2019-2020 A.C.E. Agreement

 

 

 

AGREEMENT 

between the

 

COLFAX ELEMENTARY SCHOOL DISTRICT

 

and the

 

ASSOCIATION OF COLFAX EDUCATORS

 

January 1, 2019 – June 30, 2020

 

 

 

 

 

 

 

 

 

 

Revised:  January 2019

 

 TABLE OF CONTENTS

 

 

                                                                                                                                 Page

 

ARTICLE 1.               PREAMBLE                                                                            1

 

ARTICLE 2.               AGREEMENT                                                                         2

 

ARTICLE 3.               HOURS                                                                                   3

 

ARTICLE 4.               ASSIGNMENTS                                                                      5

 

ARTICLE 5.               CLASS SIZE                                                                           8

 

ARTICLE 6.               GRIEVANCE PROCEDURE                                                  9

 

ARTICLE 7.               SAFETY CONDITIONS OF EMPLOYMENT                        12

 

ARTICLE 8.               PEER ASSISTANCE AND REVIEW                                     13

 

ARTICLE 9.               EVALUATION PROCEDURE                                                19

 

ARTICLE 10.             PERSONNEL FILES                                                             22

 

ARTICLE 11.             TEACHER DISCIPLINE                                                        23

 

ARTICLE 12.             LEAVES                                                                                26

 

ARTICLE 13.             PLANNING TIME                                                                  30

 

ARTICLE 14.             HEALTH AND WELFARE BENEFITS                                   31

 

ARTICLE 15.             SALARY                                                                                34

 

ARTICLE 16.             PUBLIC COMPLAINTS                                                         37

 

ARTICLE 17.             JOB SHARING PROGRAM                                                  38

 

ARTICLE 18.             ASSOCIATION RIGHTS                                                       39

 

ARTICLE 19.             CONSULTATION RIGHTS                                                    40

 

ARTICLE 20.             MANAGEMENT RIGHTS AND DISTRICT POWERS     41

 

ARTICLE 21.             EFFECT OF AGREEMENT                                                  42

ARTICLE 22.             COMPLETION OF MEET AND NEGOTIATE                   43

 

ARTICLE 23.             SAVINGS PROVISIONS                                                     44

 

ARTICLE 24.             TERM OF AGREEMENT AND REOPENERS                   45

 

APPENDIX A            FRAMEWORK FOR TEACHER DOMAIN

                                    LEVELS OF PERFORMANCE       

 

APPENDIX B            CERTIFICATED SALARY SCHEDULE 2019-2020

 

APPENDIX C1          2015-2016 EXTRA DUTY STIPEND SCHEDULE

 

APPPENDIX C2        2016-2017 EXTRA DUTY STIPEND SCHEDULE

 

APPPENDIX C3        2019-2020 EXTRA DUTY STIPEND SCHEDULE

 

APPENDIX D            TENTATIVE AGREEMENT  2018-2019 REOPENER NEGOTIATIONS

                       


ARTICLE 1

 

PREAMBLE

 

 

1.1       The articles contained herein constitute a bilateral agreement between the Colfax Elementary School and its agent, the Board of Trustees, and the Association of Colfax Educators or CTA/NEA affiliate and professional employee organization.

1.2       It is the purpose and goal of this agreement to achieve and maintain harmonious relations between the District and the Association.  To assist the parties in achieving this purpose and goal, the parties agree to participate in interest based bargaining (“IBB”) training and to thereafter utilize the principles of IBB in their working relationships with one another.  This includes, within available time frames, agreeing to strive toward solutions to daily issues and problems including the use of thorough communication, respect for the individual and staff involvement in equitable decision-making and resolution of disputes.

 

1.3       It is the purpose of this agreement to ensure consistent and uniform practices that affect the working conditions of the certificated bargaining unit members. 


ARTICLE 2

 

AGREEMENT

 

 

2.1       This Agreement made between Colfax Elementary School District ("District") and Association of Colfax Educators ("Association"), shall be effective beginning July 1, 2019 through and including June 30, 2021.


ARTICLE 3

 

HOURS

 

 

3.1       The regular workday shall be a continuous seven and one-quarter (7¼) hour period, including a 45-minute duty-free lunch period.

 

3.2       In addition, an average of one (1) hour per week may be required by the administration for the purposes of holding faculty meetings.  This shall not restrict the teacher’s scheduling of parent-teacher conferences.

 

3.3       Teachers shall be required to report for duty one-half (½) hour before classes begin.  It is further agreed that the District shall, for the life of this contract, schedule instructional aides to supervise students during the 7:30 a.m. to 7:55 a.m. arrival period.  Teachers will be in their classrooms at 7:45 a.m. on rainy days to receive students.

 

3.4       The work year for teachers shall be 183 days of which 180 shall be student instructional days, and three (3) teacher/work/staff development days.

 

3.5       Beginning the 2007-08 school year, the total amount of instructional minutes required annually for grade levels K-2 shall be a total of 53,445 minutes/year, and grade levels 3-8 shall be a total of 55,410 minutes/year. 

 

3.6       New teachers, including returning teachers, to the District will be provided one additional in-service day.  The day will be dedicated to new teacher orientation and onboarding to support integration into the CES culture.  Participants will be paid by hourly per diem.  The Administration and Association will collaborate to agree on the appropriate staff for orientation training based on the following:

 

  1. Grade level
  2. Experience/Skill set
  3. New teacher needs

 

3.7       It is recognized that employees’ duties and responsibilities continue beyond the regular work year.  Examples of professional duties for which employees are responsible include, but are not limited to, the following:

           

3.7.1       Preparation of classroom learning environment prior to the beginning of the school year;

3.7.2       Planning and organization of the year’s instructional program;

3.7.3       Examination and preparation of student records;

3.7.4       Closing the classroom, student records, etc. at the end of the school year;

3.7.5       Promotion and retention requirements as mandated by law;

3.7.6       Students with Special Needs conferences.

 

 

 

3.8       Teachers shall not be required to perform any duty on Saturday or Sunday.

 

3.9       If the administration contemplates the addition of any new adjunct or supervisorial duty beyond the regular workday, the administration shall negotiate the same with the Association.

 

3.10     The staff and administration shall be jointly responsible for a good faith effort to ensure that all professional responsibilities are distributed as evenly as possible.  This does not limit the administration’s ability to assign teachers to supervision duties at recess or after school bus duty on a rotational basis.

 

ARTICLE 4

 

ASSIGNMENTS

 

 

4.1       Definitions

 

4.1.1       An assignment is defined as a teaching position in a grade level(s) or program area(s) which the unit member has been assigned.

4.1.2       A reassignment is defined as a change in assignment or worksite.

4.1.3       A vacancy is any position that does not have a unit member assigned to it which the District intends to fill for a full school year or longer.  This includes any vacated, promotional, or newly created teaching position including any supplemental instructional programs offered by the District.  This does not include a yearlong vacancy that the District is notified of within three (3) weeks of the beginning of the school year.  However, in such a case, the vacancy shall be posted for the following year, assuming a teacher returning from leave from that position is not reassigned to that position.

 

4.2       Posting and Filling of Vacancies

 

4.2.1       Within ten (10) days of knowing of any vacancy, the District shall deliver to the Association and post in worksites, and email the announcement to all unit members, a list of all vacancies that occur during the work year and for the following work year.  The Administration will issue an "all-call" to all unit members for vacancies occurring during the summer break. The list shall contain the following:

4.2.1.1      A closing date which is at least three (3) work days following the posting date, except for the period between the last day of school and two weeks before the day the next teacher work year begins the closing date shall extend to seven (7) working days.

4.2.1.2      A job description.

4.2.1.3      Credentials and qualifications necessary to meet the requirements of the position.

 

4.2.2       No assignment to fill the vacancy shall be made until after the closing date.

4.2.3       An “Intent To Return” form or other written requests for reassignment by unit members may be made as vacancies in the staff are posted by the District.  The request shall represent consent to be reassigned and may be acted upon without further consultation with the unit member. These written requests are valid for the upcoming school year, and need to be renewed annually.

4.2.4       If two (2) or more unit members with State required credentials, certificates or authorizations for the position apply for the vacancy, the District shall base its selection on any of the following:

4.2.5.1      Seniority in the District;

4.2.5.2      Training and/or qualifications for the position;

4.2.4.3      Teaching experience;

4.2.4.4      Teaching experience in the open assignment;

4.2.4.5      Educational background; and

4.2.4.6      Welfare of the educational program and needs of the District.

 

 4.2.5      The District agrees that prior to filling any vacancy, it will screen all applicants.  If fewer than three (3) qualified unit members apply for the vacancy, all will be interviewed.  If more than three (3) qualified unit members apply, a minimum of three (3) will be interviewed.

4.2.6       All unit members who apply to fill a vacancy shall be notified of the District’s selection within five (5) days of that decision.  Upon written request, the District shall, in writing, provide a unit member with the basis for its decision.

4.2.7       All reassignments are subject to the approval of the Superintendent/Principal and shall not be denied arbitrarily, capriciously or without basis in fact.

4.2.8      When all unit member applicants have been found unqualified, the Administration may post the          vacancy for outside applicants which shall be interviewed to fill the vacancy.    Unit member                            applicants applying during an outside  posting before the  closing date will receive the same                   consideration as outside applicants.

 

4.3       Notice of Assignment for the Following Year

 

4.3.1       Each unit member shall be given written notice not later than June 30, regarding assignment for the following year.  Such notice shall specify the grade level and/or subject/program area to which the member will be assigned.

 

4.4       Involuntary Reassignment

 

4.4.1       When an involuntary reassignment is requested by the District, the following items will be considered:

4.4.1.1      Least disruption to the students and staff;

4.4.1.2      Respect for the individual needs and interests of the teacher involved;

4.4.1.3      The needs of the school and the District;

4.4.1.4      Resources needed for the teacher to be successful in the proposed assignment;

4.4.1.5      Reasonable notice of the proposed reassignment.

4.4.1.6      Experience, credentials and other relevant qualifications.

4.4.1.7      District seniority.

 

4.4.2       Volunteers will be sought when reassignments are needed due to shifts in student population prior to making any involuntary reassignment.

4.4.3       The District agrees to discuss with the Association prior to making an involuntary reassignment.

4.4.4       Unit members who are reassigned within one (1) week prior to or during the work year shall be allowed two (2) days of paid release time for preparation prior to the effective date of the reassignment.  The unit member shall package all personal items, curriculum and support materials needed for the assignment. The District shall move packaged items whenever a unit member is reassigned.

4.4.5       A unit member who is involuntarily reassigned due to shifts in student population shall have the right to return to his/her previous assignment at the end of the school year, assuming that assignment is vacant.

4.4.6       The District will not involuntarily transfer the affected unit member again for at least a period of two (2) years, if another unit member with experience, credentials, and other relevant qualifications is available.

4.4.7       If properly credentialed, the affected unit member will be given the first option to return to his/her previous classroom position if such a vacancy occurs within four (4) years.

 

4.5       Return from Leave

 

4.5.1       Unit members returning from leave shall be afforded all rights provided under this Article.                                              


 ARTICLE 5

 

CLASS SIZE

 

 

5.1       The following are school-wide class size desired ceilings:

 

                                    K                                 33

                                    1-3                               30

                                    4-8                               33

 

5.2       Students mainstreamed from a Special Day Class into the regular classroom shall be counted as contributing to the class size desired ceilings. 

 

5.3       It is understood that the District may participate in state or federal funded Grade Span Adjustment (GSA) class size reduction programs and that such participation shall not alter the stated class size ceilings.

 

5.4       In the event that enrollments occur which exceed the desired ceilings, the Principal will meet with the teacher(s) involved to discuss the options.  In the event that the teacher(s) feel(s) that additional assistance is needed, the Principal will proceed with the development and implementation of a plan to include such items as:

 

5.4.1       Redistribute pupils to other classes

5.4.2       Provide additional support services

5.4.3       Add certificated staff

5.4.4       Provide class size stipends per student per day that is above the desired ceiling as follows:

               One Student - $2.00 per day

               Two Students - $4.00 per student, per day

               Three Students - $6.00 per student, per day

               Four Students - $8.00 per student, per day

               Five or more students - $10.00 per student, per day

 

5.5       If a teacher is not satisfied with the plan developed by the Principal, a meeting will be held with the teacher and the Principal to address the concerns with the proposed plan.

 

5.6       If the teacher is still not satisfied with the plan developed by the Principal, the teacher may request and shall be granted one hearing on the plan with the Board of Trustees to seek resolution of the problem.


 ARTICLE 6

 

GRIEVANCE PROCEDURE

 

6.1       Purpose/Intent

 

6.1.1       The purpose of this procedure is to secure, at the lowest administrative level, equitable solutions to the problems which may from time to time arise in the interpretation of the Agreement.  Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

6.1.2       It is not the intent of this procedure to provide a means of changing or adding to District policies, District regulations or provisions to this Agreement.  Actions to challenge or change the general policies of the District as set forth in the rules and regulations or administrative regulations and procedures must be undertaken under separate legal process.

 

6.2       Definitions

 

6.2.1       A "grievance" is an allegation by a member(s) of the bargaining unit that he/she or they has or have been adversely affected by an alleged violation of the specific terms of this Agreement or is an allegation by the Association that it has been adversely affected by an alleged violation of Article 18 - Association Rights.

6.2.2       A "grievant" is an employee of the District covered by this Agreement or is the Association in the case of an alleged violation of Article 18 - Association Rights.

6.2.3       A "day" is a "teacher duty day."

6.2.4       An "immediate supervisor" is the principal or supervisor having immediate jurisdiction over the employee filing grievance who has authority to resolve the grievance.

6.2.5       Service of notices, decisions or other documents may be made by personal delivery with signed affidavit to the grievant(s) or his/her/their representative or by certified/restricted mail delivery.  Service shall become effective upon personal delivery or the date of certified mail receipt.

6.2.6       For purposes of receiving and delivering notices, decisions, or other documentation, the District may designate the District Secretary as an official representative during normal school business hours.

6.2.7       "Resolution" or "Settlement."  A grievance is resolved or settled by mutual agreement of the parties, or by the grievant's failure to appeal a decision to the next level within the prescribed time limits or by the expiration of the prescribed time limits, whichever event occurs first.

6.2.8       If a decision on a grievance is not issued at any level within the prescribed time limits, the grievance is deemed denied on the date the time limit expires, and the grievant may proceed to the next level within the prescribed time limits.

6.2.9       All documents, communications and records dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants.

6.2.10     Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be prepared jointly by the Association and the Superintendent and given appropriate distribution by the Association so as to facilitate operation of the grievance procedure.  The costs of preparing such forms shall be borne by the District.

6.3       Guidelines

 

6.3.1       Nothing contained herein will be construed as limiting the right of any teacher having a complaint or grievance to discuss the matter informally with the administration and to hear the complaint or grievance adjusted without intervention by the Association provided that the adjustment is not inconsistent with the terms of this Agreement.

6.3.2       Since it is important that grievances be processed as rapidly as possible, the time limits specified at each level should be considered to be maximums, and every effort should be made to expedite the process.  The time limits may, however, be extended by mutual agreement.

6.3.3       No reprisals of any kind will be taken by the Board or administration against any grievant, any member of the Association or any other participant in the grievance procedure by reason of such participation.

6.3.4       A grievant or grievants may be represented by the Association or other person of the grievant’s choosing at all stages of a grievance if the grievant(s) so request(s) it.

 

6.4       Grievance Procedures

 

6.4.1       Step 1

6.4.1.1      In keeping with the intent of the grievance procedure, the grievant shall attempt to resolve any problem(s) through informal conferences with the immediate supervisor.

6.4.2       Step 2

6.4.2.1      If no resolution comes from informal conference(s) regarding the problem, the grievant(s) may present the grievance in writing to his/her immediate supervisor within twenty (20) days after the occurrence of the alleged act within twenty (20) days after the time the grievant knew or reasonably should have known of the act or omission.  The grievance must be served on the immediate supervisor who has authority to resolve the grievance within the prescribed time limits.

6.4.2.2      The written grievance will be a clear statement of the grievance, the circumstances involved, the specific portion(s) of the contract claimed to have been violated, the remedy or correction sought, and the signature of the grievant, on a form provided by the District.  The immediate supervisor shall communicate a decision to the grievant in writing within ten (10) days of the filing of the written grievance.  A copy of the written decision shall be served on the Association President.

 

6.4.3       Step 3

6.4.3.1      If the grievance is not settled at Step 2, the grievant may, within five (5) days, submit a written request to the Superintendent for a hearing before the Board of Trustees.

6.4.3.2      The selected date shall be no sooner than five (5) days after the Superintendent receives the request and no later than the next regularly scheduled Board meeting.

6.4.3.3      The hearing shall be conducted in closed session unless the parties agree otherwise.

6.4.3.4      The Board of Trustees shall issue and serve a written decision on the grievant(s) and Association President within five (5) days after the close of the hearing.

 

6.4.4       Step 4

6.4.4.1      If the grievance is not settled at Step 3, the grievant may request in writing that the Association submit the grievance to binding arbitration.  The Association may, within ten (10) days after service of the Board decision, request that the grievance be submitted to binding arbitration.  The request shall be made to the Superintendent in writing upon a form agreed upon by the parties.

6.4.4.2      If the arbitrability of the grievance is challenged, the question of arbitration will be ruled upon by the arbitrator prior to hearing the merits of the case.  In the event that a case is appealed to an arbitrator on which he/she has no power to rule, it shall be referred back to the parties without decision or recommendation on its merits.

6.4.4.3      The parties shall select a mutually acceptable arbitrator.  Should they be unable to agree on an arbitrator within five (5) working days of the submission to Step 3, either party may request the American Arbitration Association (“AAA”) to supply a list of names of arbitrators.  Selection of the arbitrator and the process of arbitration shall be governed by the AAA Voluntary Rules of Arbitration.

6.4.4.4      The arbitrator shall conduct a hearing.  Following the hearing, the arbitrator will issue a written decision setting forth findings of fact, reasoning and conclusions on the issues submitted.  The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement or the policies, rules, regulations or procedures of the District.

6.4.4.5      The arbitrator's decision will be rendered within thirty (30) days after the close of the hearing and will be binding upon the Association and the District.

6.4.4.6      The arbitrator shall consider only those issues which have been properly carried through all prior steps as required by the provisions of this grievance procedure.

6.4.4.7      The arbitrator shall not render any award which conflicts with or alters this Agreement.  It is understood, however, that the arbitrator shall interpret the Agreement in accordance with acceptable rules of contract construction.

6.4.4.8      All costs for the services of the arbitrator including, but not limited to, per diem expenses, travel and subsistence expenses, and the cost of any hearing room, will be shared equally by the District and the Association.  All other costs will be borne by the party incurring them.  If the arbitrator requests a court reporter, the costs for such reporter shall be shared equally by both parties.  Issues arising out of the exercise by the Board and administration of its responsibilities under District Rights of this Agreement (Article 12), including the facts underlying its exercise of such discretion, shall not be subject to this procedure.


ARTICLE 7

 

SAFETY CONDITIONS OF EMPLOYMENT

 

 

7.1       It is the responsibility of the District to determine and provide safe working conditions for employees.

 

7.2       The certificated staff shall be responsible for observing any physically unsafe conditions both for themselves and their students and shall report same to the District office in writing at the earliest possible time.  The District office shall sign the report in acknowledgment of having received the report.

 

7.3       The immediate supervisor shall investigate the reported unsafe condition within five (5) working days of receipt of the report and shall advise the employees of any findings and/or suggested corrective action within ten (10) working days.  If requested, the response shall be committed to writing.

 

7.4       In order to ensure teacher safety, the District shall follow appropriate sections of the Education Code.


ARTICLE 8

 

PEER ASSISTANCE AND REVIEW

 

 

8.1       The purpose of PAR is to provide assistance to certain permanent and beginning teachers in the areas of subject matter knowledge, teaching strategies, and teaching methods.  Based on available funding and resources, PAR services will be offered to teachers in the following order of priority:

 

8.1.1       Permanent teachers who receive an “unsatisfactory” evaluation that fits within the parameters of the PAR program (see paragraph 8.2.1 below).

8.1.2       Financial support of BTSA Program

8.1.3       Probationary teachers not eligible for BTSA who volunteer for peer assistance

8.1.4       Permanent teachers who volunteer for peer assistance

8.1.5       Staff Development for individual or group of teachers

8.1.6       Curriculum Development

 

8.2       Participation in the Peer Assistance and Review Program is mandatory for permanent teachers who qualify under Paragraph 8.1 above. 

 

8.2.1       Any evaluation performed pursuant to this article which contains two or more ratings of “unsatisfactory” in those areas where referral is required by law, such employee shall participate in the Peer Assistance and Review Program.  Teachers with one “unsatisfactory” will be encouraged, but not mandated to participate in the program.  (Note: Reference to evaluation criteria appropriately belongs in evaluation Article.)

8.2.2       The evaluation and assessment of certificated employee performance pursuant to this section shall not include the use of publishers’ norms established by standardized tests.

8.2.3       Assistance and remedial efforts and activities shall be sustained and multifaceted, and shall be preceded by a conference in the spring of the year when the teacher receives the unsatisfactory evaluation.  The conference shall involve the teacher being referred, the evaluator, and if chosen, the consulting teacher.  If the participating teacher requests it, the Association shall provide representation in the meeting.

8.2.4       Initial assistance shall focus on the specific areas recommended for improvement by the participating teacher’s evaluator based upon the “unsatisfactory” rating or ratings in the performance evaluation that resulted in referral to the PAR Program.

8.2.5       Performance goals for an individual teacher shall be in writing, clearly stated, aligned with pupil learning, and consistent with Section 44662.

8.2.6       Assistance and review shall include multiple observations by a consulting teacher of a teacher during periods of classroom instruction.

8.2.7       The program shall expect and strongly encourage a collaborative relationship between the consulting teacher and the principal with respect to the process of peer assistance and review.  Communication and consultation between the participating teacher and the evaluator shall be ongoing.

8.2.8       The program shall have a monitoring component with a written record.

8.2.9       The teacher and evaluator shall each be entitled to review all reports generated by the consulting teacher prior to submission to the PAR Panel and to have affixed thereto his or her comments.  The teacher and evaluator will receive copies of all such reports at least five teacher duty days prior to any such meeting.

8.2.10     The consulting teacher shall submit a final written report regarding the teacher’s participation in PAR to the PAR Panel and to the teacher’s evaluator no later than March 1 of the PAR year.  This report shall describe the measures of assistance provided to the teacher and describe the results of the assistance in the area or areas recommended for improvement.

8.2.11     The final report of an “unsatisfactory” teacher’s participation in the program shall be made available for placement in the personnel file of the teacher receiving assistance.  If it is included in the personnel file, the teacher shall have the opportunity to attach comments.

8.2.12     Nothing in this section shall be construed as in any way limiting the authority of the Governing Board to develop and adopt additional evaluation and assessment guidelines or criteria. 

8.2.13     Nothing in this article precludes a school administrator from doing formal or informal observations nor from notifying the teacher verbally and / or in writing regarding incidents or events related to the teacher’s fulfillment of his or her professional obligations.

8.2.14     The permanent teacher shall have a right to be represented by the Association in any meetings of the PAR Panel to which he or she is called, and shall be given a reasonable opportunity to present his or her point of view concerning any report being made.

8.2.15     A teacher or an evaluator shall have the right to present reasons why a specific consulting teacher should be selected or replaced.

8.2.16     A participating teacher shall not have access to the grievance process to challenge the content of reports, or decisions by the PAR Panel, but may file responses which shall become part of the official record of the Assistance Plan. 

8.2.17     The parties understand that every possible subject matter competency may not be available within the corps of District consulting teachers, and it shall occasionally be necessary to secure additional assistance to fully address identified deficiencies.  In such cases, a consulting teacher may be selected from the Placer County Peer Assistance and Review Consortium of which this District is a member.   In such cases, the District’s consulting teacher shall maintain primary responsibility for the Assistance Plan, but may function more like a case carrier who assures the availability of appropriate resources.  (Note: Paragraph 8.2 relates to mandatory participation requirements and program expectations; therefore, reference to probationary and temporary teachers is misplaced).

 

8.3       Voluntary participation of permanent teachers in the PAR program is encouraged for those desiring to address some specific weaknesses or other areas of curriculum etc., that they feel would be to their benefit.

 

8.3.1       Permanent teachers desiring assistance in improving their practice may apply to the PAR Panel by October 1st for such assistance on a confidential basis.  However, the teacher’s evaluator shall be notified of the teachers’ self-referral.

8.3.2       The volunteer and consulting teacher will meet to determine the needs of the volunteering teacher as specifically as possible and will jointly develop an Assistance Plan.

8.3.3       Consulting teachers shall provide oral and written feedback to the volunteer teacher.  All communication shall be confidential.

8.3.4       The volunteer teacher may terminate participation in the program at any time.

8.3.5       When a teacher enters the program voluntarily, documentation will not be placed in the personnel file as long as participation continues on a voluntary basis.  All communication between the teacher and the consulting teacher shall remain confidential.

 

8.4       Voluntary participation of experienced probationary teachers in PAR is encouraged, especially for those new to the District who feel they need some assistance.

 

8.4.1       Probationary teachers not eligible for BTSA desiring assistance in improving their practice may apply to the PAR Panel for such assistance on a confidential basis.  However, the teacher’s evaluator shall be notified of the teachers’ self-referral.

8.4.2       The volunteer and consulting teacher will meet to determine the needs of the volunteering teacher as specifically as possible and will jointly develop an Assistance Plan.

8.4.3       Consulting teachers shall provide oral and written feedback to the volunteer teacher.  All communication shall be confidential.

8.4.4       The volunteer may terminate participation in the program at any time.

8.4.5       When a teacher enters the program voluntarily, documentation will not be placed in the personnel file as long as participation continues on a voluntary basis.  All communication between the teacher and the consulting teacher shall remain confidential.

 

8.5       The governance structure of the PAR program includes a joint teacher/administrator Peer Assistance and Review Panel that shall select consulting teachers, review peer review reports prepared by consulting teachers, and make recommendations to the Governing Board regarding participants in the program, including forwarding to the Governing Board the names of individuals who, after sustained assistance, are not able to demonstrate satisfactory improvement.

 

8.5.1       The panel shall be composed of 2 certificated classroom teachers chosen to serve on the panel by the Association.  A school administrator shall be chosen to serve on the panel by the Governing Board.

8.5.2       The term of office will be two years, except for the initial teacher panel members, whose terms will be staggered terms of one to two years to assure continuity from year to year.

8.5.3       Decisions of the Panel shall be by consensus whenever possible.  If a vote is required, action must be taken by an affirmative vote of at least a majority of members.

8.5.4       Consulting teachers shall be selected by the majority vote of the panel.

8.5.5       The selection process shall include provisions for classroom observation of the candidates for consulting teacher by the panel.

8.5.6       The PAR Panel shall be responsible for:

8.5.6.1      Establishing its own rules and procedures

8.5.6.2      Selecting its own chairperson

8.5.6.3      Establishing a procedure for application and selection of peer consultants

8.5.6.4      Selecting peer consultants

8.5.6.5      Accepting referrals for permanent teacher peer assistance from evaluators

8.5.6.6      Accepting voluntary requests for assistance from individual teachers if there are sufficient consulting teachers available to serve these additional requests for service.

 

8.6       The panel shall annually evaluate the impact of the District’s peer assistance and review program in order to improve the program.  This evaluation may include, but is not limited to, interviews or surveys of the program participants.  The panel may submit recommendations for improvement of the program to the Governing Board of the school District.

 

8.7       Except for the initial year, the PAR panel will recommend to the Governing Board by May 15 of each fiscal year, a Program budget for the succeeding year including:

 

8.7.1       The estimated revenue for the PAR Program

8.7.2       The estimated expenditures based on:

  • The number of teachers mandated to take part
  • The number of beginning teachers eligible for BTSA
  • The number of spaces available for volunteers
  • The projected number of consulting teachers needed
  • Release time needed for PAR Panel and consulting teacher
  • Projected costs of training for everyone involved with PAR
  • Projected cost of PAR funded staff development
  • Projected cost of curriculum development activities (if any)

 

8.8       A PAR Panel member shall neither participate in discussion nor vote on any matter in which he or she has a personal conflict of interest.

 

8.9       Neither the teacher, nor the consulting teacher, nor the evaluator may be present during confidential deliberations of the PAR Panel.  The Panel may request additional information from any person involved in the program.

 

8.10     The decision of the PAR Panel shall be reported to the teacher, the consulting teacher, the evaluator, and where the teacher has previously requested Association assistance the Association representative prior to being forwarded to the   Governing Board.

 

8.11     The PAR program requires the selection of consulting teachers to perform the peer assistance and implement the improvement plan.  Such teachers can be selected from within the District or from the Placer County Peer Assistance and Review consortium of which the District is a member.

 

8.11.1     A consulting teacher participating in this program shall be a credentialed classroom teacher with permanent status.  The consulting teacher shall have at least five years of recent experience in classroom instruction.

8.11.2     The consulting teacher shall have demonstrated exemplary teaching ability, as indicated by, among other things, effective communication skills, subject matter knowledge, and mastery of a range of teaching strategies necessary to meet the needs of pupils in different contexts.

8.11.3     The consulting teacher shall have demonstrated positive personal relations, collaboration, and team building skills.

8.11.4     Duties of the consulting teacher may include, but are not limited to:

 

8.11.4.1    Consulting with the participating teacher to develop strategies

8.11.4.2    To improve in the areas targeted by the evaluator for improvement meeting and consulting with the evaluator regarding the nature of assistance being provided

8.11.4.3    Observations of the teacher in the classroom

8.11.4.4    Allowing the teacher to observe consulting teacher or other teachers selected by the consulting teacher

8.11.4.5    Attending any needed training in how to support another teacher or in subject area or teaching techniques

8.11.4.6    Recommending workshops for the participating teacher to attend.

 

8.12     The PAR program calls for the panel to recommend a budget and direct the use of funds in accordance with the priorities set in Paragraph 8.1, of this Article.

 

8.12.1     See Paragraph 8.1 for priorities.

8.12.2     Any hours worked beyond the normal teaching day by consulting teachers or panel member teachers will be paid at the per-diem rate of certificated teachers under this agreement.

8.12.3     Not more than 5% of the funds received by a school District for the Peer Assistance and Review Program for Teachers may be expended for administrative expenses.

8.12.4     Expenditures for the PAR Program shall not exceed revenues received from the State for the PAR Program.

 

8.13     Other Provisions

 

8.13.1     Functions performed pursuant to this article by certificated employees employed in a bargaining unit position shall not constitute either management or supervisory functions as defined by subdivisions (g) and (m) of Section 3540.1 of the Government Code.

8.13.2     All proceedings and materials related to the administration of the PAR Program shall be strictly confidential.  Panel members and consulting teachers may disclose such information only as necessary to administer the Program.  Documents and writings related to an employee’s participation in the PAR Program are regarded as personnel matters and shall be subject to the personnel record exemption of the Public Records Act (Government Code Section 6250 et. seq.)

8.13.3     Teachers who provide assistance and review shall have the same protection form liability and access to appropriate defense as other public school employees pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.

8.13.4     The PAR Program in no manner diminishes the legal and contractual rights of bargaining unit members.

8.13.5     Nothing in this Article shall, in any way, modify or affect the rights of the District under provisions of the Education Code relating to the employment, classification, retention, non-reelection, or release of certificated employees.

8.13.6     It is the intent of the District and the Association that this Article remain in effect for as long as specific state funding for the California Peer Assistance and Review Program is received by the District or is negotiated otherwise.  If PAR funding is eliminated, this Article shall expire and have no force or effect without need for further action by either the District or the Association.


ARTICLE 9

 

EVALUATION PROCEDURE

 

 

9.1       Definitions

 

9.1.1       Observation

               Formal and informal classroom visitations and instructional lesson observations.  Formal and informal observation of teacher performance relative to those areas of assessment as specified in Education Code section 44662, 44663 and 44664.

9.1.2       Evaluation

               An overall summary evaluation of a certificated employee which is based upon observations and communications between the certificated employee and the District administration.

 

9.2       Criteria

 

9.2.1       Criteria for a formal evaluation will be based upon such criteria as enumerated in Education Code section 44660, et seq. and other additional performance standards as adopted into policy by the District Board of Trustees.  See Appendix A for forms and related information.

 

9.3       Purpose

 

9.3.1       It is recognized that evaluation is intended to be a process that improves the skills of certificated employees.  As such, all evaluation components including planning, on-going observations and conferences and a summary conference and written evaluation are equally important.

 

9.4       Procedures

 

9.4.1       Evaluations shall occur at least once each year for probationary employees and every other year for permanent employees.

9.4.2       Teacher's individual goals and objectives for the year per Education Code section 44662 shall be developed within the first six weeks of the school year.  While it is the intent of the parties that the evaluator and the teacher will collaborate on the development of individual goals and objectives, the evaluator may make necessary additions to, or changes in, the objectives.  Each teacher’s goals and objectives will be derived from a self-assessment on the Framework for Teaching domains and components using the Self-Assessment form attached in Appendix A. This self-assessment data will be reviewed collaboratively by the teacher and evaluator, and two areas of practice within the eight components will be mutually agreed upon as areas of focus for the teacher.  Using these two areas of practice, the teacher will complete the Individual Growth Plan attached in Appendix A and provide a signed copy to the evaluator within seven (7) work days for his/her signature.  At the summary evaluation meeting, the teacher will complete the bottom portion of the Individual Growth Plan and provide evidence of success at an end-of-the-year reflection.  The teacher and evaluator will mutually agree upon which multiple student assessment measure will be used as a part of the discussion item at the summative evaluation meeting.   

 

9.4.3       Should formal observations be conducted, the following guidelines shall apply:

9.4.3.1      Formal classroom lesson observations shall be at least thirty (30) minutes in duration.

9.4.3.2      They shall occur only upon mutually agreed upon dates.  Nothing in this Article shall limit the ability of the evaluator from making unannounced visits to an employee's classroom or work site except that such visits shall not constitute the formal lesson observation referred to above.

9.4.3.3      Formal lesson observations shall be preceded by an agreement between the teacher and the evaluator as to the date of the observation and the areas of practice which will be observed.  After the formal lesson observation, a post-conference meeting, between the teacher and evaluator will occur within seven (7) working days.  The teacher will complete the Teacher Reflection Form in Appendix A prior to the post-conference meeting which will be discussed collaboratively with the evaluator.

9.4.3.4      Should concerns regarding the formal lesson observation be raised by the evaluator, written comments regarding those concerns will be brought to the teacher's attention not later than fifteen (15) school days following the observation so as to provide a teacher with opportunity to correct the noted concerns.  Before formal or informal observations may contribute to an unsatisfactory evaluation, specific notice shall be given to the employee.  Such notice shall provide reasonable opportunity for the employee to correct any deficiencies prior to receipt of an evaluation.

9.4.3.5      Evaluations shall be in writing and shall be transmitted to the employee not later than thirty (30) teacher duty days prior to the last school day in which instruction takes place.

9.4.3.6      A summative evaluation meeting between the employee and the evaluator shall be held to discuss the evaluation no later than the last teacher work day of that school year.  At the summative evaluation meeting the teacher will complete the bottom portion of the Individual Growth Plan including an end-of-year reflection and provide evidence of success.  The evaluator will review the summative evaluation form with the teacher, including ratings by domain and a separate overall rating.  The evaluator may analyze student performance on state and local assessment measures as they become available and include this analysis as a discussion item at the summative evaluation meeting.

9.4.3.7      The contents of a certificated employee's evaluation are excluded from the provisions of the grievance procedure.

9.4.3.8      Employees receiving an evaluation noting areas for improvement may pursue, at employee expense, avenues for self-improvement such as conferences and coursework and peer observation and visitation.

9.4.3.9      Employees receiving two (2) or more unsatisfactory ratings in those California Standards for the Teachers Professional (“CSTP”) areas where referral to Peer Assistance and Review (“PAR”) is required, will participate in the District’s PAR program.  Employees receiving one (1) such unsatisfactory rating are encouraged to voluntarily participate in the District’s PAR program.

9.4.3.10    If a certificated employee disagrees with the evaluator's written evaluation, the employee may request a meeting with the Board of Trustees to discuss the evaluation and the specifics of their disagreement.

 

 9.4.3.11 The employee's request shall be transmitted in writing to the Superintendent no later than thirty (30) teacher duty days following the Superintendent's receipt of the employee's request to meet with the Board.


ARTICLE 10

 

PERSONNEL FILES

 

 

10.1     The Board shall not base any adverse action against a teacher on any material not contained in such teacher's personnel file.  The personnel file shall be deemed to include temporary as well as permanent personnel files.

 

10.2     A teacher shall be provided any negative or derogatory material before it is placed in the file.  Such material shall be signed and dated.  Review of such files will be allowed in accordance with Education Code section 44031.

 

10.3     Upon written authorization by the teacher, a representative of the Association shall be permitted to examine and/or obtain copies of materials in such teacher's personnel file.

 

10.4     In order to maintain the strictest confidence, access to personnel files will be strictly controlled by the administration.


ARTICLE 11

TEACHER DISCIPLINE

 

 

11.1     Disciplinary action, as used in the Article means written reprimands and suspensions without pay for up to fifteen (15) days.  This Article shall not limit the District’s right to evaluate or to reprimand orally or to counsel employees; nor shall anything in Article 9 – EVALUATION PROCEDURE, limit the District’s right to discipline employees pursuant to this Article.

 

11.2     The District may issue written reprimands, subject to the following in the order stated:

 

11.2.1     The employee may submit a response or rebuttal to the written reprimand which will be retained in the records along with the reprimand in accordance with Education Code Section 44031.

11.2.2     The employee may discuss the written reprimand with the Superintendent or his/her designee.  This discussion, unless waived by the employee, shall take place within seven (7) days from the date the employee receives the written reprimand.

11.2.3     If the discussion with the Superintendent does not resolve the employee’s concerns, or if the meeting is waived, the Association may within twenty (20) school days from the date the employee receives the reprimand, contact the State Mediation and Conciliation Service and request the services of a mediator to assist in the resolution of the dispute.

11.2.4     The parties shall meet with the mediator at times that are mutually convenient.

11.2.5     The parties may develop “ground rules” for this process themselves, or develop the “ground rules” with the mediator, or permit the mediator to establish his/her own “ground rules.”

11.2.6     A mutually acceptable mediated settlement resulting from the mediator’s efforts shall be binding on both parties.

11.2.7     In an event a mutually acceptable mediated settlement is not reached, the mediator shall issue a recommendation to the Association and Board of Trustees for consideration.  The Board of Trustees shall consider the mediator’s recommendation in closed session and shall either accept, reject, or modify the mediator’s recommendation.

11.2.8     Once the mediator has deemed mediation over, the mediator shall have no other further obligation to the parties.  Nothing contained herein be deemed a waiver of the mediator’s rights under Evidence Code Section 65.

11.2.9     The above shall constitute the final step of review for written reprimands.

11.3     The District may suspend employees without pay for up to fifteen (15) working days, pursuant to the following provisions:

 

11.3.1     Discipline shall be progressive and shall be based upon just cause, including but limited to:

11.3.1.1    Unauthorized absences;

11.3.1.2    Repeated unauthorized tardiness;

11.3.1.3    Repeated failure to perform regular or other assigned duties;

11.3.1.4    Commission of an act involving moral turpitude;

11.3.1.5    Insubordination;

11.3.1.6    Consumption of alcoholic beverages during regular duty hours and/or school functions; or being under the influence of alcohol at/or attending school functions;

11.3.1.7    Knowingly providing verbal or written confidential student information to non-District individuals not legally entitled to such information;

11.3.1.8    Failure to comply with or abuse any section or Article of this contract

11.3.1.9    Any cause set forth in Section 44932 of the California Education Code.

11.3.2     The Superintendent or his/her designee shall give written notice to the employee of the District’s intent to suspend the employee.  Notification to an employee of proposed suspension shall be deemed sufficient when it is delivered in person to the employee or when it is deposited in the U.S. Certified Mail, postage prepaid, and addressed to the last known address of the employee.  The notification shall contain the following:

11.3.2.1    A statement of the specific acts and omissions upon which the suspension is based;

11.3.2.2    A statement of the cause or causes, for the action taken;

11.3.2.3    If it is claimed that the employee has violated a rule or regulation of the District, a statement of the rule or regulation;

11.3.2.4    A statement of the suspension proposed, including beginning and ending date(s);

11.3.2.5    A statement that the employee has a right to discuss informally the proposed suspension with the Superintendent or his/her designee prior to the suspension and a proposed date, time and place for such pre-suspension discussion.  The pre-suspension discussion, unless waived, shall take place within seven (7) school days from the date of the notice.  If the employee does not respond, the District will schedule the suspension and provide notice thereof to the employee;

11.3.2.6    A statement that the employee may appeal the proposed suspension by filing a grievance directly with the Superintendent or his/her designee within twenty (20) school days from the date of the notice of proposed suspension.

11.3.3     The pre-suspension discussion shall be informal.  The employee shall be given the opportunity to present facts and arguments regarding the proposed suspension.

11.3.4     The Superintendent or his/her designee shall inform the employee of the decision to suspend or not to suspend within ten (10) working days from the date of the pre-suspension discussion or after ten (10) days from the date of the notice of intent to suspend if the employee did not respond.

11.3.5     Any suspension without pay arising out of the application of this Article shall, upon request of the grievant and at the discretion of the Association, be submitted to Step 4 of the Article 6 Grievance Procedures and all provisions therein shall apply.  In the event a suspension is submitted to arbitration, the suspension shall be deferred pending the outcome of the arbitration.

11.3.6     In emergency situations requiring immediate action, the District may place the employee on administrative leave with pay without scheduling a pre-discipline discussion.  In such emergency situations, the Superintendent or his/her designee shall schedule an informal discussion with the employee and provide the employee with written notice thereof as soon as possible after the leave has commenced.

11.4     Nothing in this Article shall limit the District's right to institute dismissal and immediate suspension and mandatory leave of absence proceedings as set forth in the California Education Code, nor shall discipline under this Article be regarded as a pre-condition to any proceedings under the California Education Code.

 

11.5     Suspensions pursuant to this Article shall not reduce or deprive the employee of seniority or health benefits.

 

11.6     The employee may request the presence of an Association representative at any meeting scheduled by an administrator where disciplinary action is contemplated.

 

            .

 


ARTICLE 12

 

LEAVES

 

 

12.1     The District Shall Administer Its Leave Provisions in Accordance with Current Education Code as Follows:

 

44962 and 44963:                   Board Power to Grant Leaves

            44964:                                     Maternity Leave

            44966 through 44974              Leaves of Absence for Study and Travel

44978 through 44980:             Provision for Ten (10) Days Sick Leave Annually

44981:                                     Leave of Absence for Personal Necessity

            44984:                                     Industrial Accident Leave

44985:                                     Bereavement Leave

44036:                                     Judicial and Official Appearances

 

12.2     Personal Leave

 

12.2.1     Credited sick leave may be used for the purpose of personal necessity as defined in Education Code 44981.

12.2.2     Personal necessity days allowed a bargaining unit member may be used by the employee in cases of personal necessity for any of the following:

12.2.2.1    Death of a member of the immediate family which necessitates leave beyond bereavement leave allotted.

12.2.2.2  Serious accident involving his/her person or property or a member of his/her immediate family.

12.2.2.3    Appearance in court as a litigant.

12.2.2.4    Serious illness in the immediate family.

12.2.2.5   Paternity leave at the birth of a child.

12.2.2.6    Observance of a religious holiday.

12.2.2.7    Bereavement for someone other than immediate family.

 

12.2.3     Of the seven (7) permitted personal leave days, five (5) may be used at the discretion of the employee.  However, no more than two (2) of the five (5) discretionary days may be used consecutively, unless otherwise approved by the Board in advance. 

12.2.3.1    It is not the intent of this section of Article 11 that an employee extend a holiday or vacation period solely for recreational purposes.

12.2.3.2    In the event that a professional discretion day would extend a holiday or vacation period, an employee shall state the reason on the Certificated Staff Absence Report.

12.2.3.3    Such discretionary days shall not be used for concerted union activities of any kind.

12.2.4     The District recognizes that there are certain personal necessities that will afford the employee no advance notice.  Employees will, however, make a good faith effort to secure approval of a personal necessity day far enough in advance to facilitate the scheduling of a substitute.

12.2.5     The District agrees to make a good faith effort to require only that information which is necessary to make an informed decision in determining approval of personal necessity requests.

 

12.3     Miscellaneous Leave Provisions

 

12.3.1     No later than October 1 of each year, the District shall provide each member of the bargaining unit with a written statement containing the number of earned and accumulated days of sick leave.

12.3.2     Members of the bargaining unit who are employed during the summer school sessions shall earn up to one (1) day of sick leave for each summer session.  These days shall not be cumulative.

12.3.3     The District may, upon written request of a teacher, grant unpaid leave for the purpose of child rearing not to exceed one (1) year. 

12.3.4     The District may, upon written request of an employee, grant sub-difference and/or unpaid leave for extenuating circumstances necessitating the absence of the employee beyond the allotted personal necessity days enumerated elsewhere in this Article.

 

12.4    Catastrophic Leave

           12.4.1    Description:

                          Eligible permanent unit member (see section 12.4.2c) who is suffering from a catastrophic illness or injury may request donations of sick leave credits under the catastrophic leave program.  “Catastrophic illness” or “injury” is defined as an illness or injury that is expected to incapacitate the employee for an extended period of time and creates a financial hardship for the employee because he/she has exhausted all of his/her accrued sick leave.

 

12.4.2     Contributions:

  1. Days in the Catastrophic Leave Bank shall accumulate from year to year.
  2. Days shall be contributed to the Bank and withdrawn from the Bank without regard to the daily rate of pay of the participant.
  3. Initially, to join the catastrophic leave bank program, employees must have permanent status and must have at least nine (9) days of accrued sick leave remaining after donating to the bank.
  4. Participation is voluntary, but participation requires contribution to the bank. Only contributors will be permitted to draw from the bank.
  5. The annual rate of contribution by each participating member for each school year shall be one day of sick leave.
  6. The District shall supply enrollment forms for the Catastrophic Leave Bank to employees. The members will fill out the appropriate form and sign it authorizing the contribution.  The same contribution will continue to be donated each year to the bank unless canceled by the employee.  The District shall deduct contributions between beginning of school year and October 1 of each school year.  Members returning from extended leave and new members may contribute within thirty (30) days of beginning work.
  7. Cancellation on the proper form, may be effected at any time and the Member shall not be eligible to draw from the Bank as of the effective date of cancellation. Sick leave previously authorized for contribution to the bank shall not be returned if the member effects cancellation.

 

12.4.3     Withdrawals From the Bank:

  1. To request a withdrawal under this program, the employee shall provide verification of the catastrophic injury or illness by means of a letter, dated and signed by a physician, indicating the incapacitating nature and probable duration of the illness or injury.
  2. If a participant is incapacitated, applications may be submitted to the Catastrophic Committee by the participant’s agent or member of the participant’s family.
  3. Leave from the Bank may not be used for an illness or disability which qualifies the Participant for Worker’s Compensation benefits, unless the participant has exhausted all accrued leaves and workers’ compensation benefits have terminated. If the District challenges the Worker’s Compensation Claim, the participant may draw from the Bank but upon settlement of the claim, the Bank shall be reimbursed the days by the District.
  4. Participants must use all sick leave (but not differential leave) available to them before being eligible for a withdrawal from the bank.
  5. For participants who have differential leave available, the District shall pay the participant full pay and the Bank shall be charged one-half (1/2) day.
  6. Initial withdrawals from the Catastrophic Leave Bank shall be granted in units of no more than thirty (30) workdays. Additional days may be granted upon request and approval of the Catastrophic Leave Committee.  The maximum number of days granted to an employee shall be one hundred (100) days.  Unused days by the recipient shall be returned to the Catastrophic Leave Bank.
  7. The first ten (10) duty days of catastrophic illness or disability must be covered by the participant’s own sick leave, differential leave, or leave without pay. For example, if the participant had five (5) days of sick leave at the beginning of the illness, he/she shall begin withdrawing days on the eleventh workday.
  8. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee may approve withdrawal up to the maximum days in the bank.
  9. Approval of any request shall require majority vote of the committee and shall be final and binding and not subject to the grievance procedure of the Collective Agreement in force between the District and ACE.

 

12.4.4     Administration of the Bank:

  1. The Catastrophic Leave Bank Committee shall have the responsibility of maintaining the records of the Catastrophic Leave Bank, receiving withdrawal requests, verifying the validity of requests, approving or denying the requests, and communicating its decisions, in writing, to the participants and to the district.
  2. The Committee shall consist of three (3) standing committee members, two (2) at-large members. The standing committee members shall be the Superintendent, the ACE President or his/her designee, and another District staff person selected by the Superintendent.  The at-large members shall be selected by the ACE executive board.
  3. Application shall be reviewed and decisions of the Committee reported to the applicant, in writing, within ten (10) workdays of receipt of the application.
  4. The Committee shall keep all requests confidential.
  5. Following the enrollment period, beginning of school year through October 1, the committee will compile the following information:
  6. The names of participating members.
  7. The names of any members who have cancelled.
  8. the total number of days in the bank.

 

12.4.5     If the Catastrophic Leave Bank is terminated for any reason, the days remaining in the Catastrophic Leave Bank shall be returned to the then current members of the Bank proportionately in units of no less than one-half (1/2) day.  Lottery method shall be used if there are not enough days to return unused days proportionately to the current members.

 

              


ARTICLE 13

PLANNING TIME

 

 

13.1     In the interest of providing a high quality program to all of our students, it is understood that an opportunity for teachers to plan collaboratively is an important ingredient toward that end.

           

13.2     It is understood and agreed that the following sections shall provide guidelines for the implementation of team/collaborative planning time.

 

13.3     Intent

 

13.3.1     It is the intent of this Article, as set forth in Section 13.4.3 below, to provide all full-time equivalent teachers in grades K-8 with 160 minutes per week of combined planning and collaboration time.

 

13.4     Implementation

 

13.4.1     Two or more teachers constitutes a collaborative or team effort.

13.4.2     Requests to approve additional collaboration or planning time in order to accommodate special needs, such as combination classes or RSP, may be approved by the Superintendent/Principal and /or his/her designee.  This time may be provided as a release day at least once a trimester or through additional PE time if possible.

13.4.3     During a regular work week:

               13.4.3.1        Consistent with Section 13.4.3.3 below, all full-time equivalent      

                                    teachers in grades K-8 shall receive an average of one hundred (100) minutes per         

                                    week of planning time during the student contact day. 

               13.4.3.2        Consistent with Section 13.4.3.3 below, all full-time equivalent      

                                    teachers assigned to teach grades K-8 shall have an additional

                                    collaborative planning time of sixty (60) minutes per week in which

                                    students are dismissed sixty (60) minutes prior to the regular dismissal      

                                    time.  Collaborative work during this time shall be directed by the

                                    Administration and dedicated to work as a Professional Learning   

                                    Community (PLC).

               13.4.3.3        The District Administration will work with the Association to de velop

                                     an equitable distribution of planning time lost as a result of the      

                                    following holidays: Labor Day, Veteran’s Day, Martin Luther        

                                    King Day, President’s Day, Lincoln’s Birthday, and Memorial       

                                    Day.  If any of the above individual holidays fall during a week of             

                                    teacher non-duty time, then those individual holidays will not be    

                                    subject to this provision.

 

 

 

 

 

 

ARTICLE 14

 

HEALTH AND WELFARE BENEFITS

 

 

14.1     Health Coverage shall be as follows for the duration of the contract:

 

14.1.1     Any medical, dental or vision plan available to District employees shall be provided through the Schools Insurance Group (“SIG”).

14.1.2     Employees shall have the option of selecting any plan(s) available through the District’s insurance carrier including any HMO, PPO, Dental or Vision plan with individual eligibility determined by the insurance carrier.

14.1.3     The District will conduct an annual “open enrollment” during which individual employees may select from available Health and Welfare options.  The District will coordinate the “open enrollment” session and will include roving substitutes (if applicable) to facilitate teacher attendance.

14.1.4     Effective for 2013-2014, the district shall make a maximum annual contribution of $8500 toward the cost of health, dental, and vision benefits per full-time employee and any cost for such benefits in excess of $8500 shall be borne as follows: 70% by the employee and 30% by the District.

               In addition, for any full-time certificated bargaining unit member who enrolls in the High Deductible Health Plan (HDHP) with a Health Savings Account (HSA) for 2013-2014 with a cost to the District of less than $8500, the District shall, in January 2014, deposit a sum equal to seventy-five percent (75%) of the annual difference between the District’s contribution of $8500 and the 2013-2014 annual premium cost for that HDHP into the unit member’s HSA through the District’s IRS 125 Plan or as otherwise required under IRS rules and regulations.

14.1.5     Effective for 2014-2015, the District shall make a maximum annual contribution of $9000 toward the cost of health, dental and vision benefits per full-time employee and any cost for such benefits in excess of the District’s $9000 contribution shall be borne as follows: 85% by the employee and 15% by the District.

               In addition, for any full-time certificated bargaining unit member who enrolls in the High Deductible Health Plan (HDHP) with a Health Savings Account (HSA)  for 2014-2015 with a cost to the District of less than $9000, the District shall, in January 2015, deposit a sum equal to seventy-five percent (75%) of the annual difference between the District’s contribution of $9000 and the 2014-2015 annual premium cost for that HDHP into the unit member’s HSA through the District’s IRS 125 Plan or as otherwise required under IRS rules and regulations

14.1.6     Effective for 2015-2016, the District shall contribute a maximum of $10,000 per year toward the cost of health, dental, and vision benefits per full-time bargaining unit member and any cost for such benefits in excess of the District’s $10,000 contribution shall be borne by the employee.    

 

14.2     Changes in types of Plans or specifics of "coverage" for the entire employee unit or individuals within the unit shall be made in accordance with current SIG regulations and practices.  Options for Plans which are more costly than the District contribution covers may be made at the employee's expense and in accordance with SIG procedures and practices.

 

14.3     Part-time certificated employees, except substitutes, shall become eligible for pro-rated benefits at a minimum contract percentage of fifty percent (50%).  Health Benefits for part-time certificated employees shall be pro-rated based upon the percentage of the individual employee's contract.

 

14.4     Employees on a Board-approved leave from the school District may opt to continue receiving Health-Welfare benefits at no cost to the District.

 

14.5     Employees with less than twenty (20) years District service (continuous, exclusive of approved leaves) upon retirement, may opt to continue receiving Health-Welfare benefits at no cost to the District.

 

14.6     Retiree Benefits

 

14.6.1     Retirement shall be defined per Education Code Section 22165 as a bargaining unit member who has withdrawn membership from STRS and has begun to receive his/her retirement allowance within thirty (30) days after the effective date of his/her resignation from the District.

14.6.2     A retireant shall be defined per Education Code section 22146(d) as a unit member who has been retired for service or for disability and is receiving a retirement allowance from the STRS system per item 14.6.1 above.

14.6.3     Should a retireant return to service and again be a STRS member, he/she shall cease to be defined as a Retireant and will no longer be eligible for District-paid benefits.

14.6.4     The District shall contribute payment toward Medical insurance coverage of a Retireant per the following conditions:

 

14.6.4.1    The Retireant shall have had a minimum of twenty (20) years continuous service to the District (exclusive of District-approved leaves).  Part-time employment as a permanent employee, or as a probationary employee on a tenure track, shall contribute to the total years of continuous service on a pro- rated basis.

14.6.4.2    District payment shall be made at the rate of one-half (½) year of medical coverage for each year of the Retireant's full-time District employment.

14.6.4.3    Such District contribution shall be paid at fifty percent (50%) of the Retireant’s medical rate until the Retireant is eligible for Medicare coverage. The District will not make any contribution for the retiree’s dental or vision care or for the cost to insure any family members.

14.6.4.4    Upon eligibility for Medicare coverage, the Retireant will contribute toward and participate in Medicare coverage in accordance with School Insurance Group regulation.  School Insurance Group Medical coverage will then assume a secondary pay status.  The District contribution will then be made toward SIG medical coverage up to a maximum of fifty percent (50%) of the cost of the retiree’s annual medical rate.  In no such event will the District fund any portion of insurance costs for the retiree’s family members.

14.6.4.5    Should the Retireant be employed in non-STRS eligible service and be offered medical coverage at no cost to the Retireant, the District contribution to the Retireant's District medical coverage shall cease for the duration of said employment/service and coverage.

14.6.4.6    The total number of years that the Retireant is eligible to receive District contribution toward medical coverage, as established in Section 14.6.4.2 above, shall be governed by a consecutive running calendar of years, beginning with the establishment of Retireant status and continuing through any subsequent non-STRS eligible employment.

14.6.4.7    District financial contributions toward and conditions of Medical insurance coverage for a retireant shall be subject to the administrative rules and regulations of the District's insurance carrier(s) or any other state or federal rules/regulations that may affect and/or limit such medical coverage.

14.6.4.8    When a Retireant's District-paid contribution to medical coverage expires per eligibility described above, the Retireant may opt to continue with the District medical plan per SIG regulations and guidelines at the Retireant's expense.

14.6.4.9    Options for change of plans will be extended to Retireants with the same conditions as described in Section 14.2 above.

14.6.4.10  Should there be federal or state legislation enacted which would affect the implementation of the District Health Benefits Program, the provisions of this Article shall be reopened for negotiation.


ARTICLE 15

 

SALARY

 

 

 

15.1     Salary Schedule

 

15.1.1     The 2019-2020 schedule is attached hereto as Appendix B.

               Effective February 5, 2015:  The Parties agree that the District shall increase the certificated salary schedule by 3% retroactive for the 2014-2015 school year.

              

15.1.2     The sum of $1000.00 per annum will be added to the salary of members with a Master’s Degree from a Regionally Accredited College or University.

15.1.3     Effective December 19, 2013:  Any unit member hired on or after July 1, 2012 shall receive initial salary schedule credit for all contracted teaching service outside the district at the rate of one (1) increment (step) for one (1) year of service up to a maximum of five (5) increments for placement on Step 6 of the Salary Schedule. To be eligible for this salary schedule credit upon initial employment, the unit member must have held a valid California preliminary or clear credential or equivalent thereto, while performing the service outside the District.

 

15.2     Extra Duty Stipend

 

15.2.1     The current extra duty stipend schedule is attached hereto as Appendix C.  In the event the staff, Association or the Administration believe that a duty should be added to the current schedule, the following procedure shall be followed:

15.2.1.1    Any party, i.e., the staff, Association or the administration, may make a written proposal to the other briefly outlining the requested addition, including a suggested extra duty description, title, amount of stipend, and facts indicating a perceived need.

15.2.1.2    The staff, the Association and the administration shall then meet to discuss the suggested addition.

15.2.1.3    If the staff, the Association and the administration agree on the proposal, the proposal shall be submitted to the Governing Board for its consideration and possible action.  If the parties are unable to agree on the proposal, each party may separately submit its proposal to the Governing Board for Governing Board consideration and possible action.

15.2.1.4    Any action of the Governing Board in establishing an extra duty stipend pursuant to the above shall be interim in nature.  Regardless of outcome, the initial extra duty written proposal and result shall become an automatic part of the first negotiations that occur between the parties following the above process.

15.2.1.5    Extra duty involving management functions, e.g., Summer School Principal, Athletic Director, shall not be subject to this process.

 

15.3     Advancement on the Salary Schedule

 

15.3.1     Lower division units will not be acceptable for column change unless prior approval for such units is obtained in writing from the Superintendent.

15.3.2     In order to assure course credit for column advancement on the salary schedule, the unit member must obtain approval in advance from the Superintendent/Principal.  Also, all courses honored for salary credit shall meet the following criteria:

 

15.3.2.1   The unit member will notify the District of his/her intent to complete units for advancement on the salary schedule along with his/her notification of intent to return, no later than April 15th for the school year in which the units member expects to change columns on the salary schedule.  This will be the mechanism for ensuring that funds are budgeted to accommodate the salary increase as part of the normal budget development process;

15.3.2.2    In conjunction with 15.3.2.1 (above), the individual must complete units no later than September 1 of the next school year.  The unit member will also provide original transcripts as verification of course completion; and;

15.3.2.3    The units must be from a college or university accredited by the Western Association of Schools and Colleges or an equivalent accreditation authority; University units will, in general, be graduate units.  Undergraduate units will be allowed for column change only with the prior approval of the Superintendent/Principal.  Classes will be related to the employee's teaching assignment;

15.3.2.4    Units for salary credit are commenced and completed after awarding of a Bachelor’s degree (as verified by transcripts) and are semester units or equivalent;

15.3.2.5    The units must be for a course related to the unit member’s current or anticipated assignments; and

                

15.3.2.6    A grade of "C" or better or "pass" must be received in order for a course to be acceptable for salary credit.

 

15.3.3     A unit member must serve a minimum of seventy-five percent (75%) of the days taught in any school year in order to advance a step on the salary schedule of the following year.

 

15.3.4     Movement from Column A to Column B requires forty-five (45) post baccalaureate units.

 

15.3.5     Movement from Column B to C, C to D, and D to E requires fifteen (15) units for each column change.  Ten (10) of each of these fifteen (15) units blocks may be District Units.

 

 15.3.6    Application of "District Units" for column placement will be implemented as follows:

15.3.6.1    All units will have the approval of the Superintendent/Principal in order to be used for column changes.

15.3.6.2    District units can be accumulated only while the employee is employed by CESD.

15.3.6.3    With prior approval from the Superintendent/Principal, the District will provide a substitute teacher for a regular teacher who is attending a workshop.

15.3.6.4    If a workshop is to be used for column change units, the employee will bear the cost of the workshop; unless

15.3.6.4.1     an employee is being requested by school administration to attend a workshop, the District will bear the cost of the workshop.  Such a workshop class would still be eligible for units accumulated for column change, or

 

15.3.6.4.2     an employee is being required to attend a workshop, the District will bear the cost of the workshop, but such workshop is not eligible for units accumulated for column change.

 

15.3.6.5    A "unit" is defined as a semester unit and would, in general, require fifteen (15) class clock hours of lecture equivalent instruction to make one unit. 

 

15.3.7     District training provided as a regular and routine part of the school staff development process shall not be counted as class clock hours toward column placement advancement.

15.3.8     Workshops taken during contracted work hours, whether University or District, will accumulate clock hours toward a unit at one-half (½) the rate of classes taken during non-contract work hours.

15.4     Tax-Sheltered Annuity

 

15.4.1     Teachers may participate at their cost in the tax-sheltered annuity of their choice.  The District shall provide payroll deduction for this purpose.

 15.5    Summer School and Hourly Rate of Pay

 

            15.5.1  All certificated employees shall be compensated an hourly rate on the salary        

                          schedule Column B, Step 2 for summer school, after-school program or for

                          working on categorically funded programs; i.e. component writing for Title and

                          SI, grant writing.  Scheduling of such work must have the approval of the

                          administration.

 

            15.5.2   The formula to calculate said pay is B-2 Annual Rate, divided by work year as    

                         defined in section 3.4, divided by the regular workday as defined in section 3.1.

 

             15.5.3   Summer School Coordinator, After School Program Coordinator, or any such     

                          program which is deemed by the Superintendent to require a coordinator, will be compensated  

                          at the said rate plus 15%.

 

15.5.4   The rate will reflect all increases or decreases reflected in the B-2 Salary Scale.                           
         ARTICLE 16

 

PUBLIC COMPLAINTS

 

 

16.1     Employees are encouraged to resolve complaints informally.  Formal complaint procedures shall not be initiated unless informal efforts to resolve the complaint have been exhausted and the complainant has provided a written description of such efforts.  The administration will provide the teacher with a copy of the formal complaint prior to any future conferences.

 

16.2     If a formal public complaint is made, the Administration shall first meet with the teacher as needed to discuss the charge(s).  Resolution of the complaint will be attempted at this level.

 

16.3     If resolution is not achieved, and the complainant wishes to pursue the complaint, a conference will be arranged with the complainant and the Administration, and the teacher if needed.  Efforts will be made to resolve the complaint at this level.

 

16.4     If the complaint is still unresolved, the administration will investigate the complaint and shall discuss its findings with the teacher.

 

16.5     The teacher shall have the opportunity to answer the complaint and report in writing.  If there is no resolution of the complaint, and the teacher chooses to respond, such response shall be attached to all District copies of the complaint.

 

16.6     If the charges are shown to be without substance, or if the complaint is withdrawn in writing by the complainant, the complaint and all related records shall be retained in a temporary file for a period not to exceed two (2) years.  It is understood that each complaint referred to in this paragraph is expunged from the record upon arriving at its second anniversary.

 

16.7     In accordance with Section 44031 of the Education Code, no complaints or charges will be placed in the teacher's personnel file unless he/she is given the opportunity to respond to the material to be included.

 


ARTICLE 17

 

JOB SHARING PROGRAM

 

 

 

17.1     Job Sharing is a plan whereby two (2) full-time permanent teachers agree to share full responsibilities for one (1) identifiable full-time position.

 

17.2     Teachers wishing to participate in the Job Sharing Program must first apply through the Superintendent.  Mutual agreement between the teacher(s) and the Superintendent is required before the shared teaching assignment can be finalized and submitted to the Board of Trustees for approval.

 

17.3     Shared teaching assignments shall be approved for a maximum of one (1) school year at a time.

 

17.4     Prior to participation, teachers shall request a part-time leave of absence from their full-time teaching positions. 

 

17.5     A condition of entry into shared teaching is that, upon completion of the first year of shared teaching,  

each teacher shall have a right of return to the position to which he or she was assigned during the school year immediately preceding the shared teaching assignment, if such position exists.

      

17.6     In the event the parties agree to continue the shared teaching assignment beyond the first year, the teachers shall decide between themselves which of them shall have the right to retain the shared teaching position, if it exists, in the event either or both teachers wish to subsequently return to a regular full-time teaching assignment.  The teachers will otherwise be reassigned in accordance with the needs of the District.

 

17.7     The total salary and health benefits; i.e., health, dental and vision, paid to two (2) teachers in a Job Sharing Program shall not exceed the total salary and health benefits that would be paid to one (1) teacher in a regular full-time teaching position.  Salaries of participants in the Job Sharing Program shall be paid on the same basis as their assignment is proportional to full-time service.

 

 


ARTICLE 18

 

ASSOCIATION RIGHTS

 

 

18.1     The Association and its members shall have the right to make use of school equipment, building and facilities at such times when they are not in conflict with District scheduled programs.  Requests will be made to the site administrator in advance.  Such equipment shall include computer, network equipment, and related e-mail service, typewriters, duplicating equipment, calculating machines, and all types of audio-visual equipment, when such equipment is not otherwise in use.  The actual cost of materials used will be borne by the Association.

 

18.2     The Association shall have the right to post notices of activities and matters of Association concern on Association bulletin boards, at least one of which shall be provided in each school building in areas frequented by teachers.  The Association may use school mailboxes for communications to teachers.  The copy of any bulk communication distributed to the certificated teaching staff using District mailboxes shall be timely delivered to the Principal/Superintendent.

 

18.3     The Association President or his/her designee shall be provided two (2) copies of the Governing Board packets excluding closed session materials.

 

18.4     Authorized representatives of the Association shall be permitted to transact official Association business on school property at hours when employees are not engaged in performing their professional duties and responsibilities related to student learning.  Upon arriving at the school site, any such representative shall first report to the office of the site administrator to announce his/her presence and who he/she wishes to see while on campus.

 

18.5     A roster of all District teachers shall be provided without cost to the staff no later than October 1st of each school year.

 

18.6     Within sixty (60) days of ratification of the Agreement by both parties herein, the Board shall provide sufficient copies for the Association to distribute to each teacher in the District.  The District will also provide a copy to each new teacher hired.


ARTICLE 19

 

CONSULTATION RIGHTS

 

 

19.1     It is recognized that the Association has the right to consult on the definition of education objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the District under the law.  If the Association desires to exercise this right to consult on the above-mentioned areas, it will do so by requesting a meeting with the Superintendent to discuss those issues.  The Superintendent or his designees will schedule a meeting with a committee of at least three (3) teachers designated by the Association within a reasonable amount of time, which shall be at a time when the certificated employees do not have classroom responsibilities.

 

19.2     The purpose of such meeting shall be to ascertain the views of the Association regarding those issues subject to this consultation process.

 

19.3     Once the Superintendent or his designee has received the views of the committee at such a meeting, the District has met the requirements of consultation specified in Government Code section 3543.2.  Nothing in this consultation process shall be deemed to make the above-mentioned specific issues subject to the meet and negotiate process.

 


ARTICLE 20

 

MANAGEMENT RIGHTS AND DISTRICT POWERS

 

 

20.1     It is understood and agreed that the District retains all of its powers and authority to direct and control to the full extent of the law.  Included in, but not limited to, those duties and powers are the rights to:  direct the work of its employees; determine the method, means and services to be provided; establish the educational philosophy and the goals and objectives; ensure the rights and educational opportunities of students; determine the staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of the District operation; determine the curriculum; build, move or modify the facilities; develop a budget; develop and implement budget procedures; determine the methods of raising revenue; and contract out work.  In addition, the Board retains the right to hire, assign, reassign, transfer, evaluate, promote, terminate and discipline employees, and to take action on any matter in the event of an emergency.

 

20.2     The exercise of the foregoing powers, rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformity with the laws of the State of California.

 

20.3     The Board will amend its written policies and procedures and take such other action by resolution or otherwise as may be necessary to give full force and effect to the provisions of this Agreement.

 

20.4     The Board of Trustees retains its right to amend, modify or rescind policies and practices referred to in this Agreement in cases of emergency.  Emergency conditions would include dangers to the health and safety of the staff and/or students such as civil disorder, natural disaster, school system malfunctions (heating, plumbing, electrical, etc.).

 

20.5     The determination of whether or not an emergency exists is solely within the discretion of the Board and is expressly excluded from the provisions of Article 6 -- The Grievance Procedure.


ARTICLE 21

 

EFFECT OF AGREEMENT

 

 

21.1     Any individual contract between the Board and an individual teacher heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement.

 

21.2     It is understood and agreed that the specific provisions contained in this Agreement shall prevail over District practices and procedures and over state laws to the extent permitted by state law and that, in the absence of specific provisions of this Agreement, such practices and procedures are within the authority of the District.

 

 


ARTICLE 22

 

COMPLETION OF MEET AND NEGOTIATE

 

 

22.1     Upon the conclusion of negotiations of this Agreement, each party believed that it had achieved a fair and equitable settlement for its respective Principal, i.e., the bargaining unit members and the Governing Board. 

 

22.1.1     It is agreed, however, that should issues arise prior to the scheduled opportunity for negotiations for a successor agreement, the parties will afford to one another the right to consult on such issues on at least a tri-monthly basis. 

22.1.2     Such right to consult does not include the right to invoke the impasse procedure as set forth in Government Code Section 3548 and following. 

22.1.3     Any agreement reached pursuant to this consult process may be reduced to writing.

22.2     Notwithstanding the above, the District shall negotiate at any time on any issue that legally requires such negotiation.


ARTICLE 23

 

SAVINGS PROVISIONS

 

 

23.1     If any provisions of this Agreement are held to be contrary to law by a court of competent jurisdiction, such provisions will be null and void except to the extent provided by law.

 

23.2     By mutual agreement, the parties may meet not later than ten (10) working days after the District is made aware of such court decision in order to renegotiate the provision(s) affected.


ARTICLE 24

 

TERM OF AGREEMENT AND REOPENERS

 

 

24.1     This Agreement shall remain in full force and effect from July 1, 2017 up to and including June 30, 2020.

 

 

24.2     For the 2017-18, 2018-19, and 2019-2020 school years, the parties may re-open Article 15 (Salary) and Article 14 (Health and Welfare Benefits), and one additional article of each party’s choosing.

 

            With respect to the re-openers on Article 15 (Salary) as set forth above, the parties recognize their mutual obligation to negotiate in good faith consistent with the criteria under government Code section 3548.2, by comparing wages, hours, and conditions of employment in Colfax Elementary School District with the wages, hours, and conditions of employment in other similarly situated school districts, and by considering the interests and welfare of the public and financial ability of the District.      

 

 24.3    Both parties agree to re-open negotiations on Article 9 (Evaluation Procedure) for 2017-2018.  This will not count towards the parties’ re-openers for 2017-2018.

 

           

 

 

 

 

 

 

__________________________________                ______________________________

For The District                                                          For ACE

 

 

___________________                                              __________________

Date                                                                            Date