
EXTRA COMPENSATION ASSIGNMENTS
3
Section 1 - Compensation Formulas and Criteria.
4
duties shall be paid in accordance with the extra compensation formulas and
5
criteria in this Article.
6
Section 2 - Method of Payment.
7
A.
Annual or seasonal extra compensation assignments shall be paid as part
8
of
9
assignment.
10
B.
11
Extra compensation for extra
the
unit
member’s
regular
pay
warrant
upon
completion
of
the
Hourly extra compensation assignments shall be paid as part of the unit
member's regular pay warrant for that pay period.
12
Section 3 - Voluntary Assignments.
All extra compensation assignments other
13
than assigned period and/or partial day substitution shall be voluntary.
14
Section 4 - Computation of Extra Compensation Amounts.
15
A.
The amount paid for extra compensation assignments shall be determined
16
by multiplying the percentage listed on Schedule III or Schedule IV by
17
the amount of Step 1, Column “B” on the Basic Certificated Salary
18
Schedule.
19
rounded up to the nearest five dollars ($5.00).
20
the result shall be rounded up to the nearest ten cents ($0.10).
21
the hourly amount, the result shall be rounded up to the nearest five
22
cents ($0.05).
23
B.
For the annual and seasonal amounts, the result shall be
For the daily amount,
For
Prior to implementation of a negotiated change in any factor of the
24
above formula, a designated representative of each Party shall meet and
25
calculate
26
Association, the Personnel Office and Business Office.
successor
amounts
and
transmit
27
Section 5 - Summer School Workday and Compensation.
28
A.
29
the
calculation
to
The basic daily Summer School minimum workday shall be four hours
117
the
1
and thirty-six minutes or 4.6 hours, which shall include two hundred
2
forty (240) minutes of instruction.
3
B.
The
Summer
School
Daily
Rate
is
calculated
by
multiplying
Step
1,
4
Column “B” on the Basic Certificated Salary Schedule by the percent
5
factor (.5%) indicated on Schedule IV.
6
the basic workday conditions described in A.
7
C.
This calculation is based upon
In order to meet specific program needs and holiday schedules, the
8
basic workday hours and the number of instructional minutes per day may
9
be adjusted by the District following written notification from the
10
Assistant Superintendent, Education Services to the Association.
11
Summer
12
programs, will be modified to reflect the compensation guidelines under
13
the Summer School/Extended Year Rate in Schedule IV.
14
1.
School
Daily
Rate
that
year
for
those
specifically
The
affected
An increase in the minutes of instruction (240) shall require a
15
corresponding
16
example,
17
minutes reflects a 3.75% increase (9 divided by 240).
18
current Daily Rate is $147.50, the corresponding increase would
19
equal $5.53 for a new total of $153.03 with no increase in the
20
workday hours.
21
equal $153.10.
22
2.
increase
adding
nine
in
the
(9)
Summer
minutes
to
School
the
Daily
daily
Rate.
For
instructional
If the
When rounded up, the new daily rate amount would
An increase in the basic workday hours (4.6) shall require a
23
corresponding
24
example, adding nine (9) minutes to the workday would reflect a
25
3.26% increase (9 divided by 276).
26
$147.50, the corresponding increase would equal $4.81 for a new
27
total of $152.31 with no increase in the instructional minutes.
28
When rounded up, the new daily rate amount would equal $152.40.
29
increase
in
the
118
Summer
School
Daily
Rate.
For
If the current Daily Rate is
1
3.
An increase in both the minutes of instruction (240) and the
2
workday hours (4.6) shall require a corresponding increase in the
3
Summer
4
minutes and the workday minutes are both increased by nine (9)
5
minutes, the result would then be $147.50 + $5.53 + $4.81 for a
6
new total of $157.84.
7
would equal $157.90.
School
Daily
Rate.
For
example,
if
the
instructional
When rounded up, the new daily rate amount
8
Section 6 - CIF Competition.
A coach shall receive a weekly stipend equal to
9
ten percent (10%) of his/her seasonal coaching compensation for each week of
10
CIF playoff competition involving his/her team.
11
consultation with the coach, shall designate the number of assistant coaches,
12
if any, who are eligible for the stipend.
13
Section 7 - Assignments.
14
A.
15
16
The site principal, after
Each athletic team that represents a comprehensive high school in CIF
competition shall have at least one (1) compensated coach.
B.
The District may only hire non-unit member coaches (walk-ons), pursuant
17
to Education Code Section 44919(b), when no unit member applicant is
18
qualified as determined by District criteria established pursuant to
19
Education Code Section 35179.7.
20
C.
In selecting a person to fill a vacant hourly, Summer School, Adult
21
Education or other extra compensation assignment listed on Schedule
22
III,
23
determined by District criteria established for the assignment at the
24
job site, shall be chosen before a non-unit member.
25
unless a special situation exists, certain extra compensation
26
assignments that are logical extensions of a specific unit member’s
27
teaching assignment, such as Instrumental Music Coordinator, shall be
28
filled by that unit member.
29
parts
B
or
C,
a
unit
member
119
applicant
who
is
qualified,
as
It is assumed that
1
D.
Prior to the principal naming a department head, grade level leader, or
2
K-6 special education leader, the department or group members will have
3
the opportunity to come to agreement and submit a candidate to the
4
principal using the following process:
5
1.
6
The principal shall announce the vacancy to the department or
group and will accept nominations for the assignment.
7
2.
8
The department or group shall, in a timely manner, submit its
candidate(s) for the vacancy.
9
3.
The method by which the department or group comes to agreement
10
shall be determined by the department or group.
Such methods may
11
include
If
12
clear agreement, a list of candidates will be submitted to the
13
principal.
14
4.
If,
election,
after
a
consensus,
candidate
has
or
acclamation.
been
selected,
the
there
is
principal
no
or
a
15
majority of the department or group so requests, a vacancy shall
16
be announced for the following year.
17
5.
Each
department
head,
grade
level
leader,
or
K-6
special
18
education leader assignment shall be determined at least once
19
every
20
department head positions at each site shall be subject to these
21
provisions annually.
three
(3)
years.
At
least
one-fourth
22
Section 8 - Adult Education Notification and Preparation Time.
23
A.
(1/4)
writing and shall include the location of the assignment and the
25
subject to be taught.
B.
the
Notification of selection to an Adult Education assignment shall be in
24
26
of
Unit members who teach Adult Education classes for two hundred fifty
27
(250) minutes or more per day shall receive one (1) additional hour of
28
paid preparation time per day.
29
120
1
Section 9 - Anticipated Vacancies.
2
A.
No later than thirty (30) days prior to the end of the school year, the
3
District shall post a list of anticipated extra compensation assignment
4
vacancies for the following school year.
5
the thirtieth (30th) day of the school year.
6
B.
7
8
Anticipated
Adult
Education
vacancies
This list shall be updated by
shall
be
posted
on
every
Association bulletin board when practical.
C.
9
Seasonal comprehensive high school coaching position vacancies shall be
posted
district-wide
by
school
administration
prior
to
a
selection
10
being made.
11
becomes vacant within three (3) weeks of the commencement of the season
12
of the sport involved, or after the season begins.
13
position shall be posted the following year, and the incumbent coach
14
must apply, along with other applicants, if he/she desires to continue
15
in the position.
16
D.
The posting requirement may be waived if the position
In such cases, the
Site level compensation opportunities will be flown each year at each
17
school site prior to assigning the position.
18
that
19
opportunities to the most qualified unit member and at times a unit
20
member may have more than one (1) extra compensation assignment.
21
principal will assign these opportunities in an equitable manner to
22
qualified unit members.
the
principal/district
retains
the
The Parties acknowledge
discretion
to
offer
these
The
23
Section 10 - Additional Preparation Periods.
24
scheduled as a result of extra compensation assignments shall not be used for
25
the calculation of class sizes in any calculation formulas in the Class Size
26
Article (e.g., if five (5) unit members are assigned one (1) additional
27
preparation period each, then they shall be counted as four (4) unit members
28
for purposes of calculating class size average).
29
121
Additional preparation periods
1
Section 11 - Summer Session Staffing.
2
will be made under the provisions that follow.
3
summer school positions will be announced to unit members by a posting at
4
each school site.
5
vacancies to which they are qualified.
6
consideration for each position to which he/she has applied, based on the
7
applicant’s credential(s) and relevant experiences.
8
number
9
following selection process will be used:
of
Staffing for summer school Programs
Anticipated vacancies for
Reasonable efforts will be made to match applicants to
applicants
summer
exceeds
number
positions
of
In the event that the
anticipated
vacancies,
the
Unit members who apply for state
10
reimbursed
11
education, proficiency and independent study programs will be selected by use
12
of a point system based upon the criteria and procedures indicated below.
13
Non-unit
14
qualified unit member applicants willing to teach the specific course being
15
offered.
16
A.
member
school
the
Each applicant will receive equal
applicants
will
including
only
Credential/Permit/Authorization.
considered
appropriately
18
teaching
19
specific course for which he/she has applied.
B.
Criteria.
under
an
credential/permit
authorization
education,
in
the
special
absence
of
An applicant must possess a valid,
17
20
registered
be
regular
that
allows
or
must
him/her
currently
to
teach
be
the
The selection of unit members for summer school employment
21
will be based upon the following conditions:
22
1.
Recent Teaching Experience Within the District.
One (1) point
23
will be awarded to each applicant who has taught in the subject
24
area for a length of time equivalent to one semester within the
25
most recent two-year period.
26
summer school assignment will be considered as equivalent to one
27
semester.
28
29
2.
Prior Non-selection.
122
For purposes of this section, a
1
a.
One point shall be awarded to an otherwise qualified
2
applicant for each year in which he/she applied but was not
3
selected in the previous two (2) years.
4
the
5
determine
6
history.
7
zero (0) to a maximum of two (2).
8
b.
9
recent
each
two-year
period
applicant’s
will
summer
be
reviewed
school
to
employment
Points for prior non-selection will range from
A unit member who declines a summer school employment offer
for which he/she has applied will not receive points for
10
non-selection.
11
c.
12
13
most
On a yearly basis,
Points awarded under this criterion shall begin accruing
with the summer session of 1998.
3.
14
Current Assignment.
a.
9-12
Summer
School/9-12
Special
Education
Summer
School.
15
One point shall be awarded to each applicant whose current
16
assignment (9-12) is in the same department as the summer
17
school course that is being offered.
18
b.
K-8 SELO/ K-8 Special Education Summer School.
One point
19
shall be awarded to each applicant whose current assignment
20
is at an elementary or middle school site.
21
c.
22
23
The maximum number of points awarded to any applicant shall
not exceed one (1) under this criterion.
4.
District
Seniority.
In
circumstances
where
more
than
one
24
applicant is equally qualified for the position, the applicant
25
with the greatest district seniority shall receive the position.
26
In the event that two or more of these applicants have the same
27
district seniority, the tie shall be broken by lot administered
28
by Association and District representatives.
29
123
District seniority
1
will be based on the first day of paid service to the District as
2
a regular (non-substitute) certificated employee.
3
C.
Procedures.
The following procedures shall be used to select unit
4
members for summer school employment.
5
1.
The
District
shall
determine
which
courses
are
to
be
offered
6
based upon student enrollment.
7
Continuing
8
sufficient student enrollment as determined by the District.
9
courses
summer
and
the
school
number
employment
of
positions
shall
to
be
be
contingent
posted
upon
The
should
be
10
determined no later than thirty (30) days prior to the end of
11
each school year.
12
2.
The
District
will
post
summer
school
vacancies.
Vacancy
13
announcements will indicate the specific course/position, summer
14
school
15
applications
16
closing date indicated on the announcement.
17
3.
Shortly
site
and
the
must
be
after
the
necessary
received
closing
at
date
credential
the
for
requirement.
personnel
office
applications,
All
by
the
the
summer
18
school administrator(s) will review the applications and match
19
the applicants’ qualifications to the courses being offered.
20
4.
21
22
Selections shall be made using the criteria indicated above from
among the qualified applicants.
5.
In
the
event
that
declining
student
enrollment
requires
the
23
consolidation of sections of the same course at a site, resulting
24
in the elimination of a teaching position at that site, the
25
directly impacted unit member with the fewest number of criteria
26
points shall be released.
27
with the least district seniority shall be released.
28
process shall apply to other district summer school programs,
29
In the event of a tie, the unit member
124
The same
1
including Independent Study.
2
6.
Unit members released from summer school employment under the
3
condition
4
having been non-selected.
5
D.
Exclusions.
described
in
Step
Five
above,
shall
be
recorded
as
The criteria and procedures for summer school staffing
6
pertain to traditional state reimbursed programs and programs that are
7
funded through categorical or alternative sources.
8
programs that require the continuing delivery of instructional services
9
from the regular school year into the summer school session shall be
Certain specialty
10
excluded.
11
ASB
12
Adaptive
13
Preschool Assessment Team, Special Day Class Functional Kills Teacher
14
and others as determined by representatives of the Association and the
15
District.
16
Such programs include Band, AVID, ROTC, Program Specialist,
Leadership,
E. Remedy.
continuing
Physical
If
the
Independent
Education,
Study,
Preschool
non-selection
of
a
Community
Special
unit
Day
member
Day
Class
is
School,
Teacher,
caused
by
an
17
unintentional error in the implementation of this procedure, the non-
18
selected
19
position when a course is next offered for which he/she is qualified.
20
The
21
determination of such an error.
22
F.
unit
District
Review.
member
and
the
shall
be
guaranteed
Association
shall
a
future
mutually
summer
agree
school
upon
the
The Parties agree to review the efficiency of this program and
23
determine its future use or necessary modification at the request of
24
either party.
25
Section 12 - Bilingual Nursing Assistance.
Any nurse(s) assigned to provide
26
on-going assistance to non-English speaking students shall receive one (1)
27
hour of extra compensation pay at the certificated hourly rate each week of
28
his/her regular work year.
29
year.
Payment shall be made at the end of the school
125
1
Section 13 - Elementary Combination Class Stipend. An annual stipend of 3.0%
2
of Column B, Step 1, shall be paid to each regular elementary classroom
3
teacher who teaches a combination grade class for at least one (1) semester
4
or an equivalent number of days during the regular school year.
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
126
1
SCHEDULE III
(EFFECTIVE JULY 1, 2014)
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
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
(A) EXTRA COMPENSATION FOR EXTRA DUTIES - SEASONAL RATES FOR COMPREHENSIVE
HIGH SCHOOL ATHLETICS
Percent
of B-1
Athletic Director
Head Football Coach
Head Basketball Coach
Head Baseball Coach
Head Softball Coach
Golf Coach
Other Head Coaches
Other Assigned Coaches
Assistant Football Coach
(summer)
(fall + spring)
(summer)
(winter)
(summer)
(spring)
(summer)
(spring)
(summer)
(summer)
(fall + spring)
(summer)
Other Assistant Coaches
(B)
11.50%
1.25
11.50
3.50
8.00
3.50
8.00
3.50
8.00
3.50
6.00
8.00
3.50
8.50
3.50
6.00
EXTRA COMPENSATION FOR EXTRA DUTIES - ANNUAL RATES
Comprehensive High School
Academic Decathlon Advisor
3.00%
ASB Advisor
11.50
Choral Music Coordinator
8.00
College Bowl Advisor
3.00
Color Guard Advisor
8.00
Data Team Leader
3.00
Drama Advisor
6.00
Drill Team Advisor
8.00
English Language Site Facilitator
1.50
Forensic Advisor
3.00
GATE Coordinator
3.00
Head Class Sponsor (freshman)
3.50
Head Class Sponsor (junior)
8.00
Head Class Sponsor (senior)
4.00
Head Class Sponsor (sophomore)
3.50
Instrumental Music Coordinator
8.50
Instrumental Music Coordinator (summer)
3.00
Journalism Advisor
8.00
Mock Trial Advisor
3.00
Model Congress Advisor
1.50
Model U.N. Advisor
1.50
Pep Squad Advisor
8.00
Positive Behavior Intervention & Support (PBIS Coordinator) 3.00
127
1
2
3
4
5
6
7
Safe Schools Site Coordinator
Student Study Team Leader + 504
Testing Coordinator
Technology Coordinator
Science Fair Coordinator
Yearbook Advisor
Continuation High School
1.50
3.00
2.50
2.00
1.00
9.00
8
9
10
11
12
13
14
15
16
17
18
19
English Language Site Facilitator
Journalism Advisor
Yearbook Advisor
Student Study Team Leader + 504
Testing Coordinator
Technology Coordinator
GATE Coordinator
Safe Schools Site Coordinator
Science Fair Coordinator
Positive Behavior Intervention & Support (PBIS Coordinator)
1.50
4.00
5.00
3.00
2.00
2.00
1.50
1.50
1.00
3.00
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
ASB Advisor
Choral Music Coordinator
Color Guard Advisor
English Language Site Facilitator
Head Grade Sponsor (eighth)
Head Grade Sponsor (seventh)
Instrumental Music Coordinator
Journalism Advisor
Yearbook Advisor
Safe Schools Site Coordinator
Student Study Team Leader + 504
Testing Coordinator
Technology Coordinator
GATE Coordinator
Science Fair Coordinator
Math Field Day Coordinator
Spelling Bee Coordinator
Positive Behavior Intervention & Support (PBIS Coordinator)
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
District Choral Music Coordinator
District Instrumental Music Coordinator
District Recreational Program Coordinator
English Language Site Facilitator
Student Study Team Leader + 504
Testing Coordinator
Technology Coordinator
GATE Coordinator
Science Fair Coordinator
Math Field Day Coordinator
Safe Schools Site Coordinator
Spelling Bee Coordinator
Academic Olympics Coordinator
Positive Behavior Intervention & Support (PBIS Coordinator)
Middle School
5.00
6.00
4.00
1.50
2.00
1.00
6.00
4.00
5.00
1.50
3.00
2.00
2.00
1.50
1.00
1.00
1.00
3.00
Elementary School
128
5.00
5.00
5.00
1.50
3.00
2.00
2.00
1.50
1.00
1.00
1.50
1.00
1.00
3.00
1
2
3
4
5
6
7
8
9
10
Other assigned extra compensation
(Student Council, Principal’s Designee,
Yearbook, Disaster Preparedness, Young
Authors - Maximum of 3 per site)
11
12
13
14
1.
Annual base per department head
plus
2.
Per period (based on first semester schedule)
(C) EXTRA COMPENSATION FOR EXTRA DUTIES - DEPARTMENT HEAD OR GROUP LEADER ANNUAL RATES
Comprehensive High School Formula
15
16
17
18
19
5.00%
1.
Annual base per department head
plus
2.00
2.
Per teacher (including department head)
.10
Elementary School Grade Level Leader Formula
1.
Annual base for each K-6 grade leader and special education leader
22
1.00
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
.07
Middle School Formula
20
21
1.00
129
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
SCHEDULE IV
(A) EXTRA COMPENSATION FOR EXTRA DUTIES - HOURLY RATE
Percent
of B-1
Adult Education Teacher, Curriculum
Development Assignment, Driver Training
Teacher, Extra Period Daily Teaching
Assignment, Home Teacher, Saturday School
Assignment, Other Hourly Assignments
(B) EXTRA COMPENSATION FOR EXTRA DUTIES - SUMMER
SCHOOL/EXTENDED YEAR RATE
Daily rate per 4.6 hour workday
(effective first workday of session)
.500
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
.084%
130
1
ARTICLE XVI
2
REIMBURSEMENTS
3
Section 1 - Loss, Damage, or Destruction of Personal Property.
4
A.
5
Coverage
1.
Personal Property.
The District shall reimburse a unit member
6
for loss, damage, or destruction to personal property of the unit
7
member such as eyeglasses, hearing aides, dentures, watches, and
8
articles
9
member
10
of
when
clothing
such
necessarily
damage
or
worn
loss
or
occurs
carried
in
the
by
the
unit
line
of
duty
without being the unit member's fault.
11
2.
Other Personal Property.
The District shall reimburse a unit
12
member for loss, damage or destruction to cash or other personal
13
property such as cassette recorders, recording tapes and books,
14
or
15
authorized in writing in advance by the Deputy Superintendent
16
Business Services and such use is directly related to performing
17
the unit member's job.
18
3.
cameras
Vehicles.
used
Loss
at
or
the
work
damage
site
to
only
unit
if
member
such
use
vehicles
has
been
parked
at
19
District facilities or at another assigned work site shall be
20
reimbursed if loss occurs while the unit member is on duty and
21
without being the unit member's fault.
22
A.
Value.
For reimbursement purposes, the value of property shall be its
23
value at the time of loss or damage.
24
to
25
occurrence except where the loss or damage involves personal property
26
authorized for use on the job when it shall be reported within two (2)
27
the
unit
member's
supervisor
131
Loss or damage must be reported
within
one
(1)
workday
of
the
1
days.
2
unit member actually reports at his/her regular work site for duty.
3
C.
For purposes of this section a day is defined as a day which a
Limitations.
Reimbursement is limited to an amount of up to $250
4
(approximate amount of an average insurance policy deductible) whether
5
or not the item involved is insured.
6
the District may choose to repair damaged personal property or replace
7
lost
8
value.
9
D.
or
destroyed
Procedures.
personal
Procedural
claims
regarding
11
receipt
reimbursement
12
sheriff's
13
estimates or quotations, etc.
reimbursement.
report,
14
Section 2 - Mileage.
15
A.
property
with
requirements
10
of
for
In lieu of a dollar reimbursement
completing
similar
established
must
be
property
of
by
District
the
fulfilled
Such
requirements
may
a
Crime/Vandalism
prior
include
report
or
like
to
the
filing
a
obtaining
Unit members who are assigned to work at more than one (1) site per
16
day,
17
vehicles in the performance of their duties shall be reimbursed at
18
either the IRS rate or the IRS/AAA average rate.
19
1.
20
21
or
who
may
be
requested
periodically
to
use
their
personal
The IRS rate shall be the current Internal Revenue Service (IRS)
allowable standard mileage rate.
2.
The IRS/AAA average rate shall be an average of the IRS rate and
22
the
23
sedan
24
American Automobile Association (AAA) for Southern California for
25
its
26
rounded to the nearest half-cent per mile.
27
published
driven
cost
per
10,000
comparison
of
mile
miles
costs.
132
or
of
the
less
The
least
annually
IRS/AAA
expensive
passenger
calculated
average
rate
by
shall
the
be
1
3.
2
3
The IRS/AAA average rate shall be calculated as of July 1 of each
year for reimbursements made on or after July 1.
B.
A unit member must choose to receive either the IRS rate or the IRS/AAA
4
average rate.
5
at the same time as the first claim for reimbursement on or after July
6
1.
7
then be reimbursed at the selected rate.
8
is made, then the IRS rate shall be used.
9
C.
10
Election of the mileage reimbursement rate must be made
All subsequent claims for that year (July 1 through June 30) will
If no reimbursement selection
Reimbursements claimed at a rate higher than the current IRS rate are
reported to the IRS as taxable income, as required by law.
11
Section 3 – Telephone.
Unit members who are required to use their personal
12
telephones for parental contacts shall be reimbursed for such long distance
13
calls.
14
Section 4 – Payment.
15
shall be paid no later than thirty (30) days after being properly submitted.
16
//
17
//
Expenses qualifying for reimbursement by the District
18
19
20
21
22
23
24
25
26
27
133
1
ARTICLE XVII
2
HEALTH AND WELFARE BENEFITS
3
Section 1 - Availability.
4
A.
The District shall make available to all full-time and certain part-
5
time members a health, dental and vision benefits program as defined in
6
this article.
7
offered to each unit member at the time of initial employment.
8
same information will be available to all unit members in subsequent
9
years
be
10
selected by and may be changed by mutual agreement of both parties.
A
11
list of available coverages may be obtained from the benefits office.
B.
The
request.
District
shall
Specific
provide
plans,
benefits
coverages
offered
and
under
carriers
The
will
12
on
A description of health and welfare benefits will be
this
Article
to
13
eligible domestic partners to the same extent that such benefits are
14
offered to spouses, subject to the provisions and requirements of the
15
insurance carriers.
16
a copy of his/her domestic partner certificate showing registration
17
with the California Secretary of State.
To establish eligibility the employee shall submit
18
Section 2 - Deductions and Payment.
19
A.
20
21
basis from the August through May payrolls as appropriate.
B.
22
23
Deductions authorized by unit members shall be deducted on a tenthly
The District shall contribute to the benefits pool an amount equal to
$8,565 times the number of FTE unit members.
C.
By September 10, the Association shall adjust unit member surcharges to
24
equal the difference between the total benefit cost and the district
25
contribution.
26
settlement has not been reached by October 1, impasse shall be mutually
27
If the above conditions are not met and a negotiated
134
1
declared.
If
impasse
2
District shall have the right to implement payroll deductions in an
3
amount equal to the total benefit cost less the combined District and
4
member
5
January) payroll.
6
incur these payroll deductions, which shall be in proportion to their
7
current surcharge level.
8
Section 3 - Insurance Periods.
9
A.
contribution.
has
not
been
Deductions
concluded
shall
begin
by
with
January
the
7M
10,
the
(end
of
Only unit members currently receiving benefits shall
The open enrollment period shall occur within 45 days prior to the
10
beginning of a plan year.
11
change
12
Unit members may not change coverage after the open enrollment unless
13
the unit member’s family circumstances have changed as defined by the
14
insurance carrier and the IRS.
15
B.
16
health
insurance
During open enrollment, unit members may
companies
and/or
voluntary
plan
selections.
Employees shall notify the District within 30 days of change of family
status to allow for any necessary changes in benefit coverage.
17
Section 4 – Other Provisions.
18
A.
All coverages of the prior year are automatically continued for each
19
qualified unit member.
20
for optional plans shall be made automatically to reflect rate changes.
21
B.
Adjustment of any necessary payroll deductions
Unit members who are absent because of illness and who have exhausted
22
their accumulated paid leave shall continue to receive full insurance
23
coverage to be paid by the District for that period of illness not to
24
exceed twelve (12) months following exhaustion of said leave.
25
26
27
C.
Unit members on District-approved leaves of absence without pay may at
their request continue to receive insurance coverage for the period of
135
1
the leave at their own expense.
2
continuing coverage rests with the unit member.
3
D.
The responsibility for maintaining
The benefits provided in this Article shall remain in effect during the
4
term of this Agreement.
Should a unit member’s employment terminate
5
during
he/she
6
insurance coverage until the end of the school year.
7
shall pay advance premiums for the continued coverage on a month-to-
8
month basis.
9
E.
the
school
year,
shall
be
entitled
to
continue
all
Such unit member
The spouse and/or dependent children of a deceased unit member who are
10
participants in a District health or dental program at the time of
11
death of a unit member shall be allowed to continue in those programs
12
for the remainder of the insurance period as defined in Section 3 above
13
plus one (1) additional year, where permitted by the carrier, by paying
14
advance premiums for the continued coverage on a month-to-month basis.
15
Section 5 - Part-Time Unit Member Benefits.
16
A.
17
18
Adult education teachers shall receive no benefits but may purchase
insurance at the District cost.
B.
Other unit members, who work less than a regular workday, or less than
19
a basic work year, shall receive benefits in the ratio that their
20
service bears to full-time.
21
to pay an amount that when added to the ratioed benefit allowance will
22
total the district contribution per FTE and will also be required to
23
pay an appropriate surcharge as defined in Section 2, Paragraph D.
24
C.
The part-time unit member will be required
Any part-time unit member with proof of health and/or dental coverage
25
elsewhere may waive any requirement to purchase health and/or dental
26
coverage through the District. A unit member once having elected to
27
136
1
waive health and/or dental coverage is responsible for notifying the
2
District if their alternative coverage is discontinued.
3
unit member may apply for coverage through the District at that time.
The part-time
4
Section 6 - District Limitations.
5
It is expressly understood that all terms and conditions of the various
6
programs available pursuant to this Article are determined by the insurance
7
carriers’ and/or providers’ respective plans and are the carriers’ and/or the
8
providers’
9
carriers’
responsibility.
and/or
administration
are
programs
subject
to
are
the
to
the
not
the
12
Section 7 - I.R.C. 125 Benefits.
13
offered pursuant to the Internal Revenue Code are Dependent Care Assistance
14
(I.R.C.-129
Guideline)
grievance
15
Guideline).
Implementation of these flexible spending accounts shall not
16
result in any additional cost to the District.
17
fees assessed to the unit members for group insurances, voluntary insurance
18
selections or I.R.C. 125 utilization.
19
I.R.C. 125 administrator.
20
Section 8 – Benefits Committee
21
A.
Additional Section 125 “Flexible Benefits”
Unreimbursed
review
not
such
respect
procedure in this Agreement or litigations against the District.
and
and
of
with
11
shall
District,
disputes
responsibility
Parties
the
all
10
The
of
providers’
Therefore,
the
Medical
Expenses
(I.R.C.-105
There shall be no District
There may be charges assessed by the
types
of
insurance
coverage,
plans,
22
carriers, and providers and any other entities providing services of
23
Health and Welfare benefits covered in the Article.
24
upon mutual agreement of the Parties.
25
26
27
B.
Changes may occur
A committee comprised of Association-selected representatives and the
Superintendent and/or designee(s) shall meet to monitor plan benefits,
137
1
charges, changes, and services provided by the companies as well as
2
other items related to any benefit covered in this Article.
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
138
1
ARTICLE XVIII
2
SUPPLEMENTAL RETIREMENT BENEFITS
3
Section 1 - Health and Dental Benefit.
4
for a retiree and dependent(s) shall be carried at the same rate and same
5
District contribution as though a full-time unit member until the retiree
6
reaches age 65 or until such time as Federal or State medical insurance
7
covers the retiree, whichever comes first.
8
A.
9
District health and dental benefits
This benefit applies only to unit members who elect to retire under the
STRS program prior to age sixty-five (65).
The unit member must have
10
completed at least ten (10) years of regular service in the District
11
immediately preceding retirement and must have reached the minimum age
12
for
13
benefit.
14
B.
retirement
under
state
law
before
he/she
is
eligible
for
this
Unpaid Special Leave of Absence granted to a unit member will not cause
15
the unit member to lose eligibility for this benefit, provided the ten
16
(10) years of full-time service requirement is met prior to retirement.
17
For the purpose of this benefit, any year the unit member works under
18
the Reduced Workload Program shall be credited as a year of regular
19
service.
20
C.
21
22
in the same manner as a unit member who has retired.
D.
23
24
A unit member on Unpaid Disability Leave is eligible for this benefit
The retiree may not return to full-time employment in the District
except by mutual consent of both the retiree and District.
E.
If the age at which a retired unit member may qualify for Federal or
25
State medical insurance increases from 65 to a higher age, District
26
health and dental benefits for the retiree and dependent(s) shall be
27
139
1
extended until the retiree reaches the higher age.
2
This provision shall apply only to unit members who meet all other
3
eligibility requirements specified in this Article and retire under the
4
STRS program after June 1, 1999.
5
Section 2 - Health Insurance Benefits After Age 65.
The District shall
6
provide retired unit members sixty-five (65) years of age and older with an
7
opportunity to buy health insurance paid in total by the retiree, to the
8
extent that such coverage is available through the District’s group plan
9
insurance carriers for active employees.
This opportunity, if available,
10
shall be given only to unit members who retired under the STRS program, and
11
who have completed at least ten (10) years of service in the District.
12
District and the Association shall not be financially responsible in any way
13
for any premiums, payments or any costs connected with the coverage beyond
14
age sixty-five (65).
15
A.
The
Retired unit members who are qualified for Medicare coverage may choose
16
one
of
the
following
options,
if
such
17
District’s group plan insurance carrier.
18
1.
a
plan
is
offered
by
the
requested,
to
Medicare Supplement Option.
19
Section 3 - Assistance.
20
The
21
representatives,
22
companies, insurance agencies or Medicare.
23
District to arrange access to a representative shall notify the District
24
Business Office in writing.
25
the name, address and phone number of a representative, or with sufficient
26
number of requests, a meeting may be established for this option.
27
District
agrees
if
to
provide
available,
reasonable
from
various
access,
agencies
if
such
as
insurance
Unit member retirees who wish the
Reasonable access may include giving the retiree
140
1
ARTICLE XIX
2
REDUCED WORKLOAD PROGRAM
3
Section 1 - Eligibility.
4
their
5
benefits based on full-time employment.
6
unit member shall meet the following prerequisites:
7
A.
work
load
from
The District may permit unit members to reduce
full-time
to
half-time
and
have
their
retirement
To qualify for this program, the
Ten years of prior full-time service, including the five (5) years
8
immediately preceding, in a position requiring certification in the
9
District.
10
B.
Attained the age of 55 prior to the beginning of the school year in
11
which the reduction in service begins.
It shall be the unit member's
12
responsibility to initiate the request for reduced service.
13
Section 2 - Application Deadline.
14
shall be executed by the unit member and the District by May 1 prior to the
15
period of reduced service.
16
with the mutual consent of the unit member and the District.
17
Section 3 - Work Load.
18
days of service required by the unit member's contract of employment during
19
his/her final year of service in a full-time position.
20
be on a half-time daily schedule or full-time for at least one-half year.
21
Section 4 - Duration.
22
limited to a period not to exceed five (5) years, and no unit member shall
23
participate after attaining the age of 65.
24
who
25
service for the balance of that year.
26
Section 5 - Retirement Contributions and Credit.
27
reaches
age
65
A written agreement for reduced service
The agreement can be revoked or modified only
Reduced service shall be one-half of the number of
Reduced service may
Agreements or contracts for part-time service are
during
the
school
141
year
Any unit member in the program
may
continue
his/her
reduced
The unit member and the
1
District
agree
2
System
3
employment.
4
school year.
5
shall receive retirement credit based on the salary actually paid in the
6
proportion that it related to the annual salary which would have been paid
7
had the employment continued.
8
Section 6 – Salary, Rights, Benefits.
9
which is one-half of the salary he/she would earn had he/she not elected to
based
to
on
submit
the
contributions
compensation
to
which
the
would
State
be
Teachers
earned
for
Retirement
full-time
Full retirement credit is not earned until the end of the full
Participants who terminate prior to these concluding periods
The unit member shall be paid a salary
10
exercise the option of part-time employment.
11
rights and benefits for which he/she or the District makes the payments,
12
including those as provided in Section 53201 of the Government Code, that
13
would be required if he/she remained in full-time employment.
14
mandated by law and additional benefits which may be granted by the District
15
to its unit member shall be applicable to any and all such unit members who
16
are on contract for reduced service.
17
//
18
//
19
20
21
22
23
24
25
26
27
142
He/she shall retain all other
All rights
1
ARTICLE XX
2
EARLY RETIREMENT INCENTIVE PROGRAM
3
Section 1 - Eligibility.
4
retire to enter into an Early Retirement Incentive Program.
5
for the program, a unit member:
6
A.
7
8
B.
C.
Shall be at least fifty-five (55) years old as of June 30 in the last
May not have reached age sixty (60) as of June 30 in the last year of
full-time employment.
D.
13
14
Shall have completed ten (10) years of prior full-time service in a
year of full-time employment.
11
12
Must be earning no less than that of a full-time unit member on Step C10 of the Basic Certificated Salary Schedule.
E.
Shall be in full-time active service during the year prior to entering
15
the
16
participating in the Reduced Workload Program.
17
To be eligible
position requiring certification in the District.
9
10
The District may permit unit members who wish to
F.
program.
Submit
a
This
letter
provision
of
intent
to
shall
enter
not
the
apply
to
program
unit
to
the
members
Deputy
18
Superintendent Personnel Services by April 1 of the last full year of
19
service.
20
G.
Apply
for
retirement
under
the
State
Teachers'
Retirement
System.
21
Concurrent with entry into the program, the unit member must resign
22
from the District.
23
Section 2 - Compensation and Work Days.
A retired unit member in this
24
program
at
25
regular teacher maximum daily rate on the Basic Certificated Salary Scheduled
26
for forty (40) days of service with less than full-time services compensated
27
will
be
employed
as
a
consultant
143
the
rate
equivalent
to
the
1
on a basis proportionate to that of full-time service (40 days).
2
retired unit member has earned a longevity increment, it will be calculated
3
as part of the maximum rate.
4
agreement will be twenty (20) with the actual number being mutually agreed to
5
by the retiree and the District.
6
the consultant's option and shall be paid at the rate specified above until
7
maximum retirement earnings as specified in Education Code Section 24214 are
8
reached.
9
(a)
10
11
If the
The minimum number of work days for consultancy
The number of work days may be increased at
Neither the District nor the consultant will make payments into the
California State Teachers' Retirement System.
(b)
Consultants
will
receive
health
and
welfare
benefits
only
as
they
12
qualify under existing Extended Health and Dental Benefit provisions of
13
negotiated Agreements or District policy.
14
Section 3 - No Permanent or Temporary Status.
15
Retirement Incentive Program, the unit member may not return to any permanent
16
or temporary employment status with the District or participate in any other
17
retirement program offered by the District (i.e., Reduced Workload Program).
18
Section 4 - Workers' Compensation.
19
are not under Workers' Compensation and should insure their own services.
20
Section
21
credentials held prior to resignation in full force and effect and registered
22
with Riverside County Office of Education.
23
Section 6 - Duties and Assignment.
24
and advice according to their training and experience as directed by the
25
District.
26
not limited to, demonstration teaching, individual and small group tutoring,
27
5
-
Credential
Following entry into the Early
As independent contractors, consultants
Requirement.
Consultants
will
maintain
all
Consultants will render special services
Examples of the types of service to be performed include, but are
144
1
research
and
program
evaluation,
in-service
education,
2
curriculum development.
3
service and its location, but the actual assignment will be determined by the
4
District.
5
Section 7 - Exclusion of Certain Duties.
6
neither be used to provide regular teaching, counseling nor other services
7
normally assigned to unit members nor will their temporary presence in a
8
classroom at a school have bearing on class-size restrictions.
9
Section 8 - Length of Program.
Consultants in this program will
To provide an incentive for early retirement,
a retiree may participate in the program as follows:
11
A.
13
B.
C.
20
Retirees
who
enter
the
program
at
age
fifty-seven
(57)
shall
be
eligible to participate for a maximum of three (3) consecutive years.
D.
18
19
Retirees who enter the program at age fifty-six (56) shall be eligible
to participate for a maximum of four (4) consecutive years.
16
17
Retirees who enter the program at age fifty-five (55) shall be eligible
to participate for a maximum of five (5) consecutive years.
14
15
and
Consultants may indicate preferences for the type of
10
12
counseling
Retirees
who
enter
the
program
at
age
fifty-eight
(58)
shall
be
eligible to participate for a maximum of two (2) consecutive years.
E.
Retirees who enter the program at age fifty-nine (59) shall be eligible
to participate for one (1) year.
21
Section 9 - Waiver.
22
requirement if it deems such a waiver to be in the best interest of both
23
parties.
24
this waiver provision.
25
Section 10 - Termination.
26
any time for any reason may be made by giving the District ten (10) days
27
The District can waive all or part of the work-days
The dollar amount of any consultancy agreement is not subject to
Termination of the contract by the consultant at
145
1
notice.
The District may terminate the contract only for breach by the
2
consultant caused by his/her refusal, failure or inability to perform the
3
services or any phase of the services in a satisfactory and timely manner.
4
Section 11 – Grievance Exclusion.
5
Agreement shall not apply to Consultants in the Early Retirement Incentive
6
Program.
7
//
8
//
The grievance procedure provisions of this
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
146
1
ARTICLE XXI
2
GRIEVANCE PROCEDURE
3
Section 1 - Definitions.
4
A.
A "grievance" is a formal, written allegation by the Association, or by a
5
unit member that he/she/it has been adversely affected by a violation,
6
misinterpretation, or misapplication of any provision of this Agreement.
7
Other
8
“Complaint Procedure” Policy 4144, 4244 and 4344. This procedure shall be
9
subject to the consultation process as permitted by the Rodda Act.
10
B.
11
12
A
claims
"grievant"
and
is
allegations
a
unit
shall
member
be
or
handled
group
of
through
unit
the
District
members
or
the
several
similar
Association, as indicated in "A" above.
C.
A
"Class
Action
Grievance"
is
a
consolidation
of
13
grievances into a single grievance.
14
authorize such consolidation and shall agree to abide by the particular
15
outcome.
16
attendance at each level of the grievance.
17
which affects any unit member(s) at more than one site may be filed at
18
Level II.
19
D.
All grievants to be included shall
Whenever practical, at least one of the grievants shall be in
A class action grievance
A "day" for the purpose of this Article, refers to any day that the
20
grievant
21
Education Center is open for business if the Association is the grievant.
22
E.
is
"Immediate
scheduled
to
Supervisor"
give
service
refers
to
to
the
the
District
principal
or
or
when
the
District
23
administrator who has immediate jurisdiction over the grievant.
24
F.
25
action or against whom action might be taken in order to resolve the
26
claim.
27
A "party in interest" is any person who might be required to take
147
1
Section 2 - Purpose.
2
A.
Nothing contained herein shall be construed as limiting the right of
3
any unit member having a grievance to discuss the matter with any
4
appropriate member of the administration, and to have the grievance
5
adjusted without intervention by the Association, provided that the
6
adjustment is not inconsistent with the terms of this Agreement, and
7
that the District shall not agree to a resolution of the grievance
8
until the Association has received a copy of the grievance and the
9
proposed
10
11
resolution
and
has
been
given
the
opportunity
to
file
a
response.
B.
Since
it
is
important
that
grievances
be
processed
as
rapidly
as
12
possible, the time limits specified at each level should be considered
13
to
14
process.
be
maximums,
and
every
effort
should
be
made
to
expedite
the
15
Section 3 - Informal Level.
The grievant, either individually or accompanied
16
by the Association-designated representative, may attempt informal resolution
17
of a grievance in conference with the appropriate administrator prior to
18
initiating a grievance.
19
Section 4 - Level I.
20
A.
Within thirty (30) days from the time the grievant learned, or should
21
have
22
complaint, the grievant must present the grievance in writing on the
23
District form to his/her supervisor.
24
concise
25
Section(s)
26
circumstances involved, the date of any informal conference, and the
27
learned,
of
statement
of
the
of
this
event
the
or
condition
148
gave
rise
to
the
This statement should be a clear,
grievance,
Agreement
which
the
violated
specific
or
Article(s)
misinterpreted,
or
the
1
2
specific remedy sought.
B.
Within five (5) days after a grievance is filed, a conference must be
3
scheduled if requested by either party.
4
may be accompanied by an advisor or representative.
5
C.
At the conference either party
The supervisor shall communicate in a clear, concise statement his/her
6
decision to the grievant and the Association in writing within six (6)
7
days after receiving the grievance.
8
Section 5 - Level II.
9
A.
In the event the grievant is not satisfied with the Level I decision,
10
he/she may appeal the decision on the appropriate District form to the
11
Superintendent or his/her designee within six (6) days.
12
shall include a copy of the original grievance, the decision rendered
13
at Level I, and a clear, concise statement of the reason(s) for the
14
appeal.
15
B.
Within five (5) days after the appeal is filed, a conference must be
16
scheduled if requested by either party.
17
may be accompanied by an advisor or representative.
18
C.
This appeal
At the conference either party
The Superintendent or his/her designee shall communicate in a clear,
19
concise statement his/her decision to the grievant and the Association
20
in writing within six (6) days after receiving the grievance.
21
Section 6 - Level III.
22
District and the grievant may, by mutual agreement, elect to submit the
23
grievance
24
agreement prior to proceeding to Level IV.
25
the grievance to mediation, the District shall contact the California State
26
Conciliation Service and request that a mediator be appointed.
27
to
mediation
Within the time limits for appeal to Level IV, the
to
attempt
to
149
resolve
the
grievance
by
informal
If there is agreement to submit
The mediation
1
shall be limited to a total of eight (8) hours unless the Parties agree to a
2
continuance.
3
possible, settle the dispute.
The mediator, however, shall not have the
4
power
a
5
settlement on the Parties.
6
(other
7
confidential, shall not be considered precedential in nature, and shall not
8
be admissible in any future court, administrative proceeding, or additional
9
step
or
authority
than
in
The Parties shall attempt to reduce outstanding issues, and if
the
those
to
render
already
grievance
decision
on
the
issue(s)
or
impose
a
Any statements made during the mediation process
documented
procedure.
If
at
Levels
mediation
I
does
and
not
II)
shall
be
satisfactorily
10
resolve the grievance, the Association may appeal the grievance to Level IV
11
within ten (10) days of the last mediation session.
12
Section 7 - Level IV.
13
A.
If the grievant is not satisfied with the disposition of the grievance
14
at the previous level, the Association may, within ten (10) days of
15
receipt
16
District of its intent to submit the grievance to arbitration.
17
notice shall include a copy of the original grievance, the decisions
18
rendered, and a clear statement of the reason(s) for the appeal and the
19
remedy sought.
20
arbitrator within three (3) days, the District shall then request the
21
California State Conciliation Service to provide a list of seven (7)
22
arbitrators from which the Parties shall strike alternately until only
23
one (1) name remains, with the first strike determined by a flip of a
24
coin.
25
26
27
B.
of
the
District's
reply,
submit
a
written
notice
to
the
Such
If the District and the Association cannot agree on an
The remaining name shall be the arbitrator.
The arbitrator shall, as soon as possible, hear evidence and render a
decision on the issues submitted to him/her.
150
The arbitrator shall
1
consider only those issues which have been properly carried through all
2
prior steps of the grievance procedure.
3
upon a submission agreement, the arbitrator shall determine the issues
4
by referring to the written grievance and the answers at each step.
5
C.
The
arbitrator's
decision
must
be
If the Parties cannot agree
limited
to
the
specific
issue(s)
6
submitted to him/her, and based on the arbitrator's interpretation of
7
meaning
8
arbitrator's decision will be in writing and will set forth findings of
9
fact, reasoning and conclusions.
and
application
of
the
language
in
the
Agreement.
The
The arbitrator in rendering his/her
10
opinion will have no power or authority to add to, subtract from, or to
11
alter, amend, change or ignore any of the terms and conditions of this
12
Agreement or any applicable rules, regulations or policies.
13
D.
The arbitrator's decision will be accepted as final and binding on the
14
District and the grievant unless it is violative of applicable law or
15
it is the product of clear bias, self-interest, or fraud on the part of
16
the arbitrator.
17
E.
The costs of the compensation to the arbitrator and the reimbursement
18
of the arbitrator's travel and subsistence expenses, as well as the
19
cost of a hearing room, will be borne equally by the District and
20
Association.
21
them.
All other costs will be borne by the Parties incurring
22
Section 8 - Guidelines Applicable to All Grievances.
23
A.
All
grievance
proceedings
shall
be
kept
as
confidential
as
24
appropriate at all levels of the procedure.
25
B.
26
filed separately from the personnel files of the participants.
27
may
be
All records dealing with the processing of grievances shall be
151
1
C.
2
3
The time limit specified in the procedures may be extended in any
specific instance by written agreement of both Parties at any level.
D.
If
a
grievance
arises
from
the
action
of
an
authority
above
the
4
supervisorial level, the unit member may present his/her grievance at
5
the next higher level.
6
E.
If the procedure is not completed within the specified time by the
7
appropriate management level handling it, the grievant may proceed to
8
the next level.
9
F.
If the procedure is not completed within the specified time by the
10
grievant,
11
level at which the procedure has been completed.
12
G.
No
the
grievance
reprisals
of
any
will
kind
be
will
considered
be
resolved
taken
by
any
at
the
unit
highest
member
or
13
representative of the administration or the Board or by the Association
14
against
15
Association
16
reason of such participation.
17
H.
any
grievant,
or
any
any
other
party
participant
required
19
without a representative present.
I.
21
22
interest,
in
the
any
member
grievance
of
the
procedure
by
No party of interest at any stage of the grievance procedure will be
18
20
in
Any
party
to
of
meet
with
interest
any
shall
administrator
have
the
concerning
right
to
call
the
and
grievance
question
witnesses.
J.
When it is necessary for a representative designated by the Association
23
to attend a grievance meeting or hearing during the work day, he/she
24
shall be released without loss of pay in order to participate in the
25
foregoing activities upon notice to his/her appropriate supervisor by
26
the Association President.
27
Any unit member who is requested to appear
152
1
in such scheduled meetings or hearings as a witness will be accorded
2
the same right.
3
K.
Forms for filing grievances, serving notice, taking appeals, making
4
reports, recommendations and other necessary documents will be prepared
5
jointly by the Superintendent or his/her designee and the Association
6
and given appropriate distribution by the District and the Association
7
to facilitate operation of the grievance procedure.
8
provide such forms.
9
//
10
//
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
153
The District shall
1
ARTICLE XXII
2
PEER ASSISTANCE AND REVIEW
3
Section 1-Purpose
4
A.
The
Peer
Assistance
certain
Program
teachers
6
areas of teaching methods and instruction.
B.
assist
Review
5
7
to
and
permanent
(Program)
and
beginning
allows
exemplary
teachers
in
the
The Program shall not involve the participation in nor the conducting
8
of the annual evaluation of certificated unit members as set forth in
9
Article
IX
of
the
Collective
except
for
making
(Agreement)
11
evaluator the results of some teachers’ participation in the Program.
12
Section 2 - Definitions For Purposes of this Document
13
A.
available
and
Education
44660,
seq.,
Agreement
10
Code
et
Bargaining
to
“Classroom Teacher” or “Teacher”
14
Any
15
Article
16
Procedures/Teaching Unit Members).
17
Section 1, Part D are not teachers for purposes of this document.
18
B.
member
of
IX,
the
certificated
Section
1,
Part
bargaining
C
the
who
is
Agreement
defined
by
(Evaluation
“Participating Teacher”
A
20
document to participate in the Program.
C.
of
unit
Unit members defined by Article IX,
19
21
the
permanent
teacher
who
either
volunteers
or
is
required
by
this
“Voluntary Participating Teacher”
22
Any permanent teacher not required to participate in the Program and
23
who
24
Consulting Teacher’s assistance.
25
26
27
D.
wants
to
engage
in
a
professional
growth
activity
utilizing
“Participating Teacher With An Unsatisfactory Evaluation”
A classroom teacher with permanent status whose most recent performance
154
a
1
evaluation contains two or more unsatisfactory ratings in the areas of
2
teaching methods and instruction.
3
E.
“Consulting Teacher”
4
An exemplary teacher with permanent status who meets the requirements
5
of Section 7, Paragraph A of this document and who is selected by the
6
Joint Panel to provide Program assistance/review to a Participating or
7
Beginning Teacher.
8
F.
9
“Beginning Teacher”
Any classroom teacher having probationary or temporary status, or any
10
District
11
according to Education Code Sections 44259.
12
G.
teaching
intern
participating
in
a
program
established
“Teaching methods and instruction”
13
Those
14
Standards #1,3 and 4 as described in Article IX, Section 1, Part C of
15
the Agreement and on the Teacher Unit Member Evaluation Form.
16
H.
areas
of
a
teacher’s
performance
evaluation
represented
by
“Principal” or “Evaluating Principal”
17
The certificated administrator appointed by the District to evaluate a
18
certificated teacher.
19
Section 3 - Program Outline For Participating Teacher With An Unsatisfactory
20
Evaluation (Refer also to Diagram ”1”)
21
A.
Any permanent teacher with two or more unsatisfactory ratings on the
22
standards
23
participate in the Program.
24
B.
The
listed
Consulting
in
Section
Teacher’s
2,
Paragraph
assistance
and
G
of
review
this
shall
document
focus
must
on
the
25
specific areas targeted for improvement by the Participating Teacher’s
26
principal after the Participating Teacher receives the unsatisfactory
27
155
1
rating.
2
1.
The principal’s recommendations shall be written, aligned with
3
student
4
Education Code Section 44662.
5
considered as the performance goals required by Education Code
6
Sections 44664 (a) and 44500 (b) (2).
7
2.
The
learning,
Principal
8
Participating
9
areas
10
of
clearly
and
the
Teacher
stated,
consistent
with
These recommendations shall be
Consulting
shall
improvement
and
meet
outlined
Teacher
and
by
assigned
discuss
the
the
Principal
to
the
targeted
and
the
Principal
are
assistance they shall endeavor to provide.
11
3.
The
Consulting
Teacher
and
the
evaluating
12
expected to establish a cooperative relationship regarding the
13
Program
14
Evaluation.
15
4.
For
Participating
Teachers
With
An
Unsatisfactory
The Consulting Teacher and the Participating Teacher shall
16
meet to discuss the plan for assistance in the targeted areas.
17
After that meeting, the Consulting Teacher will provide the
18
assistance
19
document,
20
classroom observations of the Participating Teacher.
21
C.
The
Consulting
set
which
Teacher
the
in
shall
shall
Section
also
submit
teacher’s
to
7,
Paragraph
involve
the
conducting
Joint
Panel
in
a
the
of
this
multiple
written
report
23
consisting solely of: (1) a description of the assistance provided by
24
the Consulting Teacher; and (2) a description of the results of the
25
assistance in the targeted areas.
26
the Joint Panel before April 1 each year, with a copy provided to the
156
participation
F
22
27
evaluating
forth
Program
This report shall be submitted to
1
2
Participating Teacher.
D.
Before May 1 of each year the Joint Panel will make available the
3
results of the teacher’s participation in the Program for use as part
4
of
5
teacher’s personnel file if included by the Principal as part of the
6
annual evaluation.
7
E.
the
teacher’s
evaluation.
The
results
may
be
placed
in
the
The teacher will continue participating in the Program until the Joint
8
Panel determines the teacher no longer benefits from participation in
9
the Program, or the teacher meets or exceeds evaluation standards, or
10
11
the teacher is separated from the District.
F.
The Joint Panel will make an Annual Report to the Governing Board
12
regarding Program participants, including forwarding the names of the
13
permanent teachers with unsatisfactory evaluations who, after sustained
14
assistance, are unable to demonstrate satisfactory improvement.
15
Section 4 - Program Outline For Beginning Teachers (Refer also to Diagram
16
“2”)
17
A.
A Consulting Teacher will be assigned to one or more Beginning Teachers
18
to provide assistance and mentoring, including that provided under the
19
Marian Bergeson Beginning Teacher Support and Assessment System (BTSA)
20
according to Education Code Sections 44279.1, et seq.
21
B.
During the Beginning Teacher’s first year the Consulting Teacher shall
22
include assistance in the area of the District’s Teaching Standards.
23
During the second year and subsequent years, the Consulting Teacher will
24
focus the assistance in the areas listed by the evaluating Principal as
25
needing improvement and/or assistance.
26
27
C.
A Beginning Teacher may request assistance from the Consulting Teacher in
157
1
2
additional area(s) of perceived need.
D.
3
4
The
Consulting
Teacher
and
the
evaluating
Principal
shall
have
a
cooperative relationship regarding the Program for Beginning Teachers.
E.
Beginning Teacher participation in the Program is not legally mandated.
5
Therefore, neither the Consulting Teacher nor the Joint Panel will make
6
written reports regarding individual Beginning Teachers, nor forward to
7
the Board the names of individual Beginning Teachers who participated in
8
the Program.
9
Section 5 - Program Outline For Voluntary Participating Teachers (Refer also
10
to Diagram “3”)
11
A.
Voluntary Participating Teachers are individuals who wish to grow and
12
learn with the assistance from a peer, or who may be seeking assistance
13
due to a change in assignment or the institution of new curriculum.
14
Program
15
application of certain teaching skills or the acquisition of new subject
16
matter.
17
B.
18
19
Voluntary
Participating
Teachers
will
focus
on
practical
The Joint Panel will accept requests from volunteers and determine if
they will be accepted into the Program.
C.
20
21
for
The
The Joint Panel shall determine the type and scope of any assistance to
be provided to a Voluntary Participating Teacher.
D.
The
Consulting
Teacher
and
the
Voluntary
Participating
Teacher’s
22
Principal shall have a cooperative relationship regarding the Program for
23
Voluntary Participating Teachers.
24
E.
Permanent teachers with satisfactory performance are not mandated by law
25
to participate in the Program.
26
nor the Panel will forward to the Governing Board
27
Therefore, neither the Consulting Teacher
158
1
2
the names of volunteer teacher participants.
F.
3
A Voluntary Participating Teacher may terminate his/her participation in
the Program at any time.
4
Section 6 - Joint Panel
5
A.
The Peer Assistance and Review Program will be administered by a Panel
6
consisting of seven (7) members, four (4) certificated classroom teachers
7
appointed by the Association, and three (3) administrators appointed by
8
the District.
9
years.
10
B.
A Panel member’s term shall be no more than three (3)
Panel members may be reappointed once their term has expired.
The Joint Panel shall establish its own meeting schedule.
Five (5) Panel
11
members will constitute a quorum for purposes of meeting and conducting
12
business.
13
the Joint Panel shall require an affirmative vote of at least five (5)
14
members.
15
16
C.
Except for the selection of Consulting Teachers, actions of
The Joint Panel is responsible for:
1.
Establishing internal operating procedures and regulations necessary
17
to
carry
18
document,
19
chair;
out
the
including
requirements
a
procedure
of
for
the
Education
selecting
Code
the
and
Joint
this
Panel’s
20
2.
Developing the annual Program;
21
3.
Developing a Program budget for Board approval;
22
4.
Selecting, assigning, and overseeing the Consulting Teachers;
23
5.
Coordinating training for Consulting Teachers, for Panel members, and
24
25
26
27
where appropriate, for Participating Teachers;
6.
Sending
written
notification
of
needed;
159
participation
in
the
Program
as
1
7.
Reviewing Consulting Teacher’s reports on Participating Teachers with
2
permanent status referred to the Program because of unsatisfactory
3
evaluations;
4
8.
Providing the results of a teacher’s participation in the Program for
5
use
6
applies
7
evaluation.
8
9.
9
as
part
only
of
the
to
a
teacher’s
annual
Participating
evaluation.
Teacher
with
This
an
provision
unsatisfactory
Assessing the effectiveness of the Consulting Teachers;
10. Submitting
to
the
an
effectiveness,
Annual
Evaluation
including
on
the
Program’s
11
regarding Participating Teachers with unsatisfactory evaluations, and
12
if necessary, forwarding names of individuals who, after sustained
13
assistance, are unable to demonstrate satisfactory improvement.
D.
and
Board
10
14
impact
Governing
recommendations
The Panel shall use the following procedure for developing the annual
15
Program plan and recommending a budget:
16
1.
By March 1st of each fiscal year the Panel will develop a Program and
17
recommend a budget for the succeeding year, which will include:
18
(a)
The estimated state revenues for the Program.
19
(b)
The estimated expenditures, involving:
20
(1) Projected number of Participating Teachers;
21
(2) Projected number of Beginning Teachers;
22
(3) Projected
23
(full
and
part-time)
number
of
Consulting
Teachers needed to service the projected need;
24
(4) Released time for the Panel and Consulting Teachers;
25
(5) Pay
26
27
for
Panel
members
and
Consulting
Teacher
that
consistent with the pay parameters established by the
160
is
1
negotiating parties; and
2
(6) Projected costs for training, administrative overhead,
3
secretarial support and if necessary, legal and consulting
4
assistance.
5
E.
6
7
The Joint Panel will immediately take appropriate action should a panel
member receive an unsatisfactory evaluation.
F.
An administrative member of the Joint Panel will abstain from all Joint
8
Panel matters concerning a Participating Teacher who he/she has given an
9
unsatisfactory evaluation.
10
Section 7 - Consulting Teachers
11
A.
12
Minimum qualifications for Consulting Teacher:
1.
A credentialed classroom teacher with permanent status and a minimum
13
of five years recent teaching experience, at least three (3) years of
14
which have been in the District;
15
2.
Demonstrated exemplary teaching ability, as indicated by, among other
16
things, effective communication skills, subject matter knowledge, and
17
mastery of a range of teaching strategies necessary to meet students’
18
needs in different contexts;
19
20
3.
B.
Ability to work cooperatively and effectively with others.
A Consulting Teacher may be assigned on a full-time, part-time, or extra-
21
work basis, depending on the needs of the Program as determined by the
22
Joint Panel.
23
C.
The recruitment and selection of Consulting Teachers shall be coordinated
24
by the Joint Panel.
25
work site.
26
which shall include at least two (2) references from individuals who have
27
Consulting Teacher vacancies shall be posted at each
Each applicant will be required to submit an application,
161
1
direct
2
reference from a Principal is preferred, although not necessary.
3
applications and references will be treated with confidentiality and will
4
not be disclosed except as required by law.
5
the
6
(1)).
7
include
8
candidates.
9
grievance procedure.
10
D.
The
knowledge
of
selections(s)
the
by
applicant’s
majority
vote
abilities
for
the
position.
A
All
The Joint Panel will make
(Education
Code
Section
44502(c),
The Panel’s procedures for selecting Consulting Teachers shall
provisions
Joint
for
classroom
observation
of
Consulting
Teacher
The selections of the Panel are final and not subject to the
Panel
will
determine
the
for
assigning
Teachers each year.
12
workload
13
Provider assistance under the BTSA Program.
14
weeks of the regular school year, either the Consulting Teacher or the
15
Participating Teacher may petition the Panel for an assignment change for
16
good reasons.
17
per year.
18
E.
by
Consulting
shall be given
Consulting
11
assumed
Consideration
process
Teachers
assigned
to the additional
to
provide
Support
Within the first six (6)
The Participating Teacher shall be allowed only one change
A Consulting Teacher’s term will be no more than three (3) years.
A
19
Consulting Teacher may reapply and be reappointed once his/her term has
20
expired.
21
F.
After completing service as a full-time Consulting Teacher, the teacher
22
shall be placed in the same assignment previously held or in a comparable
23
assignment.
24
G.
Consulting Teachers shall provide assistance to Participating Teachers
25
which may include, but not be limited to, the following activities:
26
1.
27
Providing consultative assistance to improve in the
162
1
specific areas targeted by the evaluating Principal, the District
2
Teaching Standards, or other areas of agreed upon perceived need.
3
2.
4
as
a
BTSA
Support
Provider
when
assigned
an
appropriate
Beginning Teacher(s);
5
3.
6
Observing
the
Participating
Teacher
during
periods
of
classroom
instruction;
7
4.
8
Allowing the Participating Teacher to observe the Consulting Teacher
or other selected teachers;
9
5.
10
Attending specific training in specified teaching techniques or in
designated subject matter;
11
12
Serving
6.
H.
Demonstrating good practices to the Participating Teacher.
Consulting Teachers shall maintain appropriate written records of each
13
Participating
Teacher’s
activities
and
progress
14
written report as prescribed in Section 3,C, of this document.
15
Section 8 - Budget Priorities and Considerations
16
A.
The
Program
resources
be
Participating
utilized
Teachers
in
the
with
an
unsatisfactory evaluation; second, for Beginning Teachers; third, for
19
Voluntary Participating Teachers.
The District shall not be required to allocate funds for the programs set
21
forth
22
legislature
23
subject to continued funding.
C.
the
shall
a
18
24
for
budget)
complete
following
B.
first,
the
shall
17
20
priority:
(i.e.,
and
in
this
for
document
in
addition
implementation.
to
those
Continuation
funds
of
the
provided
PAR
by
Program
the
is
For purposes of budgeting, the cost of releasing Consulting Teachers for
25
service in the Program shall, at the maximum, be computed on the basis of
26
a Column B, Step 1 replacement temporary teacher plus benefits and fixed
27
163
1
2
costs.
D.
Joint Panel members shall receive an annual stipend of three thousand
3
five hundred dollars ($3,500) and work an additional two (2) days; the
4
chairperson shall receive five thousand dollars ($5,000) and work an
5
additional two (2) days.
6
E.
Consulting
Teachers
shall
receive
a
minimum
yearly
stipend
of
four
7
thousand three hundred dollars ($4,300) and shall work up to five (5)
8
additional days each year on Program related matters as assigned by the
9
Joint Panel.
10
11
The Joint Panel will attempt to balance the work load of
Consulting Teachers as it deems practical.
F.
12
The
Joint
Panel
may
appropriately
prorate
stipends
for
partial
service.
13
Section 9 - Other Provisions
14
A.
Functions
performed
members
who
perform
management
functions
as
or
under
supervisory
this
defined by California Government Code Section 3540.1(g) and (m).
members
either
unit
16
Unit
constitute
certificated
shall
B.
not
by
15
17
year
Consulting
document
functions
Teachers
or
as
Panel
18
members under this document shall have the same protection from liability
19
and
20
pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the
21
California Government Code.
22
C.
All
access
to
documents
and
be
defense
information
as
other
relating
personnel
the
school
employees
participation
25
(Government Code Section 6250, et seq.).
26
Program’s impact, excluding any information on identifiable individuals,
the
164
California
and
subject
this
personnel
of
matter
in
24
exemption
a
to
public
Program
records
regarded
as
23
27
will
appropriate
Public
to
the
Records
Act
The annual evaluation of the
1
2
shall be subject to disclosure under the Public Records Act.
D.
3
4
All parts of the selection process of Consulting Teachers will be treated
as confidential and will not be disclosed except as required by law.
E.
All confidential Documents for the Peer Program shall be maintained in
5
the personnel office separately from the individual personnel records,
6
except as set forth in Section 3, Paragraph F above.
7
F.
Nothing herein shall modify, or in any manner affect the rights of, the
8
Governing Board/District under provisions of the Education Code relating
9
to
the
employment,
classification,
retention
or
non-reelection
of
10
certificated employees.
11
the
12
and/or unprofessional conduct pursuant to Education Code Section 44938.
13
G.
A
District’s
Participating
right
Likewise, nothing herein shall modify or affect
to
Teacher
issue
notices
shall
have
of
the
unsatisfactory
right
to
performance
appear
with
14
representation by NEA-J before the Joint Panel to present his/her point
15
of view concerning any report being made.
16
H.
Grievances concerning the Program shall be limited to a claim that the
17
procedures
18
grievance shall challenge the Joint Panel’s judgment in implementing the
19
Program.
20
I.
21
specified
in
this
document
//
23
//
24
25
26
27
not
been
followed.
No
The Program may be revised by the mutual consent of the District and
Association.
22
have
165
1
ARTICLE XXIII
2
RESTRUCTURING
3
Section 1 - Board and Association Agreement.
4
changes in the status quo, the Parties agree to negotiate those proposed
5
changes which fall within the scope of bargaining.
6
Further, since this may be a continuing process, the Parties agree to the
7
following
8
requests.
9
A.
guidelines
to
assist
Association Procedure.
be
used
when
in
Since restructuring entails
implementation
of
any
Agreement
waiver
The Parties agree that the following procedures
10
shall
unit
members
submit
proposed
waivers
of
11
collective bargaining Agreement to the Association for its approval.
12
1.
the
The Agreement waiver that is being proposed must be reviewed by
13
the school site faculty.
14
the entire faculty is affected, the affected body must review the
15
proposal.
16
the
17
faculty group will be necessary for the waiver request to be
18
considered by the Association and the District.
19
be conducted by the Association.
20
2.
entire
In the case that a group smaller than
A two-thirds (2/3) affirmative secret ballot vote of
affected
school
site
faculty
or
affected
smaller
Balloting will
The current Agreement language recommended for waiver must be
21
identified and submitted to the Association in writing along with
22
the waiver request.
23
24
3.
The proposed alternative language, if any, must be submitted to
the Association along with the waiver request.
25
The procedures specified in this subsection are considered internal to
26
the Association and are therefore specifically excluded from the
27
166
1
2
grievance procedure.
B.
Waivers.
When
restructuring/education
3
Agreement
4
Administration Committee.
5
C.
waivers
Written Agreement.
the
District
will
reform
refer
proposals
them
to
require
the
Contract
All agreements to modify, amend or otherwise change
6
Agreement
provisions
7
Parties.
Each Party will determine its own procedures for ratifying
8
any written agreements which modify existing Agreement provisions.
9
10
will
be
by
mutual
written
agreement
of
the
Section 2 - Contract Administration Committee.
A.
Structure.
The Parties agree to establish a Contract Administration
11
Committee composed of the Superintendent and the Association President
12
or designees plus two (2) additional representatives appointed by each
13
Party.
14
B.
Purpose.
The purpose of this committee shall be to meet periodically
15
as
16
issues related to this Article which may arise from time to time during
17
the term of this Agreement.
18
C.
needed
and
Authority.
mutually
The
agreed,
committee's
to
resolve
Agreement
authority
to
administration
resolve
Agreement
19
administration issues is subject to ratification by the Association and
20
the District.
21
D.
Duration.
Changes
in
the
Agreement
that
are
approved
by
the
22
Association and the District shall be in existence for a period of one
23
(1)
24
chooses
25
procedures in Section 1 must be followed.
26
27
E.
year
unless
to
specifically
resubmit
Meeting Schedule.
the
agreed
waiver
to
otherwise.
request
to
the
If
the
Association,
The committee shall meet as determined by the
167
faculty
the
1
Superintendent
2
locations shall be by mutual agreement.
3
F.
4
Communication.
and
the
Association
//
6
//
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Meeting
times
and
Minutes of meetings shall be kept and distributed as
each Party deems appropriate.
5
President.
168
1
ARTICLE XXIV
2
NO STRIKE/NO LOCKOUT
3
Section 1 - Understanding.
4
A.
It is agreed and understood that the Association will not call or
5
participate
in
6
Agreement.
The Association recognizes the duty and obligation of its
7
representatives to comply with the provisions of this Agreement and
8
make every reasonable effort toward inducing all unit members to do so.
9
In the event unit members represented by the Association participate in
work
or
stoppage
work
during
stoppage
the
during
term
of
the
of
Association will in good faith take appropriate steps to encourage a
12
cessation of such action.
Agreement.
15
resolve disputes during the term of this Agreement.
17
Both Parties agree to utilize the grievance procedures to
These clauses shall remain in effect during the term of this Agreement
except when any contractually provided reopeners are being negotiated.
18
//
19
//
20
21
22
23
24
25
26
27
28
the
The District agrees not to engage in a lockout during the term of this
14
C.
Agreement,
this
11
16
this
term
a
B.
or
strike
10
13
strike
a
169
1
ARTICLE XXV
2
SAVINGS
3
Section 1 - Invalidation By External Agency.
4
Agreement,
there
5
regulation,
or
6
jurisdiction
7
enforcement
8
suspended immediately but only to the extent required by the law, rule,
9
regulation, or order.
order
which
of
exists
any
any
issued
shall
applicable
by
an
render
provision
of
law
external
invalid
this
If, during the life of this
or
or
any
governmental
restrain
Agreement,
such
applicable
rule,
authority
having
compliance
with
or
provision
shall
be
Such invalidation of a part of this Agreement shall
10
not invalidate any remaining parts of this Agreement.
11
Section 2 - Restoration.
12
subsequently
13
benefits shall be restored to all affected unit members retroactive to the
14
date of the initial ruling, if both rulings occur within the life of this
15
Agreement or if retroactivity is required by the ruling.
16
Section 3 - Duty to Bargain.
17
an external authority of any provision of this Agreement, the parties shall,
18
upon request of either party, meet and negotiate within thirty (30) days
19
after such request for the purpose of arriving at a mutually satisfactory
20
replacement for such provision.
21
Section 4 - Technical Changes.
22
or reorganize sections of codes, laws, policies or regulations cited in this
23
Agreement shall be reflected in this Agreement without further negotiation.
24
//
25
//
overturned
Should such laws, rules, regulations or orders be
by
a
higher
court,
28
rights,
privileges,
and
In the event of suspension or invalidation by
Any action by a legislative body to renumber
26
27
all
170
1
ARTICLE XXVI
2
COMPLETION OF MEET AND NEGOTIATION
3
Section
1
4
Association and the District, all provisions of this Agreement will be put
5
into effect and shall remain in effect for the term of the Agreement.
6
shall be no alteration except by mutual consent of the Parties.
7
Section 2 – Negotiation for Following Years.
8
preclude the Parties from meeting and negotiating for the purpose of arriving
9
at a new or amended Agreement for following years.
3
–
–
Ratification.
ratification
this
Agreement
by
the
There
Nothing in this Article shall
Section
11
governmental authority having jurisdiction over the District requires such
12
reopening.
13
Section 4 – Printing and Distribution.
14
by both Parties, the District will print and deliver to the Association
15
enough
16
seventy-five (75) copies for Association use.
17
copy of the Agreement as ratified to each unit member.
18
//
19
//
for
each
Negotiations
of
10
copies
Reopening.
Upon
member
of
the
20
21
22
23
24
25
26
27
171
shall
reopen
if
any
external
After ratification of this Agreement
bargaining
unit
and
an
additional
The Association will deliver a
1
ARTICLE XXVII
2
NEGOTIATION PROCEDURES
3
Section 1 - Next Negotiation.
4
the expiration year of this Agreement the Parties will begin the negotiation
5
process in accordance with state law for the purpose of reaching a subsequent
6
agreement.
7
Section 2 - Scheduling.
8
times and places within five (5) workdays of a request by either Party.
9
Section 3 - Representatives.
respective
Not later than the third Monday in March of
Negotiations shall take place at mutually agreeable
The District and the Association may discharge
10
their
11
individual representatives, or committees.
12
Section 4 - Released Time.
13
A.
The
negotiating
Association
shall
duties
by
designate
means
of
authorized
representatives
who
officers,
shall
receive
14
released time without loss of compensation or sick leave to attend
15
negotiation
16
full-day increments.
17
available for such purposes.
18
B.
and/or
impasse
proceedings.
Released
time
shall
be
in
One hundred (100) unit member work days shall be
Additional days may be granted as needed.
Association representatives who attend a full-day negotiation session
19
that continues beyond 10:00 p.m. shall receive a released day without
20
loss of compensation or sick leave on the day following the session
21
unless it is a non-scheduled work day.
22
Section 5 - Agendas.
23
two spokespersons.
24
one (1) session in which case it shall be moved to the next session's agenda.
25
Section 6 - Observers or Substitutes.
26
prior to the presence of any observer, substitute or consultant at a
27
The agenda for each session shall be developed by the
Either Party may withdraw any item from the agenda for
Either Party shall give notice the day
172
1
bargaining session.
2
Section 7 - Outside Aids.
3
consultants, stenographers and/or audio/visual equipment to assist in the
4
negotiations.
5
may be made.
6
Section 8 - Public Documents.
7
a copy of any public document requested by the Association which might be
8
useful in the negotiation process.
9
reproduction may be levied.
Either Party may use the services of outside
However, no mechanical or electronic record of negotiations
The District will provide the Association with
A charge not to exceed the actual cost of
10
Section 9 - Salary Placement.
11
Association
12
Certificated Salary Schedule.
13
the Association with the projected placement of all unit members for the
14
following year.
15
Section 10 - Proposals.
16
included
17
negotiations by the other Party.
18
Section 11 - News Releases.
19
except after completion of impasse procedure.
20
Party from routinely communicating with its constituency.
21
Section 12 - Tentative Agreements.
22
each Article.
23
unless an obvious error is made.
24
written proposals.
25
dated by both spokespersons.
26
Section 13 - Ratification.
27
with
as
part
the
of
If requested, the District shall furnish the
February
an
placement
of
all
personnel
on
the
Basic
In addition, the District in May shall furnish
Any proposal of a substantial nature that was not
initial
proposal
may
be
excluded
from
current
All public news releases shall be made jointly
This does not preclude either
Tentative Agreement will be reached on
A tentative agreement means that the Article is completed
Tentative Agreements will only apply to
Tentative Agreements will be signed or initialed and
After tentative agreement on the entire
173
1
Agreement, it will be subject to ratification by the Association and the
2
Board of Education.
3
ratification by its constituents.
4
first.
5
Section 14 – Contract Management Committee.
6
A.
Structure.
Each Party will make a good faith effort to secure
The
Parties
The Association will seek ratification
agree
to
establish
a
Contract
Management
7
Committee composed of the Superintendent and the Association President
8
or their designees plus up to two (2) additional representatives each.
9
B.
Purpose.
The purpose of the committee shall be to meet to resolve
10
issues related to the Agreement which may arise during the term of this
11
Agreement.
12
C.
13
14
The committee’s authority to resolve Agreement issues is
subject to ratification by the Association and the District.
D.
15
16
Authority.
Meeting
Schedule.
Meeting
times
locations
shall
be
by
mutual
agreement.
E.
17
Communications.
Minutes of meetings shall be kept and distributed, as
each Party deems appropriate.
18
//
19
//
20
21
22
23
24
25
26
27
and
174
1
NATIONAL EDUCATION ASSOCIATION - JURUPA
2
Executive Board
3
2012-2013
4
President, Rob Liddle
North Elem. Director, Tracey Douglas
5
Vice-President, vacant
South Elem. Director, Tiffany Coleman
6
Secretary, Carolyn Snow
West Elem. Director, vacant
7
Treasurer, Wendy Eccles
East Elem. Director, Maurice Castro
8
East Secondary Director, George Monge
Middle Sch. Director, Doug Stevens
9
West Secondary Director, Mark Saugstad
10
North Secondary Director, Kristina Moore
11
12
13
Office Address:
4651 Brookhollow Circle, Suite A, Jurupa Valley, CA
14
Office Phone:
(951) 681-7997
15
Website:
neaj.org
16
FAX:
(951) 681-7999
17
Office Hours:
M-F 8:00 a.m. – 4:30 p.m.
18
Citrus Belt UniServ:
19
Mike Kress, UniServ Director
Jolene Tripp, UniServ Director
20
21
22
23
//
175
92509
APPENDIX
TABLE OF CONTENTS
Number
1.
Page
Sexual Harassment
2
(Board Policy and Regulation 4119.11, 4219.11, and 4319.11)
2.
Individual Employee Complaint Procedure
7
(Board Policy and Regulation 4144, 4244 and 4344)
3.
Notification to Teacher of Student Discipline Matters (Procedure 242) 12
4.
Evaluation and Assessment Elements (Teaching Unit Member)
14
5.
Observation Form (Teaching Unit Member)
16
6.
Evaluation Form (Teaching Unit Member)
19
7.
Evaluation and Assessment Elements (Non-Teaching Unit Member)
22
8.
Observation Form (Non-Teaching Unit Member)
23
9.
Evaluation Form (Non-Teaching Unit Member)
25
10. PAR Flow Charts
27
11. Basic Information Regarding Sick Leave
30
12. Basic Information Regarding Maternity Leave
33
13. Questions Regarding Family & Medical Leave
36
14. Questions Regarding Part-Time Employment and Shared Assignment
38
15. School Calendar 2014-2015
40
16. Advanced Service Credit for Early Retirement
46
Jurupa Unified School District
BP 4119.11
4219.11
4319.11
1 of 2
PERSONNEL
SUBJECT: Sexual Harassment
The Governing Board prohibits sexual harassment of district employees and job
applicants. The Board also prohibits retaliatory behavior or action against district
employees or other persons who complain, testify or otherwise participate in the
complaint process established pursuant to this policy and administrative regulation.
The Superintendent or designee shall take all actions necessary to ensure the prevention,
investigation, and correction of sexual harassment, including but not limited to:
1.
Providing training to employees in accordance with law and administrative
regulation
2.
Publicizing and disseminating the district's sexual harassment policy to staff
3.
Ensuring prompt, thorough, and fair investigation of complaints
4.
Taking timely and appropriate corrective/remedial action(s), which may require
interim separation of the complainant and the alleged harasser and subsequent
monitoring of developments
All complaints and allegations of sexual harassment shall be kept confidential to the
extent necessary to carry out the investigation or to take other subsequent necessary
actions.
Any district employee or job applicant who feels that he/she has been sexually harassed
or who has knowledge of any incident of sexual harassment by or against another
employee, a job applicant or a student, shall immediately report the incident to his/her
supervisor, the principal, district administrator or Superintendent.
A supervisor, principal or other district administrator who receives a harassment
complaint shall promptly notify the Superintendent or designee.
Complaints of sexual harassment shall be filed in accordance with AR 4031 - Complaints
Concerning Discrimination in Employment. An employee may bypass his/her supervisor
in filing a complaint where the supervisor is the subject of the complaint.
Any district employee who engages or participates in sexual harassment or who aids,
abets, incites, compels, or coerces another to commit sexual harassment against a district
employee, job applicant, or student is in violation of this policy and is subject to
disciplinary action, up to and including dismissal.
Adopted: 3-19-07
Jurupa Unified School District
BP 4119.11
4219.11
4319.11
2 of 2
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex
GOVERNMENT CODE
12900-12996 Fair Employment and Housing Act, especially:
12940 Prohibited discrimination
12950.1 Sexual harassment training
LABOR CODE
1101 Political activities of employees
1102.1 Discrimination: sexual orientation
CODE OF REGULATIONS, TITLE 2
7287.8 Retaliation
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs
receiving state financial assistance
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964, as amended
2000h-2-2000h-6 Title IX, 1972 Education Act Amendments
CODE OF FEDERAL REGULATIONS, TITLE 34
106.9 Dissemination of policy
COURT DECISIONS
Department of Health Services v. Superior Court of California, (2003) 31 Cal.4th 1026
Faragher v. City of Boca Raton, (1998) 118 S.Ct. 2275
Burlington Industries v. Ellreth, (1998) 118 S.Ct. 2257
Gebser v. Lago Vista Independent School District, (1998) 118 S.Ct. 1989
Oncale v. Sundowner Offshore Serv. Inc., (1998) 118 S.Ct. 998
Meritor Savings Bank, FSB v. Vinson et al., (1986) 447 U.S. 57
Adopted: 3-19-07
Jurupa Unified School District
AR 4119.11
4219.11
4319.11
1 of 3
PERSONNEL
SUBJECT: Sexual Harassment
Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances,
unwanted requests for sexual favors, or other unwanted verbal, visual, or physical
conduct of a sexual nature made against another person of the same or opposite sex in the
work or educational setting when: (Education Code 212.5; 5 CCR 4916)
1.
Submission to the conduct is made expressly or implicitly a term or condition of
the individual's employment
2.
Submission to or rejection of such conduct by the individual is used as the basis
for an employment decision affecting him/her
3.
The conduct has the purpose or effect of unreasonably interfering with the other
individual's work performance; creating an intimidating, hostile, or offensive work
environment; or adversely affecting the other individual's evaluation, advancement,
assigned duties, or any other condition of employment or career development
4.
Submission to or rejection of the conduct by the other individual is used as the
basis for any decision affecting him/her regarding benefits, services, honors, programs, or
activities available at or through the district
Other examples of actions that might constitute sexual harassment, whether committed by
a supervisor, a co-worker, or a non-employee, in the work or educational setting, include,
but are not limited to:
1.
Unwelcome verbal conduct such as sexual flirtations or propositions; graphic
comments about an individual's body; overly personal conversations or pressure for
sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats,
innuendoes, derogatory comments, sexually degrading descriptions, or the spreading of
sexual rumors
2.
Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures;
sexually explicit e-mails; displaying sexually suggestive objects
3.
Unwelcome physical conduct such as massaging, grabbing, fondling, stroking or
brushing the body; touching an individual's body or clothes in a sexual way; cornering,
blocking, leaning over, or impeding normal movements
Approved: 12-7-92
revised:
1-19-99
revised:
3-5-07
Jurupa Unified School District
AR 4119.11
4219.11
4319.11
2 of 3
Prohibited sexual harassment may also include any act of retaliation against an individual
who reports a violation of the district's sexual harassment policy or who participates in
the investigation of a sexual harassment complaint.
Training
By January 1, 2006, and every two years thereafter, the Superintendent or designee shall
ensure that supervisory employees receive at least two hours of classroom or other
effective interactive training and education regarding sexual harassment. All newly hired
or promoted supervisory employees shall receive training within six months of their
assumption of the supervisory position. (Government Code 12950.1)
The district’s training and education program for supervisory employees shall include
information and practical guidance regarding the federal and state statutory law on the
prohibition against and the prevention and correction of sexual harassment and the
remedies available to the victims of sexual harassment in employment. The training shall
also include practical examples aimed at instructing supervisors in the prevention of
harassment, discrimination, and retaliation. (Government Code 12950.1)
In addition, the Superintendent or designee shall ensure that all employees receive
periodic training regarding the district's sexual harassment policy, particularly the
procedures for filing complaints and employees' duty to use the district's complaint
procedures.
Notifications
A copy of the Board policy and this administrative regulation shall: (Education Code
231.5)
Be displayed in a prominent location in the main administrative building or other
1.
area of the school where notices of district rules, regulations, procedures, and standards
of conduct are posted
2.
Be provided to each faculty member, all members of the administrative staff, and
all members of the support staff at the beginning of the first quarter or semester of the
school year or whenever a new employee is hired
(cf. 4112.9/4212.9/4312.9 - Employee Notifications)
3.
Appear in any school or district publication that sets forth the school's or district's
Approved: 12-7-92
revised:
1-19-99
revised:
3-5-07
Jurupa Unified School District
AR 4119.11
4219.11
4319.11
3 of 3
comprehensive rules, regulations, procedures, and standards of conduct
All employees shall receive either a copy of information sheets prepared by the
California Department of Fair Employment and Housing (DFEH) or a copy of district
information sheets that contain, at a minimum, components on: (Government Code
12950)
1.
The illegality of sexual harassment
2.
The definition of sexual harassment under applicable state and federal law
3.
A description of sexual harassment, with examples
4.
The district's complaint process available to the employee
(cf. 4031 - Complaints Concerning Discrimination in Employment)
5.
The legal remedies and complaint process available through DFEH and the Equal
Employment Opportunity Commission (EEOC)
6.
Directions on how to contact DFEH and the EEOC
7.
The protection against retaliation provided by 2 CCR 7287.8 for opposing
harassment prohibited by law or for filing a complaint with or otherwise participating in
an investigation, proceeding, or hearing conducted by DFEH and the EEOC
Approved: 12-7-92
revised:
1-19-99
revised:
3-5-07
Jurupa Unified School District
BP 4144
4244
4344
1 of 2
PERSONNEL – ALL PERSONNEL
SUBJECT: Complaints
Complaints
The Governing Board recognizes the need to establish a process to allow employees and
job applicants to have their concerns heard in an expeditious and unbiased manner. The
Board expects that employees will make every effort to resolve complaints and
disagreements informally before filing a formal complaint.
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
(cf. 3320 - Claims and Actions Against the District)
(cf. 4031 - Complaints Concerning Discrimination in Employment)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
The Board prohibits retaliation against complainants. The Superintendent or designee
may keep a complainant's identity confidential, except to the extent necessary to
investigate the complaint.
(cf. 4119.1/4219.1/4319.1 - Civil and Legal Rights)
(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged
Information)
All matters related to a complaint shall be kept confidential and any document,
communication, or record regarding the complaint shall be placed in a separate file and
shall not be placed in an employee's personnel file.
(cf. 4112.6/4212.6/4312.6 - Personnel Records)
Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex
35186 Williams uniform complaint procedures
44110-44114 Reporting by school employees of improper governmental activity
GOVERNMENT CODE
3543 Public school employees' rights
3543.1 Rights of employee organizations
Adopted: 11-1-76
revised:
9-19-77
readopted: 1-2-90
Technical change: 10-28-91
revised: 2-3-97; 1-19-99
revised: 3-18-13
`
Jurupa Unified School District
BP 4144
4244
4344
2 of 2
53296-53299 Disclosure of confidential information; whistleblower
54957 Closed session; personnel matters
LABOR CODE
1102.5-1106 Whistleblower protections
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in district programs and activities
Management Resources:
WEB SITES
CSBA: http://www.csba.org
Adopted: 11-1-76
revised:
9-19-77
readopted: 1-2-90
Technical change: 10-28-91
revised: 2-3-97; 1-19-99
revised: 3-18-13
`
Jurupa Unified School District
AR 4144
4244
4344
1 of 3
PERSONNEL
SUBJECTS: Complaints
Except as specified below, the following procedure shall be used for any complaint by an
employee alleging misapplication of the district's policies, regulations, rules, or
procedures or for "whistleblower" complaints by an employee or job applicant regarding
an improper district activity including, but not limited to, an allegation of gross
mismanagement, a significant waste of funds, an abuse of authority, or a specific danger
to public health or safety.
(cf. 4119.1/4219.1/4319.1 - Civil and Legal Rights)
Complaints alleging unlawful discrimination on any basis specified in the district's
nondiscrimination policies, including complaints of sexual harassment, shall be resolved
in accordance with the district's procedure for complaints regarding discrimination in
employment.
(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 4031 - Complaints Concerning Discrimination in Employment)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
Complaints regarding unlawful discrimination in district programs or the district's failure
to comply with state or federal laws regarding educational programs shall be resolved in
accordance with the district's Uniform Complaint Procedures. Complaints regarding
sufficiency of textbook materials, teacher vacancy or misassignment, an urgent or
emergency facility condition, or the failure to provide intensive instruction to students
who did not pass the high school exit examination by the end of grade 12 shall be
resolved in accordance with the district's Williams Uniform Complaint Procedures.
(Education Code 35186; 5 CCR 4621)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 1312.4 - Williams Uniform Complaint Procedures)
For complaints regarding working conditions or other subjects of negotiation, the
employee shall use the grievance procedure specified in the applicable collective
bargaining agreement.
Any of the time limits specified in this procedure may be extended by written agreement
between the district and complainant.
Approved: 3-18-13
Jurupa Unified School District
AR 4144
4244
4344
2 of 3
Step 1: Informal Complaint Process
Prior to instituting a formal, written complaint, the employee shall first discuss the issue
with his/her supervisor or the principal of the school where the alleged act took place.
Formal complaint procedures shall not be initiated until the employee has first attempted
to resolve the complaint informally.
Step 2: Site Level Formal Complaint Process
If a complaint has not been satisfactorily resolved through the informal process in Step 1,
the complainant may file a written complaint with his/her immediate supervisor or
principal within 60 days of the act or event which is the subject of the complaint. If an
employee fails to file a written complaint within 60 days, the complaint shall be
considered settled on the basis of the answer given at the preceding step.
In the written complaint, the employee shall specify the nature of the problem, including
names, dates, locations, witnesses, the remedy sought by the employee, and a description
of informal efforts to resolve the issue.
Within 10 working days of receiving the complaint, the immediate supervisor or principal
shall conduct any necessary investigation and meet with the complainant in an effort to
resolve the complaint. Within five working days after the meeting, he/she shall prepare
and send a written response to the complainant.
Step 3: District Level Appeal
If a complaint has not been satisfactorily resolved at Step 2, the complainant may file the
written complaint with the Superintendent or designee within five working days of
receiving the written response from the immediate supervisor or the principal. The
complainant shall include all information presented to the immediate supervisor or
principal at Step 2.
Within 10 working days of receiving the complaint, the Superintendent or designee shall
conduct any necessary investigation, including reviewing the investigation and written
response by the immediate supervisor or principal at Step 2, and shall meet with the
complainant in an effort to resolve the complaint. Within five working days after the
meeting, he/she shall prepare and send a written response to the complainant.
Step 4: Appeal to the Governing Board
If a complaint has not been satisfactorily resolved at Step 3, the complainant may file a
written appeal to the Board within five working days of receiving the Superintendent or
designee's response. All information presented at Steps 1, 2, and 3 shall be included with
the appeal, and the Superintendent or designee shall submit to the Board a written report
Approved: 3-18-13
Jurupa Unified School District
AR 4144
4244
4344
3 of 3
describing attempts to resolve the complaint and the district's response.
The Board may uphold the findings by the Superintendent or designee without hearing
the complaint or the Board may hear the complaint at a regular or special Board meeting.
The hearing shall be held in closed session if the complaint relates to matters that may be
addressed in closed session in accordance with law.
(cf. 9321 - Closed Session Purposes and Agendas)
The Board shall make its decision within 30 days of the hearing and shall send its
decision to all concerned parties. The Board's decision shall be final.
Approved: 3-18-13
Education Services
Procedure #242
Page 1 of 2
NOTIFICATION TO TEACHER OF STUDENT DISCIPLINE MATTERS
Education Code 49079 requires that teachers be notified whenever a student violates or is
suspected of violating, any section of Education Code 49079, with the exception of subsection
(h) for three years following the date of the violation. Such notification shall occur pursuant to
the following procedure:
1.
Each principal/designee shall produce a confidential list that identifies each pupil who has
been suspended from school and cause each certificated employee to receive the list. At K6 school, such a list shall be updated once a month. At 7-8 and 9-12 school sites, the
list shall be updated weekly.
2.
At the beginning of each school year, the principal/designee shall produce a list that
identifies each pupil who was suspended during the prior three school years and cause each
certificated employee to receive the list.
3.
Certificated employees shall receive any list of suspended pupils in a confidential manner
and shall ensure that the identity of pupils on the list shall remain confidential and not be
used for any purpose other than the limited intent of Education Code 49079.
4.
Upon receipt of information from a source outside of the district confirming that a pupil
may have violated any section of Education Code 48900, with the exception of subsection
(h), the principal/designee shall place the pupil’s name on the list described above. Such
information may be derived from records maintained by the school district, or received
from another school district, or from a juvenile court or other department of the juvenile
justice system.
5.
Certificated employees shall be notified of students returning from expulsion within two
school days. The reason for expulsion shall be provided to the certificated employee upon
receipt of this information by the principal/designee.
Education Services
Procedure #242
Page 2 of 2
Education Code 49079
(a) A school district shall inform the teacher of each pupil who has engaged in, or is
reasonably suspected to have engaged in, any of the acts described in any of the subdivisions, except
subdivision (h), of Section 48900. The district shall provide the information to the teacher based upon
any records that the district maintains in its ordinary course of business, or receives from a law
enforcement agency, regarding a pupil described in this section.
(b) A school district, or school district officer or employee, is not civilly or criminally liable for
providing information under this section unless it is proven that the information was false and that the
district or district officer or employee knew that the information was false, or was made with a reckless
disregard for the truth or falsity of the information provided.
(c) An officer or employee of a school district who knowingly fails to provide information about a
pupil who has engaged in, or who is reasonably suspected to have engaged in, the acts referred to in
subdivision (a), is guilty of a misdemeanor, which is punishable by confinement in the county jail for a
period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(d) For the 1994-95 school year, the information provided shall be from the previous two school years.
For the 1996-97 school year and each school year thereafter, the information provided shall be from the
previous three school years.
(e) Any information received by a teacher pursuant to this section shall be received in confidence for
the limited purpose for which it was provided and shall not be further disseminated by the teacher.
(Amended by Stats. 1995, Ch. 972, Sec. 14.)
Approved 11/18/91
Revised 4/18/94, 12/5/94, 11/20/96
Jurupa Unified School District
EVALUATION AND ASSESSMENT ELEMENTS
(TEACHING UNIT MEMBERS)
Name
Click here to enter text.
Site Select Site
Assignment Click here to enter text.
By October 15, or if mutually agreeable by November 1, an evaluation conference must be completed. The
purpose of the conference is to review the elements of evaluation, the observation/evaluation forms and to
modify or create sub-elements as agreed.
1. Engaging and Supporting All Students in Learning.
a. Using knowledge of students to engage them in learning.
b. Connecting learning to students’ prior knowledge, backgrounds, life experiences, and interests.
c. Connecting subject matter to meaningful, real-life contexts.
d. Using a variety of instructional strategies, resources, and technologies to meet students’ diverse
learning needs.
e. Promoting critical thinking through inquiry, problem solving, and reflection.
f. Monitoring student learning and adjusting instruction while teaching.
2. Creating and Maintaining Effective Environments for Student Learning.
a. Promote social development and responsibility within a caring community where each student is
treated fairly.
b. Creating physical or virtual learning environments that promote student learning, reflect diversity,
and encourage constructive and productive interactions among students.
c. Establishing and maintaining learning environments that are physically, intellectually, and
emotionally safe.
d. Creating a rigorous learning environment with high expectations and appropriate support for all
students.
e. Developing, communicating, and maintaining high standards for individual and group behavior.
f. Employing classroom routines, procedures, norms, and supports for positive behavior to ensure a
climate in which all students can learn.
g. Using instructional time to optimize learning.
3. Understanding and Organizing Subject Matter for Student Learning.
a. Demonstrating knowledge of subject matter, academic content standards, and curriculum
frameworks.
b. Applying knowledge of student development and proficiencies to ensure student understanding of
subject matter.
c. Organizing curriculum to facilitate student understanding of subject matter.
d. Utilizing instructional strategies that are appropriate to the subject matter.
e. Using and adapting resources, technologies, and standards-aligned instructional materials, including
adopted materials, to make subject matter accessible to all students.
f. Addressing the needs of English learners and students with special needs to provide equitable access
to the content.
EVALUATION AND ASSESSMENT ELEMENTS
(TEACHING UNIT MEMBERS)
4. Planning Instruction and Designing Learning Experiences for All Students.
a. Using knowledge of students’ academic readiness, language proficiency, cultural background, and
individual development to plan instruction.
b. Establishing and articulating goals for student learning.
c. Developing and sequencing long-term and short-term instructional plans to support student learning.
d. Planning instruction that incorporates appropriate strategies to meet the learning needs of all
students.
e. Adapting instructional plans and curricular materials to meet the assessed learning needs of all
students.
5. Assessing Students For Learning.
a. Applying knowledge of the purposes, characteristics, and uses of different types of assessments.
b. Collecting and analyzing assessment data from a variety of sources to inform instruction.
c. Reviewing data, both individually and with colleagues, to monitor student learning.
d. Using assessment data to establish learning goals and to plan, differentiate, and modify instruction.
e. Involving all students in self-assessment, goals setting, and monitoring progress.
f. Using available technologies to assist in assessment, analysis, and communication of student
learning.
g. Using assessment information to share timely and comprehensible feedback with students and their
families.
6. Developing as a Professional Educator/Adjunct Duties.
a. Reflecting on teaching practice in support of student learning.
b. Establishing professional goals and engaging in continuous and purposeful professional growth and
development.
c. Collaborating with colleagues and the broader professional community to support teacher and
student learning.
d. Working with families to support student learning.
e. Engaging local communities in support of the instructional program.
f. Managing professional responsibilities to maintain motivation and commitment to all students.
g. Demonstrating professional responsibility, integrity and ethical conduct.
EVALUATEE:
EVALUATOR/TITLE:
Original to Evaluatee
DATE: Date
DATE: Date
Copy One to Evaluator
JURUPA UNIFIED SCHOOL DISTRICT
TEACHING UNIT MEMBER
OBSERVATION FORM
Name:
Date of
Observation:
Enter Name
Assignment:
Enter Date
Time:
Enter Assignment
Site:
Select Site
Enter Time
Check the box that characterizes the teacher’s predominant performance in each area below.
RATING:
E – Exceeds Standards
M- Meets Standards
I-Needs Improvement
U-Unsatisfactory
STANDARD 1 – ENGAGING AND SUPPORTING ALL STUDENTS IN LEARNING
Teachers know and care about their students in order to engage them in learning. They connect learning to students’ prior knowledge,
backgrounds, life experiences, and interests. They connect California Standards for the Teaching Profession (2009) and subject matter to
meaningful, real-life contexts. Teachers use a variety of instructional strategies, resources, and technologies to meet the diverse learning
needs of students. They promote critical thinking through inquiry, problem solving, and reflection. They monitor student learning and
adjust instruction while teaching.
E
M
N
U
E
M
N
U
COMMENTS
Click here to enter text.
STANDARD 2 – CREATING AND MAINTAINING EFFECTIVE ENVIRONMENTS FOR STUDENT LEARNING
Teachers promote social development and responsibility within a caring community where each student is treated fairly and respectfully.
They create physical or virtual learning environments that promote student learning, reflect diversity, and encourage constructive and
productive interactions among students. They establish and maintain learning environments that are physically, intellectually, and
emotionally safe. Teachers create a rigorous learning environment California Standards for the Teaching Profession (2009) with high
expectations and appropriate support for all students. Teachers develop, communicate, and maintain high standards for individual and group
behavior. They employ classroom routines, procedures, norms, and supports for positive behavior to ensure a climate in which all students
can learn. They use instructional time to optimize learning.
COMMENTS
Click here to enter text.
Evaluatee’s Initials
Evaluator’s Initials
Original to Evaluatee
Copy One to Evaluator
Jurupa Unified School District
Teaching Unit Member
Observation Form
STANDARD 3 – UNDERSTANDING AND ORGANIZING SUBJECT MATTER FOR STUDENT LEARNING
Teachers exhibit in-depth working knowledge of subject matter, academic content standards, and curriculum frameworks. They apply
knowledge of student development and proficiencies to ensure student understanding of content. They organize curriculum to facilitate
students' understanding of the subject matter. Teachers utilize instructional strategies that are appropriate to the subject matter. They use and
adapt resources, technologies, and standards-aligned instructional materials, including adopted materials, to make subject matter accessible
to all students. They address the needs of English learners and students with special needs to provide
equitable access to the content.
E
M
N
U
E
M
N
U
COMMENTS
Click here to enter text.
STANDARD 4 – PLANNING INSTRUCTION AND DESIGNING LEARNING EXPERIENCES FOR ALL STUDENTS
Teachers use knowledge of students' academic readiness, language proficiency, cultural background, and individual development to plan
instruction. They establish and articulate goals for student learning. They develop and sequence long-term and short-term instructional plans
to support student learning. Teachers plan instruction that incorporates appropriate strategies to meet the diverse learning needs of all
students. They modify and adapt instructional plans to
meet the assessed learning needs of all students.
COMMENTS
Click here to enter text.
Evaluatee’s Initials
Evaluator’s Initials
Original to Evaluatee
Copy One to Evaluator
Jurupa Unified School District
Teaching Unit Member
Observation Form
STANDARD 5 – ASSESSING STUDENTS FOR LEARNING
Teachers apply knowledge of the purposes, characteristics, and uses of different types of assessments. They collect and analyze assessment
data from a variety of sources and use those data to inform instruction. They review data, both individually and with colleagues, to monitor
student learning. Teachers use assessment data to establish learning goals and to plan, differentiate, and modify instruction. They involve all
students in self-assessment, goal setting and monitoring progress. Teachers use available technologies to assist in assessment, analysis,
and communication of student learning. They use assessment information to share timely and comprehensible feedback with students and their
families.
E
M
N
U
COMMENTS
Click here to enter text.
ADDITIONAL COMMENTS INCLUDING EXPLICIT DESCRIPTION OF PERFORMANCES RATED N or U (REQUIRED)
Click here to enter text.
TEACHER’S COMMENTS (OPTIONAL) Additional comments may be attached.
Click here to enter text.
Date
Date
Observer’s Signature
Date
Teacher’s Signature
Date
A signature on this form does not necessarily mean that the unit member agrees with the opinions expressed but indicates that the employee has read the evaluation and has been
given an opportunity for discussion and written response.
Original to Evaluatee
Copy One to Evaluator
Jurupa Unified School District – Teaching Unit Member – Evaluation Form
NAME
Enter name
Date(s) of Observation(s)
ASSIGNMENT
Enter Assignment
SITE
Select Site
Date of Last Evaluation
Enter observation dates
DATE
Select Date
Select Date
Evaluator: Check the box that characterizes the evaluatee’s predominant performance in each area below.
RATING:
E – Exceeds Criteria
M- Meets Criteria
I-Needs Improvement
U-Unsatisfactory
STANDARD 1 – ENGAGING AND SUPPORTING ALL STUDENTS IN LEARNING
Teachers know and care about their students in order to engage them in learning. They connectlearning to students’ prior knowledge,
backgrounds, life experiences, and interests. They connect California Standards for the Teaching Profession (2009) and subject matter to
meaningful, real-life contexts. Teachers use a variety of instructional strategies, resources, and technologies to meet the diverse learning
needs of students. They promote critical thinking through inquiry, problem solving, and reflection. They monitor student learning and
adjust instruction while teaching.
COMMENTS/COMMENDATIONS/RECOMMENDATIONS
E
M
N
U*
Click here to enter text.
*Permanent teaching unit members who receive two or more unsatisfactory ratings in Standards 1, 3 or 4 shall be rated as unsatisfactory overall and shall be referred to
the District Peer Assistance and Review program.
STANDARD 2 – CREATING AND MAINTAINING EFFECTIVE ENVIRONMENTS FOR STUDENT LEARNING
Teachers promote social development and responsibility within a caring community where each student is treated fairly and respectfully.
They create physical or virtual learning environments that promote student learning, reflect diversity, and encourage constructive and
productive interactions among students. They establish and maintain learning environments that are physically, intellectually, and
emotionally safe. Teachers create a rigorous learning environment California Standards for the Teaching Profession (2009) with high
expectations and appropriate support for all students. Teachers develop, communicate, and maintain high standards for individual and group
behavior. They employ classroom routines, procedures, norms, and supports for positive behavior to ensure a climate in which all students
can learn. They use instructional time to optimize learning.
COMMENTS/COMMENDATIONS/RECOMMENDATIONS
Click here to enter text.
Evaluatee’s Initials
Evaluator’s Initials
Original to Evaluatee
Copy One to Evaluator
Copy Two to Personnel
E
M
N
U*
Jurupa Unified School District – TEACHING UNIT MEMBER EVALUATION FORM
STANDARD 3 – UNDERSTANDING AND ORGANIZING SUBJECT MATTER FOR STUDENT LEARNING
Teachers exhibit in-depth working knowledge of subject matter, academic content standards, and curriculum frameworks. They apply
knowledge of student development and proficiencies to ensure student understanding of content. They organize curriculum to facilitate
students' understanding of the subject matter. Teachers utilize instructional strategies that are appropriate to the subject matter. They use and
adapt resources, technologies, and standards-aligned instructional materials, including adopted materials, to make subject matter accessible
to all students. They address the needs of English learners and students with special needs to provide
equitable access to the content.
COMMENTS/COMMENDATIONS/RECOMMENDATIONS
E
M
N
U*
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*Permanent teaching unit members who receive two or more unsatisfactory ratings in Standards 1, 3 or 4 shall be rated as unsatisfactory overall and shall be referred to the
District Peer Assistance and Review program.
STANDARD 4 – PLANNING INSTRUCTION AND DESIGNING LEARNING EXPERIENCES FOR ALL STUDENTS
Teachers use knowledge of students' academic readiness, language proficiency, cultural background, and individual development to plan
instruction. They establish and articulate goals for student learning. They develop and sequence long-term and short-term instructional plans
to support student learning. Teachers plan instruction that incorporates appropriate strategies to meet the diverse learning needs of all
students. They modify and adapt instructional plans to
meet the assessed learning needs of all students.
COMMENTS/COMMENDATIONS/RECOMMENDATIONS
E
M
N
U*
E
M
N
U
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STANDARD 5 – ASSESSING STUDENTS FOR LEARNING
Teachers apply knowledge of the purposes, characteristics, and uses of different types of assessments. They collect and analyze assessment
data from a variety of sources and use those data to inform instruction. They review data, both individually and with colleagues, to monitor
student learning. Teachers use assessment data to establish learning goals and to plan, differentiate, and modify instruction. They involve all
students in self-assessment, goal setting and monitoring progress. Teachers use available technologies to assist in assessment, analysis,
and communication of student learning. They use assessment information to share timely and comprehensible feedback with students and
their families.
COMMENTS/COMMENDATIONS/RECOMMENDATIONS
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Evaluatee’s Initials
Evaluator’s Initials
Original to Evaluatee
Copy One to Evaluator
Copy Two to Personnel
Jurupa Unified School District – TEACHING UNIT MEMBER EVALUATION FORM
STANDARD 6 – DEVELOPING AS A PROFESSIONAL EDUCATOR
E
M
N
U
Teachers reflect on their teaching practice to support student learning. They establish professional goals and engage
in continuous and purposeful professional growth and development. They collaborate with colleagues and engage in
the broader professional community to support teacher and student learning. Teachers learn about and work with
families to support student learning. They engage local communities in support of the instructional program. They
manage professional responsibilities to maintain motivation and commitment to all students. Teachers demonstrate
professional responsibility, integrity, and ethical conduct.
COMMENTS/COMMENDATIONS/RECOMMENDATIONS
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ADDITIONAL COMMENTS INCLUDING DESCRIPTION OF UNSATISFACTORY PERFORMANCE (REQUIRED)
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OVERALL EVALUATION (Check One):
EXCEEDS DISTRICT
STANDARDS
MEETS DISTRICT
STANDARDS
NEEDS
IMPROVEMENT
UNSATISFACTORY*
*PAR REFERRAL (Check if applicable)
Permanent teaching unit members who receive two or more unsatisfactory ratings in Standards 1, 3 or 4 shall be rated as unsatisfactory overall
and shall be referred to the District Peer Assistance and Review (PAR) program.
EVALUATEE’S COMMENTS (OPTIONAL) Additional comments may be attached.
Click here to enter text.
Evaluatee’s Signature
Date
Date
Evaluator’s Signature
Date
Date
A signature on this form does not necessarily mean that the unit member agrees with the opinions expressed but indicates that the employee has read
the evaluation and has been given an opportunity for discussion and written response.
Original to Evaluatee
Copy One to Evaluator
Copy Two to Personnel
Jurupa Unified School District
EVALUATION AND ASSESSMENT ELEMENTS
(NON-TEACHING UNIT MEMBERS)
Name
Site
Assignment
By October 15, or if mutually agreeable by November 1, an evaluation conference must be completed. The
purpose of the conference is to review the elements of evaluation, the observation/evaluation forms and to
modify or create sub-elements as agreed. If the parties agree to modify and/or omit formal scheduled
observations, a plan for conducting observations shall be attached. A mid-year conference to review the unit
member’s progress shall be held.
1. ADHERENCE TO ESTABLISHED PROCEDURES WITHIN THE SCOPE OF THE UNIT
MEMBER’S ASSIGNMENT
a. Implements established programs and provides required services.
b. Maintains required records in an accurate and timely manner.
c. Complies with adopted guidelines and school procedures.
d. Supports District and school goals and objectives applicable to the unit member’s assignment.
e. Fulfills adjunct duties as defined by the Collective Bargaining Agreement.
2. FULFILLMENT OF RESPONSIBILITIES AND DUTIES TO STUDENTS, PARENTS AND STAFF
a.
b.
c.
d.
Is accessible to students, parents and staff.
Communicates effectively with students, parents and staff.
Works cooperatively with students, parents and staff.
Uses discretion in handling confidential information.
3. DEMONSTRATION OF KNOWLEDGE AND SKILLS OF THE ASSIGNMENT
a. Demonstrates and applies current knowledge related to the assignment.
b. Plans work throughout the year to meet required timelines.
4. OPTIONAL ADDITIONAL ELEMENT(S) BY MUTUAL AGREEMENT (attached):
EVALUATEE:
EVALUATOR/TITLE:
Original – Evaluatee
DATE:
DATE:
Copy One to Evaluator
Jurupa Unified School District – Non-Teaching Unit Member – Observation Form
Name:
Assignment:
Evaluator:
Date of Observation:
Site:
Time:
Evaluator: Check the box(es) which characterize(s) the evaluatee’s predominant performance in each area below. Any mark in “Needs Improvement” or “Unsatisfactory” shall
include recommendations as to areas of improvement in the unit member’s performance.
SCALE:
1
E – Exceeds Criteria
M- Meets Criteria
I-Needs Improvement
U-Unsatisfactory
NA-Not Applicable
ADHERENCE TO ESTABLISHED PROCEDURES WITHIN THE SCOPE OF THE UNIT MEMBER’S ASSIGNMENT
Implements established programs and provides required services; Maintains required records in an accurate and timely manner;
Complies with adopted guidelines and school procedures; Supports District and school goals and objectives applicable to the unit
member’s assignment; Fulfills adjunct duties as defined in the Collective Bargaining Agreement.
Commendations/Recommendations:
2
FULFILLMENT OF RESPONSIBILITIES AND DUTIES TO STUDENTS, PARENTS, AND STAFF
Is accessible to students, parents, and staff; Communicates effectively with students, parents, and staff; Works cooperatively with
students, parents, and staff; Uses discretion in handling confidential information.
Commendations/Recommendations:
3
DEMONSTRATION OF KNOWLEDGE AND SKILLS OF THE ASSIGNMENT
Demonstrates and applies current knowledge related to the assignment; Plans work throughout the year to meet required timelines.
Commendations/Recommendations:
4
OPTIONAL ADDITIONAL ELEMENT(S) BY MUTUAL AGREEMENT (attached).
Commendations/Recommendations:
Evaluatee’s Initials
Evaluator’s Initials _______
Original to Evaluatee
Copy “one” to Evaluator
E
M
I
U
NA
Jurupa Unified School District – Non-Teaching Unit Member – Observation Form
Additional Commendations/Recommendations
Explicit Description of Performance Marked I or U (required)
Evaluator’s Signature:
Date:
Evaluatee’s Comments (optional):
Evaluatee’s Signature:
Date:
Original to Evaluatee
Copy “one” to Evaluator
Jurupa Unified School District – Non-Teaching Unit Member – Evaluation Form
Name
Assignment
Site
Date
Evaluator: Check the box(es) which characterize(s) the evaluatee’s predominant performance in each area below. Any mark in “Needs Improvement” or “Unsatisfactory” shall
include recommendations as to areas of improvement in the unit member’s performance.
Date(s) of Observation(s)
SCALE:
1
E – Exceeds Criteria
Date of Last Evaluation
M- Meets Criteria
I-Needs Improvement
U-Unsatisfactory
NA-Not Applicable
E
ADHERENCE TO ESTABLISHED PROCEDURES WITHIN THE SCOPE OF THE UNIT MEMBER’S ASSIGNMENT
Implements established programs and provides required services; Maintains required records in an accurate and timely manner;
Complies with adopted guidelines and school procedures; Supports District and school goals and objectives applicable to the unit
member’s assignment; fulfills adjunct duties as defined in the Collective Bargaining Agreement.
Commendations/Recommendations:
2
FULFILLMENT OF RESPONSIBILITIES AND DUTIES TO STUDENTS, PARENTS, AND STAFF
Is accessible to students, parents, and staff; communicates effectively with students, parents, and staff; works cooperatively with
students, parents, and staff; uses discretion in handling confidential information.
Commendations/Recommendations:
3
DEMONSTRATION OF KNOWLEDGE AND SKILLS OF THE ASSIGNMENT
Demonstrates and applies current knowledge related to the assignment; Plans work throughout the year to meet required timelines.
Commendations/Recommendations:
4
OPTIONAL ADDITIONAL ELEMENT(S) BY MUTUAL AGREEMENT (attached).
Commendations/Recommendations:
Evaluatee’s Initials
Evaluator’s Initials
Original to Evaluatee
Copy “One” to Evaluator
Copy “Two” to Personnel
M
I
U
NA
Jurupa Unified School District – Non-Teaching Unit Member – Evaluation Form
Additional Commendations/Recommendations:
Explicit Description of Performance Marked I or U (required):
Evaluatee’s Comments (optional):
Overall Rating:
Meets/Exceeds Criteria
Evaluatee’s Signature
Needs Improvement
Unsatisfactory
Evaluator’s Signature
A signature on this form does not necessarily mean that the unit member agrees with the opinions expressed but indicates that the employee has read
the evaluation and has been given an opportunity for discussion and written response.
Original to Evaluatee
Copy “One” to Evaluator
Copy “Two” to Personnel