This binding Agreement is made and entered into between the Burbank Unified School District (hereinafter referred to as “District’) and the Burbank Teachers Association, said Association being Chapter 21 of the California Teachers Association, and also being affiliated with the National Education Association (the Burbank Teachers Association hereinafter referred to as “Association”).
2.1 The District recognizes the Association as the exclusive representative for all certificated, positions, excluding supervisory positions, management positions, day-to-day substitutes, and psychologists for purposes of the Rodda Act (California Government Code Sections 3540, et seq., Title I, Division 4, Chapter 10.7). Employees in the representation unit are comprised of but may not be limited to the following positions:
2.1.1 All probationary and permanent classroom teachers, including Adult School teachers, Childrens Center teachers, temporary employees, and long-term substitutes. For the purposes of this Agreement, long-term substitutes are defined as substitute employees the District intends to employ for a period of 75% or more of one (1) semester in a substitute position and who hold a valid California teaching credential or an emergency multiple subject or single subject permit.
2.1.2 All special teachers, including, but not limited to, Home Teachers, Curriculum Specialists, ELD Specialists, Literacy Resource Teachers, ELD Resource Teachers, SDC Teachers, Speech and Language Pathologists, Vocal and Instrumental Music Teachers, RSP Teachers, Teachers on Special Assignment, Adaptive Physical Education Teachers, ROP Teachers.
2.1.3 All Nurses, Counselors, and School Librarians.
3.1 It is understood and agreed that the District retains all of its authority to direct, manage, and control to the full extent of the law. Included in, but not limited to, these duties and powers are the rights to:
3.1.1 Determine its organization
3.1.2 Direct the work of its employees
3.1.3 Determine the times and hours of operation
3.1.4 Determine the kinds and levels of services to be provided, and the methods and means of providing them
3.1.5 Establish its educational policies, goals, and objectives
3.1.6 Ensure the rights and educational opportunities of students
3.1.7 Determine staffing patterns
3.1.8 Determine the numbers and kinds of personnel required
3.1.9 Maintain the efficiency of District operations
3.1.10 Determine the curriculum
3.1.11 Build, move, or modify facilities
3.1.12 Establish budget procedures and determine budgetary allocations
3.1.13 Determine the methods of raising revenues
3.1.14 Contract out work to be done
3.1.15 Take action on any matter in the event of an act of war, natural disaster, strike, act of God, insurrection, revolution, flood, earthquake, energy shortage, fire, plague, epidemic, quarantine, or other major emergency beyond the control of the District which substantially interrupts or threatens to interrupt the District’s normal operation.
3.2 In addition, the Board of Education retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees.
3.3 The exercise of the foregoing rights, authority, duties and responsibilities by the District, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with the law.
3.4 Article 3 (Management Rights) is not subject to the grievance and arbitration provisions, unless the grievance in question is an allegation that the District has violated a provision of some other Article, and such Article is itself subject to arbitration.
4.1 It is understood and agreed that the Association shall have the right to conduct Association business, discussions, and activities outside the work hours of District employees as defined in Article 9 of the Agreement when the following conditions have been met:
4.1.1An authorized representative of the Association has obtained advance permission from the Superintendent or his delegated representative regarding the specific time, place, and type of activity to be conducted on District property; or, in the case of meetings held in school buildings for on-site bargaining unit members, the principal or his delegated representative may grant such permission, and
4.1.2 The Superintendent or his representative has verified that the proposed Association activities and use of facilities will not interfere with or interrupt school or District programs and/or performance of the employment duties of unit members of District employees, and
4.1.3 Will not directly or indirectly interfere with the right of employees to refrain from listening or speaking with an Association representative, and
4.1.4 The Association has agreed in advance to the payment of a reasonable fee for actual expenses related to the use of public utilities, security costs, cleanup costs, and repair of any unusual wear or damage done to District’s facilities, if such reasonable fee for actual expenses is requested of the Association by the District.
4.2 It is understood and agreed that the Association has the right to use the District’s certificated employee organization bulletin board spaces for communication purposes subject to the following conditions:
4.2.1 The Superintendent or designee shall provide certificated employee organization bulletin boards in each school building and in other work areas frequented by unit members, and will maintain said bulletin boards for use by the Association and other employee organizations.
4.2.2 All postings for bulletin boards shall contain date of posting and identification of the Association.
4.2.3 A copy of such postings shall be simultaneously delivered to the Office of the Superintendent of Schools.
4.2.4 The Association will not post information which is derogatory or defamatory of the District or its personnel.
4.3 The District agrees to furnish the Association with a copy of the Agenda for each regular and special School Board meeting (except such Board meetings as may be called under Rodda Act provisions, Section 3549.1), and to deliver said Agenda copy at the time Agendas are delivered to School Board Members; and, further, to furnish the Association with copies of the supporting data immediately prior to or at the outset of the School Board meeting.
4.3.1 The Association shall have the right to request placement on the agenda, prior to the public comment section, of any regular meeting of the Board of Education. The request must be made to the Superintendent one week in advance of the meeting and shall include the topic to be presented.
4.4 It is further understood and agreed that the Association has the following additional rights:
4.4.1 Release time for Negotiations and Grievance Processing
126.96.36.199 A reasonable number of representatives of the Association shall have the right to receive reasonable periods of released time without loss of compensation when meeting and negotiating and for the processing of grievances. Two (2) Children’s Center representatives shall be released, upon request, to attend up to a maximum of twelve (12) Association meetings per year. Under normal circumstances, such requests shall be made at least twenty-four (24) hours before being released.
4.4.2 The officers and appointed leaders of the Association, upon approval of the site administrator, may conduct official Association business during on-site duty time, provided that such business activity does not occur during their scheduled student contact time or involve other unit members during their duty time. The Association recognizes the professional responsibility to be prepared for class and student needs at all times during working hours. Should the principal be aware of violation of this Article, the principal shall follow due process to remedy the problem. The site administrator and BTA President may make other arrangements for conducting routine Association business.
4.4.3 The Association President shall transmit to the District a written listing of the names of Association Board of Directors eligible for release time under this provision.
4.4.4 The Association shall receive a maximum of twenty (20) days of Association release time per school year for those individuals designated in 4.4.3. The District shall pay the substitutes used under this provision.
4.4.5 Release time used under this provision shall not be used for any activity which is violative of this Agreement, for organizing any concerted activity against the District, for any political activities except lobbying on nonemployment related legislation, or for any purpose unrelated to the Association’s representational obligations as the exclusive representative of the bargaining unit.
4.4.6 During a school semester, each designated individual as per Article 4.4.3 shall be eligible to use no more than four (4) days of release time under this provision. The President of the Association may request the Superintendent or designee to consider granting additional release days should unusual circumstances arise.
4.4.7 To receive Association release time under this provision, the designated individuals as per Article 4.4.3 shall provide 48 hours written notice to the principal or immediate supervisor, and the Superintendent or designee. The Superintendent or designee may grant exceptions to this time limit under unusual circumstances. The Association will make reasonable efforts to avoid the use of release time on Mondays, Fridays, and other special days of high substitute need.
4.5 It is agreed and understood that the District will provide the Association with the names, position titles, and work locations of its bargaining unit members. New employees will be specifically identified. The District will also provide a list of unit members who terminated during the previous year. The District will furnish the lists named above on or about September 1, October 15 and February 15. In May the District will provide a list of current year terminations, with retirees noted.
4.6 The Association shall be granted the right, upon request, to consult with the District on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks. Additionally, the District recognizes the right of the Association to voice its views in the formulation of educational policy.
4.7 When an immediate supervisor or District representative requires an employee in the bargaining unit to attend a meeting with the immediate supervisor during the employee’s duty hours, the employee shall attend such required meeting. Such required meeting will be rescheduled by the immediate supervisor or District representative for a time outside of duty hours under the following conditions:
4.7.1 The employee has the legal right to Association representation at such required meetings; and
4.7.2 The employee requests Association representation prior to or at the required meeting; and
4.7.3 No Association representative is available for the required meeting as originally scheduled.
4.8 The District will make every effort to notify the Association when a new committee which may include unit members is formed, or if it is necessary to replace unit members on an existing committee. The Association will exercise its option to consult with the District on the appointment or replacement of unit members to these committees. If the Association does not respond within 10 working days, all consultation rights for that committee will be deemed to have been waived. Both parties agree that Section 4.8 is not grievable.
4.9 The Association shall have the right to consult with the District on the development of Immediate Intervention/Underperforming School Program (II/USP) site improvement plans and the selection of the External Evaluator for the II/USP site as set forth in Education Code section 52054 (6)(f), (6)(g 1, 2), and (6)(h).
5.1 It is the purpose of this Article to provide appropriate means to respond to, and where possible to resolve, complaints received from parents/guardians, community members, students over the age of 18, and fellow employees regarding members of the bargaining unit. Complainants shall be advised to present informal complaints first with the employee who is the subject of the complaint. If the complainant does not wish to speak with the employee, then the complainant shall meet with the employee and that employee’s immediate supervisor. For purposes of this Article, a complaint shall be defined as an allegation which relates to the employment relationship or an alleged misinterpretation or violation of the District’s policies, regulations, rules, and procedures and which has no other remedy in law.
5.2 Complaints shall be kept confidential, and only individuals the administration considers necessary to the resolution of the complaint shall be informed of the complaint.
5.3 No record of the complaint shall be kept if an investigation by the District shows that the complaint has no merit, the District determines that no record shall be placed in the employee’s personnel file.
5.4 No documents, communications, or records dealing with the complaint shall be placed in an employee’s personnel file that are not in accordance with Article 17.4 of this Agreement.
5.5 Any time limits specified in these procedures may be reduced or extended by mutual agreement of the parties involved.
5.6 Informal Complaints:
5.6.1 Complainants shall be advised to present informal complaints first with the employee who is the subject of the complaint prior to presenting any formal complaint. The employee shall respond to the complainant within five (5) working days.
5.6.2 Should the complainant present concerns about an employee directly to the employee’s immediate supervisor and be unwilling to discuss the complaint with the employee alone, or the complaint has not been resolved pursuant to Article 5.6.1, the immediate supervisor shall schedule a meeting among the employee, immediate supervisor, and the complainant at a mutually acceptable time, but no later than ten (10) working days of receipt by the immediate supervisor of the informal complaint. The employee shall have the right to representation at the meeting.
5.6.3 A complainant will not be required to attend a conference if unable to by reason of physical impairment.
5.6.4 In all cases of complaints, the employee concerned shall be involved. The employee shall be provided an opportunity to hear and respond to the complaint before any resolution is reached.
5.7 Formal Complaints:
5.7.1 Should a complaint be unresolved at the informal level and should the complainant wish to pursue the complaint, the complaint must be submitted to the employee’s immediate supervisor in writing. Failure to submit the complaint in writing shall constitute withdrawal of the complaint.
5.7.2 The formal complaint shall include the following information:
188.8.131.52 The name of the employee against whom the complaint is filed.
184.108.40.206 Date(s) and time(s) when the action(s) took place about which the complaint is filed.
220.127.116.11 Specific facts concerning the action(s) about which the complaint is filed.
18.104.22.168 The name(s) of the witness(es) (if any) to the action(s) about which the complaint is filed.
22.214.171.124 Attempts made to resolve the complaint at the informal level.
126.96.36.199 A proposed resolution to the complaint.
188.8.131.52 The name and signature of the complainant.
5.7.3 A copy of the complaint shall be given to the employee within five (5) working days of its receipt by the immediate supervisor or designee.
5.7.4 Within fifteen (15) working days after delivery of the written formal complaint to the employee, the immediate supervisor or designee shall initiate and complete any necessary investigation, which shall include a meeting with the employee and may include a meeting among the parties. The employee shall respond to the complaint in writing to the employee’s immediate supervisor or designee within five (5) working days after receipt of the written complaint.
5.7.5 Within five (5) working days after conclusion of the investigation, the immediate supervisor or designee shall communicate, in writing, to the complainant and the employee regarding the findings of the investigation and the action taken, or to be taken, to resolve the complaint.
5.7.6 Should there be no satisfactory resolution to the complaint after the provisions of Article 5.7.1 through 5.7.5 have been met, and the complainant chooses to move the complaint forward, the complainant shall forward the written formal complaint, the employee’s response, and the supervisor’s response to the superintendent or designee within five (5) working days of the complainant’s receipt of the immediate supervisor’s written response. The employee shall be notified by the superintendent or designee within five (5) working days of receipt of the unresolved complaint.
5.7.7 The superintendent or designee shall, within fifteen (15) working days after receipt of the unresolved written formal complaint, meet with the complainant, the employee, and the employee’s immediate supervisor. The superintendent or designee shall chair the meeting. The employee and complainant may bring a representative to the meeting.
5.7.8 A complainant will not be required to attend a conference if unable to by reason of physical impairment.
5.7.9 The decision of the superintendent or designee shall be final.
5.8 Anonymous complaints shall be shared with the employee but no action shall be taken unless required by law (e.g. sexual harassment complaints).
5.9 Complaints regarding alleged illegal discrimination under applicable Federal and State equal employment opportunity laws shall follow the complaint procedures set forth in Board Policy 4030 and Administrative Regulation 4031.
5.10 Complaints regarding alleged sexual or other illegal harassment under applicable Federal and State laws shall follow the complaint procedures set forth in Board Policy and Administrative Regulation 4119.11 or Board Policy 5145.7.
5.11 Complaints regarding alleged violation of Federal or State law(s) or regulation(s) governing certain educational programs (Adult Basic Education, Consolidated Categorical Aid, Migrant Education, Vocational Education, Child Care and Development, Child Nutrition, Special Education), or alleging unlawful discrimination on the basis of ethnic group identification, religion, age, sex, color or physical or mental disability, in a program or activity conducted by a local agency which is funded directly by, or that receives or benefits from any State financial assistance, shall follow the complaint procedures set forth in Title 5 Code of Regulations.
5.12 Complaints regarding instructional materials used by a teacher or teachers in the District must follow the procedures set forth in Board Policy 1312.2 and Administrative Regulation 1312.2. The Association shall be provided the opportunity to discuss with the District any proposed changes to this Board Policy.
6.1.1 Grievance: A written statement alleging that there has been a violation, misinterpretation or misapplication of a specific provision of this Agreement. The statement shall contain a request for a specific remedy to the grievance.
6.1.2 Grievant: A unit member, group of unit members, or the Association filing a grievance. A grievance may not be filed by an individual bargaining unit member for another.
6.1.3 Days: A grievant’s working days, or, by mutual agreement, days when the District is open for business.
6.1.4 Immediate supervisor: The appropriate administrator having immediate jurisdiction over the grievant and designated by the District to adjust grievances.
6.2 General Principles
6.2.1 Before filing a formal written grievance, the unit member shall attempt to resolve the grievance in an informal conference with the grievant’s immediate supervisor.
6.2.2 Either party has the right to representation at any step in this procedure. A grievant may be self-represented at all stages of this procedure, or, at the grievant’s option, be represented by the Association. If the grievant is not represented by the Association, adjustments may be made provided that the adjustment is not inconsistent with the terms of this Agreement. However, no adjustment shall be made until the Association has received a copy of the grievance and proposed resolution and has been given the opportunity to file a written response. Such responses shall be made within five (5) days after receipt of the proposed resolution.
6.2.3 If the same grievance, or substantially the same grievance, is filed by more than one unit member, only one grievant may process the grievance through this procedure. The names of all grievants shall appear on all documents submitted by the grievant.
6.2.4 Once a grievance has been filed, it shall not be amended. If substantive information was omitted from the original written allegation, the grievant must refile the amended grievance with the appropriate supervisor at Step 1 of this procedure. Such amendment shall not invalidate the timelines of a previously valid filing of the original grievance.
6.2.5 After completing the Informal Step, and in no event later than thirty (30) days after the grievant knew or reasonably should have known of the event giving rise to the grievance, the unit member must submit the grievance in writing to the immediate supervisor.
6.2.6 No individual grievance may be carried to the next level without the permission of the grievant.
6.3 Steps In The Grievance Procedure
6.3.1 Informal Step: A required discussion of the allegation between the grievant and the appropriate supervisor in an attempt to resolve the grievance.
6.3.2 Step 1: The written grievance shall be filed with the grievant’s immediate supervisor with copies of all materials to the Superintendent or designee and the Association. The immediate supervisor shall confer with the grievant and any witnesses requested, and within ten (10) days of receipt, render a decision. Copies of the decision shall be sent to the grievant and to the Association.
6.3.3 Step 2: A grievant may appeal the decision from Step 1 to the Superintendent or designee within ten (10) days after receipt of the Step 1 decision. The appeal shall be presented in writing with all documents and printed materials submitted at Step 1. The Superintendent or designee shall confer with the grievant within ten (10) days after receipt of the appeal, and shall render a written decision within ten (10) days after the conference. Copies of the decision shall be sent to the grievant and to the Association.
6.3.4 Step 3: A grievant who is not satisfied with the decision at Step 2 may within five (5) days after receipt of decision in Step 2, request the Association to submit the grievance to arbitration. If the Association concurs with the grievant’s request for arbitration, the Association shall, within ten (10) days after receipt of such request submit a request in writing to the Superintendent or designee for arbitration of the dispute, and the District shall join in the request. Failure to meet the time limits shall constitute an ultimate withdrawal of the grievance.
184.108.40.206 The Association and the District shall attempt to agree upon an arbitrator. If no agreement can be reached within ten (10) days, the parties shall request the American Arbitration Association to supply a panel of seven (7) names of qualified arbitrators. The District and the Association shall alternately strike names from the list with the order of striking being determined by lot. The person whose name remains after the striking procedure shall be the arbitrator.
6.4 Authority Of The Arbitrator
6.4.1 The District and the Association agree that the jurisdiction and authority of the arbitrator, and the opinion or award expressed by the arbitrator, shall be confined exclusively to the interpretation of the express provisions of this Agreement.
6.4.2 The arbitrator shall be without power or authority to make any decision that required the District or its administration to do an act prohibited by law, or is in violation of the Agreement.
6.4.3 The arbitrator shall have no power to render an award on any grievance initiated before or after the term of this Agreement.
6.4.4 If either party raises the issue of arbitrability, such party raising the issue may request, by written notice to the other party at least forty-eight (48) hours in advance of the hearing, a separate hearing on the issue of arbitrability. Such decision may, upon agreement of the parties, consist of a decision without written opinion. No hearing on the merits of the case will be conducted until the issue of arbitrability has been decided.
6.4.5 The decision of the arbitrator shall be submitted to the District and Association and shall be final and binding upon the parties in the dispute.
6.5 Arbitration Procedures
6.5.1 Issues: The arbitrator shall hear evidence on the issue or issues that were submitted to arbitration. If the parties do not agree on a submission agreement, the arbitrator shall frame the issues by referring to the grievance records at Steps 1 and 2.
6.5.2 Award: The arbitrator shall submit a written award, with supporting findings, to each party within thirty (30) calendar days after submission.
6.5.3 Cost of Arbitration: The fees and expenses of the arbitrator shall be borne equally by the District and the Association. All other expenses shall be borne by the party incurring them. Unless the parties agree to share the expenses, the cost of the services of a court reporter shall be paid by the party requesting same.
6.5.4 Election of Remedies: The processing of a grievance beyond Step 2 shall constitute an expressed election on the part of the grievant that the grievance arbitration procedure is the chosen form for resolving the issues contained in the grievance and that the grievant will not resort to any other form for resolution or review of the issues. The parties do not intend by the provisions of 6.5.4 to preclude the enforcement of an arbitration award in any court of competent jurisdiction.
6.6.1 No reprisals of any kind will be taken by the District against any unit member because of participation in the grievance procedure.
6.6.2 All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file and will not be kept in the personnel file of any of the participants.
6.6.3 Time limits for appeal provided in each step shall begin the day following receipt of a written decision. A grievant shall sign a copy of the proposed decision upon receipt. It is further understood that if there is no answer within the specified time limits at each step, the grievant may appeal to the next step. A grievant’s failure to meet the time limit shall constitute an ultimate withdrawal of the grievance. Time limits set forth in this Article may be extended or shortened by mutual written agreement of the parties.
6.6.4 Nothing herein shall preclude the District and the Association from utilizing, by mutual written agreement for any particular case, expedited arbitration proceedings such as contracted time limits, waivers of transcripts and briefs and/or immediate decision.
6.6.5 Grievance meetings will be scheduled by the District at mutually convenient times and places. Normally such meetings will be scheduled so that they will not conflict with instructional and professional duties. However, when grievance meetings are scheduled so as to conflict with such duties, reasonable released time without loss of salary will be provided to the grievant and the grievant’s authorized Association representative.
7.1 Employees covered by this Agreement shall be paid salaries, wages, and pay rates as provided in the attached EXHIBITS A-1 through H as included in the APPENDICES of this Agreement, in accordance with the rules and regulations for the implementation of such salary schedules, wages, and pay rates as also set forth in said attached EXHIBITS A-1 through H.
7.2 Effective retroactive to July 1, 2015, the following salary schedules shall receive a 3.0% increase. An additional 2% one-time off salary schedule payment will be issued based on the July 1, 2015 salary schedule.
Certificated Bargaining Unit
Non-credentialed Certificated Bargaining Unit
Retired Certificated Bargaining Unit Members
Children’s Center Teachers Monthly
Adult Education Certificated Hourly Program Coordinator
Adult Education Resource teacher and Evening Program Coordinator
Regional Occupational Program Hourly
Miscellaneous Hourly Rate
Extra Compensation for Co/Extracurricular Activities
Certificated Pay Schedule for Hourly or Special Assignment
7.3 For unit members employed on or after July 1, 2005, Columns I and II of Schedules A-1 and A-1-NC are truncated at step 5, and Column III is truncated at step 10. Advancement below the truncation is available only to unit members hired before July 1, 2005.
7.4 Notwithstanding any law to the contrary, retroactive checks shall be issued to unit members no later than sixty (60) days of ratification of this agreement.
8.1 Unit members shall be eligible for the health and welfare benefits herein described in accordance with the following provisions:
8.1.1 Effective January 1, 2014 , the District shall contribute up to $11,000 per plan year [“District Contribution”] toward the cost of medical benefits for full time K-12 unit members, full time Children’s Centers instructors, and all job-sharing, bargaining-unit members whose partner waives his/her right to District-paid contributions, pursuant to Article 220.127.116.11.
18.104.22.168 Effective July 1, 2016 or upon ratification of the Agreement, whichever comes later; the above annual maximum contribution shall be increased by $500. Effective January 1, 2017, the above annual maximum contribution shall be increased by an additional $500, which will increase the above annual maximum contribution to $12,000.
22.214.171.124 An active unit member whose spouse is also an employee of the District, and eligible to receive a District contribution toward medical insurance, may combine benefit contributions to purchase any PERS medical insurance plan provided that only one employee is identified as the subscriber and the District contribution for each individual employee does not exceed the premium for such medical insurance plan.
8.1.2 Payments for medical benefits by the District shall be prorated for part time employees, other than hourly.
8.1.3 Adult School and ROP Teachers
Adult school and ROP teachers who are employed and working:
(a) less than twelve (12) hours per week as of the first full week in October and the first full week in March in a contract year are not eligible for medical benefits.
(b) twelve (12) or more hours per week but less than twenty (20) hours per week as of the first full week in October and the first full week in March in a contract year shall be eligible for fifty percent (50%) of the District Contribution toward medical benefits.
(c) twenty (20) or more hours per week but less than thirty (30) hours per week as of the first full week in October and the first full week in March in a contract year shall be eligible for seventy-five percent (75%) of the District Contribution toward medical benefits.
(d) thirty (30) or more hours per week as of the first full week in October and the first full week in March in a contract year shall be eligible for one hundred percent (100%) of the District Contribution toward medical benefits.
8.1.4 Home teachers shall be eligible for fifty percent (50%) of the District Contribution toward medical benefits.
8.2 A member of the bargaining unit who attains age 55 and retires from active service under the State Teachers’ Retirement System or Public Employees’ Retirement System provisions may continue on the District’s health plan until age 65. To be eligible for coverage, a member of the bargaining unit must have completed not less than fifteen (15) years of continuous service in the District, and must retire from active service in the District.
For retirees who meet the restrictions and eligibility requirements as set forth in the paragraph above, the District shall pay one hundred percent (100%) of the contribution currently being paid for employee only, medical insurance only. Coverage is subject to the conditions and provisions of the District’s insurance program and is limited to group medical plans.
8.2.1 After exhaustion of retiree health benefits under Article 8.2, and for retirees who do not qualify for benefits under Article 8.2, the retirees desiring to purchase medical benefits may do so by paying to the District, or any third party designated by the District, the full cost of such benefits in accordance with District procedures.
8.3 During the term of this Agreement, and pending a conclusion of negotiations on any successor Agreement, if the District expands its current participation in self funded program(s) to include life or medical protection, such expansion shall not result in any benefit modification or increase in employee contribution unless otherwise negotiated by the parties.
8.4 DENTAL, VISION, LIFE, AND EMPLOYEE ASSISTANCE
For full time unit members, the District shall contribute the full cost of employee only Dental, Vision, Life, and Employee Assistance. The District contribution for these benefits shall be prorated for eligible part-time employees consistent with Articles 8.1.2, 8.1.3, and 8.1.4.
8.5 PRE-TAX EARNINGS
Employee contributions for benefits provided for as per Section 125 (Flexible Benefits) of the IRS Code are to be paid at employee’s option with pre-tax earnings. Employee selection of this option shall be made available during the open enrollment period.
8.6 The District shall provide eligible unit members with an opportunity to enroll in available group health, dental, vision, and life insurance programs as shown in Exhibit I.
8.7 It is agreed and understood that unit members on unpaid leave may continue to participate in any of the health and welfare benefits plans available to them throughout the District by making prompt payments for said benefits to the District for transmittal to the benefits carriers, but only to the extent that the benefit carriers for the District approve and permit such participation by unpaid leave status employees of this District.
8.8 DOMESTIC PARTNERS
Effective January 1, 2004, the term “spouse” for the purposes of dependent health and welfare benefit coverage shall include “domestic partners” under the following conditions;
1.The two partners shall have registered their domestic partnership by the filing of a Declaration of Domestic Partnership with the Secretary of State of the state of California;
2. A copy of the Declaration of Domestic Partnership bearing the acknowledgment of receipt by the Secretary of State shall be presented to the District within thirty (30) days of registration with the Secretary of State and/or during open enrollment.
3. Within thirty (30) days of the termination of the domestic partnership in accordance with section 299 of the Family Code, the unit member shall notify the District of such termination in which case coverage for the former domestic partner shall cease on the last day of the month during which the District is notified of such termination.
9.1.1 A major purpose of the Article is to allow the District to take full advantage of the incentives contained in Education Code Sections 46200 through 46203 added by SB 813 (1983), Chapter 498 of the Statutes of 1983. The District may take action to ensure that it can provide in any year the minimum number of days and instructional minutes to take full advantage of the incentives in these statutes. The parties also understand and agree that Chapter 498 of the Statutes of 1983 has amended Education Code Sections 46142, 46144, 46145, and 46147. It is the intent of the District and the Association to comply fully with Education Code Sections 46141 through 46147. It also is the intent of the parties to offer no less instructional time in any year than the amount of instructional time fixed for the 1982-83 school year (Education Code 46202).
9.2 Instructional Days
9.2.1 There will be a total of 180 instructional days at all instructional levels in the regular TK-12 program of the District. The total number of workdays, instructional and non instructional, in the regular work year for the full-time employees in this bargaining unit, except Children’s Centers teachers, shall be 187 days. See Exhibits J-1 and J-3.
9.2.2 The work year for high school counselors, including the continuation high school counselor, shall be fifteen (15) days in addition to the regular work year. The work year for middle school counselors shall be six (6) days in addition to the regular work year. The number of work days for counselors may be increased by mutual agreement of the District and the Association. The work year for the head nurse shall be four (4) days in addition to the regular work year.
9.2.3 Nurses may be requested to work during pre-registration days at the discretion of the District.
9.3 Instructional Minutes
9.3.1 The District has exclusive discretion to schedule a beginning and ending of the instructional day consistent with provisions of this Article.
9.3.2 The normal regularly assigned on-site hours for elementary (TK-5) full-time classroom teachers, special teachers, and long-term substitutes shall be from 8:00 a.m. to 3:00 p.m. and shall include a forty-three (43) minute duty-free lunch period, with the exception that the normal regularly assigned on-site duty hours for Kindergarten teachers in an a.m./p.m. configuration shall be scheduled within the hours of 7:00 a.m. to 4:00 p.m. in consensus with the teacher partner. The schedule shall be submitted to the site principal.There shall be no fewer than 18,382 instructional minutes per year at the Junior Kindergarten level. There shall be no fewer than 46,260 instructional minutes per year at the Transitional Kindergarten level. There shall be no fewer than 36,360 instructional minutes per year at the Kindergarten level, and no fewer than 54,410 minutes for grades 3-5. The School Site Council shall, by May 1st of each year, determine the school schedule preference for the following school year from the list of options in Exhibit K-1 subject to the following conditions: a) schools that operate under Option 1 of Exhibit K-1 may select Option 2 of Exhibit K-1 and retain for one (1) year the right to return to Option 1 of Exhibit K-1 for the subsequent school year, or b) schools that operate under Option 2 of Exhibit K-1 may not select Option 1 of Exhibit K-1 without the prior approval of the Board of Education. Exhibit K-1 includes the number of required instructional minutes for grades 1-2 dependent upon the site option selected. There shall be shortened day schedules on every Tuesday. Fourteen (14) shortened days each year shall be designated as elementary planning days on which there shall be no District or site meetings at which attendance by elementary teachers is required. Up to four (4) of the fourteen (14) days may be scheduled for meetings, as needed, by mutual agreement of site administration and site faculty. In no event shall there be fewer than ten (10) shortened days for independent planning.
126.96.36.199 At grades 3, 4 and 5 a regular instructional day shall be no fewer than 317 minutes, a shortened instructional day shall be no fewer than 270 minutes, and a minimum instructional day shall be no fewer than 240 minutes.
9.3.3 The normal regularly assigned on-site hours for middle school (grades 6-8) full-time classroom teachers, special teachers, and long term substitutes shall be from 7:50 a.m. to 3:00 p.m. and shall include a forty (40) minute duty-free lunch period. There shall be no fewer than 63,525 instructional minutes per year for grades 6-8. See Exhibit K-2.
188.8.131.52 Subject to approval by the District and the Association, all three middle schools shall be dismissed each Tuesday at 2:15 p.m. for staff collaboration and articulation. Teachers shall have a minimum of three (3) Tuesdays per semester designated as independent planning days on which there shall be no District or site meetings at which attendance by middle school teachers is required unless approved by mutual agreement of site administration and faculty. The site administration, in collaboration with the site certificated staff, shall determine the dates, content, and schedule of these days.
9.3.4 The normal regularly assigned on-site hours for high school (grades 9-12) full-time classroom teachers, special teachers, and long-term substitutes shall be from 7:50 a.m. to 3:00 p.m. and shall include a forty (40) minute duty-free lunch period. For high school teachers who teach a ” zero period” class, normal regularly assigned on-site duty shall be 6:50 a.m. to 2:00 p.m. There shall be no fewer than 65,400 instructional minutes per year for grades 9-12. See Exhibit K-3. In the two comprehensive high schools, there shall be a practice of three (3) minimum days at the end of each semester for the purpose of administering final exams.
184.108.40.206 To allow for pupil-free staff development, staff collaboration, and articulation at the high school level, an alternative schedule may be utilized for up to fifteen (15) days during the year. Teachers shall have a minimum of two (2) days per semester designated as independent planning days on which there shall be no District or site meetings at which attendance by high school teachers is required unless approved by mutual agreement of site administration and faculty. The site administration, in collaboration with the site certificated staff, shall determine the dates, content, and schedule of these days. If a special schedule is enacted, there shall be no fewer than 65,400 instructional minutes per year for grades 9-12.
9.3.5 Each school site may develop alternative opening and closing times, consistent with the total duty hours and instructional minutes set forth herein, subject to approval by the District and the Association. The District, within its discretion, may adjust class schedules and remaining employee time within the duty hours described in Section 9.3.
9.4 Assignments for Middle School and High School
9.4.1 The normal classroom assignment for middle school and high school employees, within the hours of employment specified in this Article, shall consist of five instructional periods and one preparation period.
9.4.2 If the District determines there is a need, middle school and high school teachers may volunteer for regularly assigned on-site duty hours different from those specified in this Article without additional compensation provided such assignment does not exceed the total number of on-site duty hours or instructional minutes as specified in this Article.
9.4.3 When a need is deemed to exist by a middle school or high school principal for an employee to have six instructional periods and one preparation period, and such need is approved by the District, employees may be given the opportunity to volunteer for the additional class periods which may be scheduled before, during, or after the normal school day.
220.127.116.11 If more than one person volunteers, assignment will be made according to the following criteria in priority order:
(1) Possession of appropriate credentials and other state and federal accountability mandates
(2) Evidence of successful teaching experience at the grade level(s) and/or in the subject(s) applied for,
(3) Order of seniority of employment with the District.
18.104.22.168 Compensation for this additional period shall be one fifth (1/5) of the employee’s daily rate.
22.214.171.124 It is the intent of this section to provide the principal with flexibility in class offerings and staffing.
9.4.4 For middle school and high school teachers with other than a regular full-time assignment, compensation, conference periods, and prorated benefits as referred to in Article 8.1.4 shall be determined as follows:
Number of Teaching
Portion of Required
% of Full-Time
126.96.36.199 With exception of the additional one-fifth (1/5) conference period of unit members who have a six period teaching assignment, all conference periods shall be taken within on-site duty time. The additional one-fifth (1/5) conference period shall be defined by the unit member with the approval of the principal.
188.8.131.52 Unit members having less than a full-time assignment and unit members teaching an additional class period may accumulate the additional preparation time for one preparation period weekly with the approval of the principal.
9.4.5 The District shall schedule a minimum of two certificated employees on-site during the hours of these programs.
9.5 Extended ED Year
9.5.1 Certificated employees who work in the Emotionally Disturbed (ED) program may be asked to work an extended school year in addition to the regular work year.
9.5.2 If federal and/or state laws regulating special education services require a change in employee hours, the District shall meet with the Association prior to implementing any change in employee hours.
9.5.3 The daily rate of pay for certificated unit members in the ED extended session shall be at the same daily rate earned during the regular school year.
9.5.4 The number of work days in the extended session shall be determined by the District.
9.5.5 The selection of extended ED year teachers shall be at the discretion of the District subject to the following procedures:
(a) Positions shall first be offered to persons who hold the positions during the regular school year.
(b) Openings for extended session positions shall be posted at all worksites where certificated employees of the District are assigned.
(c) Permanent and probationary District employees will be considered for extended session positions before other candidates are considered.
(d) The District shall use the following criteria in priority order for selection from among extended session candidates:
(1) Possession of appropriate credentials.
(2) Evidence of successful teaching experience in applicable subjects and/or grade levels, with students who have special needs, is preferred.
9.5.6 Certificated employees who work the extended ED year shall earn sick leave credit in accordance with Article 13 – Leaves, and shall follow procedures outlined in Article 13 regarding leaves of absence. Sick leave earned during the extended session shall be accrued to the regular school year.
9.6 Children’s Centers and Around the Bell
9.6.1 The regular work year for a 12 month Children’s Centers teachers shall be 246 days, or no less than minimum number of days determined in the State Department of Education Child Development Division Contract. The regular work year for 9.5 month Around the Bell teachers shall be 193 days. The 9.5 month Around the Bell teacher shall report to work one day before school starts. Vacation days for Children’s Centers teachers are included. However, Children’s Center teachers may be employed for less than 246 days, but shall be considered to be full-time for the purpose of this Article; compensation shall be based upon the number of months, or parts thereof, for which the teacher is required to work.
9.6.2 Unit members assigned to Children’s Centers shall be employed for a maximum of forty (40) hours per week during the Centers’ normal hours of operation, 7:00 a.m. to 6:00 p.m. In calendar years when December 24th and 31st fall on a week day, the Children’s Centers shall be closed approximately one hour early. Actual hours of assignment shall be determined by the Coordinator of Child Development Programs.
184.108.40.206 Unit members who are on duty at least six (6) hours per day in the Children’s Centers shall have a forty five (45) minute duty-free lunch period.
220.127.116.11 When the Coordinator requires a unit member assigned to the Children’s Centers to work in excess of eight (8) hours per day or in excess of forty (40) hours per week, the employee shall receive compensation at one and one-half times the hourly equivalent of their regular salary rate. Children’s Center teachers whose regular assignment is less than forty (40) hours per week shall be paid at the hourly equivalent of their regular rate of pay if the Coordinator requires them to work beyond their regularly scheduled hours, up to eight hours per day or forty hours per week, including attendance a Open House.
18.104.22.168 One-half hour preparation time is provided for Children’s Center and State Funded Program unit members.
9.7 FACTS Program
9.7.1 The FACTS Teachers will attend to the students from 8:00 a.m. or when the bus arrives, until 2:00 p.m., or until they are safely on the bus. At the time when the students are gone, the FACTS teachers will be free to take a duty free lunch. Their workday ends at 3:00 p.m.
9.8 Independent Learning Academy
9.8.1 Work day shall be seven (7) hours with a forty (40) minute duty free lunch. The assignment will be determined by the Independent Learning Academy Supervisor in collaboration with the ILA teacher.
9.9 Adult School, Home Teachers and other Part-Time Employees
9.9.1 The normally assigned duty hours for a full-time Adult School Resource Teacher shall be comparable to those of a full-time classroom teacher. The scheduling of the work hours of Adult School Resource Teacher shall be done by the Director of Adult Education and may include a reasonable number of evening and night responsibilities.
9.9.2 The regular work year for permanent adult school teachers shall be 32 weeks in length. Temporary and probationary adult school teacher hours and length of semester are subject to sufficient class enrollment.
9.9.3 Adult School teaching positions are part-time positions. Assignments to these positions shall be on the basis of “assignment by the hour, pay by the hour.”
9.9.4 Home Teachers
Home teachers teaching three (3) hours per day shall receive one-half (1/2) hour of paid preparation time. Home teachers shall receive 15 minutes of paid preparation time per student per day with a maximum for any one teacher, or any student assigned to that teacher, of 60 minutes per day and a maximum of 60 minutes per week per student. Home teacher positions are part-time positions and are paid by the hour.
9.9.5 Part-time employment and assignment to any other position included within this bargaining unit shall also be on the basis of “assignment by the hour, pay by the hour.”
9.9.6 There shall be no double pay for work performed in two different assignments at the same time by any employee in the bargaining unit unless specifically authorized in another provision of this agreement.
9.10 Miscellaneous Provisions
9.10.1 Unit members shall indicate their arrival at and departure from the work site by placing a check mark on the appropriate form provided by the District.
9.10.2 The District shall provide relief from or compensation for elementary yard duty supervision before school and during morning recess. Compensation shall be based upon a prorated amount of Step 1, Column 1 of Exhibit 1.
9.10.3 Kindergarten teachers teaching in an a.m./p.m. partner configuration shall provide teaching assistance to the other teacher in the classroom for a period of one (1) hour per day, on days of instruction. Kindergarten teachers not teaching in an a.m./p.m. partner configuration shall assist in another classroom and/or provide interventions for a period of one (1) hour per day on days of instruction, during normal regularly assigned on-site duty hours, or may, upon mutual agreement with the principal and all kindergarten teachers at the site, teach their own class for an additional hour as part of the site extended day program. The extended day kindergarten program shall have mutual agreement annually by May 1st. The extended day kindergarten schedule shall become effective upon agreement of the site principal, all kindergarten teachers at the site and the Association. The provisions of Article 9.8.3 shall not apply to Kindergarten teachers teaching in a divided opening configuration.
9.10.4 Full work days of staff development activities must be at least six (6) hours in length, exclusive of lunch. The site administrator, in consultation with site staff, shall determine the length of the lunch period. However, the duty free lunch period shall be no less than thirty (30) minutes in length. Lunch on district staff development days shall be sixty (60) minutes in length. Lunch on pupil free non- staff development days may be up to ninety (90) minutes in length, at the discretion of the unit member.
9.10.5 Assigned travel time for unit members between schools shall be work time.
9.10.6 For all full-time nurses, counselors and librarians, the equivalent on-site duty time shall be consistent with other full-time employees unless otherwise provided for in this Article. The head nurse, whose duty hours shall be 7:50 a.m. to 4:00 p.m., shall be assigned and paid as a 120% (1.2 Full-Time Equivalent) position.
9.10.7 In collaboration with the site administrator, time shall be given to Special Education teachers, for Special Education Collaboration with general education classroom teachers to work together for purposes of consultation and lesson planning and assessments.
9.10.8 The District shall provide Disaster training annually.
9.10.9 Teachers with combination classes at the elementary level shall be given a total of three (3) days at their daily rate or three sub days scheduled in collaboration with the principal.
9.11 Conferences, Preparation Time, and Substitutes
9.11.1 The Conference Period of a middle school or high school teacher and the Preparation Time of an elementary teacher during on-site duty hours shall be a period of time provided primarily for the purpose of carrying out professional responsibilities related to classroom teaching services and to the teaching and/or guidance of pupils. The preparation period should not be used on a regular basis for duties outside the regular assignment.
9.11.2 The parties acknowledge that unit members have a responsibility to confer with students and parents. This may include conferring outside of regular working hours. Parents of fourth and/or fifth grade students who are receiving a “3” or better grade may opt out of individual spring parent conferences.
9.11.3 Classroom teachers, Children’s Centers teachers, special teachers, nurses, counselors and school librarians shall attend such required meetings, participate in such professional activities, and perform such professional assignments after the regular on-site duty time as may be called or assigned by the principal, other immediate supervisor, or the Superintendent. Such meetings shall not extend beyond 4:30 p.m.
9.11.4 The normal regularly assigned on-site hours for counselors shall be from 7:50 a.m. to 3:00 p.m. and shall include a forty (40) minute duty-free lunch period. Counselors may work a flexible, schedule upon mutual agreement between the administrator and the counselor. In addition, no counselor will be required to work beyond 3:15 p.m. on Fridays or any day prior to a holiday weekend. Counselors required to work evening assignments other than Back to School Night and Open house shall be given equivalent flex time. No Counselors shall be required to do lunch supervision.
9.11.5 Participation of Bargaining Unit Members in Individualized Educational Program (IEP), Individual Intervention Plan (IIP), 504 Plan, Individualized Transitional Program (IT), Individual Learning Plan (ILP), Student Study Team (SST) and Retention meetings shall be no longer than 90 minutes in length and/or end no later than 4:30 p.m., unless continued by mutual agreement of all involved. Meetings that are not concluded shall be rescheduled for continuation. Attempts shall be made to schedule the above-listed meetings within the regularly assigned on-site duty hours.
9.11.6 It is recognized and agreed that meetings, professional activities, and professional assignments may be called or required during on-site duty hours, but meeting of classroom teachers before students are required to be at school shall not be called unless essential, or by mutual agreement of site Administration and site faculty, in order that teachers may normally have this time for preparing for the teaching day.
9.11.7 School principals and other immediate supervisors shall make provision in schools and other work areas for adequate personal relief time for classroom teachers and other unit members. Time available for this purpose may include, but not be limited to, morning nutritional periods, passing times in secondary schools, recesses, and during testing, blocks.
9.11.8 Under normal circumstances, a substitute teacher will be employed during the absence of a teacher. However, in an emergency situation, if no other supervision is available, a unit member may be required to cover another unit member’s class. Management will attempt to provide such coverage equitably and will consider prior professional commitments of unit members in making such assignments.
22.214.171.124 Compensation will be paid each time a unit member covers another unit member’s secondary class period at the direction of site administrator as shown in Exhibit F.
126.96.36.199 When a unit member has covered another unit member’s elementary class or students from another elementary class at the direction of site administrator, compensation will be paid each time as shown in Exhibit F. When an elementary class must be divided into more than one class, students shall be divided equally, as much as possible, by the number of classes. Compensation will be based on Exhibit F; the hourly rate will be divided by the number of classrooms in which the students are placed.
9.11.9 4th and 5th grade teachers shall receive 100 minutes per week of pupil-free time with respect to 4th and 5th grade students to which they are regularly assigned. Such pupil-free time shall commence by the 3rd academic week of the first semester of each year. The purpose of the pupil-free time is to provide fourth and fifth grade teachers with additional preparation/planning time. The intent of this article is to provide planning time in blocks of not less than 30 minutes. On rainy days the regular classroom may be used for student instruction not involving the 4th or 5th
9.11.10 Commencing no later than the first semester of the 2007-2008 school year, 3rd grade teachers shall receive 100 minutes per week of pupil-free time with respect to 3rd grade students to which they are regularly assigned. Such pupil free time shall commence by the 3rd academic week of the first semester of each year. The purpose of the pupil-free time is to provide 3rd grade teachers with additional preparation/planning time. The intent of this provision is to provide planning time in blocks of not less than 30 minutes. On rainy days, the regular classroom may be used for student instruction not involving the 3rd grade teacher.
9.12 Inclement Weather
9.12.1 In the event schools are closed due to inclement weather or other acts of nature, bargaining unit employees shall be released from their on-site duty hours after appropriate supervision, appropriate transportation, and/or release to parents or designated persons of their students have been accomplished.
9.12.2 On an individual school basis, at the discretion of the principal, on an “inclement weather” schedule lunch periods may be reduced to thirty (30) minutes, duty free. The “inclement weather” schedule shall be developed by the site principal in collaboration with staff with the intention of preserving the regular duty-free lunch whenever possible.
10.1 The Association, pursuant to its rights under Government Code section 3546, has notified the District that, effective July 1, 2001, all bargaining unit members who do not fall within the exempted category as set forth in 10.4 and who have not voluntarily made application for membership in the Association by July 30, 2001, or within thirty (30) days from the date of commencement of assigned duties, shall become a member of the Association or shall pay to the Association an agency fee in an amount to be determined by the Association and consistent with applicable law. Such agency fee shall be payable to the Association in one lump sum cash payment or authorized through payroll deduction as provided in 10.2. In the event that a bargaining unit member does not pay such fee directly to the Association, or authorize payment through payroll deduction, the District shall begin automatic payroll deduction as provided in Education Code Section 45061 and in the same manner as set forth 10.2.
10.1.1 The Association shall annually provide, to each bargaining unit member who is required to pay an agency fee, written notice of the amount of the agency fee and the procedure for appealing all or any part of the agency fee consistent with current law and all applicable regulations and decisions of the Public Employment Relations Board.
10.1.2 Any disputes over the amount of the agency fee shall be resolved in a manner consistent with applicable law.
10.2 Any unit member who is a member of the Burbank Teachers 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. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues from the regular salary check of the unit member each month for ten (10) months. Deductions for bargaining unit members who sign such authorizations after the beginning of the school year shall be prorated in such manner that the employee will pay membership dues only in proportion to the number of school months during the school year in which the employee is a member of the Association. Any fraction of a month of membership shall be counted as a full month. Unit members who currently have authorization cards on file for the above purpose need not be re-solicited. Such authorization shall continue in effect unless revoked in writing in accordance with the provisions of this Article.
10.2.1 The District shall not deduct monies specifically earmarked for ABC, PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member.
10.2.2 A unit member who revokes authorization for the payroll deduction of dues, fees and assessments consistent with the provisions of this Article shall comply with 10.1 or 10.4.
10.3 With respect to all deductions by the District pursuant to this Article, whether for membership dues or agency 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, agency fee payer, or charity donation, and indicating any changes in personnel from the list previously furnished. There shall be no charge to the Association for such deductions.
10.4 Any unit member 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 BTA/CTA/NEA as a condition of employment. However, in lieu of an agency fee such unit member shall pay a sum equal to such agency fee to one of the following nonreligious, nonlabor organization, charitable funds exempt from taxation under Section 501 (c)(3) of Title 26 of the Internal Revenue Code:
a. American Heart Association
b. City of Hope
c. Ronald McDonald Cancer Fund
10.4.1 Proof of payment, pursuant to section 10.4, shall be made on an annual basis to the District as a condition of continued exemption from the provisions of 10.1 and 10.2. 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 agency fee has been made. Such proof shall be presented within thirty (30) days of the effective date of this Agreement or within thirty (30) days of commencement of assigned duties. No services may be received by a unit member for such donation. The Association shall have the right of inspection in order to review said proof of payment.
10.4.2 Any unit member making payments as set forth in this Section, who requests use of the
grievance or arbitration provisions of this Agreement, shall be responsible for paying to the Association the reasonable cost of using such procedures.
10.5 Hold Harmless and Indemnity Provision
10.5.1 The Association, as defined by this Agreement, shall fully and promptly reimburse the District for reasonable legal fees and costs incurred in responding to or defending against any legal or administrative actions which are actually brought against the District or any of its agents by other than the Association in connection with the administration or enforcement of this Article.
10.5.2 Upon notice that the District is going to seek indemnification or to be held harmless under this provision, the Association shall have the right to meet with the District regarding the reasonableness and merit of any suit or action for which the District seeks indemnification and shall attempt to agree whether any such action listed in Section 10.5.1 shall be compromised, resisted, defended, tried, or appealed.
10.5.3 The Association shall have the right to determine, after consultation with the District, whether such action or suit shall or shall not be compromised, settled, resisted, defended, tried or appealed. The Association shall cooperate in good faith with the District in any determination of whether such action or suit shall or shall not be compromised, settled, resisted, defended, tried or appealed. Each party shall act reasonably to protect the interests of the other party. The Association shall not unilaterally make any decision with regard to such action or suit if such decision includes or involves the admission of any wrong doing by the District, its officers, its agents, or its employees; if such decision includes or involves any financial or personal liability of the District, its officers, its agents, or its employees (unless the Association agrees to assume such liability); or if such decision requires the District to violate any law, prior contractual commitment made by the District, or any District policy.
11.1 At all grade levels, administrators shall make adjustments and maintain reasonably balanced class enrollments consistent with student needs and capacity of facilities, with special attention given to the numbers of laboratory and work stations where specialized equipment is used by students.
11.2 The District and the Association agree that class sizes in programs partially funded by the State or Federal governments shall be regulated by the maximum enrollment stipulations contained in applicable laws and regulations.
11.3 The parties to this Agreement accept and support an annualized pupil-to-classroom teacher ratio of 30.5:1. Exceptions to this ratio shall include elementary grades TK-3 which, pursuant to California Education Code section 42238.02(d)(3)(B) and State funding by fiscal year 2020-2021, shall not exceed an average pupil-to-classroom teacher ratio of 24:1. The TK-3 average pupil-to-classroom teacher ratio at each site may fluctuate higher than 24:1 prior to 2020-2021.
11.3.1 If the ratio is over the 32.5:1 site average for grades 4 and 5, the site Administrator or designee shall meet with the BTA site rep(s) at the end of the second week of school to review the class sizes.
11.4 English Language Development
11.4.1 It is understood that ELD programs at elementary and middle schools may vary in size and configuration according to student needs, and that each site administration and staff will jointly develop a plan to staff those needs.
11.4.2 The parties agree that normal practice at the high school level will provide ELD class sizes of approximately twenty (20) students per class with an aide and that a normal full-time ELD teaching assignment is five instructional periods. The parties recognize the fact that this target will vary according to student needs and scheduling conflicts.
11.5 The District and the Association agree that intervention classes and classes in English language arts, mathematics, social science, science and world language should have preferential priority for reduced class size.
11.6 It is agreed and understood that each school year:
a. A joint committee consisting of the site administrator(s) and representatives of the Association shall meet during the second week of each semester to review class sizes, full-time equivalents FTE allocation, teacher loads, work station to students, and number of preparations. The joint committee shall also review the number of special education students within general education classrooms Problems concerning these issues which cannot be resolved at the site shall be referred to the Superintendent or designee and the Association.
b. The District will provide the Association with copies of the October, February, and May calculations relative to annualized pupil to classroom teacher ratio and supporting documentation not later than when such reports are distributed to the Board of Education.
c. Upon request by the Association, the District shall provide the Association with the total number of FTE’s allocated by the District for each school site at the conclusion of the second week of each semester.
11.7 The District and unit members shall comply with applicable federal, state and local laws and regulations in implementing the Special Education Program.
11.8 It is recognized that the composition of the class enrollment in Special Day Classes (SDC) has an effect on the educational program. SDC teachers may seek review of the appropriateness of the composition and size of their classes by submitting a written request to the Director of Special Education or designee. The request shall include a specific statement of the teacher’s concern and supporting documentation of attempts to deal with problems created by the composition of the class. Upon receipt of a request for review, the Director of Special Education or designee shall investigate factors relating to the teacher’s request. As part of the investigation, advice may be sought from a committee composed of special education teachers and support staff. Within ten (10) working days of the request (fifteen (15) working days during the first three weeks of school), the Director of Special Education or designee shall meet and shall provide the teacher with written findings and recommendations which may include class changes, if appropriate.
11.9 The Director Special Education and Psychological Services and the speech and language specialists shall work cooperatively to maintain an average case load of 55 students per full-time speech and language specialist except that the average case load for a full-time speech and language specialist assigned to work only with preschool age children shall be 40 students. The parties understand that the actual case load per speech and language specialist will vary from this average depending upon the number of contacts per student per week. Problems concerning these issues which cannot be resolved by these parties shall be referred to the Superintendent or designee and the Association whereby a meeting will be held to explore options and examine case load distributions.
12.1 The evaluation process is one means by which to improve the quality of education provided to students. It is an ongoing process focused on the means by which each individual can more effectively contribute to the educational effort of the District. It is based upon an objective and fair assessment of performance and is a self-enlightening activity, which occurs in an atmosphere of mutual trust and respect. This relationship is based upon the mutual understanding of the needs of the employee and the responsibility of the evaluator to provide recognition, reinforcement, encouragement and supports of excellence. The purpose of evaluation is to promote effective interaction with students through the recognition, reinforcement and encouragement of excellence by: supporting professional growth, enhancing communication, fostering mutual trust and respect, encouraging self evaluation, providing assistance, and accurately documenting employment decisions. The District shall evaluate and assess employee competency as it reasonably relates to:
12.1.1 The progress of students toward the District standards established and, if applicable, the state adopted academic standards. (Standard V: Standard for Assessing Student Learning)
12.1.2 The instructional techniques and strategies used by the employee. (Standard I: Standard for Engaging and Supporting all Students in Learning, Standard III: Standard for Understanding and Organizing Subject Matter for Student Learning and Standard IV: Standard for Planning Instruction and Designing Learning Experiences for a All Students)
12.1.3 The employee’s adherence to curricular objectives. (Standard III: Standard for Understanding and Organizing Subject Matter for Student Learning and Standard IV: Standard for Planning Instruction and Designing Learning Experiences for a All Students)
12.1.4 The establishment and maintenance of a suitable learning environment within the scope of the employee’s responsibilities. (Standard II: Standard for Creating and Maintaining Effective Environments for Student Learning.)
12.2 GENERAL PROCEDURES IN THE EVALUATION PROCESS:
12.2.1 Evaluation and assessment of the performance of each certificated employee is meant to be a continuing process. Evaluations shall be conducted at least every other year for employees in permanent status, and annually for temporary employees, probationary employees, and permanent employees who have been designated as requiring a professional growth plan.
12.2.2 Notwithstanding section 12.2.1 above and in accordance with A.B. 954 (Goldberg), employees who meet each of the following conditions shall be evaluated up to every five years:
1. The employee has achieved permanent status;
2. The employee has been employed by the District continuously as a certificated employee for at least ten (10) years;
3. The employee is “highly qualified” as defined by 20 U.S.C. section 7801;
4. The employee was rated as meeting or exceeding standards in his or her previous evaluation;
5. Both the employee and the evaluator consent; and
6. Neither the employee nor the employee’s current evaluator has withdrawn consent.
NOTE: For the purpose of determining whether a bargaining unit member has been “employed by the District continuously as a certificated employee for at least ten (10) years,” a bargaining unit member shall qualify if he/she has actually worked as a certificated employee in the District fifty (50) percent or more of the number of days in the work year in each of ten (10) or more years whether or not such years are consecutive. For job sharing teachers, the percentage is fifty (50) percent of their job share agreement. Consent or withdrawal of consent by the employee’s evaluator in accordance with subparagraphs 5 and 6 above shall not be made arbitrarily or capriciously and must have the concurrence of the employee’s principal. Upon written request made within ten (10) days of written notice to the employee of the evaluator’s refusal to consent or withdrawal of consent, the evaluator shall state in writing the reasons for such refusal or withdrawal of consent. For the purposes of subparagraph 4 above, “meeting or exceeding standards” is defined as “Continued Employment Recommended.”
12.2.3 Normally, the evaluator shall be the employee’s immediate supervisor or designee. Other management or supervisory employees may provide supplementary evaluations when designated by the Superintendent, or designee. Bargaining unit members shall not evaluate other bargaining unit members.
12.2.4 The evaluation and assessment of employee competence pursuant to the Stull Act Evaluation Procedure shall not include the use of published norms established by standardized tests.
12.2.5 A memorandum of concern may be utilized at any time during the year by the evaluator when specific incidents occur which require documentation and/or administrative directives.
12.2.6 During non Stull evaluation years, brief visits and/or observations and conferences with employees may be made as determined by the evaluator.
12.3 SPECIFIC PROCEDURES IN THE EVALUATION PROCESS:
12.3.1 Planning Conference:
188.8.131.52 The evaluator and the employee shall meet for a planning meeting or conference (individual or group) no later than October 15 to review performance criteria (Form A1 or B1) and the Continuum for Excellence (Form A2 or B2) At this conference, the employee shall sign form A1or B1 acknowledging performance criteria by which the employee will be evaluated.
184.108.40.206 For employees hired after October 15th of the school year, the deadline for the completion of the pre-evaluation conference is two weeks after the date of hire.
12.3.2 Classroom Observations:
220.127.116.11 During the course of the evaluation cycle, the evaluator will conduct classroom observations a minimum of two (2) times with at least one scheduled observation. Such observations shall be concluded by:
February 1 for second year probationary employees who are being considered for non-reelection
April 1 for all other probationary employees
May 1 for permanent and temporary employees
18.104.22.168 Each such formal observation will generally last 20-30 minutes. Additional brief visits as appropriate may be conducted.
22.214.171.124 During such observations, the evaluator will use only the criteria on the Planning and Observation Form (Form A1or B1). Upon request, any notes taken by the evaluator during the observation shall be provided to the employee.
126.96.36.199 An employee may select a monitor, who shall be a member of the bargaining unit, to conduct an observation with the evaluator. If a monitor is used, any observation should be discussed with the employee and, with the employee’s consent, the evaluator. The District shall provide release time for the monitor to perform such duties.
12.3.3 Post Observation Conference:
188.8.131.52 A post observation conference shall be scheduled by the evaluator no later than five (5) working days (excluding absences) following each observation – unless there are extenuating circumstances and both parties agree to a five (5) working days extension. The evaluator will plan this conference to facilitate two way communication between the evaluator and the employee. The evaluator and the employee will discuss the teaching strategies used during the lesson and analyze their impact on student learning. Alternative strategies may be generated by the evaluator and employee at this conference. At this post-observation conference the employee should be prepared to become involved in the analysis of the teaching segment and take notes.
184.108.40.206 (Form A1or B1) shall be completed by the evaluator for all observations. Both the evaluator and the employee are to sign the form and a copy shall be provided to the employee.
12.3.4. Professional Growth Plan:
220.127.116.11 If, during the course of the year, it is determined by either the employee or evaluator that the employee is in need of additional assistance, the evaluator shall meet with the employee as soon as possible and discuss the concern that has been identified in order to develop a Professional Growth Plan (Form D). This professional growth plan shall describe the area(s) in need of improvement, specific activities to be implemented, and timelines for implementation. An employee shall not be required to participate in such plan unless an attempt is made to jointly reach agreement on the nature of the program with the employee. Should the employee and the evaluator fail to reach an agreement on the nature of the program, the Superintendent, or designee, shall make the final determination.
18.104.22.168 If, at the conclusion of the school year, the employee has successfully completed the professional growth plan, this shall be reflected on Form D. If, however, at the conclusion of the school year, the employee has not successfully completed the professional growth plan, the evaluator and the employee shall jointly develop another professional growth plan for the following school year. Should the employee and the evaluator fail to reach an agreement on the nature of the program, the Superintendent, or designee, shall make the final determination.
22.214.171.124 Release time shall be provided when required by the nature of the program or improvement plan. The program shall not require costs to the employee unless agreed to by the employee. And, if the plan includes peer participation, the relationship between the participating employee and the peer shall be confidential.
12.3.5. Summary Evaluation
126.96.36.199 A copy of the Summary Evaluation (Form C) shall be received by employees not recommended for employment the following year no later than:
February 15 for second year probationary employees
April 15 for first year probationary employees. A final summary evaluation conference shall be scheduled with the employee following the receipt of such form. Such conference shall occur within five (5) working days (excluding absences) unless there are extenuating circumstances and both parties agree to a five (5) working days extension. However, any probationary employee being considered for non-reelection the following year, may complete Form E and deliver
such form to the evaluator prior to the final summary evaluation conference. No later than May 1, employees have the option of either conferencing with their evaluator relative to their end of the year summary or completing and submitting to their evaluator their Employee End Of The Year Summary (Form E). Should the employee select the option of completing Form E, the employee shall be concise by limiting comments to no more than 200 words. Such comments shall include a written summary statement indicating the extent to which the performance criteria have been met.
188.8.131.52.1 With either the conference or the use of Form E, the employee must be prepared to submit documentation to substantiate progress toward or attainment of the performance criteria. Examples of such documentation include, but are not limited to: samples of student work/projects, logs of parent/student contacts, lesson plans, pupil portfolios, teacher-made test results, pre and post publishers’ tests, photographs, surveys, grade books, and anecdotal records.
184.108.40.206 No later than thirty calendar days prior to the close of school, a copy of the Summary Evaluation (Form C) shall be received by employees who are being recommended for employment the following year. A summary evaluation conference may be scheduled by either the evaluator or the employee following the receipt of such form.
220.127.116.11 The following evaluation forms shall be placed in the employee’s personnel file:
Planning and Observation (Form A1 or B1) from each observation, Summary Evaluation (Form C), Professional Growth Plan(s), if applicable (Form D), and the optional Employee End of the Year Summary (Form E), if submitted; or the ROP evaluation (Form F).
12.4 EVALUATION TIMELINES:
12.4.1. A calendar identifying the procedures for the implementation of the evaluation process follows:
18.104.22.168 By October 15: The evaluator and the employee shall meet for a pre-evaluation meeting or conference (individual or group) and complete Form A1or B1.
22.214.171.124 By February 1: Classroom observations shall be concluded for second year probationary employees who are being considered for non-reelection.
126.96.36.199 By February 15: The Summary Evaluation (Form E) shall be received by second year probationary employees not recommended for employment the following year.
188.8.131.52 By April 1: Classroom observations shall be concluded for all other probationary employees not covered by section 184.108.40.206 above.
220.127.116.11 By April 15 The Summary Evaluation (Form C) shall be received by first year probationary employees not recommended for employment the following year.
18.104.22.168 By May 1: Classroom observations shall be concluded for permanent and temporary employees. Permanent and temporary employees have the option of either conferencing with their evaluator relative to their end of the year summary objectives or completing and submitting to their evaluator their End of the Year Summary of Objectives (Form E).
22.214.171.124 By no later than thirty (30) calendar days prior to the close of school:
Employees who are being recommended for employment the following year shall receive a copy of the Summary Evaluation (Form C).
12.5 The evaluation forms pursuant to this Article are contained in Exhibit L: The Certificated Evaluation Process.
This Article contains the leaves available to members of the bargaining unit.
13.1 General Provisions — Paid Leaves of Absence
13.1.1 The following leaves in section 13.1 must be granted by the District to members of the bargaining unit as long as all expressed conditions are satisfied by the member of the bargaining unit.
13.1.4 Bereavement Leave
13.1.6 Industrial Accident and Illness Leave
13.1.7 Jury Duty Leave
13.1.8 Military Leave
13.1.10 Personal Necessity Leave (Education Code)
13.1.11 Other Personal Leave (Ten Day Limit)
13.1.12 Pregnancy Disability Leave
13.1.13 Required Court Attendance Leave
13.1.15 Sick Leave
13.1.2 A unit member intending to be absent shall notify the District Substitute System by 6:00 a.m. of the day of absence, except as specifically detailed in leave sections. Exceptions to 13.1.2 may be made for emergencies that arise after 6:00 a.m. Notice of absence shall indicate the exact date of return. Unit members shall use the following process when it is necessary to change the reported date of return:
126.96.36.199 To extend an absence the unit member shall call school by 2:00 p.m. on the day prior to the reported day of return, so the substitute may be retained. If it is not possible to call prior to 2:00 p.m., the unit member shall notify the District Substitute System no later than 6:00 a.m. the following morning.
188.8.131.52 To return earlier than the reported date, the unit member should notify school before 2:00 p.m. on the day prior to return so the substitute may be released. If it is not possible to call prior to 2:00 p.m., the unit member shall notify the District Substitute System no later than 6:00 a.m. the following morning.
13.1.3 Notwithstanding any other provisions of this Agreement, an employee granted leave under any of the leaves listed in 13.1.3, if the length of the authorized leave is one semester or less, 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 authorized leave is in excess of one semester, the employee shall be entitled to return to an assignment comparable to the assignment held at the time such leave commenced. “Comparable” means a position that has the same or similar duties and pay which can be performed at the same educational level as the position held prior to the leave and subject to availability of the position. “Comparable” does not mean that the unit member will be assigned to exactly the same elementary grade level. The above considerations apply to the following leaves:
13.1.5 Exchange Teacher Leave
13.1.7 Jury Duty Leave
13.1.10 Personal Necessity Leave (Education Code)
13.1.12 Pregnancy Disability Leave
13.1.14 Sabbatical Leave
13.1.4 Bereavement Leave
184.108.40.206 Regular employees who are absent from duty because of acute bereavement shall be allowed full pay for a period not to exceed seven (7) workdays. Acute bereavement is interpreted as that occasioned by death, or serious illness when death is imminent of a father, step-father, mother, step mother, grandmother or grandfather of the employee or of the spouse of the employee, and the spouse, brother, step-brother, sister, step-sister, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, grandson, granddaughter, or a person who resides in the household of the employee.
220.127.116.11 Adult school teachers teaching on an hourly basis shall be entitled to the same number of bereavement days as other unit members. A bereavement day for Adult School teachers is defined as the period of time they regularly teach in relationship to a full school day.
13.1.5 Exchange Teacher Leave
18.104.22.168 A leave of absence as an exchange teacher may be granted for a period of one (1) year in length to any teacher who has attained permanent status. The unit member may request one (1) additional year’s leave of absence from the Superintendent or designee.
22.214.171.124 To apply for this leave the unit member must submit a request in writing to the Human Resources Services before February 1 of the school year prior to the school year for which leave is sought, unless leave is sought for the second semester only, in which case the request must be submitted by the prior October 15. The Superintendent may consider late requests under unusual and/or extraordinary circumstances.
126.96.36.199 This leave provision shall be subject to the requirement that an employee on leave shall notify the Superintendent or designee in writing of the employee’s intention to return to duty with the District not later than February 1 or October 15 prior to the beginning of the semester in which the employee intends to return to duty with the District.
If a notice of intention to return is not received by February 1 or October 15, the District shall send a letter by certified mail, requesting a written response from the employee. If the employee does not respond within thirty (30) calendar days following the mailing of the District’s certified letter, such lack of response shall be considered to be a voluntary resignation effective at the expiration of the leave.
188.8.131.52 Service as an exchange teacher shall be made in accordance with the provisions of the Education Code, the regulations of the school district affected, and the approval of the Board of Education.
184.108.40.206 A Burbank teacher who has been approved and has accepted a position as an exchange teacher shall receive the same salary as would normally be received if employee were not serving as an exchange teacher.
220.127.116.11 When approval has been given to an application for service as an exchange teacher, the Business Division shall prepare an “Agreement Covering Exchange Teachers” and shall secure the signatures of both teachers concerned.
18.104.22.168 Progress on the salary schedule shall not be interrupted for time spent on leave as an exchange teacher.
22.214.171.124 To be eligible for consideration of additional leaves beyond the Exchange Teacher Leave, the unit member must return to service in the District for one full contract year.
13.1.6 Industrial Accident and Illness Leave
126.96.36.199 For the term of this Agreement, the members of this bargaining unit shall be entitled to industrial accident and illness leave in accordance with the following rules and regulations:
a. Allowable leave shall not exceed sixty (60) days during which the schools of the District are required to be in session or the employee is otherwise required to work for the District in any one fiscal year for the same accident.
b. Allowable leave shall not be accumulated from year to year.
c. Industrial accident or illness leave shall commence on the first day of absence.
d. An employee absent from duties because of an industrial accident or illness shall be paid a portion of salary which, when added to temporary disability indemnity provided under the provisions of Labor Code Division 4 or Division 4.5, will result in payment to the employee an amount not exceeding full salary.
e. Industrial accident or illness leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.
f. When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due for the same illness or injury.
g. The employee shall endorse to the District any temporary disability indemnity checks received because of an industrial accident or illness and the District, in turn, shall issue to the employee appropriate warrants for payment of the employee’s salary, de-ducting from said warrants the normal retirement and other authorized contributions.
h. Upon termination of industrial accident or illness leave, the employee shall be entitled to the benefits set forth in the sick leave provisions of this Agreement, for which purpose the absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, the employee may elect to take as much accumulated sick leave as will, when added to the temporary disability indemnity, result in a payment of not more than full salary.
Bargaining unit members on leave and employed as long-term substitutes who suffer an industrial accident or illness shall be paid according to the above provisions. All other long-term substitutes shall be paid in accordance with the provisions of appropriate Labor and Education Codes.
i. The unit member returning from industrial accident or illness leave shall be entitled to return to the same assignment as held at the time the leave commenced unless the assignment has been discontinued or a dis-ability resulting from the accident or illness makes a reassignment necessary or desirable in the best interests of the District or the employee, or both. Unless returned to the assignment held at the time such leave commenced, the employee shall be given a comparable assignment.
j. An employee shall be deemed to have recovered from an industrial accident or illness and thereby able to return to work at such time as the physician appointed by the Industrial Accident Commission states there has been such recovery.
k. Progress on the salary schedule shall not be interrupted for time spent on industrial illness or accident leave.
13.1.7 Jury Duty Leave
188.8.131.52 The parties agree that Jury Duty Service shall be supported, but also limited as far as practical to the period of time when the operations of the District would not be adversely affected.
184.108.40.206 A unit member summoned to Jury Duty Service shall notify the immediate administrator of such summons. The District shall provide up to ten (10) days of paid leave for jury duty service. When summoned to Jury Duty Service, the unit member shall:
(a) Forward a legible copy of the notice of jury duty to the Superintendent or designee.
(b) Transmit to the District all fees exclusive of mileage received for jury service.
220.127.116.11 It is recognized that it is the District’s general policy not to grant paid leave for jury duty in excess of ten (10) days for certificated employees. If a unit member is required, after seeking exemption or postponement, to serve on jury duty beyond ten (10) days, the unit member may request an extension of paid leave from the Superintendent or designee.
18.104.22.168 The District shall advise the Court that the District maintains a policy of limiting paid leave for jury duty to a maximum of two percent (2%) of the total number of employees in this unit.
22.214.171.124 As an incentive for bargaining unit members to serve or delay jury duty service until summer recess or other non-work days rather than serving during the regular school year, the District shall compensate unit members $100 per day for each day of jury duty actually served during the summer or on other non-work days. A jury duty receipt of actual attendance must be submitted to Human Resources Services by the bargaining unit member to be eligible for the compensation provided by this section. The provisions of Article 126.96.36.199 shall not apply to employees assigned to the Adult School.
188.8.131.52 As an incentive for Adult School bargaining unit members to serve or delay jury duty service until summer recess or other non work days rather than serving during the regular school year, the District shall compensate Adult School bargaining unit members for each day of jury duty actually served during the summer or on other non-work days. Adult School bargaining unit members shall be eligible for compensation using the following criteria:
a) To determine the amount of daily compensation, the weekly hours of the bargaining unit member’s assignment that start before 6:00 p.m. shall be divided by 30 and multiplied by $100.
b) Weekly hours of the bargaining unit member’s assignment that start before 6:00 p.m. shall be based on the semester’s assignment in which the jury summons was received, or the subsequent semester if the jury summons is received and jury duty is served in the summer.
A jury duty receipt of actual attendance must be submitted to Human Resources Services by the bargaining unit member to be eligible for the compensation provided by this section.
13.1.8 Military Leave
184.108.40.206 Military leave shall be granted in accordance with Education Code Section 44800, Military and Veterans Code Sections 395 through 395.4, and the Uniformed Services Employment and Reemployment Rights Act (USERRA).
13.1.9 One-hour Release (Paid)
220.127.116.11 A unit member who requests permission to leave an assigned work area for necessary personal business reasons for a period not exceeding one (1) hour may do so with the prior approval of the immediate supervisor, and without loss of pay provided that no paid substitute time is requested or required. The bargaining unit member shall be entitled to such leave unless the immediate supervisor denies the request in writing for a stated reason.
13.1.10 Personal Necessity Leave (Education Code)
18.104.22.168 Any days of leave of absence for illness or injury allowed pursuant to Education Code Section 44978 may be used by the employee, pursuant to Education Code Section 4498l, for the following reasons only:
a. Death or serious illness of a member of the employee’s family.
b. Accident involving the employee’s person or property or the person or property of a member of the immediate family.
Such leave shall be granted to each unit member upon notification to the appropriate site administrator or other immediate supervisor. 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, or in this Agreement, 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 Accounting Department. The Superintendent or designee shall take whatever steps are necessary to confirm that a personal necessity, within the limits of this Article, did exist.
13.1.11 Other Personal Leaves (Ten Day Limit)
22.214.171.124 Unit members may utilize up to ten (10) days of leave of absence annually for other personal leave. Such leave shall be deducted from the unit member’s accumulated sick leave and shall not accumulate from year to year. The term other personal leave for purposes of this Section 13.1.11 is limited to the following:
a. Imminent danger to the unit member’s home, serious in nature and which requires the presence of the unit member during the working day.
b. Personal presence of the father at the time of birth of a child, or when birth is imminent.
c. Actual attendance at the funeral of a distant relative, friend, neighbor, employee or other acquaintance.
d. Unforeseen circumstances involving transportation or storm conditions that prevent the unit member from traveling to and from work.
e. Unit member’s appearance in court as a litigant.
f. 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.
126.96.36.199 Such leave shall be granted to each unit member only upon application to the appropriate site administrator or other immediate supervisor at least two (2) days before taking such leave, except in the case of emergency.
188.8.131.52 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 an other personal leave within the meaning of this Article. Nothing in this Article, or in this Agreement, 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 need. Such form may be approved for payment by the Superintendent or designee and shall be filed with the Accounting Department. The Superintendent or designee shall take whatever steps are necessary to confirm that a personal need, within the limits of this Article did exist, except under Subsection 184.108.40.206.
220.127.116.11 Discretionary Days – Two (2) days of the other personal leave of six (6) days allowable may be utilized at the discretion of the unit member upon the following conditions:
Such days shall be charged against the unit member’s unused sick leave.
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.
There shall be no accumulation from year to year of such days.
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 is 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.
The unit member shall not be required to give reasons for the use of such day.
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.
13.1.12 Pregnancy Disability Leave
18.104.22.168 Employees covered by this Agreement shall be entitled to use sick leave as set forth in this Agreement for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and related medical conditions on the same terms and conditions governing leave of absence for other illnesses, injuries, or medical disabilities. Such leave shall not be used for child care, child rearing or preparation for childbearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or related medical conditions.
22.214.171.124 The length of such leave, including the date on which the leave shall commence and the date on which the employee’s duties with the District are to be resumed, shall be determined by the employee and the employee’s physician. The District may require verification from the employee’s physician of the employee’s inability to work, the dates of the leave, and that the leave is related to disabilities caused by pregnancy, childbirth or related medical conditions.
126.96.36.199 An employee who wishes to request the pregnancy disability leave shall use the District approved form.
188.8.131.52 Employees who are members of the bargaining unit shall be entitled to leave without pay or other benefits for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or related medical conditions, when all current, accumulated, and half-pay sick leave has been exhausted. The date on which the employee shall resume duties shall be determined by the employee on leave and the employee’s physician.
184.108.40.206 This leave policy shall be construed as requiring the Board of Education to grant leave with pay only when it is necessary to do so due to medical situations arising out of pregnancy, miscarriage, or childbirth. These leaves are to be treated the same as leaves for other illnesses.
220.127.116.11 A unit member who is on a pregnancy disability leave, combined with an accompanying child care that is for one year or more, may advance no more than one step on the salary schedule. This advancement may occur even though that member has not been in paid status for seventy five percent (75%) of the total workdays assigned for that year.
18.104.22.168 Upon receipt of the verification of pregnancy disability in the Human Resources Services Department, salary warrants shall be issued during pregnancy disability leave in the same manner as they are issued for unit members on sick leave.
13.1.13 Required Court Attendance Leaving
22.214.171.124 A paid leave of absence shall be granted to any employee who appears as a witness in court. A maximum of five (5) employees per day shall be granted a paid leave of absence to respond to an official order from another governmental jurisdiction.
13.1.14 Sabbatical Leave
126.96.36.199 Consistent with Education Code Sections 44966 and 44967, sabbatical leaves for a unit member may be granted by the District beginning September 1992 up to a maximum of seven (7) sabbatical leaves per semester. Such leaves shall be granted only to permanent certificated employees, and no more than one (1) such leave per year to Children’s Centers teachers. A minimum of two (2) such leaves shall be granted each year subject to the provisions of 188.8.131.52.
184.108.40.206 Applications for sabbatical leave shall be subject to the recommendation of the Professional Advancement Committee and the Superintendent, and the approval of the Board of Education.
220.127.116.11 As a condition precedent to obtaining the leave, the employee must agree to render service to the District immediately following the leave for a period equivalent to at least twice the period of the leave.
18.104.22.168 In the event sabbatical leave is interrupted due to maternity, personal illness or injury, or other personal emergency involving the employee on sabbatical leave or the employee’s immediate family, the sabbatical leave and work pertaining thereto shall be completed in full within a three (3) year period of date of commencement of said sabbatical leave. It shall be the responsibility of the employee on sabbatical leave to immediately notify the District of any interruption in the leave undertaken, and to confer in sufficient time with District representatives and reach agreement upon arrangements for the completion of said sabbatical leave within the requirements set forth in Education Code Section 44966.
22.214.171.124 The employee on sabbatical leave shall receive fifty percent (50%) of regular salary, plus payment of premiums for health and welfare benefits in an amount not to exceed the District’s contribution for the highest employee only HMO or managed care plan as well as dental, vision, and life insurance plans.
126.96.36.199 Absence on sabbatical leave shall count as a regular period of service and shall not interrupt the teacher’s progress on the salary schedule.
13.1.15 Sick Leave
188.8.131.52 For the term of this Agreement, the members of this bargaining unit shall be entitled to sick leave in accordance with the following provisions:
a. A full-time employee who is a member of this bargaining unit shall be entitled to ten (10) days of sick leave with full pay during each school year and unit members who work an eleventh or twelfth calendar month shall be entitled to an additional day of sick leave earned for each additional calendar month of service rendered. Unit members who are part-time employees shall be entitled to such sick leave in the same ratio as their part-time hours of employment bears to the full-time hours of employment for members of this bargaining unit.
Unit members who are on a paid leave of absence shall accrue sick leave in the same manner as had been accrued in the most recent year in paid status. Unit members who are on an unpaid leave of absence shall be credited with sick leave at the beginning of each semester in the same manner as had been accrued in the most recent semester in paid status but shall have the proportionate number of days of sick leave reduced from their accrued sick leave at the end of each semester or upon termination, whichever occurs first, for that proportion of the semester spent in unpaid leave status.
b. If a unit member does not utilize the full amount of sick leave as authorized in Section 184.108.40.206(a) (above) during a school year, the amount not utilized shall be accumulated from year to year as “accumulated sick leave.”
c. Any unused sick leave credit (current year’s sick leave entitlement plus all accumulated sick leave entitlement) may be used by the unit member for sick leave purposes without loss of compensation.
d. After all other unused sick leave credit has been exhausted, any unit member shall be entitled to extended sick leave benefits as follows:
(1) The employee shall be compensated at a rate equal to fifty percent (50%) of regular salary for absence due to illness or injury in excess of current and accumulated full days of sick leave, but the total days paid at half pay (50%) shall not exceed one hundred (l00) in any fiscal year. Each fiscal year shall be considered a new one hundred (100) day period and subsequent one hundred (100) half-paid days of sick leave shall apply for the same employee.
(2) The half-pay days of sick leave authorized under this rule shall be exclusive of any other paid leave, holidays, or vacation time to which the employee may be entitled.
e. Verification of absence from duty due to illness or injury shall be provided to the District by all members of this bargaining unit in accordance with the following rules and regulations:
(1) Verification of absence due to illness or injury for a period not exceeding five (5) consecutive work days shall be provided by the employee by means of a written statement verifying such absence. Such statement shall be submitted to the immediate supervisor of the employee.
(2) Verification of absence due to illness or injury for a consecutive period of more than five (5) work days, but less than eleven (11) workdays, may be provided at District option, either by means of a written statement from the attending doctor or physician, or by a school physician appointed by the District; the latter option shall be at District expense.
(3) Verification of absence due to illness or injury for a consecutive period of more than ten (l0) but less than thirty (30) workdays shall be provided by means of a written statement from the attending doctor or physician.
(4) Verification of absence due to illness or injury for a period of one (1) calendar month or more shall be provided by means of a doctor’s written statement. Such statement shall be filed with the Superintendent or designee within fifteen (15) calendar days following each calendar month of such absence.
(5) Should any absence under a, b, or c above be in excess of ten (10) consecutive workdays, or in the event that the employee’s work record reflects a history of more brief but repeated absences due to illness or injury, the employee shall at the request of the Superintendent or designee, consult with and/or be examined by a school physician at the District’s expense.
(6) When the District has been informed in writing by a physician attending a unit member that the unit member is no longer ill and is able to return to work, but the District determines that further medical examination is necessary, the unit member shall not be penalized by any loss of sick leave or salary while awaiting the results of such examination unless the outcome of the examination by the school physician verifies that illness or injury exists.
(7) These rules and regulations shall not discriminate against evidence of treatment and the need therefore by the practice of the religion of any well recognized church or denomination and nothing in this section shall be deemed to modify or repeal any division of law set forth in California Health and Safety Code Article 3, Chapter 6, Division 3.
f. All accumulated unused sick leave earned under prior Agreements, or under past District policy, shall be retained by unit members. Future sick leave earned pursuant to Sections 220.127.116.11(a), 18.104.22.168(g), and 22.214.171.124(h) shall be utilized only in the program in which it is earned.
g. Sick leave shall be accumulative for summer school service at the same basic rate as it is accumulative for services during the fall and spring semesters of the school year:
Days of Summer School Services
Sick Leave Earned
20 (full-time service)
30 (full-time service)
20 (half-time service)
30 (half-time service)
h. Sick leave shall be accumulative for adult school services at the basic rate of one (1) hour of earned sick leave for each eighteen (18) hours of adult school services rendered. Absences from required adult school employment obligations due to illness or injury shall be deducted on an hourly basis. If an employee is absent for a four (4) hour period, four (4) hours of sick leave shall be deducted.
i. For absences due to personal illness or injury during the fall and spring semesters of the school year, and during summer school employment, sick leave shall be utilized as follows: Secondary
Length of Absence
Sick Leave Deduction
3 periods or fewer
More than 3 periods
Based on past practice, and dependent upon site and schedule, absences requiring a full day substitute shall have one (1) full day of sick leave deducted. Absences requiring a one-half (1/2) day substitute shall have one-half (1/2) day of sick leave deducted. A Half (1/2) day assignment at an Elementary school will be defined as 8:00 a.m. to 11:30 a.m. for the morning and 11:30 a.m. to 3:00 p.m. for afternoon. If a sub is required to stay for more than the three (3) and a half hours, then a full day of sick leave will be deducted.
Based on past practice, sick leave shall be deducted in one-half (1/2) hour increments for absences.
13.1.16 Catastrophic Sick Leave Bank Bargaining unit members may apply for and receive catastrophic sick leave pursuant to the following provisions:
126.96.36.199 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.
188.8.131.52 The time off work must create a financial hardship for the unit member because he or she has exhausted all personal sick leave, extended sick leave, industrial illness and accident leave and/or any other paid time.
184.108.40.206 The use of the catastrophic sick leave bank shall only be available to those bargaining unit members who have made a deposit of at least one (1) day to the bank.
220.127.116.11 Unit members whose absence is a result of a worker’s compensation injury/illness are ineligible for the benefits of this section.
18.104.22.168 A joint Association-District committee comprised of three (3) members appointed by the Association and two (2) members appointed by the District must 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 44043.5, and pertinent rules and regulations of the District.
22.214.171.124 Catastrophic sick leave credits may be used only for the remainder of the school year in which extended sick leave is exhausted, plus the remainder of the following year after extended sick leave has been exhausted in said year, but in no event longer than twelve (12) consecutive calendar months following the start of the leave.
126.96.36.199 Unit members may deposit sick leave in full day increments according to the following regulations:
(a) a unit member with an accumulated sick leave of between five (5) and 15 days may donate one (1) day.
(b) a unit member with an accumulated sick leave of between 16 and 25 days may donate up to two (2) days.
(c) a unit member with an accumulated sick leave of 26 days or more may donate up to 10% of his/her sick leave.
188.8.131.52 Deposits of sick leave into the catastrophic sick leave bank are irrevocable and such deposits shall be coordinated by the Joint Committee provided for in 184.108.40.206 above during the last two (2) weeks of October of each year. The Joint Committee may request deposits of sick leave into the catastrophic sick leave bank at other times during the year should the total number of sick days in the catastrophic sick leave bank fall below 50.
220.127.116.11 Unit members wishing to use this catastrophic sick leave bank must submit a letter to Personnel Services stating the nature of the catastrophic event and the number of days being requested. A copy of the attending physician’s certification of the incapacitating illness or injury must be attached.
18.104.22.168 Catastrophic sick leave shall begin upon the exhaustion of the statutory period of extended sick leave benefits, and shall continue the 50% salary payment and the District fringe benefit contribution that the unit member received during said period.
22.214.171.124 Any unit member who receives paid catastrophic sick leave shall first use any leave credits that he or she continues to accrue on a monthly basis prior to receiving paid catastrophic sick leave.
126.96.36.199 The receipt of a donated sick leave credit through catastrophic sick leave as defined herein, when combined with other District income, shall not provide the recipient with a greater monthly District income/fringe benefit contribution than he/she received immediately prior to the receipt of catastrophic sick leave.
188.8.131.52 If the Board of Education subsequently adopts a catastrophic sick leave policy for non-represented employees of the District, and if the terms and conditions of said policy are parallel to this section, unit members shall be allowed to donate to, or receive from, said non-represented employees the catastrophic leave credits described herein.
184.108.40.206 This catastrophic sick leave section shall not be subject to the provisions of Article 6: Grievance Procedure of this Agreement.
220.127.116.11 Upon request from the Association, the District shall in writing inform the Association of the number of days in the catastrophic sick leave bank.
13.1.17 Paid Parental (Child Bonding) Leave
18.104.22.168 Effective January 1, 2017, as provided by Education Code section 44977.5, unit members shall be entitled to parental leave as set forth in this section.
22.214.171.124 For the purposes of this section, “parental leave” means leave for the purpose of bonding with the unit member’s newborn child, or the placement of a child with a unit member in connection with the adoption or foster care of the child by the unit member. Parental leave does not include leave taken for the unit member’s disability due to pregnancy, childbirth, or related medical conditions.
126.96.36.199 Unit members shall use current and accumulated sick leave for parental leave, for up to twelve (12) workweeks.
188.8.131.52 When a unit member with at least one calendar year of District employment has exhausted all current and accumulated sick leave and continues to be absent on account of parental leave pursuant to the California Family Rights Act (CFRA: Government Code section 12945.2), he or she shall be entitled to fifty percent (50%) pay for any remaining portion of the 12-workweek period. Such 50% pay shall not count against the leave entitlement set forth in Section 184.108.40.206.d. In order to use 50% pay for the parental/child bonding leave, the unit member must be eligible for leave under the California Family Rights Act, except that he/she is not required to have worked 1,250 hours in the twelve (12) months immediately preceding the leave.
220.127.116.11 Except for extenuating circumstances, the unit member must give the District at least 10 workdays advance written notice of his or her intention to use parental leave and the anticipated dates of the leave.
18.104.22.168 Parental leave must be used within 12 months following the birth or placement of the child. Parental leave must be taken in increments of at least two weeks’ duration; however, the unit member may take parental leave in increments of less than 2 weeks on up to two occasions.
22.214.171.124 Parental leave under this section runs concurrently with parental (child bonding) leave under the California Family Rights Act (CFRA). The total amount of parental leave per member may not exceed 12 workweeks in any 12-month period.
13.2 General Provisions – Unpaid Leaves of Absence
13.2.1 This section contains the unpaid leaves available to members of the bargaining unit. Notwithstanding any other provision of this Agreement, the leave provisions referred to below shall be subject to the requirement that the request for leave must be submitted in writing to the Human Resources Department before February 1 of the school year prior to the school year for which leave is sought, unless leave is sought for the second semester only, in which case the request must be submitted by the prior October 15.
13.2.8 Child Care Leave
13.2.9 Fulbright Exchange Leave
13.2.10 General Purpose Leave
13.2.11 Health Leave
13.2.12 Home Responsibility Leave
13.2.13 Teaching in a Foreign Country Leave
13.2.14 Family Care and Medical Leave
The following requests for unpaid leaves, if made pursuant to the deadlines above, shall be granted in accordance with the provisions of each leave’s respective Article:
13.2.8 Child Care Leave
13.2.12 Home Responsibility Leave
13.2.14 Family Care and Medical Leave
13.2.2 The Superintendent or designee will consider and may grant late requests under unusual and/or extraordinary circumstances.
13.2.3 It is agreed and understood that unit members on non-paid leave status may continue to participate in any of the health and welfare benefit plans available to them through the District by making prompt payments for said benefits to the District for transmittal to the benefit carriers, but only to the extent that the benefit carriers for the District approve and permit such participation by non-paid leave status employees of this District.
13.2.4 Notwithstanding any other provision of this Agreement, the leave provisions referred to in Section 13.2.1 shall be subject to the requirement that an employee on leave shall notify the Superintendent or designee in writing of the employee’s intention to return to duty with the District not later than February 1 or October 15 prior to the beginning of the semester in which the employee intends to return to duty with the District. If a notice of intention to return is not received by February 1 or October 15, the District shall send a letter, by certified mail, requesting a written response from the employee. If the employee does not respond within thirty (30) calendar days following the mailing of the District’s certified letter, such lack of response shall be considered to be a voluntary resignation effective at the expiration of the leave.
13.2.5 Notwithstanding any other provisions of this Agreement, an employee granted leave under any of the following leave provisions listed in 13.2.3, if the length of the authorized leave is one semester or less, 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 authorized leave is in excess of one semester, the employee shall be entitled to return to an assignment comparable to the assignment held at the time such leave commenced. “Comparable” means a position that has the same or similar duties and pay which can be performed at the same educational level as the position held prior to the leave and subject to availability of the position. “Comparable” does not mean that the unit member will be assigned to exactly the same elementary grade level.
13.2.6 For the purposes of Section 13.2, the Children’s Center equivalent to one semester is the calculation of one half the days contracted with the State Department of Education, Child Development Division.
13.2.7 Business Leave
126.96.36.199 A unit member who requests business leave for a period exceeding one (1) hour, but not exceeding one-half (1/2) workday, may do so after receiving prior approval from the immediate supervisor. A request for personal business leave shall be submitted to the immediate supervisor in writing, and in advance of the time requested.
188.8.131.52 For business leaves exceeding one (1) hour, but not exceeding one-half (l/2) workday, a deduction of one half (1/2) day’s salary shall be made.
184.108.40.206 A unit member requesting one (1) or more full days of business leave shall submit such request in advance, in writing, to the Superintendent or designee.
220.127.116.11 For business leaves of one (1) or more full days, a full day’s salary deduction shall be made for each such workday.
13.2.8 Child Care Leave
18.104.22.168 Subject to submission of a valid request from the employee justifying official release by the Board of Education from concurrent employment responsibilities, The Board of Education shall grant a child care leave to a unit member who is a natural or adopting parent. The purpose of this leave is to prepare for the birth of a child or for infant care. The child care leave is limited to a period of three (3) consecutive years commencing with the birth or adoption of the first child qualifying the employee for the leave and two (2) consecutive years commencing with the birth or adoption of a subsequent child. Child care leave is limited to five years per employee.
22.214.171.124 After exhaustion of the child care leave, should unusual circumstances exist, the unit member may request consideration of another appropriate leave from the Superintendent or designee.
126.96.36.199 Such leave of absence shall be leave without pay.
13.2.9 Fulbright Exchange Teachers
188.8.131.52 A leave of absence as a Fulbright exchange teacher may be granted for a period of one (1) year in length to any teacher who has attained permanent status. The unit member may request one (1) additional year’s leave of absence from the Superintendent or designee.
184.108.40.206 As soon as the applicant has been notified of the action taken by the Board of Foreign Scholarships, the applicant shall notify the Office of the Superintendent or designee in writing. If the application for exchange teaching has been accepted, a letter to the Superintendent or designee shall state the type of position and the name of the country in which the applicant will teach.
220.127.116.11 The exchange, either an interway exchange or a one way exchange shall be made in accordance with the provisions of the Fulbright Act.
18.104.22.168 If the interchange position is in a country in which the provisions of the Fulbright Act provide for payment of the salary by the local district, the teacher shall receive the same salary that would have been received when not on leave.
22.214.171.124 Progress on the salary schedule shall not be interrupted for time spent on leave as a Fulbright exchange teacher.
126.96.36.199 To be eligible for consideration of additional unpaid leaves beyond this, the unit member must return to service in the District for one (1) full contract year.
13.2.10 General Purpose Leave
188.8.131.52 A leave of absence may be granted to permanent employees for one (1) semester or one (1) year for reasons other than those stated elsewhere in Article 13.
184.108.40.206 At the sole discretion of the District such leave may be extended.
220.127.116.11 To be eligible for consideration of additional unpaid leaves beyond this, the unit member must return to service in the District for one (1) full contract year.
18.104.22.168 A general purpose leave shall constitute an interruption in service. The year spent in general purpose leave status shall not be credited towards salary advancement, longevity, nor vacation.
22.214.171.124 There shall be no financial reimbursement of the employee by the District for any purpose during the period of a general purpose leave. This does not preclude the individual’s returning to work as a day-to-day or long-term substitute.
13.2.11 Health Leave
126.96.36.199 A health leave without pay may be granted for an unlimited period in instances where an employee is physically unable to work. A substantiating statement from a licensed physician must accompany the request. When reasonably deemed necessary, the District may require verification of the extent of illness by means of a physical examination of the employee by a physician who is a specialist in the particular field of medicine appointed by and paid by the District. If opinions differ, the employee may obtain a third opinion to be paid for by the employee.
188.8.131.52 This regulation, which requires and prescribes the manner of proof of illness or injury, shall not discriminate against evidence of treatment and the need, therefore, by the practice of the religion of any well-recognized church or denomination.
184.108.40.206 When an employee seeks to return to work or is scheduled to return to work, the District may require that the employee submit to a physical examination conducted by a physician chosen and paid for by the District. If the physician finds that the employee is not able to perform all assigned duties, the District may delay the employee’s return to paid status.
220.127.116.11 Such leave of absence shall be leave without pay.
13.2.12 Home Responsibility Leave
18.104.22.168 All bargaining unit members, except temporary and long-term substitute employees, shall be entitled to a home responsibility leave in accordance with the following provisions:
a. A home responsibility leave of absence shall be limited to two (2) years for an employee to attend to circumstances arising from the prolonged illness of a family member(s) or for other reasons requiring the presence of the employee at home and justifying official release by the Board of Education from concurrent employment responsibilities.
b. A home responsibility leave for the purpose of child care shall not be used to extend a child care leave taken pursuant to section 13.2.8.
c. At the sole discretion of the District such leave may be extended.
d. Such leave of absence shall be a leave without pay.
13.2.13 Teaching in a Foreign Country
22.214.171.124 An unpaid leave of absence for teaching in a foreign country may be granted for one (l) year to any teacher who has attained permanent status. The unit member may request one (l) additional year’s leave of absence from the Superintendent or designee.
126.96.36.199 To be eligible for consideration of additional unpaid leaves beyond this, the unit member must return to service in the District for one full contract year.
188.8.131.52 Progress on the salary schedule shall not be interrupted for authorized time spent on this leave.
184.108.40.206 Prior to accepting the position, a request for approval must have been submitted to and approved by the Board of Education. Such request shall state the type of position and length of service for which the teacher will be employed. It should be accompanied by a letter from the principal or official in charge, stating that the teacher has been offered a position.
13.2.14 Family Care and Medical Leave
220.127.116.11 It is the intent of this provision to be consistent with federal Family and Medical Leave Act (FMLA; 29 U.S.C. § 2601, et seq.) and the California Family Rights Act (CFRA); Government Code section 12945.2), and it shall be interpreted so that there will be no violation of those laws.
18.104.22.168 An eligible unit member shall be entitled to twelve (12) work weeks of unpaid leave in a fiscal year (July 1 through June 30, inclusive) for a qualifying reason. Where the leave is to care for an injured servicemember, the employee is entitled to twenty-six (26) workweeks in a twelve (12) month period commencing on the first date of absence for that reason.
22.214.171.124 A unit member is eligible for leave under this Section if he or she has been employed by the District for at least twelve (12) months, which need not be consecutive, and have actually worked at least 1,250 hours in the twelve (12) months immediately prior to commencement of the leave. A full-time teacher is presumed to work 1,250 hours.
126.96.36.199 Leave may be taken under this section for the following qualifying reasons:
a. For the birth and care of a child of the employee, or for the placement and care of a child with an employee in connection with the adoption of the child or foster care of the child by the employee, within twelve (12) months of the birth or placement;
b. To care for the employee’s parent, spouse, registered domestic partner (CFRA leave only), or child with a serious health condition;
c. For the employee’s own serious health condition;
d. To care for a parent, spouse, child or next of kin who is a covered servicemember or veteran suffering from a serious injury or illness sustained in the line of duty on active duty (FMLA and possibly CFRA; or
e. For a qualifying exigency arising out of the fact that a parent, spouse, or child is a covered servicemember on covered active duty or has been notified of an impending call or order to covered active military duty (FMLA only).
188.8.131.52 While on a family care and medical leave, an employee shall be entitled to continue health and welfare benefits under the same terms and conditions as if he or she was working. 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.
184.108.40.206 If an employee’s need for an unpaid family care and medical leave is foreseeable, the employee shall provide the District with at least thirty (30) calendar days 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.
220.127.116.11 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, registered domestic partner, or parent who has a serious health condition or for 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, registered domestic partner, 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.
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.
18.104.22.168 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.
22.214.171.124 As a condition of an employee’s return from leave taken because of the employee’s own serious health condition, the employee shall obtain certification from his or her health care provider that the employee is able to resume work.
126.96.36.199 For purposes of this provision and consistent with current law, the term “child” means a biological, adopted, or foster child, a step-child, a legal ward, or a child of an employee standing in loco parentis who is either under eighteen years of age or an adult dependent child. For the military caregiver and qualifying exigency reasons only, the child may be an adult and need not be dependent. For purposes of this provision and consistent with current law, “covered servicemember” or “veteran” shall be as defined in the FMLA.
For purposes of this provision and consistent with current law, “next of kin” shall be as defined in the FMLA.
For purposes of this provision and consistent with current law, the term “parent” means biological, foster, or adoptive parent, a stepparent or a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child.
For purposes of this provision and consistent with current law, the term “qualifying exigency” shall be as defined in the FMLA.
For purposes of this provision and consistent with current law, the term “registered domestic partner” shall be as defined in California Family Code section 297.
For purposes of this provision and consistent with current law, the term “serious health condition” means an illness, injury, impairment, or physical or mental condition which involves either of the following:
(a) Inpatient care in a hospital, hospice, or residential health care facility; or
(b) Continuing treatment or continuing supervision by a health care provider. For purposes of this provision and consistent with current law, the term “health care provider” means an individual holding either a physician’s and surgeon’s certificate issued pursuant to applicable law, or an osteopathic physician’s and surgeon’s certificate issued pursuant to applicable law.
188.8.131.52 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.
184.108.40.206 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 8. 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.
220.127.116.11 Upon the termination of the leave, an employee shall have a right to reinstatement in the same or comparable position s/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.
13.2.14. 14 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.
14.1.2 Transfer: A relocation of a probationary or permanent unit member from one work location to another work location.
18.104.22.168 Voluntary transfers are initiated at the request of a unit member.
22.214.171.124 Involuntary transfers are initiated by the District.
14.1.3 Reassignment: A relocation of a probationary or permanent unit member within the same school including: (a) a change in classroom location; (b) at the elementary level, any change in grade assignment; or (c) at the secondary level, a change that requires one or more periods in an assignment not included in the previous semester’s assignment.
126.96.36.199 Voluntary reassignments are initiated at the request of a unit member to meet a District need.
188.8.131.52 Involuntary reassignments are initiated by the District.
14.1.4 Seniority: Length of District service as determined by the date and time that a unit member signs the District’s offer of employment. Seniority for Children’s Center unit members shall be determined on a case by case basis among the District, the Association, and the affected employees.
14.1.5 Exchange Days: Instruction free hours or days during the school year which may be exchanged for an equivalent number of hours or days worked outside the school year for the purpose of classroom location changes.
184.108.40.206 Unit members eligible for exchange days shall make an irrevocable selection from among the following options for each exchange day:
a) Credit exchange days toward accrued sick leave. These additional sick leave days shall be treated as all other sick leave days, including availability to be used as personal necessity leave.
b) Receive pay at the “other hourly” rate of pay as per Exhibit F.
c) Schedule the exchange day(s) anytime during the school year the day was earned or the next school year. In order to minimize the impact on their fellow teachers, bargaining unit members are encouraged to schedule exchange days only on Tuesdays, Wednesdays, and Thursdays, and are encouraged to schedule no more than five (5) consecutive exchange days at any one time.
220.127.116.11 The selection by the bargaining unit member shall be made within 30 work days of earning the exchange days.
18.104.22.168 In anticipation of exchange days to be earned, a bargaining unit member shall have the right to use in advance no more exchange days than will be earned for one (1) reassignment or transfer.
14.2.1 Notice of vacancies for the ensuing school year shall be posted as they occur during the spring semester and summer recess at the District office, at each open
school site, and mailed to the Burbank Teachers Association office and unit members who have an applicable transfer request on file.
14.2.2 Notice of vacancies shall contain the following information: name and/or description of position, duration, location, credential, major and/or minor required, and other special requirements or special considerations. The closing date shall not be less than five (5) workdays following the posting.
14.2.3 Vacancies occurring during the school year shall be filled by considering all transfer requests and applications on file or with a long-term substitute. In the event the District fills the position with a long-term substitute, it shall post the vacancy for outside applicants or consider transfer requests not previously on file.
14.2.4 An interview committee from the prospective work location, or its designee(s), will interview those unit members and outside applicants requesting to fill a vacancy. Subject to availability, such interview committee shall include unit member(s) from the site in appropriate subject matter or grade level. The selection of unit members for the interview team shall be made by the principal or designee on a fair and equitable basis.
22.214.171.124 Unit members who have a transfer request on file, and who have an appropriate credential or qualifications to obtain the appropriate credential, shall have the right to be interviewed in accordance with Article 14.2.4. Unit members who have interviewed at a specific site within the last nine (9) months shall be interviewed at that site at the discretion of the site principal.
14.3.1 Voluntary Transfers
126.96.36.199 Permanent and probationary employees who desire a transfer shall file a “Request for Transfer Form” with the Personnel Department. Unit members requesting transfers shall be considered for vacancies as positions are declared open.
188.8.131.52 All transfer requests shall remain on file for consideration until October 31 of each year.
184.108.40.206 The filing of a request for transfer is without prejudice and shall not jeopardize the unit member’s present assignment.
220.127.116.11 A unit member’s acceptance of a voluntary transfer is final and the unit member shall not be eligible for another voluntary transfer for the remainder of that school year.
18.104.22.168 The criteria for selecting unit members for transfers are credential(s) held, major/minor field of study, teaching experience, interview, professional improvement/renewal, prior evaluations, co/extra curricular assignments, and special requirements of the vacancy. Where the necessary qualifications of the applicants involved are relatively equal, seniority shall be the determining factor.
22.214.171.124 A transfer cannot be denied for arbitrary and/or capricious reasons. The unit member, upon request, shall be provided with the specific reasons in writing for the denial.
126.96.36.199 For transfers which occur during the school year, unit members shall receive no fewer than two (2) instruction free days prior to beginning the new assignment.
188.8.131.52 For transfers which occur prior to the beginning of the new school year, unit members are eligible to receive two (2) exchange days.
184.108.40.206 The District shall offer to assist the unit member in moving equipment and/or materials.
14.3.2 Involuntary Transfers
220.127.116.11 The District shall not involuntarily transfer a unit member for arbitrary and/or capricious reasons.
18.104.22.168 When a reduction in the number of employees at a school site is necessary, volunteers shall first be given an opportunity to be considered for transfer to known vacant positions under the following provisions:
a) If two or more unit members volunteer to transfer, the criteria for selecting the transferee are credential(s) held, major/minor field of study, teaching experience, professional improvement/renewal, prior evaluations, co/extra curricular assignments, and special requirements of the vacancy.
Where the necessary qualifications of the applicants involved are relatively equal, seniority shall be the determining factor.
1. When seniority is the determining factor between two or more volunteers, the principal shall meet with the person(s) (individually) with the most seniority and give them the option of transferring.
b) If no volunteers are forthcoming, the unit member with the least seniority, based upon program needs and credentials, shall be involuntarily transferred.
22.214.171.124.1 A unit member involuntarily transferred as a result of staff reductions shall have the right to return to his/her initial school site if: 1) during that school year or by the end of the second week of the next school year a vacancy occurs at that site; and 2) the vacant position is one for which the unit member is qualified by way of credential.
126.96.36.199.2 No unit member shall be involuntarily transferred, due to enrollment changes more than once within two consecutive school years.
188.8.131.52 The principal shall confer with the unit member well in advance (thirty (30) work days when possible) of the time a transfer is recommended. Reasons for the impending transfer shall be provided, in writing, to the unit member.
184.108.40.206 If selected for an involuntary transfer for the next school year, the unit member shall be given the opportunity to indicate a preference in placement where a vacancy exists. The unit member is permitted to decline an assignment, and defer being assigned to another school, in order to seek other positions which may open up during the summer. Any assignment so declined may not be reserved for the unit member, and, if the unit member has not accepted a position by August 15, he or she shall be subject to assignment at the discretion of the District. Once the assignment is made, the unit member shall not be eligible to request a change in that assignment for the remainder of the school year.
220.127.116.11 During the first semester of an involuntary transfer at the secondary level, the District will attempt to avoid assigning the teacher to a position which involves more than three (3) different preparations.
18.104.22.168 Unit members who are involuntarily transferred during the school year shall have no fewer than two (2) instruction free days prior to beginning the new assignment.
22.214.171.124 Unit members involuntarily transferred prior to the beginning of the new school year are eligible to receive two (2) exchange days.
126.96.36.199 The District shall offer to assist the unit member in moving equipment and/or materials.
188.8.131.52 If the unit member and the District agree it is necessary, the District will provide in-service training prior to or following the teacher’s transfer. If a college or university course is deemed by the unit member and the District to be helpful in the new position, the tuition will be paid by the District.
184.108.40.206 A unit member being involuntarily transferred shall be given priority in placement over any voluntary transfer requests and outside applicants provided the unit member holds the appropriate credential.
14.4.1 Voluntary Reassignments
220.127.116.11 Unit members shall have the opportunity to apply for reassignment for the next semester or school year. Requests for reassignment shall be honored, when the proposed change offers advantages to the students, the school, and the unit members concerned. On site unit members shall be given first consideration for filling teaching vacancies in accordance with criteria established in 18.104.22.168.
22.214.171.124 For reassignments which occur during the school year, the District shall provide whatever released time (if any) is considered reasonable and necessary for the purpose of preparation. In no case shall such released time, which involves a classroom location change, be less than two (2) school days.
126.96.36.199 Unit members reassigned to a different classroom location prior to the beginning of the new school year are eligible to receive two (2) exchange days.
188.8.131.52 A reassignment request cannot be denied for arbitrary and/or capricious reasons.
184.108.40.206 The District shall offer to assist the unit member in moving equipment and/or materials.
14.4.2 Involuntary Reassignments
220.127.116.11 The District shall not involuntarily reassign a unit member for arbitrary and/or capricious reasons.
18.104.22.168 The District may seek volunteers from within the site prior to making an involuntary reassignment. If two or more unit members volunteer to be reassigned, refer to selection criteria established in
22.214.171.124 (a). If possible, no unit member shall be involuntarily reassigned, due to enrollment changes, more than once within two consecutive school years.
126.96.36.199 A conference shall be held with the unit member outlining the specific reasons for the reassignment and, upon request, rationale in writing shall be provided the unit member.
188.8.131.52 For involuntary reassignments which occur during the school year, the District shall provide whatever released time (if any) is considered reasonable and necessary for the purpose of preparation.
In no case shall such released time, which involves a classroom location change, be less than two school days.
184.108.40.206 Unit members involuntarily reassigned to a different classroom location prior to the beginning of the new school year are eligible to receive:
a) At the elementary level: two (2) exchange days. However, if a classroom location change is a result of construction, unit members are eligible to receive three (3) exchange days.
b) At the secondary level: two (2) exchange days. However, if a classroom location change is a result of construction, and a unit member is full time in one classroom, the unit member is eligible to receive three (3) exchange days.
220.127.116.11 The District shall offer to assist the unit member in moving equipment and/or materials
15.1 It is recognized, understood and agreed by the parties to this Agreement that an employee, to the extent permitted by Education Code Section 44807 may, use reasonable force in the performance of his or her duties for self-protection or protection of students or other employees. An employee also may take reasonable action for protection of the District, student or employee property to the extent permitted by Education Code Section 44807. It is further recognized, understood and agreed that under all such circumstances, an employee must exercise mature judgment and must act and react in a reasonable and prudent manner. Ed Codes 49079, 48904 and 48905 will be followed in regards to safety.
15.2 Employees shall immediately report cases of assault suffered by them in connection with the performance of their duties to their immediate supervisor, who shall thereupon immediately report the incident to the Police, and then to the Superintendent.
15.3 The Superintendent shall comply with any reasonable request from the employee who suffered from the assault for information in the possession of the Superintendent relating to the assault or persons involved.
15.4 Employees shall report promptly to their immediate supervisor all conditions considered to be hazardous to the health and/or safety of pupils and/or employees.
15.5 The District shall take immediate steps to investigate any alleged hazardous conditions. Upon verification by a qualified person that a hazardous condition exists, the District shall take action to alleviate such hazardous condition(s) and, provide a general information to the staff and the Association in a timely manner.
15.6 A teacher may suspend any pupil from the teacher’s class, for good cause, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal or designee and send the pupil to the principal or designee for appropriate actions. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. 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.
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 provision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended.
The District shall make available in all schools a District form to be used by a teacher in the event the teacher suspends a pupil from his or her class in accordance with this provision.
15.7 It is recognized, understood and agreed that the District and teachers share a joint responsibility for encouraging and supporting the resolution of pupil discipline problems. The District from time to time shall publish guidelines and copies of various laws concerning student discipline, and make them available to teachers.
15.8 Employees shall comply with the District’s reasonable rules, regulations and directives designed to provide a safe and healthy work place.
15.9 Employee Identification and Visitors on Campus
15.9.1 The District shall annually provide an employee identification badge to each employee to be worn at all times when on District property or at District or school activities. One (1) replacement badge shall be provided annually upon the request of the employee. An additional replacement badge shall be provided if the District determines that the loss or damage was not a result of employee negligence. However, badges lost or damaged as a result of negligence will be supplied for a $5.00 replacement charge.
15.9.2 A teacher shall have the right to refuse entry into the classroom by any person, until such individual(s) have obtained and presented an appropriate visitation permit from the school office or proper employee identification. Employees shall report all suspected trespassers as soon as possible to the principal. The District shall post an appropriate notice at the main entrance to each school site indicating that visitors must obtain permits.
15.10 The District, in accordance and consistent with the following provisions, shall reimburse employees for any verified loss, damage or destruction of personal property suffered while performing services to the District or while such personal property is on District premises. Reimbursement shall be conditioned upon the absence of negligence by the employee. The value of any item lost, damaged or destroyed without fault of the employee shall be determined as of the time of the verified loss, damage or destruction and shall include normal allowance for depreciation.
15.10.1 Such reimbursement to employees shall be made only if the value is more than $25.00. The maximum reimbursement for any one incident shall be $700.00, except in the case of vehicles where maximum reimbursement shall be $1,250, or the vehicle insurance deductible, whichever is less. The total reimbursement for all loss, damage or destruction of personal property for all employees and/or all incidents under these provisions shall not exceed $7,500.00 in any fiscal year and supported by a copy of the final receipt.
15.10.2 Reimbursement is provided only when approval for the use of the personal property in the schools was given before the personal property was brought on District premises or before use while performing services for the District. All such prior approval shall be in writing on a District-approved form. Exceptions to such prior approval shall be eyeglasses, hearing aids, dentures, watches, or articles of clothing necessarily worn or carried by the employee, or vehicles.
15.10.3 Claimants shall file a claim, on a District-approved form, within fifteen (15) working days of the incident with Fiscal Services. Fiscal Services shall conduct such investigation as may be necessary. The burden of proof in all cases is with the employee seeking reimbursement.
15.10.4 Where reimbursement involves a vehicle, an affidavit shall be submitted to Fiscal Services by the employee, attesting to the fact that the loss, damage or destruction occurred while the employee was performing services for the District or such vehicle was on District premises. If there is damage or destruction of a vehicle, two (2) written estimates from licensed repair facilities of repair cost shall be provided to Fiscal Services. If the damage or destruction is $1,250 or less, the District payment shall be limited to the amount of the lowest estimate and supported by a copy of the final receipt.
15.10.5 If the employee receives any payment from an insurance carrier for which the District gave reimbursement, the employee shall repay the District if such payment from an insurance carrier covers the same loss, damage or destruction covered by the District. The District shall, in addition, have all rights of subrogation; and the employee shall execute all assignments and other documents, and cooperate and perform all other acts as required by the District in pursuing such rights of subrogation.
15.11 The District agrees to establish an ongoing safety committee which shall meet twice annually. The safety committee shall include four (4) representatives appointed by the Association and four (4) representatives appointed by the Superintendent or designee. The function of this committee shall be to monitor and review District safety issues and the committee shall act in an advisory capacity to the District.
15.12 Appropriate operations and maintenance personnel shall inspect suspected asbestos-containing material for damage or deterioration annually. Should friable asbestos be found, the District shall follow Federal Environmental Protection Agency (EPA) guidelines in reporting the findings to required groups. The friable asbestos shall be abated following EPA Guidelines.
16.1 The Professional Advancement Committee has as its principal responsibility the consideration of matters affecting desirable professional standards in the teaching force in the Burbank schools, providing encouragement and recognition of professional growth. The recommendations of this committee shall be forwarded to the Superintendent or designee for consideration. Recommendations of the committee shall be subject to the approval of the Board of Education when required or requested by the Superintendent.
16.2 Specifically, responsibilities of the committee are:
16.2.1The evaluation of college and university work applicable for salary advancement.
16.2.2 The review of and recommendations for applications for sabbatical leave and the submission of recommendations to the Superintendent regarding such applications.
16.2.3 The evaluation of proposed changes in the policies, rules and regulations implementing the certificated salary schedule.
16.2.4 To encourage appropriate in-service training programs to foster professional growth in all areas of education.
16.2.5 To meet from time to time and advise with the Superintendent or designee regarding all matters within its province. The Superintendent or designee will look to the committee for advice and recommendations, and a major function of the committee shall be to continually confer with, inform, and advise the Superintendent or designee regarding all matters within the committee’s province, the attitude and reactions of teachers to requirements for professional advancement and the concerns of teachers and certificated personnel relating to matters affecting professional standards in the teaching force of the Burbank schools.
16.3 The membership of the Professional Advancement Committee shall consist of six voting members serving three-year terms, and shall be comprised of two elementary teachers, two secondary teachers and two administrators; one of whom shall be a building-level administrator. In October of each succeeding school year, two retiring committee members shall be replaced.
Effective July 1, 2001, the Association shall appoint the bargaining unit members of the Committee.
16.4 The Superintendent shall attend all committee meetings, or be represented by a delegated representative.
16.5 The Professional Advancement Committee shall annually elect a chairperson from among its voting members.
16.6 The committee shall meet at least five (5) times during each school year, and shall meet more often upon the call of the committee chairman, or a majority of its members, or the Superintendent or designee. At least three (3) members of the committee must be present to constitute a quorum and the number of teachers present must exceed the number of administrators present by at least one (1). Minutes shall be kept to provide a permanent record and these minutes shall be made available upon request of the certificated personnel of the District. A technician from the Department of Personnel Services shall be assigned to assist the committee and shall supervise the employee records which shall be kept in the Personnel Department.
16.7 In the event that there is any conflict between the recommendations of the Professional Advancement Committee and the rights and benefits of unit members as set forth elsewhere in the Agreement, the provisions of the Agreement shall prevail.
16.8 Appeal Process
16.8.1An applicant may appeal the decision of the Professional Advancement Committee relative to Articles 16.2.1 or 16.2.2 of this agreement. A written request for appeal must be made by the applicant to the Committee within ten (10) days after receipt of the Committee’s decision.
16.8.2 An appeal of the decision of the Professional Advancement Committee must be made by addressing the Committee in person at the next regularly scheduled meeting of the Committee in an attempt to resolve the disagreement. The Committee shall, within ten (10) days of the meeting, render a decision. A copy of the decision shall be sent to the applicant.
16.8.3 The decision of the Committee shall be the final determination.
17.1 Materials in the personnel files of employees which may serve as a basis for affecting their employment status are to be made available for inspection by the employee involved.
17.1.2 Personnel information stored on computers shall be kept secure and not disclosed to outside parties unless otherwise required by law.
17.2 The materials referred to in the foregoing statement (17.1, above) are not to include ratings, reports or records which were obtained from employment outside the District.
17.3 Every employee shall have the right to inspect such materials upon request (excluding those materials excluded by the provisions contained in 17.2, above), provided that the inspection does not occur during work hours.
17.4 Information of a derogatory nature (except materials mentioned in 17.2, above) shall not be placed in an employee’s personnel file unless and until the employee has been given ten (10) days prior written notification and an opportunity to review and comment thereon. Any employee shall have the right to enter, and have attached to any such derogatory statement, the employee’s own comments thereon, but such review shall take place during normal business hours, and the employee shall be released from duty for this purpose without salary deduction. (Education Code section 44031)
17.5 The Administrator or other authorized employee responsible for placing materials in the personnel file shall sign and date said materials.
17.6 No documents, communications, or records shall be placed in an employee’s personnel file if it is agreed by both the District and the Association that the information is false.
18.1 Examinations for tuberculosis will be required every four (4) years for members of the bargaining unit.
18.2 The District shall cover the cost of the Mantoux or comparable test. However, if the unit member’s physician determines that such tests are inappropriate, the District will cover the cost of an X-ray or comparable test to the extent that the cost of such alternative tests are not covered by the employee’s health and welfare benefits.
19.1 Unit members who are authorized by the District to use their personal automobiles in the performance of their duties, and unit members who are assigned by the District to travel regularly between schools or other work locations, shall be reimbursed at the rate established by the Internal Revenue Service (IRS) for all trips made between work locations after arrival at the first location at the beginning of the work day. If the maximum IRS rate is adjusted upward during the term of this Agreement, such new rate shall become effective annually on January 1st following the final determination by the IRS.
19.2 Unit members who are authorized by the District to use their personal automobiles for field trips, or to conduct other business or perform other duties for the District involving the use of personal automobiles, shall receive the mileage reimbursement as provided above.
19.3 Although nurses may be asked to transport students, nurses shall not be required to do so as a condition of their employment.
20.1 Preretirement Option for Certificated Employees
Certificated employees in the Burbank Unified School District, K12, may apply for part-time employment based on Sections 44922 and 22724 of the Education Code in accordance with the following provisions:
20.1.1The employee must attain age 55 before being eligible to participate in the plan.
20.1.2 The employee must have been employed as a full-time certificated employee for at least ten (10) years, of which the immediately preceding five (5) years were in full-time employment, all in the Burbank Unified School District.
20.1.3 The preretirement option must be exercised at the request of the employee and can be revoked only with the mutual consent of the employer and the employee, except that if the employer approves entry into this plan, the initial first-year contract for participation in the plan shall provide that the employee has the option of returning to full-time service in the District at the conclusion of the first year of this program.
20.1.4 Employees exercising this option shall be subject to all pertinent rules and regulations of the Board of Education and provisions of the Education Code applicable to certificated employees.
20.1.5 The employee shall be paid a salary which is the pro rata share of the salary that would have been earned had the employee not elected to exercise the preretirement option of part-time employment but shall retain all other rights and benefits for which the employee makes the payments that would be required if the employee remained in full-time employment.
20.1.6 The District and the employee shall make contributions to the State Teachers’ Retirement system equal to the amount required of a full-time certificated employee.
20.1.7 For each certificated employee participating in this plan, the amount of sick leave earned will be directly proportionate to the percent of full-time employment. (Example: Fifty percent (50%) of ten (10) days or five (5) days of full-time sick leave; or ten (10) days of fifty percent (50%) sick leave.)
20.1.8 The employee shall receive health and welfare benefits in the same manner as a full-time employee.
20.1.9 The minimum part-time employment under this preretirement option shall be the equivalent of one-half (1/2) the number of days of service required by the employee’s contract of employment during the final year of service in a full-time position. An employee participating in this plan may apply for:
18.104.22.168A full-day assignment for one-half (1/2) of the number of workdays required in the employee’s contract year and no assignment for the other one-half (1/2) of the number of workdays required in the employee’s contract year.
22.214.171.124 A fifty percent (50%) assignment for each semester is defined as teaching three (3) full periods per day, not including a conference period for grades 712; and for grades K-6, one half of the hours of service in a work day required in the Agreement including one-half of the duty-free lunch period allowed in the Agreement.
20.1.10 This option is limited to certificated employees from grades K12.
20.1.11An employee may not participate in this plan beyond age seventy (70), nor for more than five (5) years, whichever comes first. Application for part-time employment under this plan is deemed to be a declaration of the employee’s intention to retire at the expiration of the employee’s employment under this plan.
20.1.12 Applications to enter this Preretirement Option shall be made by letter to the Department Office of Personnel Services by April 15. Exceptions to this deadline date may be made at the discretion of the Superintendent or designee.
20.2 Early Retirement Program
The Early Retirement Program is an optional program whereby certificated employees may retire from the District and enter into a contract with the District for certain special assignments. Participation in the program shall be at the initiation of the employee.
20.2.2 Eligibility Requirements
To be eligible to apply for this program, employees must meet the following requirements:
126.96.36.199Be between the ages of 55 and 60, be retired before the age of 61, and have rendered service for the Burbank Unified School District for a minimum of fifteen (15) years.
188.8.131.52 Must be eligible for STRS retirement and drawing STRS benefits at the time of employment in this program.
184.108.40.206 Have been a full-time employee of the District throughout the immediate preceding five (5) years.
220.127.116.11 Have filed a letter of application with Personnel Services on or before April 15 for the following school year.
20.2.3 Terms and Conditions
18.104.22.168 Participation shall be for a maximum of five (5) consecutive years or to age 65, whichever occurs earlier.
22.214.171.124The employee may elect to discontinue service under this program at the end of the year, but then may not reenter the program. Additionally, the District may terminate this contract if there is a failure for the participant(s) to meet District obligations or performance standards.
126.96.36.199 The services required shall be for a total of twenty (20) days per year in special assignments which meet the District’s needs.
188.8.131.52 The compensation for participants shall be at the rate of $200 per day.
184.108.40.206 The District shall provide health coverage for the early retiree consistent with the provisions for retirees as per Article 8: Health and Welfare Benefits.
220.127.116.11 Participants shall be employees of the District and subject to appropriate state and federal taxes.
18.104.22.168 The early retiree’s special assignment(s) shall be determined by the District on an annual basis, based upon District needs, and after consideration of the retiree’s assignment preferences. Examples of such special assignments shall include, but are not limited to: tutoring, grant writing, staff development, counseling, community school projects, conducting research projects, curriculum development and assistance to administrators.
22.214.171.124Whenever possible, the particular work days shall be mutually agreed upon in advance of a school year by the parties, subject to possible later changes, again by mutual agreement.
21.1 This Article was entered into pursuant to Government Code Section 3543.2(b). This Article does not include the termination of any permanent teacher and does not include the implementation of Education Code Sections 44939, 44940, 44941 and 44942 and any amendments to those Sections or successor laws to those Sections.
21.2 An employee in the bargaining unit may be disciplined by the District for just cause. For purposes of this Article, the term “discipline” shall be limited to an involuntary transfer for disciplinary reasons or suspension without pay for up to and including five (5) days and loss of extra compensation. The provisions of this Article shall not apply to involuntary transfers that result from the implementation of Article 12 (Evaluation Procedures) and Exhibit L (The Certificated Evaluation Process for Teachers) of this Agreement. The discipline imposed shall be reasonably related to the seriousness of the misconduct or shall be reasonable in light of the number and frequency of prior incidents of misconduct by the employee.
21.2.1 The following progressive discipline steps shall normally be utilized. However, the process may be initiated at any level if, in the opinion of the supervisor, such action is warranted based on the seriousness of the employee’s misconduct.
126.96.36.199 Verbal warning with option to follow up with a conference summary (may be included in Personnel file);
188.8.131.52 Letter of warning (may be included in Personnel file);
184.108.40.206 Letter of reprimand (for Personnel file).
21.3 Prior to the taking of discipline, the Superintendent or designee shall give written notice to the employee. This written notice of proposed disciplinary action shall be served by mail or personal delivery to the employee at least ten (10) work days prior to the date when discipline may be imposed. In cases of serious misconduct where it is deemed appropriate to remove the employee immediately, the employee may continue to be paid the regular salary during the period of suspension if the employee furnishes to the District a suitable bond, or other security acceptable to the District, as a guarantee that the employee will repay to the District the amount of salary paid to the employee during the period of suspension in the event that this discipline is upheld pursuant to the provisions of this Article. The term serious misconduct does not include the use of reasonable physical force by a teacher against a student in self-defense, or reasonable physical force by a teacher against a student in a reasonable attempt to restrain or direct such student. The term serious misconduct does include the use of unreasonable physical force by a teacher against a student. Loss of compensation in all cases may occur after the tenth (10th) work day following the date written notice was served.
21.4 Upon written request from the employee within five (5) work days of service of the written notice herein, the Superintendent or designee shall not implement the discipline in Provision 21.2 until the final decision is rendered by an arbitrator except in cases of serious misconduct. If the District does not prevail, District will pay all arbitrator fees. If the District prevails, the District and BTA will share arbitrator fees. In cases of serious misconduct, the Superintendent or designee, at the discretion of the Superintendent or designee, may or may not implement discipline in provision 21.2; and any implementation or lack of implementation shall not prejudice or adversely affect any issue as to whether or not a proposed discipline involved serious misconduct.
21.5 The written notice of proposed disciplinary action shall be served by personal delivery or by certified mail. Service by certified mail shall be deemed completed on the date of mailing. The contents of the written notice shall include at least the following:
21.5.1 A statement identifying the District.
21.5.2 A statement in ordinary and concise language of the specific act(s) and omission(s) upon which the proposed disciplinary action is based.
21.5.3 The specific disciplinary action proposed and effective date(s).
21.5.4 The cause(s) or reason(s) for the specific disciplinary action proposed.
21.5.5 A copy of the applicable regulation(s) where it is claimed a violation of regulation(s) took place.
21.5.6 A statement that the employee has the right to respond to the matters raised in the written notice both orally and in writing, including the submission of affidavits, prior to the end of the ten (10) work days following the date the written notice was served. Nothing contained herein shall prohibit the introduction of evidence at any hearing which may be requested pursuant to this Article.
21.5.7 A statement that the employee, upon request, is entitled to appear personally before the Superintendent or designee regarding the matters raised in the written notice prior to the end of the ten (10) work days following the date the written notice was served. At such meeting, the employee shall be granted a reasonable opportunity to make any representations the employee believes are relevant to the case.
21.5.8 A statement that any disputes arising out of this Article may be submitted to final and binding arbitration as provided in Article 6 (Grievance Procedure) of this Agreement and initiated at Step 3 of the grievance process. All proposed actions against an employee shall be stayed until the arbitrator’s decision is rendered, except in cases of serious misconduct or in instances of when the possible consequences of potential repetition requires immediate action, in which case the stated discipline may be imposed pending the outcome of the arbitration.
21.6 With respect to probationary employees whose probationary period commenced during the 1983-84 fiscal year or any fiscal year thereafter, the following provisions shall apply:
21.6.1 The parties acknowledge that such probationary employees may be dismissed or suspended without pay for a specified period of time in excess of fifteen (15) work days under Education Code Section 44948.3. Nothing in this Article shall be construed to limit such right to dismiss or suspend. Among the reasons that may be deemed sufficient by the District to dismiss or suspend without pay such probationary employees are:
220.127.116.11 Unsatisfactory performance determined pursuant to the Stull Act (Education Code Sections 44660, et seq.);
18.104.22.168 Cause, as defined in Education Code Section 44932.
21.6.2 The District Superintendent or designee shall give thirty (30) days prior written notice of dismissal not later than March 15 in the case of second-year probationary employees. Notice of suspension without pay shall be given pursuant to Section 21.5 The notice shall include a statement of the reasons for the dismissal or suspension and notice of the opportunity to appeal. In the event of a dismissal or suspension for unsatisfactory performance, a copy of the evaluation conducted pursuant to Education Code Section 44664 shall accompany the written notice.
21.6.3 If the notice of dismissal or suspension is given, the employee shall have fifteen (15) days from receipt of the notice of dismissal or suspension to submit to the Board of Education a written request for a hearing. The failure of an employee to request a hearing within fifteen (15) days from receipt of a dismissal or suspension notice shall constitute a waiver of the right to a hearing. The hearing provided for in Section 21.5 shall constitute the hearing on the dismissal or suspension. However, the arbitrator’s decision shall constitute a recommendation to the Board of Education and shall be advisory only.
22.1 In the event the District determines that unit members shall be subject to layoff, the District shall endeavor to give notice reasonably calculated to inform the Association of this determination as soon as practicable. The District agrees to meet with the Association upon request to discuss the proposed layoff.
22.2 Once the determination to lay off unit members has been made by the District and the preliminary notice has been sent to the unit members pursuant to applicable Sections of the Education Code, the Association may request information legally required and incident to those unit members receiving the preliminary notice.
22.3 In the event that the District determines that it may need to reduce either the size of the certificated employee bargaining unit, or the number of certificated employees in any District program, during the term of this Agreement, the District agrees that it will make every reasonable effort to accomplish such reduction(s) through normal attrition.
22.4 Notices to lay off unit members shall be given pursuant to applicable Education Code Sections.
22.5 Benefits for unit member(s) who are laid off:
22.5.1 Once a unit member’s employment is terminated, the employee shall be eligible for health benefits as set forth in the Agreement through September 30 of the calendar year in which the unit member is laid off, paid by the District at the same District contribution rate in effect immediately prior to the date the unit member was laid off.
22.5.2 The laid-off employee(s), for a period not to exceed six (6) additional months, shall have the option to remain an active participant in the District health benefits program as set forth in the Health and Welfare Benefits provision of the agreement unless:
(a) the employee fails to pay the full cost of any and all premiums through payment at least one month in advance of the month of coverage, or
(b) there is a break in the laid off employee’s participation in the health benefits program any time immediately prior to the layoff and for a period of three (3) months following the date of the layoff or severance from employment, or
(c) the laid off employee fails to remain eligible for the health benefits, or
(d) the laid off employee becomes eligible for medical benefits through another employer.
22.5.3 Subsequently, the laid-off employee will be entitled to any federal or state provisions for health benefit coverage in effect at the time of the qualifying event.
22.6 Permanent certificated employees who are laid off shall be granted all rights under Section 44956 of the Education Code.
22.6.1 For the period of thirty-nine (39) months from the date of layoff, any permanent employee shall have a preferred right to reemployment in the order of original employment as earlier determined in accordance with law.
22.6.2 Employees who wish to take advantage of the preferred right to reemployment shall keep the Personnel Department apprised in writing of their current mailing address(es), and of any changes in their credentials.
22.6.3 When actual vacancies occur, the District shall notify by the order of original employment, as earlier determined, the laid-off employee(s) who holds the proper credential required by the vacancy. This notice shall be sent by certified mail to the employee’s current mailing address on file with the Personnel Department. The notified employee shall notify the District in writing of acceptance within ten (10) days of mailing by the District. Failure to do so shall mean that the employee has waived reappointment right to any vacancy stated in the notice from the District.
22.6.4 The right to reappointment may be waived by an employee for not more than one (1) school year, but such waiver shall not deprive the employee of the right to subsequent offers of reappointment.
22.6.5 As to any such employee who is reappointed, the period of the absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service; the employee shall retain the classification and order of employment the employee had when services were terminated; and credit for prior service under any state or District retirement system shall not be affected by such termination, but the period of the absence shall not count as a part of the service required for retirement.
22.6.6 During the period of the preferred right to reappointment, any such employee shall, in the order of original employment, be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that the employee’s services may be terminated upon the return to duty of said other employee, that the compensation received shall not be less than the amount which would be received if the employee were being reappointed, and that said substitute service shall not affect the retention of their previous classification and rights.
22.6.7 Provision 22.6 shall not be interpreted to give laid-off employee additional rights beyond those required by law, or deny any rights guaranteed by law.
22.6.8 When seeking substitutes each day, the District agrees to call first any laid off employees in order of original employment before calling any other substitutes. This does not include laid off employees who indicate to the District that they do not wish to be called to work as a substitute. The District shall not be obligated to call any such substitute more than one (1) time per day, nor shall the District be obligated to explain its calling and assignment procedure to individual substitutes.
22.6.9 The District agrees to maintain substitute calling worksheets, showing calls made each day. These worksheets shall be available for inspection by the Association for the purposes of monitoring this provision only. Such inspection shall be made in the presence of the Superintendent or designee, and shall be scheduled by making an appointment with the Superintendent or designee.
22.7 Probationary certificated employees who are laid off shall be granted all rights under Section 44957 of the Education Code.
22.7.1 For the period of twenty-four (24) months from the date of layoff, any probationary employee shall have a preferred right to reemployment in the order of original employment as earlier determined in accordance with law.
22.7.2 Employees who wish to take advantage of the preferred right to reemployment shall keep the Personnel Department apprised in writing of their current mailing address(es), and of any changes in their credentials.
22.7.3 When actual vacancies occur, the District shall notify by the order of original employment as earlier determined the laid-off employee(s) who holds the
proper credential required by the vacancy. This notice shall be sent by certified mail to the employee’s current mailing address on file with the Personnel Department. The notified employee shall notify the District in writing of acceptance within ten (10) days of mailing by the District. Failure to do so shall mean that the employee has waived reappointment right to any vacancy stated in the notice from the District.
22.7.4 As to any such employee who is reappointed, the period of the absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of service; the employee shall retain the classification and order of employment the employee had when services were terminated; and credit for prior service under any state or district retirement system shall not be affected by such termination; provided, however, that the period of the absence shall not be counted as part of the service required for attaining permanent status in the District or for retirement purposes.
22.7.5 During the periods of the preferred right to reappointment, any such employee shall, in the order of original employment, and subject to the rights of permanent employees as set forth in provision 22.6 above, be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that employee’s services may be terminated upon the return to duty of such other employee, that such substitute service shall not affect the retention of previous classification and rights, and that such an employee shall be given a priority over other employees.
22.7.6 Provision 22.7 shall not be interpreted to give laid-off employees additional rights beyond those required by law, or deny any rights guaranteed by law.
22.7.7 Provision 22.6.8 also will apply under Provision 22.7.
22.8 The following criteria are used to determine the order of employment (layoff and reemployment) of those certificated employees who first rendered paid regular day school service to the Burbank Unified School District on the same date. The criteria are applied in order of priority, and ranking will be an accumulation of points from variables within criterion. The total applicable points in 22.8.1 will be applied to those having the same first date of paid service in a probationary status. Therefore, when ties are broken by 22.8.1 no further criterion will be applied. However, if after applying the first criterion (22.8.1) there are still ties, then the second criterion (22.8.2) is to be applied, and if ties still result, the third criterion (22.8.3) is to be applied, etc., until all persons have a unique ranking.
22.8.1 Prior temporary and/or probationary and/or permanent day school certificated employment within the Burbank Unified School District
A point value of one-half (1/2) will be granted for each semester of temporary and/or probationary and/or permanent day school certificated employment within the Burbank Unified School District rendered prior to verified seniority date.
A semester of service is defined as contract service for seventy-five percent (75%) or more of the number of working days of the full assignment, including sick leave, but excluding leaves without salary. Seventy-five percent (75%) of a full year’s teaching assignment is one hundred thirty eight (138) days, based on a work year of one hundred eighty seven (187) days.
Bilingual Crosscultural Language and Academic Development (BCLAD)
Crosscultural Language and Academic Development (CLAD) or its equivalent (i.e. CTEL, LDS, SB1969, SB395)
Specialist Special Education, or any credential authorizing special education services or designated instructional services (speech only) in grades K12
National Board Certification
22.8.3 Other Employment Experience
Teacher on Special Assignment
Mentor/BTSA/PAR Support Provider
22.8.4 Degrees Earned (Accredited Institutions)
22.8.5 Recognized units subsequent to
Each Semester Unit
(Must be a unit acceptable on the Burbank Unified School District’s salary schedule in accordance with District adopted “Rules and Regulations for Implementation of Salary Schedule for Certificated Bargaining Unit Members.”)
22.9 Bargaining unit members who suffer a layoff shall have the following rules and regulations apply as they relate to requests for personal necessity leave:
22.9.1 The provisions of this specific Section shall apply only to unit members who receive a final (May 15) layoff notice pursuant to Education Code Sections 44949 and 44955.
22.9.2 The provisions of this specific Amendment shall not apply to laid off unit members when they enroll in an approved Bilingual Waiver Program, or to unit members when they are reemployed in regular status or as temporary teachers.
22.9.3 Unit members may utilize up to six (6) days of personal necessity leave authorized under Article 13.1.9 of the Agreement for the purposes of seeking full-time employment for the ensuing school year outside the District.
22.9.4 Unit members may utilize the personal necessity leave under Article 13.1.9 pursuant to the following conditions:
(a) Such leave shall be taken only upon application to the appropriate site administrator or other immediate supervisor at least two (2) days before taking such leave.
(b) Payment for such absences and verification procedures shall be pursuant to Article 22.214.171.124 of the Agreement.
23.1 The former Article 23, Implementation of the Mentor Teacher Program, is hereby deleted and replaced by this Article 23, Peer Assistance and Review.
23.2 The District and the Association continuously strive to improve the quality of education. In order for students to succeed in learning, and for teachers to be successful, the District and the Association agree to cooperate in the design and implementation of programs to improve the quality of instruction.
A critical element toward achievement of this goal is through expanded and improved professional development and peer assistance. The Peer Assistance and Review (PAR) Program supports exemplary teachers in assisting their colleagues in subject matter knowledge, teaching strategies, teaching methods, and classroom management.
PAR support and assistance shall not involve participation in, nor the conducting of, the evaluation of certificated unit members (Stull evaluation), as set forth in Article 12, Exhibit L, and Education Code Section 44660, et seq.
23.3 Peer Assistance and Review (PAR) Committee
23.3.1 The PAR Committee serves as the governing body for the program and determines program guidelines that are consistent with the terms of the Collective Bargaining Agreement and the California Peer Assistance and Review Program for Teachers, AB1x. The PAR Committee shall consist of four (4) members selected by the Association, who shall compose the majority of the Committee, and three (3) members appointed by the Superintendent.
23.3.2 The recommended composition of the committee is as follows: one (1) elementary classroom teacher, one (1) middle school classroom teacher, one (1) high school classroom teacher, one (1) Association president’s appointee, one (1) elementary site administrator, one (1) secondary site administrator, and one (1) other administrator.
23.3.3 Members of the PAR Committee shall serve for a term of two (2) years. For the first term, two (2) Association members, as determined by the Association, and one (1) administrator, as determined by the Superintendent, shall serve for three (3) years; thereafter, the term of office shall be two (2) years. No more than two (2) consecutive terms may be served without a one year break in service.
23.3.4 Bargaining unit members who are on the PAR Committee shall receive an annual stipend as per Exhibit F.
23.4.1 The PAR Committee shall establish its own meeting schedule. However, the committee shall convene prior to the end of the school year for data collection and to review the number of program participants for the following school year. Minutes shall be kept of each meeting and distributed to PAR Committee members.
23.4.2 Five members of the PAR Committee must be present to conduct business. When PAR Committee meetings are scheduled during normal work hours on a day of instruction, such meetings shall not begin until 9:00 a.m. in recognition of the time required to prepare for a substitute.
23.4.3 Bargaining unit members who are on the PAR Committee shall be released from their regular duties to attend PAR meetings held during regular duty hours.
23.5 PAR Committee Duties and Responsibilities
23.5.1 Plan and participate in annual training for the PAR Committee members.
23.5.2 Develop, adopt and disseminate Rules and Procedures for the PAR Program consistent with the terms of the Collective Bargaining Agreement and the California Peer Assistance and Review Program for Teachers, AB1x.
23.5.3 Establish an application procedure for Consulting Teachers.
23.5.4 Select Consulting Teachers.
23.5.5 Select and approve initial and ongoing training opportunities for Consulting Teachers and Participating Teachers to be available throughout the year, including the summer months.
23.5.6 Provide written notification to referred Participating Teacher as needed. Copies of necessary notifications shall be sent to Consulting Teacher and the Principal.
23.5.7 Notify the Participating Teacher of the available panel of Consulting Teachers.
23.5.8 Develop procedures to recruit Voluntary Teachers.
23.5.9 Develop a timeline for PAR Committee activities to provide services beginning May 2001 and annually thereafter.
23.5.10 Develop, approve, and monitor annual PAR Program budget and expenditures.
23.5.11 Review reports submitted by Consulting Teachers.
23.5.12 Compile and maintain a list of professional development opportunities for use by Participating and Voluntary Teachers.
23.5.13 Forward to the Board of Education the names of individuals who, after sustained assistance of two (2) or more consecutive cycles, as defined in Section 23.7.2, are not able to demonstrate, as determined by the Stull evaluation process, satisfactory improvement. However, no names shall be submitted to the Board of Education prior to June 15, 2004.
23.5.14 The PAR Committee shall establish a process for assessing, planning, implementing and evaluating professional development that is paid for by PAR Program funds for all bargaining unit members. Professional development shall include, but not be limited to, new teacher orientation, class-size reduction training, training for substitute teachers, and general professional development for all bargaining unit members. The PAR Committee shall strive, through professional development, to support the District content and performance standards, and the California Standards for the Teaching Profession.
23.5.15 Establish an application and process for Voluntary Teachers that shall, at a minimum, elaborate on the area(s) of requested assistance that could include, but not be limited to, engaging and supporting all students in learning; creating and maintaining effective environments for student learning; understanding and organizing subject matter for student learning; planning instruction and designing learning experiences for all students; and assessing student learning.
23.5.16 Evaluate annually the impact of the program, and make recommendations to the Superintendent and the President of the Association on improvements to the program.
23.6 Consulting Teachers
23.6.1 Purpose and Function: Consulting Teachers provide assistance, remedial efforts, and activities for Participating and Voluntary Teachers in a directed and multifaceted process.
23.6.2 Qualifications and Conditions: The qualifications of Consulting Teachers shall be set forth in the PAR Committee Rules and Procedures, provided that the following shall constitute minimum qualifications:
126.96.36.199 Shall, at the time of application, be a classroom teacher, where classroom teacher is defined as someone who carries a caseload of students.
188.8.131.52 Shall have been a classroom teacher two (2) out of the immediate past three years.
184.108.40.206 Shall be a credentialed and permanent teacher who has received satisfactory evaluations for the last two Stull evaluations.
220.127.116.11 Shall have at least a minimum of five (5) years classroom experience either within or outside of the District.
18.104.22.168 Shall participate in training related to fulfilling the Consulting Teacher responsibilities.
23.6.3 Length of Term: The length of term shall be two (2) years, with no more than two (2) consecutive terms served without a one (1) year break in service, excluding the year of implementation, 20012002.
23.6.4 Application Process: The application process for Consulting Teachers shall include, but not be limited to, the following:
22.214.171.124 (a) A letter of application; and (b) Three confidential, written recommendations including one from recent or current administrator/principal/supervisor, one from a classroom teacher, and one from a current or past Association leader (for example, Faculty Representative, Member of the Board of Directors, Executive Officer, or Committee Chairs).
126.96.36.199 Applicants shall be observed by at least two (2) members of the PAR Committee for the purpose of confirming exemplary skills, including extensive knowledge and mastery of subject matter, teaching strategies, instructional techniques, and classroom management strategies necessary to meet the needs of a diverse student population.
188.8.131.52 Applicants shall be interviewed by the PAR Committee.
184.108.40.206 Applicants shall have demonstrated the following skills: (a) have cooperatively and effectively worked with teachers and administrators; (b) have effectively demonstrated leadership as evidenced by site, District, or Association activities.
220.127.116.11 Applicants shall express a commitment to engage in instructional practices that align with (a) District adopted content standards and (b) California Standards for the Teaching Profession.
18.104.22.168 Consulting Teachers shall be selected by a majority vote of the PAR Committee.
23.6.5 Duties: Duties and responsibilities of Consulting Teachers shall include the following:
22.214.171.124 Confer with the Participating Teacher and evaluator with respect to the PAR process.
126.96.36.199 Meet with the teacher on a frequent basis.
188.8.131.52 Establish mutually agreed upon performance goals, and develop the specific components of a written assistance plan.
184.108.40.206 Provide support as a peer coach.
220.127.116.11 Provide materials and resources needed to assist teachers.
18.104.22.168 Identify additional activities that support successful participating in PAR.
22.214.171.124 Monitor the progress of the Participating Teacher and provide periodic written reports to the Participating Teacher for discussion and review.
126.96.36.199 Provide periodic written reports on Consulting Teacher activities to the PAR Committee.
188.8.131.52 Prepare and submit an end of the year self evaluation
to the PAR Committee for review.
23.6.6 A copy of the Consulting Teacher’s report(s) (FormPAR1) shall be submitted to and discussed with the Participating Teacher at least two weeks prior to submission to the PAR Committee to receive his or her input and signature.
23.6.7 The Consulting Teacher shall submit a final report (FORMPAR2) to the PAR Committee. The Participating Teacher shall have the right to submit a written response within twenty (20) working days and have it permanently attached to the final report.
23.7 Participating Teachers: Conditions, Responsibilities, and Assurances
23.7.1 A Participating Teacher is a teacher with permanent status who receives an unsatisfactory rating as a result of the Stull evaluation process, that is defined, for purposes of this Article, as follows:
184.108.40.206 “Continued Employment With Professional Growth Required,” or “Continued Employment Not Recommended” which appear on the Burbank Unified School District Overall Summary Evaluation Form C.
23.7.2 A Participating Teacher shall participate in the PAR program throughout the full-cycle of the program, which shall be one school year.
23.7.3 The Participating Teacher shall rank his/her three preferences for Consulting Teacher from the available Consulting Teachers.
23.7.4 The PAR Committee shall confirm the Consulting Teacher from those selected. In the event the PAR Committee is unable to honor the preference requests of the Participating Teacher, the PAR Committee shall provide written rationale to the Participating Teacher.
23.7.5 The Participating Teacher shall have the right to request in writing that a specific Consulting Teacher be replaced and another Consulting Teacher assigned.
23.7.6 Notwithstanding the above provisions, ultimate responsibility of all Consulting Teacher assignments rests with the PAR Committee.
23.7.7 The Participating Teacher shall have the right to determine if his/her “Professional Growth Plan (Form D)” or any part of the Plan will be utilized for the development of the PAR goals and objectives.
23.7.8 All communication between the Participating Teacher and Consulting Teacher shall be confidential, except for written reports to the PAR Committee.
23.7.9 The Participating Teacher shall be provided with copies of all written reports generated by the Consulting Teacher at least two (2) weeks prior to the submission to the PAR Committee.
23.7.10 The Participating Teacher shall have the right to address the PAR Committee on matters related to the PAR Program.
23.7.11 No forms (observational, notes or other anecdotal materials) from the Consulting Teacher shall be placed in the Participating Teacher’s file except as specifically referenced in the Consulting Teacher’s final report to the PAR Committee.
23.7.12 The Participating Teacher shall receive a copy of the Consulting Teacher’s final report (Form PAR1) to the PAR Committee. The Participating Teacher’s signature on the report does not necessarily mean agreement, but rather that he or she has received a copy of the report. The Participating Teacher shall have the right to submit a written response within twenty (20) working days and have it permanently attached to the final report.
23.7.13 The Participating Teacher shall be provided reasonable release time to meet with the Consulting Teacher to determine goals and objectives, to plan strategies and needs, to plan observations, to observe other teachers, to debrief observations, and for other activities that will assist in the attainment of his/her goals. The cost of release time shall be charged to the PAR Program funds, as approved by the PAR Committee.
23.7.14 The Participating Teacher will not be required to perform any duties related to PAR which fall outside the normal work day, nor be asked or required to spend non-reimbursed money out of pocket as a condition of meeting his/her goals.
23.8 Voluntary Teachers: Conditions, Responsibilities, and Assurances.
23.8.1 A Voluntary Teacher is a teacher with permanent status whose most recent evaluation is satisfactory and who elects to participate in the PAR program because he or she would like to receive peer assistance in the area(s) of subject matter, grade level knowledge or teaching strategies, or classroom management/discipline.
23.8.2 The Voluntary Teacher shall submit a written application to the PAR Committee in order to voluntarily participate in the PAR Program.
23.8.3 The purpose of participation by a Voluntary Teacher is for peer assistance only and the Consulting Teacher shall not submit a written report.
23.8.4 The Voluntary Teacher may terminate in writing his/her participation in the PAR Program at any time.
23.8.5 The Voluntary Teacher’s participation in the PAR Program shall be confidential.
23.8.6 The Voluntary Teacher may select a Consulting Teacher from a list of available Consulting Teachers provided by the PAR Committee. Any changes in Consulting Teacher assignment, after the initial selection, shall be made in writing and approved by the PAR Committee. The assignment of Consulting Teachers resides with the PAR Committee.
23.8.7 Communications between a Consulting Teacher and Voluntary Teacher shall not be shared with others, including site principals and the PAR Committee.
23.8.8 Any written documentation of a Voluntary Teacher’s participation in the PAR Program shall not be placed in the Voluntary Teacher’s personnel file unless the Voluntary Teacher requests, in writing, that such materials be placed in his/her file.
23.9 Beginning Teachers: Conditions and Responsibilities
23.9.1 A Beginning Teacher is a first or second year teacher who qualifies for participation in the Beginning Teacher Support and Assessment Program (BTSA). The District shall encourage, but not require, Beginning Teachers to participate in the BTSA program so long as the BTSA program is funded by the State of California.
23.9.2 The District shall encourage, but not require, the following teachers to receive support from the PAR program: 1) Teachers who are newly hired by the District, and 2) Teachers who have changed grade level or subject matter. Support from the PAR Program may include Consulting Teacher assignment, staff development opportunities, and release time.
23.10 The PAR Committee shall establish a process for assessing, planning, implementing and evaluating professional development that is paid for by PAR Program funds for all bargaining unit members. Professional development shall include, but not be limited to, new teacher orientation, class-size reduction training, training for substitute teachers, and general professional development for all bargaining unit members. The PAR Committee shall strive through professional development to support the District content and performance standards, and the California Standards for the Teaching Profession.
23.11 Experienced Teachers: Conditions and Responsibilities
23.11.1 Professional Development opportunities shall be provided for all Burbank Unified School District teachers.
23.11.2 The PAR Committee shall establish a process for assessing, planning, implementing, and evaluating professional development for all teachers directed at supporting teachers in teaching to District content and performance standards, and the California Standards for the Teaching Profession.
23.11.3 The PAR Committee shall also address specific support activities such as new teacher orientation, class-size reduction, training for substitute teachers, etc.
23.11.4 The PAR Committee shall allocate available resources to support planned professional development activities.
23.12 Miscellaneous Provisions
23.12.1 Should a Consulting Teacher apply for an administrative position within the District, he/she shall inform his/her Participating Teacher immediately of this fact. The Participating Teacher may at his/her discretion:
1) decide to continue with the Consulting Teacher.
2) request, and be granted, as per the provisions of Article 23.7.5, a new Consulting Teacher.Any documentation developed or held by the Consulting Teacher regarding the Participating Teacher shall be turned over to the Participating Teacher for his/her use as he/she determines appropriate. In addition, a Consulting Teacher who attains an administrative position shall not evaluate a former Participating Teacher of his/hers for a period of two (2) years from the date of appointment as an administrator.
23.12.2 Bargaining unit members who serve on the PAR Committee or as a Consulting Teacher shall have the same protection from liability and access to appropriate defense as other public school employees pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. Should litigation be initiated against a bargaining unit member arising out of the above, a representative from the Association and the unit member(s) charged in the litigation shall be active participants in the selection of legal counsel from the panel of attorneys representing the District’s liability insurance provider.
24.1 A single-track year-round program shall exist at Monterey High School.
24.2 Pay Procedures
24.2.1 Regular pay warrants for teachers shall be issued on the first working day of the calendar month beginning in August and concluding the following July. The annual salary shall be divided by twelve to equalize the monthly payments throughout the fiscal year.
24.2.2 In the event the year round program is discontinued, or a unit member is involved in a transfer from Monterey High School, the District shall maintain the twelve calendar month pay period, at the unit members request, for the remainder of that school year and one additional school year.
24.3 Substituting While Off-Track
24.3.1 Current Burbank Unified School District unit members who substitute while off-track shall be compensated pursuant to Exhibit F.
24.3.2 Unit members shall have their annual sick leave allocation increased by one (1) additional day for each twenty (20) full days of substitute/intersession teaching between July 1 and June 30 of that year.
24.4 Pay for Intersession Assignments
24.4.1 Intersession assignments shall be compensated pursuant to Exhibit F.
24.5.1 See Appendix J.
24.6.1 Where applicable, leaves may be granted on a quarterly basis.
24.7 Evaluation Procedures
24.7.1 The section titled Specific Procedures in the Evaluation Process of Exhibit L, 1(b) shall be modified as follows: The evaluator and the employee shall meet for a pre-evaluation objective setting conference no later than September 1 to review specific objectives. All other provisions of Article 12 and Exhibit L remain unchanged.
24.8 Program Evaluation
24.8.1 Unit members shall be provided the opportunity to evaluate the year round program annually.
24.9 Discontinuance of Program
24.9.1 The District and the Association shall have the right to negotiate all mandatory terms and conditions affecting unit members should the program be discontinued and a configuration other than traditional school were to be implemented.
26.1 The on-site duty time of a full-time summer school teacher based on a 4-day week shall be as follows:
(a) Elementary School: Four (4) hours and thirty (30) minutes per work day;
(b) Middle School: Five (5) hours and twenty (20) minutes per work day;
(c) High School: Five (5) hours and twenty (20) minutes per work day;
(d) Special Education: Five (5) hours and thirty (30) minutes per work day;
(e) Counselors: Five (5) hours and thirty (30) minutes per work day
Changes in the hours/workdays shall be determined by the District after consulting with the Association.
26.2. If a summer school administrator calls a meeting requiring mandatory attendance, summer school teachers will be reimbursed at the curriculum writing rate for that meeting.
26.3 The daily rate of pay for a summer school teacher shall be as shown in Exhibit F. Teachers on halftime summer school assignments shall receive an amount equal to one-half (l/2) that of a full time assignment.
26.4 The selection of summer school teachers shall be at the discretion of the District, subject to the procedures below:
26.4.1 Openings for summer school positions shall be posted at all worksites where certificated employees of the District are assigned.
26.4.2 Permanent and probationary District employees will be considered for summer school positions before other candidates are considered.
26.4.3 The District shall use the following criteria in priority order for selection from among summer school candidates:
220.127.116.11 Possession of appropriate credentials and other state and federal accountability mandates.
18.104.22.168 Evidence of successful teaching experience at the grade level(s) and/or in the subjects for which the application is made.
26.5 A summer school teacher may serve for up to three consecutive years. A unit member who has served as a summer school teacher for three consecutive years may be considered for reappointment if there are not enough qualified applicants for the number of summer school positions.
26.6 Summer school teachers may be assigned to supervise students during their one break per day, subject to the provisions of 9.9.5 of this Agreement.
26.7 If a teacher is not offered a summer school assignment, he or she may request a written explanation.
27.1 The purpose of this Article is to notify bargaining unit members of the requirements concerning an individual program of professional growth pursuant to Education Code Sections 44277-44279. If, during the term of this Article, the Legislature should modify Education Code Sections 44277-44279, and such modification(s) affect the provisions in this Article, this Article shall be reopened for negotiations.
27.2 This Article is limited to those members of the bargaining unit who are issued their first clear multiple or single subject teaching credential on or after September 1, 1985, pursuant to Education Code Section 44251.
27.3 This Article shall not be interpreted in any manner which is inconsistent with applicable statutory law or applicable rules of the Commission on Teacher Credentialing.
27.4 Bargaining unit members covered by this Article shall adhere to Education Code Sections 44277 through 44279 and applicable rules of the Commission on Teacher Credentialing.
27.5 Before a bargaining unit member commences or amends an individual program of professional growth consisting of a minimum of 150 clock hours pursuant to Education Code Sections 44277 through 44279, the individual program of professional growth first must be checked and certified by the designee of the District who shall be an administrator.
27.6 The District will notify all bargaining unit members covered by this Article. Included in the notification will be a copy of Education Code Sections 44277 through 44279, a copy of applicable rules of the Commission On Teacher Credentialing, and a copy of this contract Article.
27.7 Any adverse actions by the District related to professional growth under this Article must be appealed pursuant to Education Code Section 44278.
27.8 The implementation of this Article shall not be a part of any evaluation of a bargaining unit member.
28.1 The District will implement a limited job sharing program with the following specifications and conditions:
28.1.1 Job sharing at the secondary level shall be composed of pairs of volunteers. Each job sharing teacher shall teach either three (3) periods per day, or teach one (1) semester. The assignment of job sharing teachers shall be done by the school administration and shall be based upon the needs of the school. This secondary job sharing plan shall not limit the ability of employees to work as half-time employees or to receive half-time leaves of absence.
28.1.2 Elementary level job sharers shall be volunteers. Persons wishing to share a job shall seek their own partners. The approval of the job sharing team shall be at the District’s sole discretion.
28.1.3 The following conditions for job sharing at the elementary and secondary level shall apply:
22.214.171.124 Job sharers shall submit a written detailed plan to the Superintendent or designee stating in detail how the applicants would insure close cooperation in such matters as planning; teaching; evaluating; communicating with one another and with parents, staff and administration; and perform adjunct duties.
126.96.36.199 A signed form, prepared by the District, which acknowledges their responsibilities to attend scheduled school and District meetings, and parent conferences normally expected of a full-time employee shall be submitted with the written plan. District retains the right to direct both job sharers to attend meetings and parent conferences appropriate to both individuals. Employees teaching in a split year plan shall have those responsibilities required only during the semester they are teaching in a job sharing program.
188.8.131.52 The Principal and Superintendent or designee must agree in writing to the proposed job sharing plan. If the proposed plan is rejected, no explanation shall be required, nor shall the refusal be grievable. At the sole discretion of the Superintendent determination may be made as to whether any proposed job sharing plan enhances education or benefits students enough that it should be approved. Upon request of the Association, the District will give its rationale for termination to the Association.
184.108.40.206 Any approved job sharing arrangement may be terminated by the District in the event that it is deemed by the District to be instructionally or organizationally unsuccessful. If terminated, the termination shall not be grievable. An arrangement may not be terminated prior to the end of a semester. Upon request of the Association, the District will give its rationale for termination to the Association.
220.127.116.11 Movement on the salary schedule shall be as defined in the current contract.
18.104.22.168 As part of the application process for a job share assignment, each job share participant shall make an affirmative decision to waive or not to waive his/her right to prorated District paid health and welfare benefits, as established in Article 8.1.1. This affirmative decision shall be binding upon the bargaining unit member until the next open enrollment period following completion of the job share assignment. If the job share is terminated pursuant to Article 22.214.171.124 above, or if the job share is dissolved for any reason whatsoever, then the waiver made pursuant to this section shall be null and void. The District, in consultation with the Association, shall develop the form necessary to implement this section.
28.2 Each individual elementary and secondary job sharing plan will be evaluated and may be renewed in the event that the District finds that it has been beneficial to the students and to the District. Job sharing plans are not established or renewed until both the applicants and the District have agreed upon the specific job sharing plan, and shall be subject to review and joint renewal upon such terms as the applicants and the District may agree. Requests for job sharing shall follow the same deadlines as exist for other leaves as per Articles 13.2.3 and Articles 13.2.4 of this Agreement.
28.3 The percentage of full-time service provided by each job sharer shall be equal to the percentage of full-time salary and benefits received by the job sharer. In no case shall the combined percentage of service provided by the job sharing pair exceed 100%.
29.1 Programs for Limited English Proficient (LEP) Students
29.1.1 The District will provide or, at its discretion, may approve payment for courses related to certification required to provide services to LEP students as follows:
126.96.36.199 For teachers employed on a District bilingual waiver or assigned to teach Specially Designed Academic Instruction in English (SDAIE) or English Language Development (ELD) classes, the District will pay for all State approved coursework and language classes and related tests required to attain a (Bilingual) Crosscultural, Language, and Academic Development ((B)CLAD) and/or SB1969 Certificate.
188.8.131.52 Teachers may elect to receive salary credit for any work done under this Article upon payment of such additional fees as may be required by the credit granting institution.
29.1.2 Should a teacher assigned to a bilingual program request a transfer to a non-bilingual program, the District shall make every attempt to honor the request in accordance with Article 14, Transfer and Reassignment. Should the request not be honored, due to lack of open teaching locations or lack of bilingual teachers to replace the teacher requesting the transfer, the District shall place the request on a list for consideration for transfer the following school year.
29.2 Full Inclusion Program
29.2.1 Full inclusion is one option in the full continuum of services and full range of placement options available to students with identified disabilities. Full inclusion, for the purpose of this section, exists when a student who has been determined to be eligible for full-time special education services, is assigned to, and participates in, an age appropriate general education classroom, with support from special education and/or as appropriate, other District resources.
29.2.2 Any unit member who will be impacted by Article 29.2, shall be provided the opportunity to participate in the development of the student’s educational program and the identification of additional accommodations and/or support services for the teacher. This educational/accommodations/support program shall be developed by the school’s Student Study Team or Individualized Education Program (IEP) Team, as appropriate, and shall include but not be limited to: eligibility, planning, conferencing and preparation, release time, instructional aide support, equipment and supplies, grading policies, and the composition of the class being considered.
29.2.3 Unit members who are impacted by Article 29.2 and who are required to meet with the District’s full inclusion or other specialist on a regular basis outside the unit member’s regular duty hours, shall be compensated at 16.7% of the daily rate based upon Step I, Column I of Exhibit A1 for each additional hour of service in quarter hour increments.
29.3 Crosscultural, Language, and Academic Development Certificate, Language Development Specialist Certificate, and SB 1969 Certificate
29.3.1 Bargaining unit members shall receive a onetime only stipend in the amount of $500 for completion, and submission of a copy of the earned certificate to the District, of the District approved Crosscultural, Language, and Academic Development (CLAD) Certificate, Language Development Specialist (LDS) Certificate, or SB 1969 Certificate.
29.3.2 Bargaining unit members who already receive, or have ever received, in Burbank, an annual stipend for possession and use of the Bilingual Certificate of Competence, Bilingual Cross Cultural Credential, Bilingual Cross Cultural, Language, and Academic Development Credential, or other state approved bilingual certificate or credential, are not eligible for this onetime stipend.
30.1 Effective January 1, 2016, there shall be a minimum of six (6) Department Chairpersons at each of the two comprehensive High Schools and at each of the three (3) Middle Schools. The determination of which department will receive a Department chairperson each year is within the sole discretion of the principal or designee after input from the teachers at each of the sites. Small departments may be grouped to form a unit which will receive a Department Chairperson.
30.1.1 Department Chairpersons shall be elected based on the procedures set forth in section 184.108.40.206. The principal may remove a Department Chairperson only after written notice has been given that states the deficiency and only after the Department Chairperson has had a period of thirty (30) days from the date of notification to correct the deficiency.
220.127.116.11 Department Chair Elections
a. Each department shall elect the Chair for a two (2) year term, unless the election is filling a vacancy, at which time the term will be for the remainder of the vacancy.
b. A Department Chairperson may serve two consecutive terms of up to four years. In the event that no other department member chooses to run, the department may re-elect the current Chair with a majority vote.
c. Candidates will submit their names to the department at the March department meeting in the Spring semester in which their term expires. The Department Chairperson election will be held during April or May.
d. Candidates must have a minimum of two (2) years teaching experience in the department or subject area. Candidates must teach the majority of their sections in the department. If no candidate in the department meets these criteria, all are eligible.
e. The election will be held by written, secret ballot.
f. All current members of the department shall receive one vote per section currently taught in the department.
g. Ballots will be distributed, collected and counted by the principal and faculty chair. A majority of the votes cast shall determine the winning candidate.
h. In the event that no candidate receives a majority vote on the first ballot, a runoff election shall be held. The candidates in the runoff election shall be the candidates receiving the two highest number of votes.
i. In the event of a tie vote, the two candidates must agree to one of the following:
Choose to co-chair the department;
Serve for a one (1) year term;
One candidate withdraws his/her name from the ballot and a new election is held.
j. Two teachers may run together as Co-Chairs following the same procedures for election of a single Department Chairperson.
30.1.2 Department Chairpersons have the right to consult and make recommendations to the principal or designee on the allocation of the department’s budget funds, establishment of the department’s class offerings, assignments of department members to specific classes, and balancing of department classes. The District shall adopt a job description for the Department Chairperson which shall include the following responsibilities.
18.104.22.168 Instructional Assistance to Teachers
a. Assist teachers in the department with instruction related needs in cooperation with the principal or designee.
b. Provide support and assistance to beginning teachers as needed.
c. Encourage members of the department to assist one another through forums on subject areas within the department, sharing teaching strategies and ideas and facilitating peer assistance relationships among members of the department.
d. Disseminate information related to professional growth, such as interview opportunities and conferences.
a. Communicate department needs in the areas of curriculum and related materials to and from the site administration after input from department members.
b. Provide expertise regarding subject matter and serve as a resource to colleagues when it comes to curriculum.
c. Assume responsibility for determining textbook needs after input from department members.
d. Represent the department at meetings related to the department’s area of instruction.
e. Serve as a member of District textbook selection committee.
a. Assume responsibility for ordering, inventory, and delivery of supplies needed by members of the department.
b. Provide information for and assist in ordering textbooks.
c. Provide information related to class scheduling needs to and from site administrators after input from department members.
d. Provide information related to department budget needs to and from site administrators after input from department members.
e. Provide information related to department classroom and equipment needs to and from site administrators after input from department members.
f. Provide information and assist in preparation of field trip plans and scheduling of speakers related to department needs.
g. Perform other department leadership duties as assigned by the principal or designee, but no more than three hours a month.
h. The Department Chairperson shall not evaluate teachers.
a. Conduct monthly department meetings as necessary to facilitate communication between department members and administrators. Other department meetings will be scheduled as needed by agreement between the principal and department chairperson. It is advised that meetings not be held during duty free lunch.
b. Communicate department needs in the area of materials and supplies to and from site administrators after input from department members.
c. May volunteer as a school representative to community organizations.
d. Disseminate information about professional responsibilities and opportunities to department members.
e. Function as department representative in meetings with the school administration and/or District administration when requested by department members or administrators with concurrence from the principal.
30.1.3 Each Department Chairperson shall be required to attend meetings that are required of other unit members.
30.1.4 Department Chairpersons will be paid according to Exhibit F.
31.1 If any provisions or applications of this Agreement are held to be contrary to law by a court of competent jurisdiction, and upon exhaustion or termination of judicial review which sustains such determination, these provisions or applications will be deemed invalid and not subsisting except to the extent permitted by law.
31.2 All other provisions of the Agreement will continue in full force and effect.
32.1 It is understood and agreed that the specific provisions contained in this Agreement shall prevail over District practices and procedures, and over state laws to the extent permitted by state law and not specifically prohibited by state law.
32.2 Teacher benefits brought about by statutory guarantees and incorporated into this Agreement which subsequently are reduced or eliminated by statutory changes shall be continued in full force until the end of this Agreement, unless specifically prohibited by law.
33.1 It is mutually understood and agreed by the District and the Association that both parties will in good faith support the provisions herein contained during the life of this Agreement, and both the District and the Association further understand and agree that it is to their mutual best interests and benefit to do so.
33.2 It is agreed and understood that there will be no strike, work stoppage, slowdown, picketing in connection therewith, or refusal or failure to fully and faithfully perform job functions and responsibilities, or other concerted activities by the Association or by its officers, agents, or members during the term of this Agreement, including compliance with the request of other labor organizations to engage in such activity.
33.3 The Association recognizes the duty and obligation of its representatives to comply with the provisions of this Agreement and to make every effort toward inducing all employees to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operation of the District by employees who are represented by the Association, the Association agrees in good faith upon written request by the District publicly to disavow the action and encourage the employees to cease such action.
33.4 This Article shall be in full force and effect during the term of this Agreement unless all the following conditions are satisfied:
33.4.1 The parties are engaged in negotiations and have not reached a conclusion; and
33.4.2 The Public Employment Relations Board has determined that an impasse exists between the parties in such negotiations, and that such determination of impasse was made in writing sixty (60) work days before the written notification in 33.4.3; and
33.4.3The Association has notified the District by certified mail that this Article is no longer in effect because of the satisfaction of all conditions in Provisions 33.4.1 through 33.4.3.
33.5 If this Article is not in full force and effect because of the satisfaction of all conditions in Provisions 33.4.1 through 33.4.3, such temporary suspensions of this Article shall not be interpreted in any way as authorizing, condoning, or prohibiting any strike, work stoppage, slowdown, picketing in conjunction therewith, or refusal or failure to fully and faithfully perform job functions and responsibilities. Any temporary suspension of this Article shall not be interpreted in any way as a suspension of any other Article(s) in this Agreement.
34.1 Except as noted in 34.2, 35.2, 35.3, and 35.4, during the term of this Agreement the District and the Association expressly waive and relinquish the right to meet and negotiate and agree that neither party to this Agreement shall be obligated to meet and negotiate with respect to any subject or matter whether referred to or covered in this Agreement or not, even though such subjects or matters may not have been within the knowledge or contemplation of either the District or the Association at the time of meeting and negotiating on and executing this Agreement, and even though such subject matters were proposed and later withdrawn.
34. 2 In the event that the District desires to change any of its policies and/or administrative rules and regulations which are not covered by this Agreement but are within the scope of bargaining and affect bargaining unit members, it will, absent emergency conditions, so notify the Association of its intentions prior to any such contemplated change. The Association, within ten (10) school days after receipt of such notification, may notify the District of its desire to negotiate on such contemplated changes in District policies and/or administrative rules and regulations. Thereupon, the District shall enter into such negotiations with the Association for a period of sixty (60) calendar days (unless agreement is reached prior to the sixty (60) days). If no agreement is reached within the sixty-day period, the District may adopt the change if it so desires.
35.1 This Agreement shall remain in full force and effect for a period of three years from July 1, 2016 to June 30, 2019.
35.2 During the term of this Agreement, either the District or Association may reopen negotiations for the 2017 – 2018 and 2018 – 2019 school years on Articles 7 (Wages), 8 (Health and Welfare Benefits), work calendars, and two (2) articles selected by each party. Written notice to reopen must be provided to the other party prior to April 1 of each year. Upon receipt of this written notice, the District will proceed with the public notice requirements under Government Code Section 3547. Negotiations shall commence no later than May 1 of that calendar year. Pending the conclusion of negotiations, all articles will remain in effect.
35.3 The District and the Association may reopen this Agreement or any portion thereof during the term of the Agreement by mutual agreement in writing by both parties to this Agreement.
35.4 Prior to April 1, 2017, either the District or the Association may give by written submission of an initial proposal to the other party, by certified mail or hand delivery, notification of its desire to negotiate a successor Agreement. Upon receipt of this written notice, the District will proceed with the public notice requirements under Government Code Section 3547. Negotiations shall commence no later than May 1, 2017. 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 one year.