COLLECTIVE BARGAINING AGREEMENT BETWEEN MOJAVE UNIFIED SCHOOL DISTRICT MOJAVE FACULTY ASSOCIATION/CTA/NEA

Transcription

1 COLLECTIVE BARGAINING AGREEMENT BETWEEN MOJAVE UNIFIED SCHOOL DISTRICT AND MOJAVE FACULTY ASSOCIATION/CTA/NEA

2 TABLE OF CONTENTS ARTICLE PAGE I. AGREEMENT... 1 II. RECOGNITION... 1 III. CERTIFICATED SALARIES Salary Schedule... 1 Placement and Advancement... 2 Continuation Prep Period Pay... 4 Elementary Substitute Pay... 4 IV. EMPLOYEE BENEFITS... 5 Coverage for Retirees... 5 Early Retirement Incentive Plan... 6 V. DAYS AND HOURS OF WORK... 7 Reduced Workload Plan... 9 Summer School VI. VII. VIII. CLASS SIZE GOALS...11 EVALUATION PROCEDURES...14 PERSONNEL FILES...17 IX. LEAVES OF ABSENCE...18 Sick Leave...18 Personal Necessity Leave Discretionary Days...20 Bereavement Leave...21 Industrial Accident and Illness Leave...21 Child Rearing Leave Jury Leave In Service Leave Extended Leave Without Pay Emergency Leave Family Illness Leave Military Leave Association Leave Required Examinations Verification of Ability to Return to Work Immediate Family Defined Return from Leave Status of Leave Provisions... 24

3 Catastrophic Sick Leave Family Care and Medical Leave (Government Code Section ) X. VACANT POSITIONS/REASSIGNMENT/TRANSFER General Provisions Posting and Applications Filling Vacant Positions XI. DUE PROCESS/EMPLOYEE DISCIPLINE Pre Discipline Investigation Notice of Disciplinary Action Appeal of Disciplinary Action Miscellaneous Provisions XII. SAFETY CONDITIONS OF EMPLOYMENT XIII. ASSOCIATION RIGHTS XIV. GRIEVANCE PROCEDURE Definitions Miscellaneous Provisions Informal Level Formal Level One Formal Level Two Formal Level Three XV. PROFESSIONAL DUES AND PAYROLL DEDUCTIONS XVI. BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM (BTSA) XVII. PEER ASSISTANCE AND REVIEW ( PAR ) PROGRAM Definitions XVIII. CONCLUSION Consultation Separability and Savings Nondiscrimination...48 Retained Rights Work Stoppage Duration of Agreement RATIFIED AND ACCEPTED...50 APPENDIX A: CERTIFICATED SALARY SCHEDULE 2016/2017 Certificated Salary Schedule, effective January 1, /2018 Certificated Salary Schedule ii

4 APPENDIX B: EXTRA DUTY SALARY SCHEDULE...53 Form B 1: Extra Duty Assignment Evaluation Form...55 Salary Schedule APPENDIX C: EVALUATION FORMS Evaluation Form I: Plan for Professional Growth Observation Form II: Pre Classroom Observation Form Evaluation Form III: Formal Classroom Observation Report Evaluation Form IV: Teacher Summative Evaluation Evaluation Form V: Improvement Plan Evaluation Form VI: Performance and Measurement Rubric Memo Acknowledging Evaluation Every Five Years APPENDIX D: SCHOOL CALENDARS 2016/ / / iii

5 ARTICLE I AGREEMENT A. This Agreement is entered into by and between the MOJAVE UNIFIED SCHOOL DISTRICT (hereinafter known as "District") and the MOJAVE FACULTY ASSOCIATION, an affiliate of CTA/NEA (hereinafter known as "Association" or "Exclusive Representative"). B. The parties enter into this Agreement pursuant to the provisions of Government Code Sections (hereinafter known as the "Act"). ARTICLE II RECOGNITION A. The District recognizes the Association as the exclusive collective bargaining representative for all regularly employed permanent and probationary certificated classroom teachers, music teachers, laboratory teachers, continuation education teachers, independent study teachers, adult school teachers, counselors hired prior to July 1, 2006, librarians, work experience coordinators, and audio visual coordinators, but excluding classified and other non certificated employees, all casual or limited term personnel, substitutes, and athletic aides, all management employees, such as Superintendent, Director of Instructional Services, Administrative Assistant, Principals, and Assistant principals, and all confidential employees. B. Disputes concerning the interpretation and application of this Article are not subject to the grievance procedure specified in Article XV. Salary Schedule ARTICLE III CERTIFICATED SALARIES A. Effective January 1, 2017, all bargaining unit members will receive an on schedule salary increase of 3.5%. The Certificated Salary Schedule, effective January 1, 2017, will be titled Appendix A. Effective July 1, 2017, all bargaining unit members will receive an on schedule salary increase of 3.5%. The Extra Duty Salary Schedule is attached to this Agreement as Appendix B. 1. A Master's Degree or Doctorate Degree must be earned from a college or university accredited by a major accrediting agency at the time the degree is awarded. These degrees shall be compensated pursuant to Appendix A, Certificated Salary Schedule, of this Agreement. 2. Longevity is incorporated into the Certificated Salary Schedule.

6 3. All salaries are annual salaries and payable in 11 equal payments and one adjusted payment (based on individual member contribution) by the calendar month beginning with the month of August, with the initial payment for any school year on the last business day of August, and each payment thereafter occurring on the last business day of the month. 4. Attendance at Professional Development meetings shall be compensated at two hundred dollars ($200) per day. 5. Service as a period sub, Saturday school and other hourly shall be compensated pursuant to Appendix A. Summer School shall be compensated pursuant to Appendix A. a. If actual Summer School student attendance in a core class exceeds 25 on any day, the affected employee s rate of pay for that day shall be increased by $1.25 per assigned hour of instruction in the class. If attendance reaches 30, the rate of pay shall be increased by $2.50 per hour. If attendance reaches 35, the rate of pay shall be increased by $5.00 per hour. b. Initial Extra Duty Salary Schedule placement for prior service in the same discipline shall be on the same basis as for basic salary schedule placement. Credit for prior District service in Extra Duty activities in a different discipline will result in placement at the highest year in the prior column. Disputes regarding placement will be referred to the MFA negotiations committee for resolution. Placement and Advancement B. Placement of an individual on the salary schedule will be determined on the basis of education and experience. A B.S. and M.S. shall be equivalent to a B.A. and M.A., respectively. For initial placement on the salary schedule, certificated employees will be permitted to transfer all applicable years of teaching experience from outside the District. One step will be credited for each year of approved experience. 1. No full time certificated employee shall receive a salary that is less than the specified base salary. a. Transcripts shall be filed with the District Office on or before November 1 of the current school year for salary reclassification that is effective the first day of the school year. Teachers who file transcripts with the District Office after November 1 of the current school year shall be eligible for salary reclassification as per Education Code Section Transcripts shall remain the property of the District. b. All college units or advanced degrees must be approved by the District prior to the work being taken, if salary credit is to be granted. c. All approved college or university units shall meet salary reclassification requirements. 2

7 2. Advancement on the salary schedule will be made on the basis of evidence of professional growth submitted by each certificated employee. a. College or university units used for advancement on the salary schedule shall be based on semester units. A quarter unit shall have the equivalent value of two thirds of a semester unit. b. All semester units for advancement shall be based on bona fide courses which are those which require: Specific amounts of time required in class attendance. Tests given and used in determining grades. Required production of class term papers or products used in determination of class grades. Individual study or field study programs with specific products produced for use in determining student grades. c. Exceptions to the provisions of paragraph B.2.b of this Article may be granted by the Superintendent, if deemed in the best interest of the District. d. A grade of "C" or better, or a "Pass" grade in courses where only "Pass" or "Fail" are recorded, must be attained before it will be accepted for credit for advancement on the salary schedule. 3. The course or courses shall be directed toward a Planned Professional Program which fulfills one or more of the following conditions: Leads to a Master's Degree. Leads to a special credential as requested by the District. Qualifies the teacher to teach in additional subject areas or grade levels, as required by the District. Are designed to enhance the teacher's ability to teach his or her subject area or grade level either by imparting effective innovative approaches, or by updating knowledge, or by improving teaching methods. 4. All upper division or graduate credits from an accredited college or university may be acceptable for advancement on the salary schedule provided the course is not a repeat and is related to the employee's current assignment or represents an objective for future local employment. Lower division courses may be allowed for credit in academic fields where major curriculum revision has been made. The course must be in the employee's present or proposed teaching field or in an area where an employee feels that additional preparation is needed. Written justification must be submitted. Credit for lower division courses needed to complete credential requirements and advanced 3

8 degrees will be granted when authorized in writing by proper college authorities and approved by the Superintendent. Continuation Prep Period Pay C. When adult students or independent study students are assigned to receive instruction from continuation school teachers during their preparation period, the teacher shall receive compensation at the hourly rate for period substitution listed on Appendix A. Elementary Substitute Pay D. When an elementary or middle school is unable to secure the services of a regular substitute teacher for another teacher who is absent and the school distributes the absent teacher s students into another classroom(s), the receiving teacher(s) shall be compensated at the hourly rate for period substitution listed on Appendix A. When the students are assigned to more than one teacher, the compensation shall be prorated. E. Regional Occupation Program, ( ROP ), teachers will be paid in accordance with the ROP schedule which is attached as an Appendix. F. Independent Study The Unit Rate, as referenced in Appendix A. An Independent Study Teacher will be paid the Unit Rate per Independent Study Pay Unit, ( ISPU ). In grades K and Adult School, 1 ISPU is equal to fifteen Evaluated Student Work Product Hours. In grades 1 through 12, 1 ISPU is equal to twenty Evaluated Student Work Product Hours. When adult students or independent study students are assigned to receive instruction from continuation school teachers during their preparation period, the teacher will be paid at the Independent Study rate of pay. G. The regular work year for certificated employees shall be 184 days per school year, of which 180 are student instruction days. A first year employee shall have a 185 day work year. An employee who is assigned by the District to work in an activity for which there is no extra duty pay provided by Appendix B of this Agreement (i.e., stipend or hourly rate) for more than 182 (183) days in a school year shall be compensated at the employee s daily rate of pay, prorated for the number of hours worked in the day. H. Teachers shall not be required to report for duty when schools have been closed due to inclement weather by order of the administration. However, any such days which reduce the teacher work year below that specified in paragraph G of this Article shall be rescheduled. 1. Any make up days are to be scheduled at the end of the school year calendar, and thus become the final day or days of the school year. I. Every effort shall be made to hold IEP meetings during regular duty hours. When an IEP meeting must be held after those hours to accommodate a parent, a county participant, or other District employee such as a designated translator, the employees (e.g. Special and General Education teachers) who are required to participate shall be compensated at the 4

9 District s Other Hourly Rate, pursuant to Appendix A. Compensation is provided for each hour, or major fraction thereof (30 minute increments), beginning after the first hour. ARTICLE IV EMPLOYEE BENEFITS Effective September 1, 2017, the District s maximum contribution will increase by $400, to an annual cap of $13,850. Any Health and Welfare benefit premium costs above the District s maximum contribution will be the responsibility of each employee and satisfied through payroll deduction. A. The District shall provide full time employees and their eligible dependents with medical, prescription, dental, vision, life and Employee Assistance Program insurance, as described in the group plan purchased by the District. Employees shall be covered by medical, prescription, dental, vision, life and Employee Assistance Program insurance as long as they are in a paid status. Employees in a non paid status shall have the option of continuing medical, prescription, dental, vision, life and Employee Assistance Program insurance upon advance payment to the District as long as the practice is allowed by the District s insurance providers. B Teachers who are employed subsequent to the first workday of a month shall have insurance benefits commence on the first day of the month following the effective date of employment. C. Any employee on a paid leave of absence will receive the employee benefits coverage provided by the District. Any employee on an unpaid leave of absence shall be eligible to participate at his/her expense in any insurance program available generally to employees as long as the practice is allowed by the District s insurance providers. D. Should an employee voluntarily resign from employment following the last day of the school year and before the commencement of the ensuing school year, he/she shall be entitled to the benefits of this Article through August 31 of the ensuing school year. This shall not apply to an employee whose employment is terminated for cause by the District prior to the end of the school year. E. No in lieu payments or contributions to programs other than those which the District provides pursuant to paragraphs A D of this Article shall be made by the District for any employee who elects not to subscribe to the benefits provided by this Article. Coverage for Retirees F. Teachers who are at least 55 years of age, who have been employed 10 years in the Mojave Unified School District, who have reached the top step of the salary schedule, and who elect to retire early from employment with the District, shall be eligible for the following insurance provisions until they attain 65 years of age or until they become eligible for other health benefits (e.g., Medicare, Medi Cal, Retired Military Medical Benefits, or National Health Insurance, if enacted), whichever occurs first: 5

10 Full paid medical/hospitalization insurance for the retiree and eligible dependents as prescribed by the carrier. Full paid dental insurance for the retiree and eligible dependents as prescribed by the carrier. Full paid vision insurance for the retiree and eligible dependents as prescribed by the carrier. 1. Teachers electing this retirement plan shall notify the Superintendent of their intention to retire not later than April 30. Retirements under this provision shall become effective June If a retiree does not qualify pursuant to paragraph F. of this Article for the premium benefits, then such retiree shall maintain the option of continued participation in the District's health plan by reimbursing the District for the appropriate premium amounts as long as the practice is allowed by the District's insurance providers. 4. Upon reaching 65 years of age, a retiree may elect to participate in the appropriate District health plan or plans by reimbursing the District for the appropriate premium, as long as the practice is allowed by the District's insurance provider(s). 5. The provisions of paragraphs F. and F. 1 4 of this Article shall not apply to any employee hired on or after July 1, Early Retirement Incentive Plan G. For an employee hired on or after July 1, 1991, who retires under the provisions of STRS at 55 years of age or older with 10 or more consecutive years of paid service to the District immediately prior to the date of retirement, the District shall make a medical insurance contribution equal to the medical insurance contribution that is in effect for the active employee during the last school year in which he/she worked. 1. The contribution shall continue in effect until the employee is 65 years of age or until the employee becomes eligible for other medical benefits (e.g., Social Security, Medicare, Retired Military Medical Benefits, or National Health Insurance, if enacted), whichever occurs first. 2. Any required monthly premium that is in excess of the contribution made by the District pursuant to paragraph F of this Article must be paid to the District by the retired employee on a schedule established by the District. If the retired employee fails to make the required payment, he/she shall lose the benefit provided by paragraph F of this Article. 3. When the retired employee becomes eligible for "other medical benefits," the District's contribution shall cease. 4. For unit members who have not fulfilled the minimum service requirements for Districtpaid medical benefits pursuant to paragraph G of this Article, the unit member may elect to make direct payment to the District in order to continue coverage under the medical insurance program, as long as the practice is allowed by the District's medical insurance provider. 6

11 ARTICLE V DAYS AND HOURS OF WORK A. The length of the regular teacher workday shall be seven and one quarter (7.25) hours. The beginning and ending hours of the workday shall be established by the District on a site bysite basis. 1. Each school site shall schedule a lunch period of at least 40 minutes. Teachers shall not be assigned to supervision duties during the lunch period, except to accompany an elementary or middle school class to the cafeteria. 2. Relief periods for the teaching staff shall be during scheduled recess and lunch periods for grades K 6 and during passing periods or nutrition break for middle schools and high schools. 3. The District shall make every effort to keep total annual instructional minutes close to the minimum state requirements. It is acknowledged that there may be instances where the needs of educational programs or schedules could require additional minutes beyond the state minimum. In order to allow school sites some measure of control, a request may be brought forward to increase instructional minutes for specific program purposes. A proposal must be submitted for approval by both the Association and the District. A Memorandum of Understanding will be used to document the parameters of the increase. However, at no time will the increased instructional time encroach on the workday specifications as set forth above in A, A.1. and A On a scheduled minimum day, there shall be not more than 240 instructional minutes. The District will make every reasonable effort to maintain uniform instructional minutes by grade level. The following are scheduled minimum days for teachers: The day before the beginning of the Winter Break The Friday before Spring Break The last day of school for students B. High school teachers, and 7 th and 8 th grade teachers in a departmentalized program, shall have no less than five preparation periods, as defined, per week. The length of the preparation period shall be the length of the particular period to which the employee has been assigned for preparation. The defined preparation period for teachers in Grades 1 through 6 shall be the period from the beginning of the specified workday to the beginning of the student instructional day and/or the period from the completion of student dismissal (bus boarding) to the end of the specified workday. 1. "Preparation period" shall mean an assigned period set aside for all regular classroom teachers (except on minimum days) to be used for professional preparation and planning purposes, school related duties, teacher/student conferences, teacher/parent conferences, teacher/administrator conferences, and for covering another teacher's classes in an emergency situation on an equitable basis between teachers having a 7

12 common preparation period. Teachers who are assigned as Period Substitutes shall receive added compensation at the established hourly rate in Appendix A. 2. Upon prior approval by the immediate supervisor, a teacher may volunteer to use his/her preparation period to perform a District assignment on a regular basis. The parties agree that caution shall be exercised in scheduling teachers to use the preparation period on a regular basis. Teachers who take such assignments shall be compensated at the rate of one sixth of the teacher's daily rate unless the assignment is compensated pursuant to Appendix B. 3. One sixth assignments shall be distributed according to the following priorities: a. Program needs b. Master schedule considerations may limit the period in which a section is offered and/or the manner in which sections may be moved or rearranged c. Credential authorization d. The District shall, where possible, give priority to teachers who are already teaching within a department which is adding sections e. Seniority of unit members f. Recency of experience in teaching the content of the section C. Each teacher must work on school business during the workday. Failure to apply this policy as written may result in reduction in pay for time not worked. D. In addition to assigned classroom teaching duties, teachers shall perform their other instructional duties, many of which will occur outside of scheduled class hours and outside of regular school session hours. Such duties are limited. They include planning, selecting and preparing materials for instruction; receiving and evaluating work of pupils; conferring and counseling with pupils, parents, staff, and administrators; keeping records; supervising and providing leadership of pupil organizations and of activities as assigned; cooperating in parent, community, and open house activities; supervising teacher aides as assigned; attending faculty, departmental, and grade level meetings; serving on committees providing advice and service to the District; participating in approved professional activities relating to the teaching assignment; studying current literature to keep abreast of developments within the subject matter taught by the teacher; and participating in approved staff development programs. Voluntary or assigned non compensated committee meetings will be held within 1 hour of the end of the contracted school day, unless otherwise decided by the committee members. 1. When a teacher is required to supervise students as the teacher in charge, after the contracted day, he/she will be compensated at the hourly rate set forth in Appendix A. The teacher has the responsibility to file the required paperwork to obtain payment. 8

13 2. When a site administrator designates a teacher as a teacher in charge, the teacher shall be compensated at $40 per day of duty served. The teacher has the responsibility to file required paperwork to obtain payment. E. The site administrator will make an effort to distribute extra duty equitably. F. No teacher will be required to provide voluntary services in a paid activity as established by this Agreement. If a teacher volunteers and the District agrees to utilize the volunteer in an activity at which the District charges admission or accepts donations, the teacher shall be paid the hourly rate specified in Appendix A. G. The school calendar shall be incorporated into the contract as Appendix D. H. The regular work year for certificated employees shall be 184 days per school year, of which 180 are student instruction days. A first year employee shall have a 185 day work year. 1. Beginning with the 2005/2006 school year, SB1193 staff development days shall be optional on the part of both the District and the employees. Employee attendance at these staff development days is voluntary. Compensation for attendance at these staff development days shall be in addition to compensation earned pursuant to the Certificated Teachers Salary Schedule (Appendix A). 2. Counselors shall work five (5) additional days and shall be compensated for these five (5) additional days of work and associated responsibilities pursuant to the counselor stipend in Appendix A: Certificated Salary Schedule. a. The district may assign the counselor to work up to 192 workdays. Any days above 187, up to a maximum of 192, will be compensated at the employee s daily rate of pay. I. Teachers shall not be required to report for duty when schools have been closed due to inclement weather by order of the administration. However, any such days which reduce the teacher work year below that specified in paragraph H of this Article shall be rescheduled. 1. Any make up days are to be scheduled at the end of the school year calendar, and thus become the final day or days of the school year. J. Pre school teachers will follow the workday guidelines of kindergarten teachers. Reduced Workload Plan K. Any certificated employee may request a reduction of the assigned teaching load from fulltime to part time. 1. To be eligible, a teacher must meet the criteria of this Article, sign an individual contract for a reduced workload plan, and commence service under the plan during the term of this Agreement. 9

14 2. Except for such teachers under contract for reduced workload, the District assumes no obligation to continue to offer the plan after the expiration of this Agreement. L. To be eligible for this plan, a teacher shall: Summer School Have been employed full time in the District in a position requiring certification. Not hold a position with a salary above the level of a school principal. Have initiated the request for reduced workload. Have signed an individual contract with the District for a reduced workload. M. Summer school programs are conducted at the discretion of the District. Summer school will be staffed contingent upon adequate continuing student attendance. No unit member shall be required to teach summer school. However, priority shall be given to qualified District employees before making offers of employment to other applicants. 1. When the District determines to conduct summer school, potential summer school positions will be posted by the District no later than May 1 of each school year. 2. The posting shall contain, among other things, the following requirements for an employee to be eligible for consideration for summer school positions: An appropriate teaching credential. A letter of application to the Superintendent, which includes a description of the classes to be taught, goals and objectives for those classes, together with statements of the methods and materials to be utilized. 3. Except in unusual circumstances, assignments shall be posted no later than June 1 at each school site. 4. The length of a summer school assignment shall be based on State requirements. a. The District shall establish the length of the workday by grade level, which shall include 15 minutes of preparation time per assigned hour of instruction. b. Unit members shall be entitled to utilize one day of illness leave as provided for in Article IX, paragraph A, of this Agreement, which is not charged against the employee s regular sick leave balance. c. An employee who teaches the full summer school session for the respective grade level without an absence shall have one day of sick leave credited to the regular sick leave balance. A part time summer school teacher who completes the full session without an absence shall have a prorated day of sick leave credited to the regular sick leave balance. 10

15 Grade Span Adjustment ARTICLE VI CLASS SIZE GOALS A. The TK 3 school site average class enrollment for the following schools: Robert P. Ulrich Elementary Mojave Elementary Hacienda Elementary B. The Association agrees to meet with the District upon request to discuss an adjustment to the TK 3 school site averages if it becomes necessary for the District to remain qualified to receive the Grade Span Adjustment ( GSA ) grant under the Local Control Funding Formula. Class Size Goals C. The District shall make every reasonable effort to maintain the following school site average class enrollment goals: 1. TK Kindergarten through Third Grade (K 3) 2016/ / D. The District agrees to the class size averages set forth below: 1. Fourth through Sixth Grade Fourth through Sixth Grade Intervention Combination classes K Middle School Seventh through Eighth: Self contained Grade Academic Class Physical Education Seventh and Eighth Grade Intervention Secondary Grades Ninth through Twelfth: English Social Studies Math Science Foreign Language Business Art Physical Education

16 Foods/Home Economics... 6 students per kitchen Computers/Keyboarding... Restricted to number of keyboards Drama Wood Welding Health Opportunity Credit Recovery/Retrieval Band/Music Special Education: SDC RSP Independent Study Community Day School Continuation School E. Every reasonable effort will be made by the District not to exceed the averages as class period loads. The maximum in single subject or single grade classrooms may be exceeded on a temporary basis while efforts to reduce class loads are undertaken; or on a permanent basis with the agreement of the individual teacher. F. Site administrators shall, upon request by individual teachers, discuss and attempt to resolve problems arising out of class loads in excess of specified levels. 1. The District shall consider corrective action, which may include any of the following: Hiring of additional full time or part time teachers. Redistribution of pupils. Either allocation of or increases in allotted aide time. Provision of additional instructional materials. Rescheduling of classes where appropriate. Other solutions as mutually agreed to by the parties affected. 2. In addition, the procedures of this paragraph may be invoked at the request of a teacher when a special needs student is placed in the teacher s class as a result of the I.E.P. process. G. If a specific classroom or subject matter course experiences a pupil teacher ratio in excess of the averages specified herein for a period of time in excess of 15 school days, and if efforts to adjust the class load downward have not resulted in a class size at or below the 12

17 specified average, the Superintendent shall as promptly as possible report the matter to the Board of Trustees for its review and consideration. For the purposes of Section G of this Article, the 15 school day period of time shall be defined as: a) 15 days from the beginning of the school year at the elementary level b) 15 days from the beginning of each semester at the secondary level 1. If after 15 days the pupil teacher ratio is still in excess of the averages specified, the teacher will be compensated in the following way: K 6: (excluding class size reduction) the teacher will be compensated each day $7.25 per student exceeding the class size goals (Article VI, Section A D). 7 12: the teacher will be compensated at the rate of $1.25 per student per day for the total number of students in excess of the product of the class size goal (Article VI, Section D) multiplied times the number of periods per respective discipline (e.g. English, Social Science, Math, etc.) taught by that teacher. Example 1: Given that: a) a teacher is assigned four (4) periods of Art at the high school level, and b) the teacher is assigned a total of 111 students in these four (4) periods of Art, and c) the class size goal for Art pursuant to Article VI, Section A is 25 students, the teacher would be entitled to compensation for an excess of 11 students, calculated as follows: Total number of students (111) (4 periods x 25 students) = 11 students. 11 students x $1.25/day = $13.75 per day. Example 2: Given that: a) a teacher is assigned four (4) periods of Social Science and two (2) periods of Physical Education at the middle school level, and b) the teacher is assigned a total of 150 students in these four (4) periods of Social Science and a total of 92 students in these two (2) periods of Physical Education, and c) the class size goals pursuant to Article VI, Section A are 33 students for Academic Classes (Social Science) and 40 for Physical Education, the teacher would be entitled to compensation for an excess of 30 students, calculated as follows: (total number of students in Social Science (150) (4 periods x 33 students) = 18 students) + (total number of students in Physical Education (92) (2 periods x 40 students) 12 students) = 30 students. 30 students x $1.25/day = $37.50 per day. The parties further agree that overage compensation shall be paid by the end of month timesheets reflecting any overages. It shall be the responsibility of the teacher to submit the timesheet each month, as applicable. 13

18 ARTICLE VII EVALUATION PROCEDURES A. The provisions of this Article constitute the procedures to be utilized for evaluation and assessment of the instructional performance of employees as set forth in Education Code 44660, et seq., commonly referred to as the Stull Bill, or its successor. Unit members being evaluated will be required to complete and submit to the chief site administrator the adopted Plan for Professional Growth form (Evaluation Form I). 1. Evaluations shall be scheduled as follows: a. Probationary unit members shall be evaluated at least once each year. b. Permanent unit members shall be evaluated at least once every other year. c. Evaluation Every Five Years (Education Code 44664(a)(3)) Unit members with permanent status, who have been employed at least 10 years with the District, are highly qualified under the federal No Child Left Behind Act of 2001, and who received recommendation for continued service based on the unit member s most recent Teacher Summative Evaluation Form (Evaluation Form IV), shall be evaluated at least every five years if the unit member and evaluator consent to this schedule. The evaluator and unit member shall complete and sign the Memo included in Appendix C of this Agreement, which will be forwarded to the Superintendent. Copies will be provided to the evaluator and unit member and the original will be filed in the unit member s personnel file. Should the evaluator withdraw consent, notice and identifiable cause shall be provided to the unit member in a timely manner. 2. The evaluation shall reasonably relate to: a. The progress of pupils toward the standards of expected student achievement at each grade level and in each area of study which are adopted by the Board of Trustees pursuant to Education Code 44662(a) and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, or other forms of assessment adopted by the District following consultation with the Exclusive Representative; b. The instructional techniques and strategies used by the unit member; c. The unit member's adherence to curricular objectives; d. The establishment and maintenance of a suitable learning environment within the scope of the unit member's responsibility; and, e. The California Standards for the Teaching Profession. 3. Evaluation will concentrate upon selected areas of performance within the unit member's overall employment responsibility. At least ten (10) work days prior to the initial observation, the unit member and evaluator shall meet to discuss the Performance and Measurement Rubric (Evaluation Form VI) and the Pre Classroom Observation Form (Observation Form II) which will be utilized in the evaluation of the 14

19 unit member's performance. The classroom observation date will be set at this time, as well. 4. It is the responsibility of the chief site administrator to evaluate or provide for the evaluation of each unit member in the school. If the evaluator is other than the chief site administrator, the unit member shall be informed of the identity of the evaluator no later than five days prior to the first formal observation. 5. The Performance and Evaluation Rubric shall be provided to each unit member within twenty (20) workdays of the beginning date of the unit member's assignment for the school year. 6. The evaluation and assessment of unit member competence pursuant to this section shall not include the use of publishers' norms established by standardized test. B. If the unit member's evaluator is changed during any point in the evaluation process prior to the drafting of the Teacher Summative Evaluation (Evaluation Form IV) pursuant to paragraph D of this Article, the new evaluator shall conduct at least one formal observation pursuant to paragraph C of this Article prior to issuing the Teacher Summative Evaluation (the requirement of a formal observation prior to Winter Recess is waived). C. Each unit member who is being evaluated shall have at least one formal classroom or job task observation by the evaluator which shall occur prior to the Winter Recess. The formal classroom observation will preferably cover the beginning and a major portion of a class period or job task. 1. Each formal observation shall be preceded by a pre observation conference. Observation Form II: Pre Classroom Observation Form shall be completed by the unit member and submitted to the evaluator. The pre observation conference shall be held not less than two (2) work days prior to the formal observation. The form will be reviewed and signed by both parties. 2. A summation conference shall be held within ten (10) work days following each formal classroom observation using the adopted Formal Classroom Observation Report (Evaluation Form III), the Performance and Measurement Rubric (Evaluation Form VI) and, if needed, the Improvement Plan (Evaluation Form V). The conference may be accomplished in writing, by a face to face meeting, or by a review under the provisions of paragraph D of this Article. If the evaluator identifies an area or areas of concern during a formal observation, not later than five (5) work days following the observation the area or areas shall be identified in writing and provided to the unit member along with specific recommendations for improvement. D. The evaluator shall prepare the Summative Teacher Evaluation (Evaluation Form IV) and meet with the unit member as soon as practicable after its completion, but in no event less than thirty (30) calendar days prior to the last school day scheduled on the school calendar. In the Summative Teacher Evaluation, the evaluator shall cite specific qualities, abilities, examples of excellence, and outstanding performance or deficiencies of the unit member. 15

20 Any statement concerning instructional competency from a person other than the evaluator shall be based on the Performance and Measurement Rubric and verified by the evaluator prior to inclusion in the written evaluation. 1. Following the review, the unit member shall sign the evaluation to indicate that it has been reviewed and that the unit member has received a copy. The unit member's signature shall not necessarily signify agreement with the evaluation. 2. The unit member may prepare and submit a written response to the written evaluation within ten (10) days of the review. After the ten (10) work day response period has expired, the formal written evaluation, and response, if any, shall be placed in the personnel file and shall become a permanent attachment to the evaluation. This provision shall not preclude a unit member from writing and having a response attached following the ten (10) work day period. E. In the event the Teacher Summative Evaluation indicates that a unit member is Not Meeting Standards, the evaluator shall describe the specific deficiency or deficiencies in the evaluation and on the Improvement Plan (Evaluation Form V). If the affected unit member is a temporary or probationary employee, the provisions of this paragraph shall be implemented not later than March 1. If the affected unit member is a permanent employee, implementation of these provisions shall begin prior to April As a part of the remediation process after the written evaluation, the evaluator shall meet with the employee and provide the adopted Improvement Plan which is designed to alleviate the deficient performance. 2. If subsequent actions on the part of the unit member sufficiently modify the unit member's performance and identified deficiencies to the satisfaction of the evaluator, a notification to that effect shall be attached to the evaluation. 3. If the evaluation of a permanent unit member contains three or more Not Meeting Standards ratings in any one standard of the California Standards for the Teaching Profession (Standards 1 5 only) as identified on the Teacher Summative Evaluation, the unit member shall be referred to and shall participate in the Peer Assistance and Review Program ( PAR ) as provided by Education Code et seq. The evaluator shall conduct a continuing evaluation of the performance of the unit member that is independent of the activities of the PAR Consulting Teacher. F. No grievance arising under this Article shall challenge the substantive objectives, standards, or criteria determined by the evaluator or by the District, nor shall it contest the judgment of the evaluator. Any grievance filed under this Article shall be limited solely to a claim that the procedures of this Article have been violated. 16

21 ARTICLE VIII PERSONNEL FILES A. The contents of an employee's personnel file shall be kept in the strictest confidence in keeping with the appropriate provisions of the Education Code and the Government Code. B. District initiated material to be included in the personnel file (except routine clerical work) shall be signed and dated by the originator, and by the teacher in whose file the material is to be placed. The District shall provide a form to be included in the file, indicating by whom and on what date the file was inspected. (Routine clerical or ministerial functions do not constitute inspection.) C. Materials in personnel files which may serve as a basis for affecting an employee's employment status shall be available for inspection by the employee or by a representative designated in writing by the employee. 1. Ratings, reports, or records which were obtained prior to the employment of the employee or as otherwise excluded by law shall be excluded from review by the employee or the employee's representative. 2. Every employee shall be allowed to inspect the materials in the employee's personnel file upon request, provided that the request is made at a time when such person is not actually required to render services to the employing district. D. Information of a derogatory nature, except information contained in an employee's evaluation and information excluded from review by the employee pursuant to paragraph C.1 of this Article, shall not be entered or filed in the employee's personnel file unless and until the employee is given notice and an opportunity to review and comment thereon. 1. The review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary reduction. 2. An employee shall have the right to enter, and have attached to any derogatory statement, the employee's own comments. If the employee has not filed a response within 10 days of notification, the District shall file the derogatory statement. Any response filed after the 10 day period shall be attached to the derogatory statement. E. Written complaints against employees shall be brought to the employee's attention as soon as possible. The procedures outlined by the Uniform Complaint Policy or Complaints Concerning District Employees Policy will be followed. F. If appropriate, the written conclusion of the investigation into the complaint will be placed in the personnel file. The employee shall be notified of the pending placement and shall be allowed to file a response as provided in paragraph D.2 of this Article. 17

22 Sick Leave ARTICLE IX LEAVES OF ABSENCE A. Every full time regular employee shall be entitled to paid sick leave on the basis of one day per month of regular full time assignment. 1. Credit for leave of absence need not be accrued prior to taking such leave by the employee and such leave of absence may be taken at any time during the school year. a. Unused sick leave shall accrue from school year to school year. b. Teachers' accrued sick leave shall be recorded each year on the Annual Calculation Worksheet. c. Employees shall be required to use the Aesop Substitute Placement and Absence Management System (Aesop) to record absences. All employees will be given instructions on how to use Aesop, as well as a login ID and PIN. Employees are required to enter absences into Aesop as soon as possible, but no later than 90 minutes prior to the employee s report time the day of absence. Employees unable to enter an absence prior to the deadline, or if Aesop is inoperable, must contact Central Attendance directly. d. Sick leave accumulated in another district shall be transferred pursuant to California Education Code for newly hired certificated employees. e. An employee shall be credited at his retirement with credit for each day of accumulated or unused sick leave to the extent provided by law. 2. Female employees shall be entitled to utilize sick leave for the period of time required to be absent due to pregnancy or childbirth. a. The period of the leave, including the date upon which the leave shall begin, shall be determined by the employee and her doctor based solely on the employee's physical ability to render service to the District. b. A statement from the employee's doctor as to the beginning date of the leave shall be filed with the Superintendent. c. The date of the employee's return to service shall be based upon her doctor's analysis and written verification of the bargaining unit member's physical ability to render service to the District. 3. If an employee's accumulated sick leave is used up within the school year, the employee shall be entitled to extended sick leave pay on the following basis: a. The maximum period of time for which an employee may be granted extended sick leave pay shall be 100 workdays in any one school year. b. Upon written verification of illness or incapacity by a physician or practitioner, the amount of salary deduction in any month shall not exceed: 18

23 The sum which was actually paid a substitute in the position; or If no substitute was employed, the amount which would have been paid to a substitute had one been employed. c. The District shall make an effort to secure the services of a substitute employee. 4. The District may require a verification of illness following any utilization of sick leave. Such verification shall be a signed statement by the employee's doctor or licensed practitioner, if one was consulted by the employee, or shall be a signed statement describing the illness and signed by the employee if a doctor or practitioner was not consulted. Personal Necessity Leave B. Employees may use up to seven of their allotted sick days per school year for matters of compelling importance which cannot be handled at any time other than school hours. 1. Personal Necessity Leave shall be limited to the following reasons: a. Death or serious illness of a unit member or his/her immediate family. b. Accident involving his/her person or property or the person or property of a member of his/her family. c. Appearance in court as a litigant or as a witness under an official order, but not in connection with matters relating to the relationship between the District and the Association (e.g., PERB hearings, arbitration cases, negotiations, impasses, etc.). d. Imminent danger to the unit member s home, serious in nature and which requires the presence of the unit member during the work day. e. Personal presence of the father at the time of birth of a child, or when birth is imminent. f. Actual attendance at the funeral of a relative, friend, neighbor, employee or other acquaintance. g. Unforeseen circumstances involving transportation or storm conditions that prevent the unit member from traveling to and from work. h. Other specific family responsibilities or family business imperatives which require the presence of the employee during working hours. Such leave shall not be used to withhold services from the District, and it is understood that such leave shall not be used for purposes of income producing activities, the extension of a holiday or vacation period for purely recreational activities, occupational investigation, a convention related to a member s avocation, or to spouse s business profession or avocation, or attending to matters which could reasonably be scheduled outside of working hours. 19

24 2. Requests for personal necessity leave must be submitted in writing to the employee s immediate supervisor. The request for personal necessity leave must be submitted and signed by the employee not later than three days prior to the day(s) of leave requested, except that an employee shall not be requested to secure advance permission for leave taken for the death or serious illness of a member of the employee s family or an accident involving the employee s person or property or the person or property of a member of the immediate family. The leave is considered approved, pursuant to requests in line with the provisions of B.1, a h above, unless the employee is notified otherwise at least 48 hours prior to the first day of requested leave. 3. Payment for such absences shall be made only upon certification by the Superintendent or designee that the absence was due to a situation designated as a personal necessity within the meaning of this Article. Nothing in this Article shall be construed as providing pay for any collective refusal to provide services. The unit member shall be required to sign, on a form provided, a statement that such absence was due to a personal necessity. Such form may be approved for payment by the Superintendent or designee and shall be filed with the District. The Superintendent of designee shall take whatever steps are necessary to confirm that a personal necessity, within the limits of this Article, did exist. Discretionary Days 4. Three (3) days of the seven days of allowed personal leave may be utilized at the discretion of the unit member upon the following conditions: a. Such days shall be charged against the unit member s unused sick leave. b. Forty eight (48) hours written notice shall be required unless extenuating circumstances occur which prevent such notice being given; in that event, the unit member shall make every reasonable effort to give advance notice. c. The District shall consider and rule on requests with no undue delay. d. There shall be no accumulation from year to year of such days. e. The District retains the right to refuse the unit member s request to utilize Discretionary Leave on a particular day if a sufficient number of substitutes are not available, and if classes cannot be covered in the usual manner, or if in the professional judgment of the Superintendent or designee too many teachers will be absent from one school site. Should it still be necessary for a unit member to take the day off, the day may be taken as unpaid personal business. f. In the event of a shortage of substitutes, all things being equal, priority will be given to those requests with the earliest date of submission (longest interval between written notice and day of leave). g. Once approval of the leave is grated, it shall not be subsequently denied due to a lack of substitutes. h. The unit member shall not be required to give reasons for the use of such day. 20

25 i. Such leave shall not be used to withhold services from the District, and it is understood that such leave shall not be used for purposes of income producing activities, the extension of a holiday or vacation period for purely recreational activities, or attending to matters which could reasonably be scheduled outside of working hours. Bereavement Leave C. Every employee shall be entitled to up to five work days of paid leave of absence, or up to seven work days if travel in excess of 200 miles is involved, in the event of the death of an immediate family member, as defined in this Article. Bereavement leave shall not be deducted from sick leave. This leave shall be used before personal necessity leave days are used for purposes allowed pursuant to this paragraph. Bereavement leave shall not be cumulative and shall be in reasonable proximity to the date(s) of death or funeral. With the approval of the District, dates taken may be scheduled over a reasonably extended period of time. The District may request supporting documentation. Industrial Accident and Illness Leave D. An employee shall be entitled to industrial accident leave in the amount of up to 60 days during which the schools of the District are required to be in session or when the employee would otherwise have been performing work for the District in any one fiscal year for the same accident. 1. Such benefits are in addition to other sick leave benefits provided by the District. 2. The District's report of an industrial accident or illness shall be kept filed in the office. 3. Payment for wages lost on any day shall not, when added to an award granted under the Workers Compensation laws of this State, exceed the unit member's full salary for the month. a. Industrial accident and illness leave shall be reduced by one day for each day of authorized absence, regardless of a compensation award made under Workers Compensation. b. When an industrial accident or illness leave occurs at a time where the leave will overlap into the next fiscal year, the unit member shall be entitled to only that amount of leave remaining at the end of the fiscal year in which the industrial injury or accident occurred. 4. During any industrial paid leave of absence, the unit member shall endorse to the District the temporary disability indemnity check received on account of the industrial accident or illness. The District, in turn, shall issue to the unit member appropriate salary warrants for payment of salary, less normal deductions. 21

26 5. Industrial accident leave or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to other sick leave will be used. If, however, the employee continues to receive disability indemnity under the Workers Compensation laws of this State at the time of the exhaustion of benefits under this section, the employee may elect to take as much of the employee's accumulated and available sick leave which, when added to the Workers Compensation award, results in a payment of not more than the employee's regular salary. Child Rearing Leave E. In the event an employee desires an unpaid leave of absence for preparation for the birth of a child, adoption of a child, or for continued child care after birth or adoption, the employee may apply for child rearing leave by submitting a written request to the Superintendent. 1. Such leave shall be granted at the discretion of the District and shall be considered as unrelated to any possible disability of the employee. 2. Time allowed for the leave under the provisions of paragraph E of this Article shall be based upon the needs of the District. In determining such need, consideration may be given to such aspects as time of the school year, the availability of qualified substitute personnel, and the specialized requirements of the individual students, and the program in general. Jury Leave F. Each employee shall be entitled to as many days of paid leave as are necessary for jury duty. The employee shall sign over to the District any compensation received for jury duty minus any payment for transportation or expenses. In Service Leave G. Any employee may be entitled at the discretion of the Superintendent to a paid leave of absence for the purpose of attending other classes, workshops, clinics, conferences, or programs which are designed exclusively for the purpose of assisting the employee in the performance of his/her assigned duties, introducing new subject matter or teaching concepts or procedures, or otherwise enhancing or improving the classroom performance of the employee involved. Extended Leave Without Pay H. The District, at its discretion, may grant extended leave without pay to any employee for whatever period of time the District considers appropriate. Application for such leave shall be made as far in advance of the intended commencement as is possible. The employee shall not be entitled to any length of service increment, fringe benefit, or seniority advancement accrued during the period of the leave. 22

27 Emergency Leave I. The District may declare that a state of emergency exists and temporarily suspend operation for the duration of the emergency. An emergency shall be conditions which render continued operation hazardous or impractical, thereby subjecting employees and the pupils of the District to unnecessary risks affecting their health and welfare. Employees will receive full remuneration for the duration of the emergency declared by the Board. Family Illness Leave J. Each employee of the District shall be permitted up to three days of leave of absence per year for the purpose of attending members of his/her immediate family who are ill or injured and under the care of a physician or a licensed practitioner, provided just cause is shown for such leave. This leave is in addition to other leaves provided for in this Article but is not cumulative from year to year. The District may require a physician's written verification of the medical circumstances necessitating the leave. Military Leave K. Employees of the District who enter the active military service of the United States or of the State of California, including active service in any uniformed auxiliary of, or to, any branch of such military service, shall be entitled to be granted a military leave of absence. Association Leave L. The Association may select and request up to a total of 30 days of leave for employees who are Association members to attend professional organization meetings selected by the Association. The Association, at its discretion, may use one (1) day per month of these 30 days for the Association president to visit school sites. Written request for the leave shall be made to the Superintendent not less than five days prior to the day of the leave. No expenses will be reimbursed by the District to the employee. Consideration will be given to the availability of substitutes. Required Examinations M. An employee may be required to be examined by a physician designated by the District and at the District's expense and without deduction of any leave benefits of the employee. 1. The District shall give the employee, prior to the examination, a written statement of the reason(s) giving rise to the District's request for the examination. 2. In addition, the employee may submit a report written by a physician selected by the employee which shall be taken under consideration by the District. The employee shall be responsible for any payment(s) required under this paragraph. Verification of Ability to Return to Work N. An employee absent under the provisions of paragraphs A, D, or E of this Article for five or more consecutive days shall be required to provide acceptable verification of ability to 23

28 return to work and render services to the District prior to returning to work. Notwithstanding the provisions of this paragraph, an employee who is absent at any time for surgery shall be required to furnish a physician's verification of the employee's ability to return to work and render service to the District. Immediate Family Defined O. For purposes of this Article, immediate family shall be defined as: parents, step parents, grandparents, or grandchildren of the employee or the spouse or registered domestic partner of the employee, and the spouse or registered domestic partner, children, stepchildren, siblings, step siblings, uncle, aunt, nephew or niece of the employee. As well as, any relative of the employee living in the employee s immediate household or other adult who has had the primary responsibility for the care and raising of the employee. Return from Leave P. If the length of a leave is for 50% or less of the school year, the employees shall be entitled to return to the same assignment held at the time such leave commenced, unless such assignment has been discontinued, in which case the employee shall be entitled to a comparable assignment. If the leave is in excess of 50% of the school year, the employee shall be entitled to return to an assignment comparable to the assignment held at the time such leave commenced. Comparable shall mean a position that has the same or similar duties and pay, which falls within the scope of the employee s credential. Status of Leave Provisions Q. This Article shall be considered to be the policy of the Board of Trustees, and these provisions are expressions of Board Policy on leaves of any duration for any accident, illness, or any other reason. These provisions shall apply to employees only for the exact causes and pursuant to the specific procedures of this Article. Catastrophic Sick Leave R. Bargaining unit members may apply for and receive catastrophic sick leave pursuant to the following provisions: 1. The unit member, or a unit member s immediate family member, for whom he/she must care shall have suffered a severe incapacitating illness or injury which is expected to be for an extended period of time, as certified by the attending physician, and which prevents the unit member from properly performing his/her district duties. 2. The time off work must create a financial hardship for the unit member because he/she has exhausted all accumulated personal sick leave and, if applicable, industrial illness and accident leave. 3. Unit members whose absence is a result of a worker s compensation injury/illness are ineligible for the benefits of this section. 24

29 4. Unit members wishing to apply for catastrophic sick leave must submit a letter to the Association, with a copy to the Superintendent, stating the nature of the catastrophic event and the request for a sick leave donation drive. A copy of the attending physician s certification of the incapacitating illness or injury must be attached. 5. The Association shall appoint a committee comprised of three (3) members to determine and certify that the unit member is eligible for catastrophic sick leave because he/she is unable to work due to the severity of that personal or family catastrophic illness, and only after adequate proof of illness has been provided in accordance with Education Code Section , and pertinent rules and regulations of the District. 6. Donations of sick leave credit shall be made in blocks that are equivalent to one day of leave for the donating employee. An employee who donates sick leave credits shall be required to have a sick leave balance of no less than 10 days following the donation. 7. The order of utilization of the donated sick days shall be determined by the 3 member Committee utilizing a method of random selection. Unused donated sick days, if any, shall be returned to those employees whose donated days were not used. 8. Donated sick leave shall be applied upon exhaustion of the affected unit members accumulated personal full paid days of sick leave. 9. The District s contribution toward health and welfare benefits shall continue during the period of this absence. 10. Should the affected unit member continue to be absent due to their own sickness or injury after exhaustion of the donated sick days, the unit member shall be eligible for the extended sick leave benefits pursuant to Article IX, Section A The receipt of a donated sick leave credit through catastrophic sick leave as defined herein, when combined with other District income/fringe benefit contribution than he/she received immediately prior to the receipt of catastrophic sick leave. 12. These catastrophic sick leave provisions shall not be subject to the provisions of the Article 6: Grievance Procedure of the Collective Bargaining Agreement. Family Care and Medical Leave (Government Code Section ) A. It is the intent of this provision to be consistent with Government Code Section , and it shall be interpreted so that there will be no violation of that law. B. 1. An employee with more than twelve months service with the District, who has worked 1250 hours or more in the last twelve months, is eligible for an unpaid family care and medical leave up to a total of twelve (12) weeks in any twelve (12) month period pursuant to the requirements of this provision. For purposes of this provision the term family care and medical leave means either: (a) leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption of the child or foster care of the child by the employee, or the serious health condition of a child of the employee; 25

30 (b) leave to care for a parent or spouse who has a serious health condition; or (c) leave because of serious health condition that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth or related medical conditions. 2. An unpaid family care and medical leave shall be treated as any other unpaid leave. During an unpaid family care and medical leave an employee shall retain employee status with the District, and such leave shall not constitute a break in service. An employee returning from an unpaid family care and medical leave shall have no less seniority than when the leave commenced. 3. If an employee s need for an unpaid family care and medical leave is foreseeable, the employee shall provide the District with reasonable advance notice of the need for such leave. If the employee s need for such leave is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the District. 4. The District requires that an employee s request for an unpaid family care and medical leave for the purpose of caring for a child, spouse or parent who has a serious health condition or the employee s own serious health condition be supported by a written certification issued by the health care provider of the individual family member requiring care. This written certification must include the date on which the serious health condition commenced and the probable duration of the condition. For a leave based upon caring for a child, spouse or parent who has a serious health condition the written certificate must have an estimate of the amount of time the health care provider believes the employee needs to care for the individual requiring care, and a statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care, and a statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care. For a leave based on the employee s own serious health condition, the written certification must include a statement that the employee is unable to perform the functions of his or her position. If additional leave is required upon the expiration of the time estimated by the health care provider, the employee must request such additional leave again supported by a written certification consistent with the requirements for an initial certification. 5. In any case in which the District has reason to doubt the validity of the certification provided pursuant to this section, the District may require, at the District s expense, that the employee, or as appropriate, the employee s spouse, child, or parent, obtain the opinion of another health care provider, designated or approved jointly by the District and the employee. The opinion of the mutually agreed upon health care provider shall be considered to be final and shall be binding on the District and the employee. 26

31 6. The right to family care and medical leave shall be in addition to any other leave to which employees are entitled. Upon written request, an employee taking a leave shall be entitled to substitute any of the employee s accrued sick leave or any other accrued paid leave during this period for absences if the absence is related to his/her own illness or injury of the illness or injury to a spouse or child. 7. During any period an employee takes unpaid family care and medical leave the District shall maintain and pay for coverage for health and welfare benefits pursuant to Article IV. The District may recover the premium that it paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur: a. The employee fails to return from leave after the period of leave to which the employee is entitled has expired. b. The employee s failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to family care and medical leave or other circumstances beyond the control of the employee. 8. If both parents are employed by the District, the District shall not be required to grant leave in connection with the birth, adoption, or foster care of a child that would allow the parents family care and medical leave totaling more than twelve (12) work weeks within a twelve (12) month period. 9. Upon the termination of the leave, an employee shall have a right to reinstatement in the same or comparable position she/he occupied prior to the leave. For the purposes of this section, same or comparable position means a position that has the same or similar duties and pay which can be performed at the same or similar educational level as the position held prior to the leave and subject to the availability of the position. The District may refuse to reinstate an employee returning from leave to the same or a comparable position if all of the following apply: the employee is a salaried employee who is among the highest paid 10 percent of the District s employees; the refusal is necessary to prevent substantial and grievous economic injury to the operations of the District; and the District notifies the employee of the intent to refuse reinstatement at the time the District determines the refusal is necessary. 10. Family care and medical leave may be taken in one (1) or more periods. Leave may be taken in increments of at least one (1) day for recurring medical treatment certified by a health care provider. General Provisions ARTICLE X VACANT POSITIONS/REASSIGNMENT/TRANSFER A. The District shall determine when a bargaining unit position is vacant and when it shall be filled. A vacant position may be filled by a reassignment, by transfer, by other placement, or by employment of a non employee. In all cases, the parties are committed to the 27

32 placement of the best qualified applicant into each vacant position consistent with the provisions of this Article. 1. Reassignment is the change of an employee s instructional assignment within the same school site to another grade level (K 6) or to another subject matter (middle school high school). 2. Transfer is the change of an employee s instructional assignment from one school to another school for all or part of a regular assignment. 3. Displaced Employee is an employee who, due to a loss of enrollment or program change at a school site, does not have an assignment at the same school site for the following school year or semester. 4. Other Placement is the placement of an employee in a vacant position when a displaced employee is transferred to another school site, an employee returns to work following a leave of absence (paid or unpaid) of one semester or more, when an employee is brought back to work from a 39 month re employment list, or when an employee is placed in the unit from a non bargaining unit position. Posting and Applications B. When the District determines to fill a vacant position, a notice shall be posted at the District Office, the District web site, and the main office at each school site. In addition, the Association President shall be provided with copies of the notice for posting on Association bulletin boards at each school site. 1. Vacancy notices shall be posted for at least five work days. 2. The notice shall specify school site, grade level and/or subject matter, credential or credentials required for the position, and any other desirable or required qualifications for the position. C. Any employee who satisfies the District s criteria (credentials and qualifications) may apply and be considered for the vacant position by submitting a written application to the District Office prior to the deadline set in the notice. Each application shall expire upon the filling of the posted position. D. The District shall consider employee applications on the basis of each applicant s: Degree or degrees and credential or credentials; Specialized aptitudes, training, skills, and experience (including recency) as they relate to the posted qualifications; Length of service with the District; and Other qualifications offered by the applicant for consideration by the District. 28

33 E. An employee who has applied for a vacant position but was not selected shall be provided with the reason or reasons for the District s action prior to the position being filled. Upon request, the District s response shall be made in writing. Filling Vacant Positions F. After applications have been filed and a determination has been made as to which employee applications, if any, satisfy the criteria, consideration shall be given (in order) to (1) voluntary reassignments, (2) voluntary transfers/displaced teachers, (3) involuntary reassignments, (4) involuntary transfers, (5) assignment of other placements, and (6) nonemployee applicants. 1. Voluntary Reassignment: Requests for a voluntary reassignment shall be considered first in filling a vacancy at a school site. If the District determines that two or more applicants for a reassignment would equally satisfy the criteria for the vacant position, the most senior applicant shall be assigned to the position. 2. Voluntary Transfer/Displaced Teachers: Requests for voluntary transfer shall be considered following any reassignment or reassignments made pursuant to paragraph F.1. If the District determines that two or more applicants for a transfer would equally satisfy the criteria for the vacant position, the most senior applicant shall be assigned to the position. For the purpose of filling an open position, Displaced Teachers shall be considered as a voluntary transfer. 3. Involuntary Reassignment: After consideration of requests for voluntary reassignments and transfers, an involuntary reassignment may be made when a vacant position falls within the scope of the employee s credential and the reassignment would satisfy the criteria for the position. Where all criteria considered are deemed equal by the District between two or more employees who may be subject to an involuntary reassignment, the least senior employee will be reassigned. a. An employee who is to be involuntarily reassigned during the school year shall be consulted prior to the reassignment and shall be given at least 10 days advance written notice. The notice shall include the reason or reasons for the reassignment. Upon request, the employee will be provided assistance in moving supplies and equipment to the new assignment. In addition, the employee shall receive one day of release time to spend in on site preparation for the new assignment. b. An employee who is to be involuntarily reassigned for the following school year will be given written notice prior to the last student day of the school year. 4. Involuntary Transfer: After consideration of involuntary reassignments, an involuntary transfer may be made when a vacant position falls within the scope of the employee s credential and the transfer would satisfy the criteria for the position. Where all criteria considered are deemed equal by the District between two or more employees who may 29

34 be subject to an involuntary transfer, the employee with the least experience in the District will be transferred. a. An employee who is to be involuntarily transferred during the school year shall be consulted prior to the transfer and shall be given at least 10 days advance written notice. The notice shall include the reason or reasons for the transfer. Upon request, the employee will be provided assistance in moving supplies and equipment to the new assignment. In addition, the employee shall receive one day of release time to spend in on site preparation for the new assignment. b. An employee who is to be involuntarily transferred for the following school year will be given written notice prior to the last student day of the school year. c. Any involuntary transfer will not result in a reduction of an employee s base salary or health and welfare benefit contributions. 5. Other Placement: Following consideration of reassignment and transfer applications, the order of filling a vacant position is determined by the seniority of the employee, except that an employee who is on the 39 month re employment list must be appropriately credentialed and must satisfy the criteria for the position in order to be eligible for re employment. 6. An employee who is to be moved from one classroom to another during the school year shall be given as much advance notice as possible. Upon request, the employee will be provided assistance in moving supplies and equipment to the new classroom. In addition, the employee shall receive one day of release time to spend in on site preparation. In the event that the use of the release time is not possible, the employee shall receive one day of pay at their individual daily rate. G. When a vacancy occurs between the end of the regular school year and prior to the beginning of the second school month of the following school year, the posting/application process shall be condensed. Any vacant position that occurs shall be posted on the District web site and on a District job line. Web site and job line postings shall be updated on Tuesday and Friday of each week. 1. The deadline for applications shall be as specified in the posting, but not less than two work days following the date of the posting. Any employee who is interested in being considered for the position shall be responsible for notifying the District by telephone and confirmed in writing or by fax within five days. Placement shall be made as provided by paragraphs F.1 through F.4 of this Article. 2. The District reserves the right to hire a new employee without consideration of applications for voluntary reassignment or transfer for a specific position after the beginning of the student instructional year, with the exception that Independent Study and Adult Education teaching positions shall be offered to current unit members before considering new employees. The District agrees to implement the provisions of this 30

35 paragraph only if the District determines that an internal reassignment or transfer would not be in the best interest of the District s educational program. When the District places a new hire into a specific vacant position without consideration of internal requests pursuant to the provisions of this paragraph, the specific position into which the new hire has been placed shall be posted as a vacant position for the subsequent school year. The new hire shall not have preferential consideration when the vacancy is posted. ARTICLE XI DUE PROCESS/EMPLOYEE DISCIPLINE A. Discipline may be imposed upon an employee pursuant to the terms of this Article as authorized by Government Code section (b). For the purposes of this Article, discipline or disciplinary action may include the following discipline steps, depending upon the nature and severity of the offense, as determined by the District: 1. Verbal Warning 2. Conference Summary 3. Letter of Reprimand Day Notice of Unprofessional Conduct Day Notice of Unsatisfactory Performance 6. Suspension of Pay for a period of up to 15 days All discipline or disciplinary actions shall be for just cause. Discipline imposed pursuant to the provisions and procedures of this Article are intended to be corrective rather than punitive. The degree of severity of the disciplinary action should be reasonably related to the nature of the offense committed by the employee. Pre Discipline Investigation B. Any matter which may result in discipline shall be brought to the attention of the Superintendent or designee within five work days of the specific acts or omissions causing a need to consider disciplining an employee. The Superintendent or designee shall investigate the matter and discuss it with the employee or, if requested by the employee, with the employee and a representative. Unless the work schedule of the employee or representative requires an extension, the discussion shall be held within five work days after the matter has been brought to the attention of the Superintendent. 1. The employee shall be informed of the right to be accompanied to the discussion by a representative. If the employee elects not to be represented by a representative of the Exclusive Representative, the employee shall sign a statement to that effect. By signing the statement, the employee waives the right to appeal to arbitration but not the right to appeal to the Board of Trustees. 2. As a part of the investigation, the employee shall be notified in writing of the allegations and shall be given an opportunity to respond and to comment on the appropriate disposition. 31

36 Notice of Disciplinary Action C. Within five days of the conclusion of the investigation, the Superintendent or designee shall provide the employee a written Notice of Intended Disciplinary Action. 1. The Notice shall be personally served upon the employee and shall be signed for and dated upon receipt, or it shall be sent by United States certified mail, return receipt requested, addressed to the employee at the employee s last known address. Where the employee has utilized the services of a representative during the investigation, the representative shall also be sent a copy of the Notice. 2. The Notice shall inform the employee of the charges as well as the effective date of discipline, which shall not be less than six days after service of the Notice. a. The Notice shall contain a statement of the disciplinary action, the specific acts and/or omissions upon which the disciplinary action is based, and a statement of the cause for the action taken. If it is claimed that an employee has violated a rule or regulation of the public school employer, the rule or regulation shall be set forth in the Notice. The Notice shall be accompanied by copies of any document or other evidence upon which the intended discipline is based. b. The Notice shall inform the employee of the right to demand a hearing before the Board of Trustees or an arbitrator and the time in which the hearing must be demanded, which shall not be less than five days after service of the Notice, unless the Association requests an extension of not more than five additional days. The Notice shall also contain a form, the signing and filing of which shall constitute the demand for a hearing. Failure to file the request for a hearing as set forth in the Notice shall constitute a waiver of the right to an appeal and the discipline shall be final. Appeal of Disciplinary Action D. Employees may appeal written reprimands and suspensions only. If the employee files the demand for a hearing as required by paragraph C.2.b of this Article, the hearing shall be held either by an arbitrator pursuant to paragraph D.1 of this Article or by the Board of Trustees pursuant to paragraph D.2 of this Article. 1. If the employee has elected to be represented by the Exclusive Representative, the appeal may be submitted to binding arbitration as provided by ARTICLE XIV, GRIEVANCE PROCEDURES, paragraph F, of this Agreement at the election of the Exclusive Representative. The Exclusive Representative shall have 10 work days from receipt of its copy of the Notice to inform the District of its election to proceed before an arbitrator. 2. If the employee elected not to be represented by the Exclusive Representative as set forth in paragraph B.1 of this Article, the appeal hearing shall be conducted by the Board of Trustees, whose decision shall be final. 32

37 Miscellaneous Provisions E. All information and proceedings regarding any of the above actions or proposed actions shall be kept as confidential as possible by all parties to the proceeding. Notifications provided to the employee and the Exclusive Representative as set forth in this Article shall not be considered a violation of this paragraph. F. Any proposed suspension of a bargaining unit member, except immediate suspensions made pursuant to the laws of the State of California, shall be stayed until completion of the appeal hearing or arbitration process if the proposed suspension is challenged. ARTICLE XII SAFETY CONDITIONS OF EMPLOYMENT A. The District assumes the responsibility for the safety of employees while they are present in District facilities performing assigned duties as long as the procedures of this Article have been followed by the affected employee. An employee shall not be required to work in unsafe or unhealthy conditions as long as the procedures of this Article have been followed by the affected employee. B. The District shall prepare, publish, and post rules for safety and the prevention of accidents, provide protective devices where they are required for the safety of employees, and provide suitable and safe equipment where such equipment is required for the conduct of the District's educational program and the operation of the schools. 1. The District shall be responsible for the promulgation of District safety rules. 2. Employees shall be responsible for observing all safety rules and standards and shall promptly report in writing any alleged unsafe or unhealthy conditions found in District facilities. 3. The District agrees to investigate all allegations of unsafe conditions and will implement corrective measures it deems appropriate to resolve demonstrated safety hazards. C. Employees shall immediately report cases of assault suffered by them during the performance of assigned duties to their building principal or other immediate supervisor, who shall immediately report the incident to the proper law enforcement agency, when appropriate, and forward such notification to the Superintendent. D. When a teacher suspends a student from the teacher's class pursuant to Education Code Section 48910, the procedures required by the Education Code and Board Policy (including the applicable Administrative Regulations) shall be followed. 1. Education Code section states: (a) A teacher may suspend any pupil from the teacher s class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the principal's designee for appropriate action. If that action requires the continued presence of the pupil at the school site, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. 33

38 As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parentteacher conference regarding the suspension. Whenever practicable, a school counselor or a school psychologist shall attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal. (b) A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day, this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended. (c) A teacher may also refer a pupil, for any of the acts enumerated in Education Code Section 48900, to the principal or the principal's designee for consideration of a suspension from the school. 2. Each unit member shall be furnished with a copy of the current District Policy (including applicable Administrative Regulations) regarding student discipline prior to the beginning of each instructional year. ARTICLE XIII ASSOCIATION RIGHTS A. Authorized Association representatives shall, in accordance with the conditions noted herein, have the right of access to District facilities for the purpose of contacting employees and transacting lawful Association business. Upon arriving at a school site, any such representative shall first report to the office of the site administrator to announce his/her presence and the intended purpose and length of visit. 1. In no event shall any representative or employee interrupt or interfere in any way with normal work. Contacts with employees shall be limited to non classroom teaching hours such as breaks, duty free lunch period, and before and after school. 2. The Association may utilize District facilities outside of employees' normal working hours for meeting purposes and may use incidental equipment when not otherwise in use or on a reimbursement of cost basis. B. The Association may distribute organizational literature on District property, provided it does not interfere in any way with District business. No person shall distribute literature on District property in a place or manner which disrupts employees who are performing their duties. Literature may be distributed or left for pick up in coffee rooms, faculty rooms, and in other appropriate site locations as designated by the site administrator. The Association shall have the right to post notices of Association concern on bulletin boards, at least one of which shall be maintained in each work location in an area frequented by employees. C. The Association shall have use of employees' school mail boxes to distribute organization material. 34

39 D. Any literature to be distributed or posted must be presented to the on site administrator or designee and must be dated and must identify the person and organization responsible for its promulgation. E. The District shall, by October of each school year, and with the written consent of the affected employees, furnish to the Association without charge a list of the names, addresses, and telephone numbers of all employees. The Association agrees to use such information for internal organizational purposes only, and not to disclose it to any third parties. F. The District agrees to provide the Association with one copy of document(s) relevant and material to the meet and negotiate process, except documents pertaining to the relationship between the District and its negotiator. The District specifically agrees to provide the Association with copies of drafts of the preliminary, tentative, and final District budget and final draft of the "J200" series budget documents upon written request of the Association. The District agrees to provide multiple copies of requested materials as described herein within a reasonable time if the Association agrees to defray the cost of the preparation of multiple copies on the basis of the amount charged to any other organization or individual for copying documents. G. Within 30 days of ratification of the Agreement by both parties herein, the District shall have sufficient copies prepared and delivered without charge to the Association President for distribution to employees in the District. Definitions: ARTICLE XIV GRIEVANCE PROCEDURE A. The words and phrases defined below apply specifically to the terms of this Article. 1. A "grievance" is a claim by the grievant that there has been a violation, misapplication, or misinterpretation of one or more express provisions of this Agreement. 2. A "grievant" is a member of the bargaining unit who files a grievance, or the Association. 3. A "day" is a day when the District office is open for business. 4. An "immediate supervisor" is the non unit person with immediate jurisdiction over the grievant. Miscellaneous Provisions: B. Time limits may be extended or shortened by mutual agreement of the grievant and the Superintendent. C. The grievant, designated bargaining unit representative(s), and witnesses employed by the District, if any, participating in the processing of the grievance, shall suffer no loss in pay while attending meetings or appointments necessitated by the grievance which are mutually scheduled by the District and the Exclusive Representative. 35

40 D. An employee may present a grievance to the District and have such grievance adjusted without the intervention of the Exclusive Representative. Any adjustment shall not be inconsistent with the terms of this Agreement. The District shall not agree to a resolution of the grievance until the Exclusive Representative has received a copy of the grievance and the proposed resolution, and has been given an opportunity to file a response. E. Once a grievance has been initiated, all matters of dispute relating to it which occur during the processing of the grievance shall become a part of and be resolved in the grievance proceeding. Once a grievance has been resolved or a final decision rendered, a grievant shall not be entitled to initiate a new grievance on any matter or occurrence which properly could have been included in the first grievance. F. If a grievance is not processed in accordance with the time limits set forth in this Article, it shall not be subject to arbitration as provided in this Article and shall be considered settled on the basis of the decision last made by the District. If the District fails to respond to the grievance pursuant to the time lines at each level, the grievance is denied and the grievant may proceed to the next level. G. No reprisal will be taken by the District against any grievant or participant in the grievance procedure by virtue of such participation. Forms and documents prepared solely for the processing of a grievance, which would not in the normal course of business be filed in an employee's personnel file, shall not be placed therein and shall be maintained in a separate file. H. The Association and the District agree that the grievant shall conform to the original directive of the District until such time as the grievance is resolved, unless the health or safety of the unit member(s) is in jeopardy. I. If a grievance arises at a level above the employee's immediate supervisor or school principal, the initial filing, which shall comply with the provisions of Level One, shall be made at Level Two. J. If at any time during the pendency of a grievance prior to the conclusion of Level Two, one or more other grievances are timely filed by any bargaining unit member(s) involving the same or essentially the same facts and issues, the parties may determine that the later filed grievances shall be consolidated with and heard together starting at the level at which the earliest grievance is then pending. K. Written grievances, as provided in this procedure shall contain the information required below. Written grievances which do not contain the required data may be rejected as improperly filed and such rejection shall not extend time limits of this Article. The grievant shall be notified of the rejection by the end of the business day following the day of receipt by the District. The required information is as follows: Name of grievant. Date of filing. Date of alleged violation. Specific provision(s) of Article(s) alleged to have been violated. Synopsis of events resulting in the alleged violation. Specific relief requested. The grievant's signature. 36

41 Informal Level: L. An employee's grievance shall be submitted orally to the grievant's immediate supervisor within 10 workdays after the event giving rise to the grievance, or within 10 days of when the grievant could reasonably have known of the occurrence, act, or omission giving rise to the grievance. However, the District and the Association may mutually agree to waive the requirement for the informal conference. When requested by the teacher and/or immediate supervisor and with advance notice of at least one school day to either party, a teacher representative of the teacher's choice, or a representative of the Association, and a representative of management may be present to assist in this resolution. Formal Level One: M. Should such informal processes fail to resolve the grievance, a written grievance shall be filed within five workdays after the informal meeting. 1. The school principal or designated representative shall have five workdays to give a written decision after receipt of the grievance. 2. During this five day period, the immediate supervisor may request and hold a formal conference with the grievant and/or the grievant's representative. Formal Level Two: N. If the grievance is denied at Level One, the grievant may appeal to Level Two by written notice to the Superintendent or his designee, and the President of the Association, within five workdays. 1. A meeting will be arranged to review and discuss the grievance. Such meeting will take place within five workdays from the date the grievance is received by the Superintendent or his designee. 2. A written decision shall be rendered by the Superintendent or his designee within 10 workdays from the date of such meeting. Formal Level Three: O. If the grievance is denied at Level Two, the grievant may file a written request that the Association submit the grievance to arbitration. The Association shall have 15 days to submit the grievance to arbitration under the Voluntary Labor Arbitration Rules of the American Arbitration Association. 1. Subsequent to a grievant s request for arbitration and prior to the submission of the grievance to arbitration, the Association and the District may mutually request the services of a State Mediator to assist the parties in resolving the grievance. The form or content of any settlement discussions will not be binding on either party, nor will they be introduced in an arbitration proceeding. As soon as possible and in any event not later than 10 workdays after the District receives the notice of the Association's desire to arbitrate, or immediately following an unsuccessful 37

42 grievance mediation, the parties shall select an arbitrator from a list provided by California State Mediation and Conciliation Service. The Association and the District shall select the arbitrator from the list by eliminating names until one name remains. The first option to strike from the list shall alternate. All grievances shall be numbered consecutively with the Association striking first on all odd numbered grievances and the District striking first on all even numbered grievances. The remaining name shall be the arbitrator. 2. The arbitration shall be limited solely to the interpretation and application of this Agreement to the precise issue(s) submitted. The arbitration shall not involve any other issue(s). Where the District has made a judgment involving the exercise of discretion, the arbitrator shall review such decisions solely to determine whether the decision violated the express terms of the Agreement. The arbitrator's judgment shall not be substituted for that of the District. a. The arbitrator may hear and determine only one grievance at a time unless the District agrees otherwise. b. If any question arises as to the arbitrability of the grievance or if the District claims that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in an untimely manner, or that the dispute has become moot, such question shall be heard and ruled upon by the arbitrator prior to any hearing on the merits of the grievance. (1) If the District should choose to refuse to arbitrate a dispute, nothing in this section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the District to proceed to arbitration. (2) Processing and discussing the merits of an asserted grievance shall not constitute a waiver by the District of a defense that the dispute is not grievable or is not timely filed. c. After a hearing on the facts concerning the grievance, and the submission of post hearing briefs if requested, the arbitrator shall render a written decision which sets forth findings of fact and reasoning on the precise issue(s) submitted. (1) The arbitrator shall not add to, subtract from, modify, alter, or amend any provisions or procedures contained herein. (2) The decision of the arbitrator shall be based upon the evidence presented at the hearing, post hearing briefs of the parties, and applicable California law. (3) The arbitrator shall have no power to grant financial or remunerative award where no loss of money or wages has been proved, or to grant a remunerative award greater than the amount of money lost by the alleged improper application of this Agreement. (4) The decision of the arbitrator shall be binding upon the District, the Association, and the grievant. (5) All fees and expenses of the American Arbitration Association, the arbitrator, and a recorder, if called, shall be shared equally by the parties. Each party shall bear the expense of the presentation of its own case. 38

43 3. Nothing in this Article shall preclude or abridge an employee's right to seek judicial review upon exhaustion of this grievance procedure. ARTICLE XV PROFESSIONAL DUES AND PAYROLL DEDUCTIONS A. Any unit member who is a member of the Mojave Faculty Association/CTA/NEA, or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees, and general assessments in the Association. 1. Pursuant to such authorization, the District shall deduct one tenth of such dues from the regular salary check of the unit member each month for 10 months. 2. Deductions for unit members who sign such authorization after commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. 3. Any unit member who is a member of the Association or becomes a member shall maintain such membership for the duration of this Agreement. B. Any unit member who is not a member of the Mojave Faculty Association/CTA/NEA or who does not make application for membership within 30 days of the effective date of this Agreement or within 30 days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a service fee in an amount certified by the Association. 1. The service fee may be paid to the Association, at the unit member's option, in one lump sum cash payment in lieu of having the service fee deducted from the unit member's salary. Unit members who pay either Association dues or the service fee by cash directly to the Association shall have their cash dues or fees paid by October 1 of each subsequent year after initial enrollment. 2. In the event that a unit member does not pay the service fee directly to the Association, the District shall, upon receipt of written instructions from the Association, commence deductions of the service fee from the unit member's salary pursuant to the provisions of Education Code Section without charge to the Association. 3. The parties agree to abide by Government Code Section , which states: "Notwithstanding subdivision (i) of Section , Section 3546, or any other provision of this chapter, any employee who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join, maintain membership in, or financially support any employee organization as a condition of employment; except that such employee may be required, in lieu of a service fee, to pay sums equal to such service fee either to a nonreligious, non labor organization, charitable fund exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code, chosen by such employee from a list of at least three such funds, designated in the organizational security arrangement [as set forth in paragraph B.4 of this Article].... Either the employee organization or the public school employer may require that proof of such payments be made on an annual basis to the public school employer as a condition of continued exemp 39

44 tion from the requirement of financial support to the recognized employee organization. If such employee who holds conscientious objections pursuant to this section requests the employee organization to use the grievance procedure or arbitration procedure on the employee's behalf, the employee organization is authorized to charge the employee for the reasonable cost of using such procedure." 4. The organizations specified pursuant to paragraph B.3 of this Article are: a. Foundation to Assist California Teachers; b. American Heart Association; c. American Cancer Society; d. United Way. 5. Payment to any one of the organizations set forth in paragraph B.4 of this Article shall be made on or before October 1 of each school year. a. Proof of payment and a written statement of objection along with verifiable evidence of membership in a religious body whose traditional tenets or teachings object to joining or financially supporting employee organizations, pursuant to paragraph B.3 of this Article, shall be made on an annual basis to the Association and District as a condition of continued exemption from the provisions of paragraphs A and B of this Article. b. Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment in lieu of the service fee has been made. Such proof shall be presented on or before October 10 of each school year. 6. With respect to all sums deducted by the District pursuant to paragraphs A and B of this Article, whether for membership dues or service fee, the District agrees to promptly remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made, categorizing them as to membership or non membership in the Association, and indicating any changes in personnel from the list previously furnished. The Association agrees to furnish any information needed by the District to fulfill the provisions of paragraphs A or B of this Article. 7. The Association agrees to pay to the District all legal fees and legal costs incurred by the District in defending against any court action and/or administrative action before the Public Employment Relations Board challenging the legality or constitutionality of the service fee provisions of this Agreement or the implementation thereof, provided that the Association shall have the exclusive right to decide and determine whether any such action shall be compromised, resisted, defended, tried, or appealed. 8. The Association shall indemnify and hold harmless the District, its officers, agents, and employees from any award or compromise of damages or liability arising out of any court action and/or administrative action before the Public Employment Relations Board challenging the legality or constitutionality of the service fee provisions of this Agreement (or their implementation), provided that the Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to shall be compromised, resisted, defended, tried, or appealed. 40

45 C. Upon appropriate written authorization from the unit member, the District shall deduct from the salary of that unit member and make appropriate remittance for credit union, savings bonds, charitable donations, or any other plans or programs designated by the unit member. 1. Approved credit union deductions are to include but not be limited to the following: a. First Financial Federal Credit Union; and b. Kern Schools Federal Credit Union. 2. Annuities will be designated by the individual unit member, provided such annuities meet all legal requirements. ARTICLE XVI BEGINNING TEACHER SUPPORT AND ASSESSMENT PROGRAM (BTSA) A. BTSA operates under the auspices of Kern County Superintendent of School ( KCSOS ). B. Teachers interested in serving as BTSA Support Providers shall apply annually in response to a District posting. C. To be eligible for selection as a BTSA Support Provider the teacher must have permanent status and have received specialized BTSA training as provided by KCSOS. D. BTSA Support Providers shall be compensated in accordance with Appendix B. E. Every effort shall be made to match the BTSA Support Provider to the beginning teacher with respect to grade level, school site, or subject matter. F. BTSA Support Providers shall not evaluate beginning teacher participants. G. BTSA Support Providers shall not be responsible for more than two (2) beginning teachers in any school year. H. The District shall develop a job description for the position of BTSA Support Provider, including position qualifications. Vacant BTSA Support Provider positions shall be advertised and filled pursuant to Article X of this Agreement. The District shall interview all qualified applicants for vacant BTSA Support Provider positions and shall select, assign, compensate, evaluate, and dismiss BTSA Support Providers consistent with the terms and conditions of this Collective Bargaining Agreement and applicable statutes. ARTICLE XVII PEER ASSISTANCE AND REVIEW ( PAR ) PROGRAM Mojave Unified School District and the Mojave Faculty Association agree to cooperate in the design and implementation of programs which support teachers in improving the quality of instruction through professional development and peer assistance, and coaching to improve instructional skills, classroom management, knowledge of subject and related aspects of teaching performance. 41

46 The Peer Assistance and Review Program (PAR) shall address professional development needs of teachers in the District who are experienced teachers on permanent status in the District and who: 1. Have volunteered for assistance. 2. Are referred as a result of an evaluation performance review. Definitions Participating Teacher (PT): an experienced teacher with permanent status who has been referred to the PAR Program as a result of receiving an unsatisfactory rating on the Teacher Evaluation Form. Voluntary Teacher (VT): a teacher with permanent status who volunteers to participate in the PAR Program for the purpose of peer assistance only. Consulting Teacher (CT): a teacher who provides assistance to a Participating (PT) pursuant to the PAR Program requirements. A. The Joint Teacher/Administrator Review Panel 1. Membership. The Joint Teacher/Administrator Review Panel, hereafter referred to as Review Panel shall consist of five (5) members. a. Members of the Review Panel will include three members selected by the Association, the Superintendent or designee and one other member appointed by the District. Teacher panel members shall hold permanent status in the District. b. Teacher Review Panel members and the Teacher Alternate members shall serve three year staggered terms. c. The Coordinator position may alternate between a teacher and an administrator. d. An attempt will be made to maintain a balance between elementary and secondary teacher members. e. Review panel members may be selected for additional terms by their respective constituency. f. If a teacher member of the Review Panel leaves the Panel prior to the completion of his or her term the vacant position shall be filled by the alternate teacher member for the remainder of the term and a new alternate teacher member will be selected in the same manner by which the departed member was originally chosen or designated. 2. Organization. a. The Review Panel will establish its own Rules and Operational procedures to effect the provisions of this Article. Said Rules and Procedures will be consistent with the provisions of this Agreement, and to the extent there is any inconsistency, the Agreement will prevail. 42

47 b. The Review Panel will establish the method for the selection of a Coordinator. c. The Review Panel shall establish its own meeting schedule as it deems necessary to perform its functions. d. To hold meetings, four of the five members of the Review Panel must be present, and the majority of Panel Members must be teacher representatives. Such meetings shall normally take place during the regular teacher workday. Teachers who are members of the Review Panel shall be released from their regular duties to attend meetings, without loss of pay or benefits. e. If, in carrying out their responsibilities as members of the Review Panel, teachers find it necessary to work beyond their regular workday, they shall be compensated at the unit member s pro rata hourly rate of pay. f. The Joint Teacher/Administrator Review Panel will endeavor to make decision by consensus. If the attempt to achieve consensus is unsuccessful, decision of the committee shall be made by a majority vote of at least three panel members. The alternate teacher member becomes a voting member in the absence of a regular teacher Panel member. 3. Responsibilities. a. Coordinate, monitor, and evaluate all aspects of PAR program; b. Select the CT s; c. Establish, and follow, its own rules of procedure and operation. The rules of procedure shall be consistent with the terms of this Agreement; d. Arrange annual training for the Review Panel members; e. Arrange for training of CT s; f. Send written notification of the PAR Program to all certificated bargaining unit members; g. Place the PT or VT with an appropriate CT. A list of CTs will be made available so that the PT or VT may select a different CT; h. Establish an application form and an application procedure for CTs; i. Determine the number of CTs in any school year, based upon participation in the program, the budget available, and other relevant considerations; j. Review the final report prepared by the CT and make recommendations to the District regarding the PT s progress in the program; k. Refrain from participation in discussion and voting on any matter in which he/she has a professional or personal conflict of interest; l. Meet with CTs periodically to approves plans for PTs, receive and review documentation, and evaluate CTS; 43

48 m. Make other decisions as necessary for the successful operation of the PAR program; n. Evaluate the impact of all the components of the Peer Assistance and Peer Review Program on an on going basis to make improvements and modifications as needed. 4. Confidentiality. Except as otherwise required by law, all proceedings and materials related to evaluations, reports and other personnel matters as a result of participation in any component of the PAR Program shall be strictly confidential and filed in a separate confidential PAR file to be kept with the PAR Coordinator. However, Review Panel members and CTs may disclose such information as necessary to administer this Article. 5. Status and Liability. a. Functions performed by unit members under this Article shall not constitute either management or supervisory functions as defined by sub divisions (g) and (m) of of the Government Code. b. Unit members who are Review Panel Members shall have the same protection from liability and access to appropriate defense as other public school employees pursuant to Division 3.6 (commencing with 810) of Title I of the Government Code. B. Consulting Teachers (CT). 1. A CT is a teacher who provides assistance to a PT or VT pursuant to the PAR Program requirements. The qualifications for the Consulting Teacher shall be set forth in the Review Panel Rules and Procedures, provided that the following shall constitute minimum qualifications: a. Be a credentialed classroom teacher with permanent status; b. Have substantial recent experience in classroom instruction; c. Shall demonstrate exemplary teaching ability, as indicated by, among other things, effective communication skills both orally and in writing, subject matter knowledge, and mastery of a range of teaching strategies necessary to meet the needs of pupils in difference contexts; d. Have ability to work cooperatively and effectively with others. 2. In order to fill a position of CT, a notice of vacancy will be posted in accordance with this Agreement. In addition to submitting an application form, each applicant is required to submit three (3) references from individuals with specific knowledge of his or her expertise, as follows: a. A reference from a building principal or immediate supervisor; b. A reference from an Association member; c. A reference from another classroom teacher; 44

49 All applications and references shall be treated with confidentiality. 3. Interviews by the Review Panel shall also be part of the selection process. CTs shall be selected by a majority vote of the Review Panel after one or more representatives of the Panel have conducted a classroom observation of all final candidates. 4. CT s will be trained to offer peer assistance and to understand the specific functions of the PAR programs. The Review Panel will monitor and evaluate the effectiveness of the CT and will make decisions regarding their continuation in the program. The Review Panel may remove a CT from the position at any time because of the specific needs of the PAR program, and/or the inadequate performance of the CT. Prior to the effective date of such removal, the review Panel will provide the CT with a written statement of the reasons for the removal, and at the request of the CT, will meet with him/her to discuss the reasons. 5. The Review Panel will determine the number of CTs based upon participation in the PAR program, the budget available and other relevant considerations. Models for CT positions may include full time, part time, job share or stipend positions. 6. A CT may not continue in his/her CT position if appointed to an administrative position in the District while serving as a CT. 7. Upon completion of service as a full time CT, a teacher has the option to return to his/her previous assignment, if that assignment still exists. A full time CT may reapply for the position of CT after returning to the classroom for one (1) year. 8. Stipend CTs shall have the responsibility for no more than two (2) PTs or VTs. 9. Each PT or VT shall receive no less than fifteen hours of assistance per semester from the CT. CT shall assist by: a. demonstrating b. observing c. coaching d. conferencing e. referring f. or by other activities, which, in their professional judgment, will assist the PT or VT. 10. The CT shall meet with the PT and the referring Administrator to discuss the PAR Program, to establish mutually agreed upon performance goals, develop the written assistance plan and process for determining successful completion of the PAR Program. If no mutual agreement is reached, the CT will develop the plan. 11. The CT shall conduct multiple observations of the PT or VT during classroom instruction, and shall have both pre observation and post observation conferences. 12. The CT shall monitor the progress of the PT or VT and shall provide periodic written reports to PT or VT for discussion and review. 13. The CT shall continue to provide assistance to the PT until he or she concludes that the teaching performance of the PT is satisfactory, or that further assistance will not be productive. A copy of the CT s report shall be submitted to and discussed with the PT to receive his or her input and 45

50 signature before it is submitted to the Review Panel. The PT s signing of the report does not necessarily mean agreement, but rather that he or she has received a copy of the report. 14. The CT shall submit a final report to the Review Panel. The PT shall have the right to submit a written response, within 20 days, and have it attached to the final report. The PT shall also have the right to request a meeting with the Review Panel, and to be represented at this meeting by the Association representative of his or her choice. The representative may not be a Review Panel member. 15. The CT s final report shall be made available for placement in the PT s personnel file and may be used in the evaluation of the PT. The CT s report shall in no way constitute the administrator s final evaluation of the teacher. The District and CTs must be clear that formal evaluation remains the District s responsibility and not the CT s. The purpose of the program improving teaching through assistance cannot be over emphasized. A teacher s PAR evaluation will not, in and of itself, result in disciplinary action or dismissal of a teacher. Instead, PAR represents an early warning system for veteran teachers in need of assistance. 16. The PAR Program encourages a cooperative relationship between the CT, PT and the Principal with respect to the process of Peer Assistance and Review. The CT, PT or Principal has the option of requesting a meeting to review and discuss the status of the written assistance plan. If the meeting is agreed upon, all three parties must attend. 17. At the request of the PT or the CT, the Review Panel may assign a different CT to work with the PT at any time during the year. 18. In addition to the regular salary, a CT will receive a stipend as posted in the Extra Duty Schedule. If it is determined that a full time CT is needed, both parties will meet to negotiate the appropriate compensation. In the event that a CT is required to work beyond the regular work year, he or she will receive pro rata hourly pay for all work beyond the regular work year. C. Participating Teachers (PTs). 1. A PT is a teacher with permanent status who exhibits serious job related deficiencies and has received three or more Not Meeting Standard ratings in any one standard by the Principal or Evaluating Supervisor on the Teacher Summative Evaluation. All permanent teachers receiving such a rating will be required to participate in the PAR Program pursuant to the requirements of Education Code (b). 2. A PT is a teacher who receives assistance to improve his or her instructional skills, classroom management, knowledge of subject, and/or related aspects of his or her teaching performance. 3. While the PT is assigned a CT by the Review Panel, the PT may select a different CT from the list of approved CTs. D. Voluntary Teachers (VT). 1. A VT is a teacher with permanent status who volunteers to participate in the PAR program. The purpose of participation in the PAR Program for the VT is for peer assistance only, and the CT shall not participate in a performance review of the VT. 46

51 2. The VT may terminate his or her participation in the PAR Program at any time. 3. The VT may apply to the Review Panel to be assigned to work with a CT in one or more of the California Standards for the Teaching Profession. The VT may request to be assigned to a specific CT. 4. Upon assignment, the CT shall meet with the VT to develop a plan for voluntary assistance including a time line for completing the goals. This plan shall not be shared with any administrator without written permission of the VT. 5. The results of the individual s voluntary participation shall be shared with the Review Panel for their annual evaluation of the PAR Program, but shall not be forwarded to the evaluating administrator, District, or the Association. All records of the participation of the VT in the PAR Program are the sole property of the VT. 6. The CT shall keep a log of assistance including dates. It shall not include any evaluative comments. It shall not be placed in the VT s personnel file unless the VT so requests. A copy of the log will be kept with the PAR Coordinator for accountability purposes only. E. PTs and VTs shall be eligible for PAR no more than two times during employment with the District and no more than once every three years. F. Grievance Procedure If a grievance pertaining to any portion of this Article is not resolved at Level 1 of the Grievance Procedure, the parties agree to meet and attempt to resolve the issue or negotiate needed modifications. If this process has not resulted in an agreement, the Grievance Procedure shall continue as per Article 13 Grievance Procedures. G. Reopening This Article The Parties agree that this Article shall be reopened if either Education Code et seq. or the State s implementation guidelines or regulations are modified in any manner that adversely impacts a term of the Article. The Parties further agree that this Article may be reopened at any time by mutual agreement. Finally, the parties agree that reopening the Article does not reopen the Collective Bargaining Agreement. ARTICLE XVIII CONCLUSION A. The District shall not be bound by any practice, condition, or understanding which is not expressly and explicitly stated in this Agreement. The District is not bound by any past practices or understandings of the District or prior understandings with any employee organization or council, unless such past practices or understandings are specifically contained in writing in this Agreement. B. The Association agrees that this Agreement is intended to cover all matters relating to wages, hours, and all other terms and conditions of employment, and that during the term of this Agreement neither the District nor the Association will be required to meet and negotiate on any further matters affecting these or any other subjects not specifically set forth in this Agreement. The 47

52 District agrees during the term of this Agreement not to change any working condition within the scope of bargaining without first notifying the Association, and if requested, negotiating the issue with the Association. Consultation C. The Association has the right to consultation on the definition of educational objectives, the right to consultation on the determination of the content of courses and curriculum, and the right to consultation on the selection of textbooks to the extent such matters are within the discretion of the public school employer under the law. All matters not specifically enumerated are reserved to the public school employer and may not be a subject of meeting and negotiating, provided that nothing herein may be construed to limit the right of the public school employer to consult with any employee or employee organization on any matter outside the scope of representation. Separability and Savings D. If any provisions of this Agreement are held to be contrary to law by a court of final appellate jurisdiction, such provisions will not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions will continue in full force and effect. E. If any such decision or change in law occurs, the parties hereto shall, upon request within 10 workdays, commence meeting and negotiating with respect to the means of compliance therewith. Nondiscrimination F. Neither the District nor the Association shall illegally discriminate against any employee covered by this Agreement on the basis of race, color, creed, age, sex, national origin, physical handicap, or membership in an employee organization or participation in the activities of an employee organization. 1. The employment of an employee covered by this Agreement shall not be adversely affected by his/her domicile. 2. Employment application forms and pre employment interview procedures shall not refer to an individual's membership in or preference for an employee organization. Retained Rights G. The Exclusive Representative understands and agrees that consistent with the laws of the State of California, the right, power, prerogative, and authority to manage, control, and direct the operations and affairs of the District are reserved exclusively to the District and the Board of Trustees, except as those or any other heretofore unspecified rights, powers, prerogatives, and authorities are expressly and specifically limited, abridged, or modified by this Agreement in the manner and to the extent authorized by law. The action or failure/refusal of the District to act, with regard to the rights, powers, prerogatives, and authority reserved to the District, shall not be proper cause for the filing of any grievance unless it is alleged by the Association that the action or failure/refusal to act by the District has resulted in a violation of another specific provision of this Agreement. 48

53 Work Stoppage H. The Association hereby agrees that neither its members, nor agents, representatives, employees, or persons acting in concert with any of them, shall incite, encourage, or participate in any strike, walkout, slowdown, or other work stoppage of any nature whatsoever during the life of this Agreement for any cause or dispute whatsoever. Duration of Agreement I. This Agreement shall be in full force and effect from the date of ratification by the parties to June 30, The parties agree that negotiations for Articles III, IV and VI are complete for the 2016/2017 and 2017/2018 school years. By mutual agreement, the parties may open negotiations on any other articles. For the 2018/2019 school year, the parties agree to re open negotiations on Articles III and IV. Each party may also open up to two (2) additional articles for negotiations. Negotiations shall commence no later than 30 days from the submission of either parties initial proposal. The parties agree to reopen additional articles with mutual agreement. Before or during the month of November 2018, either the District or the Association may give, by written submission of an initial proposal to the other party, by certificated mail or hand delivery, its desire to negotiate a successor Agreement. Upon receipt of this written notice, arrangements shall be made pursuant to the provisions of Government Code Sections , including the Public Notice provision, for meeting and negotiating to commence. Negotiations should commence no later than January 15, In the event that neither party gives appropriate written notice to the other of its desire to renegotiate any portion of this Agreement, the Agreement shall be extended for another year. 49

54 RATIFIED AND ACCEPTED FOR THE MOJAVE UNIFIED SCHOOL DISTRICT: MOJAVE FACULTY ASSOCIATION Aaron E. Haughton, Ed.D. District Superintendent Desiree A. See President, MFA DATE: DATE: Richard Walpole President, MUSD Governing Board DATE: 50

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57 APPENDIX B EXTRA DUTY PAY SALARY SCHEDULE The Mojave Unified School District establishes pay for extra duty positions, defined as services performed to lead and direct student activities and athletics that occur outside of instruction, adjunct duties, supervision, and instructional support time. Extra duty positions require additional time and responsibilities. The District will determine which extra duty assignments will be authorized for the school year. Compensation will be as specified in this agreement. 1. The District will post all extra duty positions annually. The process for posting will be the same as specified in Article X, Sections B through E Postings and Applications. The posting schedule will be as follows: Extra duty positions covering the full school year, and winter and spring sports will be posted in early May. Fall sports will be posted in January. Applications from current employees will be considered for ability to meet the qualifications set by the District for the position, prior to considering applications from other non certificated District employees or community members. 2. Initial placement for extra duty positions will be on the same basis as for Certificated Salary Schedule Placement. When an employee accepts a position in another extra duty assignment area, (e.g., football to basketball, drama to a sport, etc.), he/she will be placed on the extra duty schedule at the highest year on the next lower column for the new assignment. Disputes will be referred to the negotiations committee. 3. Some positions also have classroom time associated with them. The extra duty compensation is to be associated only with additional, outside of instruction, adjunct duties, and supervision and instructional support time. 4. Sports coaches who are assigned responsibility for the two levels of the same sports teams in the same season will be paid one and one half times the single level rate. If a coach is assigned the responsibility for two levels of the same sport, and practices and games are treated as two totally separate activities as determined by the principal, two stipends may be paid. 5. The District will compensate paid coaches directly involved in athletic programs 8% of the season stipend for each week extension of the regular season for playoffs. A partial week will be compensated at 4%. Coaches qualifying for CIF semifinals will receive an additional 10%. Coaches with teams qualifying for the State CIF finals will receive an additional 10%. a. The District will compensate sports coaches at levels other than varsity for extended seasons and competitions subject to the approval of the Superintendent. b. The District will compensate academic coaches for team success that results in an extended season. 6. Payment for extra duty sports positions and activity positions that are for less than a full school year shall be made in three parts. Payment for activities that are for a full school year is made in ten installments. The final payment will be released when the coach or activity head has fulfilled all obligations of the position, including collecting uniforms, equipment, and other school property, 53

58 turning in inventory lists (including lists of participants that did not return uniforms, equipment or property), and all other required paperwork. 7. The principal or designee shall conduct annual evaluations for each extra duty staff member using the Extra Duty Assignment Evaluation Form (Form B 1). These evaluations shall focus on how well the staff member carried out the major duties and responsibilities of the position, as outlined in the corresponding job description. The evaluation may also take into consideration the ability of the staff member to successfully help each participating student achieve a level of increased knowledge and skills, as well as an appreciation for the values of teamwork, discipline and sportsmanship. The staff member will be given the opportunity to submit a written response, which will be filed with the evaluation. Evaluations must be completed by April 30 th for year round positions. For sports, evaluations must be completed within 30 days of the end of the season. In the event that a unit member s appointment to a stipend position is to be discontinued, the unit member will be given written notice at least 20 workdays prior to the termination. Upon request from the unit member, the reasons will be provided in writing. 8. If a unit member is unable to complete his/her stipend position, the unit member will notify his/her principal promptly. 9. Prior to a docking of a stipend, the district will notify the employee and MFA. 10. If, due to lack of student participation, a team or activity must be cancelled during the season or school year, the coach or advisor s compensation will be prorated. 11. If over 30 students participate in either Middle School Cross Country or Track, an Assistant Coach will be hired, at Level E. 54

59 Mojave Unified School District Form B-1: EXTRA DUTY ASSIGNMENT EVALUATION FORM Employee: Assignment: School: Evaluator: Position: School Year: Date of Evaluation: M/E = Meets or Exceeds Standards *N = Needs Improvement *U = Unsatisfactory Performance *Comments required. Boxes not checked are not applicable to employee s position. M/E *N *U 1.0 ENGAGES AND SUPPORTS ALL STUDENTS 1.1 Supports the overall mission and vision of the District and the program 1.2 Engages students and provides strong leadership 1.3 Promotes high expectations and goals for students both in the program and the classroom 1.4 Increases the knowledge and skill level of all participants 1.5 Promotes self-esteem and the values of honesty, integrity, and sportsmanship Comments: M/E *N *U 2.0 SUPPORTS A POSITIVE ENVIRONMENT FOR STUDENTS 2.1 Creates an environment of teamwork, fairness and respect 2.2 Maintains the safety conditions of the facility or area 2.3 Ensures the health and welfare of all participants 2.4 Establishes and maintains standards for student behavior 2.5 Promotes social development and group responsibility Comments: M/E *N *U 3.0 DESIGNS AND ORGANIZES AN EFFECTIVE PROGRAM 3.1 Demonstrates strong organizational skills 3.2 Maintains and is accountable for all program equipment 3.3 Maintains accurate statistics, records and results 3.4 Closely monitors assistant coaches and programs 3.5 Maintains consistent and positive communication with students, parents, staff Comments: COMMENDATIONS AND/OR RECOMMENDATIONS: Summary: Meets or exceeds expectations Improvement needed Performance is unsatisfactory Additional Pages Attached Yes No This evaluation has been discussed with me in conference with the evaluator. My signature acknowledges receipt of this document and does not necessarily indicate agreement with the summative evaluation. I understand that I may, with ten (10) working days of my observation evaluation conference, provide a written statement in response to this summative evaluation which will be attached to this evaluation. Signature of Employee: Signature of Evaluator: Date: Date: Employee Response Attached: Yes No 55

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