contract agreement - ceres unified school district · contract agreement between ... teachers on...

Contract Agreement Between

Ceres Unified School District “Committed to Excellence, Responsive to Every Student”

And

Ceres Unified Teacher’s Association

2016-2019

CERES UNIFIED TEACHERS' ASSOCIATION CERTIFICATED EMPLOYEES' CONTRACT

2016 - 2019

TABLE OF CONTENTS

Article I – Agreement ................................................................................................................................................ 1

Article II - Recognition ............................................................................................................................................. 2

Article III - Definitions ............................................................................................................................................. 4

Article IV - Association and Management Rights ................................................................................................ 6

Article V - Professional Dues or Fees and Payroll Deductions ......................................................................... 7

Article VI - Negotiation Procedures .................................................................................................................... 10

Article VII - Consult ............................................................................................................................................... 11

Article VIII - Class Size.......................................................................................................................................... 12

Article IX - Year-Round School ........................................................................................................................... 15

Article X - Teaching Hours (includes Duty-Free Lunch, Staff Meetings) .................................................... 18 Article XI - Job Sharing/Partial Contract ........................................................................................................... 27

Memorandum of Agreement for a Job Share ..................................................................................... 29 Memorandum of Agreement for Partial Contracts ............................................................................ 30

Article XII - Certificated Employee Safety ......................................................................................................... 31

Article XIII - Certificated Employee Transfer and Reassignment ................................................................. 32

Article XIV - Certificated Employee Evaluation (includes Personnel Files) ................................................ 35 Elements of Certificated Evaluation ..................................................................................................... 41 Observation Form - Certificated ............................................................................................................ 42 Certificated Summary Evaluation Report ............................................................................................. 43 Remedial Action Plan - Certificated ...................................................................................................... 44 Standards of Performance –Descriptors- ............................................................................................ 45

Assessment of Pupil Progress ................................................................................................................. 46

Article XV - Grievance Procedure ....................................................................................................................... 47

Article XVI - Parent and/or Student Complaints ............................................................................................. 51

Article XVII - Non-Reelection of Probationary Employees .......................................................................... 53

Article XVIII - Dismissal or Suspension of Certificated Employees ............................................................ 54

Article XIX - Leaves ............................................................................................................................................... 55 A. Sick Leave B. Industrial Accident/Illness Leave C. Administrative Leave D. Extended Illness Leave E. Maternity Leave F. Family Care Leave G. Bereavement Leave H. Personal Leave I. Personal Necessity Leave J. Unpaid Leave of Absence K. Sabbatical Leave L. In-Service Leave M. Jury Duty Leave N. Association Leave O. Exchange Teaching Programs P. Catastrophic Leave Q. Paid Leave Restrictions Certificated Employees Leave of Absence .......................................................................................... 63 Sample Certificated Personal Necessity “Reasons” ............................................................................ 64

Article XX - Professional Growth Plan (TEPS) ................................................................................................ 65

Article XXI – Teacher Induction Program ........................................................................................................ 67

Article XXII - Certificated Employee Benefits .................................................................................................. 69 Article XXIII - Retirement Incentive Program ................................................................................................. 72

Early Retirement Incentive Program Contract .................................................................................... 74

Article XXIV - Salary Schedule Provisions and Transferred Experience ..................................................... 75 Salary Schedules ........................................................................................................................................ 77 Extra Pay Stipends/Stipend Schedule ................................................................................................... 81

Article XXV - Separability and Savings ............................................................................................................... 84

Article XXVI - Reopeners ..................................................................................................................................... 85

Article XXVII – Whitmore Charter ................................................................................................................... 86 Salary Schedule .......................................................................................................................................... 97 Negotiated Agreement, Signatures ............................................................................................................. Ratification Agreement, Signatures .............................................................................................................

ARTICLE I

AGREEMENT A. The articles and provisions contained herein constitute an agreement (“Agreement”) by and

between the Governing Board of Ceres Unified School District (“District”) and the Ceres Unified Teachers’ Association (“Association”), an affiliate of CTA/NEA.

B. This agreement shall remain in full force and effect from July 1, 2016, until June 30, 2019.

C. Any individual contract between the District and a unit member shall be subject to and

consistent with the terms and conditions of this Agreement.

1

2

ARTICLE II

RECOGNITION The Ceres Unified School District recognizes the Association as the exclusive representative of those certificated employees herein agreed to and listed below in categories for the purpose of meeting and negotiating: the unit of certificated employees described in the “Inclusions” below:

A. Inclusions are:

Regular full-time, part-time classroom teachers, and special education teachers, including but not necessarily limited to:

Teachers – Permanent, K-12 Teachers – Probationary, K-12 Teachers – Temporary, K-12 Counselors, K-12 Librarians, K-12 Nurses Interns: (Teacher) Preschool and Head Start Teachers R.O.P. Education Teachers Adult School Teachers * Summer School / Intersession Teachers * Vocational Educational Teachers Speech and Language Pathologists Charter School Teachers

*Terms of the following articles of the contract do not apply unless specified for these positions: Article VIII, Article IX, Article X, Article XI, Article XIII, Article XIV, Article XIX, Article XX, Article XXI, Article XXII, Article XXIII, Article XXIV, and Article XXVII.

*Not eligible for benefits or leaves of absence; no formal evaluation

B. Exclusions are:

Management, Supervisorial, Confidential, Day to Day Substitutes Teachers serving as administrators Teachers on special assignment being paid on administrators’ pay scale

C. The parties to this Agreement recognize that the duties and work performed by the certificated

employees in the bargaining unit described above, with the exception of special education services, shall be performed only by unit members and shall not be subcontracted or otherwise transferred out of the bargaining unit. In addition, the administrative position of Learning Director may assume counseling duties as part of their assigned duties. Learning Directors will not serve as primary evaluators. As of September 2004, current counselors shall not be displaced for the sole purpose of employing Learning Directors.

3

D. The Board of Trustees agrees to not initiate a Charter School in any of the following sites without prior approval from the Association: Ceres High School, Central Valley High School, Argus/ Endeavor High School, Blaker Kinser Junior High, Cesar Chavez Junior High School, Mae Hensley Junior High School, Adkison Elementary School, Beaver Elementary School, Carroll Fowler Elementary School, Caswell Elementary School, Don Pedro Elementary School, Hidahl Elementary School, La Rosa Elementary School, Lucas Elementary School, Sinclear Elementary School, Sam Vaughn Elementary School, Virginia Parks Elementary School, Walter White Elementary School, and Westport Elementary School. (Whitmore Charter School and the Berryhill Campus are excluded from this list.)

4

ARTICLE III

DEFINITIONS A. “Certificated Employee” refers to any person who is defined in Article II above.

B. “Daily Rate of Pay” shall be the certificated employee’s annual gross salary divided by the

number of days the certificated employee is required to provide services, as per this Agreement(for example $50,000 / 184 = $271.74).

C. “Hourly Rate of Pay” shall be the rate of pay per hour, established for services rendered by the

certificated employee, as specified in Article XXIV of this contract. D. “Work Days” are those days certificated employees are required to be present.

E. “Instructional Days” are those workdays when students are scheduled to be present.

F. “Non-Instructional Days” are those workdays when no students are scheduled to be present.

G. “Staffing Ratio” – see Article VIII – Class Size.

H. “Average class size” – see Article VIII – Class Size.

I. “Staffing formula” is the process used to determine the number of teachers allocated to a school

– see Article VIII – Class Size. J. “Projected average enrollment” is the projection of P-2 enrollment for any year based upon

current and historical student information. K. “Student periods” are the number of class periods normally attended by a majority of students

during the normal school day. L. “Teacher periods” are the number of periods a teacher normally teaches per day.

M. “Class size” is a number agreed upon by the District and the Association. See Article VIII –

Class Size. N. “Consensus” is everyone in the group being able to support, agree to, or live with a particular

decision. O. “Vested” a certificated employee is vested in the district after 10 years of district paid certificated

service of which 5 years must be immediately prior to eligibility for the benefit offered. Vesting will not be affected by District approved leaves.

P. “Minimum Day” is a day in which the students leave school before the normal time.

Q. “Shall” has the same meaning as “will”.

5

R. “Unit Member” – refer to Article II.

S. “Base Amount” is the lowest amount contributed by the District for full-time employee benefits.

T. “Shared Position” is a position shared by two employees and equal to a 100% contract.

U. “Partial position” is a position that is not shared with another employee and is less than a 100% contract.

V. “Itinerant certificated staff ” are bargaining unit members assigned to more than one site.

W. “Settled” as used referring to a collective bargaining agreement means that the agreement has

been ratified by the exclusive bargaining unit and approved by the governing board.

X. “Extra Pay Stipend” is compensation for designated services provided beyond regular teaching duties and instructional time.

Y. “Combination Classes” are K-6 classes in which the teacher is teaching students from two or

more grade levels of regular education students (excluding ALA classrooms) and the teacher is responsible for two or more grade level standards.

Z. Permanent Teacher is defined by Ed. Code section 44929.21(b).

AA. Transitional Kindergarten is the first year of a two year Kindergarten program. Transitional

Kindergarten shall be treated as Kindergarten for all contractual references to Kindergarten. (Ed. Code sections 46300, 48000 and 48010.)

ARTICLE IV

ASSOCIATION AND MANAGEMENT RIGHTS A. For Association business, the Association and its members shall have the right to make use of

school buildings and facilities at all reasonable hours. However, unit members shall have access to assigned classrooms and equipment at all reasonable hours for activities which relate to their teaching assignments.

B. For Association business, the Association and its members shall have the right to post notices of

activities and matters of Association concern on bulletin boards, at least one of which shall be provided in each school building in areas frequented by certificated employees. The Association and its members may use the District mail service and certificated employee mail boxes (including e-mail) for communications with certificated employees.

C. Authorized representatives of the Association shall be permitted to transact official Association

business on school property prior to work hours, during lunch periods, and after work hours in areas designated by the principal. For Association business, authorized representatives of the Association will have the right to use all equipment at all reasonable hours.

D. The Association and the superintendent shall determine which commercial vendors, if any, shall

be permitted access to district personnel during the school day. Any commercial presentation to a staff shall be on a voluntary basis and not as a part of a regular staff meeting. Lunch rooms shall not be used by vendors during any regularly scheduled lunch period.

E. The District will inform the Association annually of any school which is being classified as

underperforming as per federal, state, or local legislation. The Association may demand to consult on those items pertaining to a school that is designated as underperforming. The District’s duty to consult is defined in Article VII.

F. The Association shall reimburse the District for the cost of a substitute teacher per day for the

Association President and Lead Negotiator up to twenty (20) total days per school year. Any days beyond (20) total days will be paid pursuant to Education Code 44987. This does not include release days for negotiations, mediations or arbitrations.

G. The District retains and reserves to itself, whether exercised or not, all lawful powers, rights,

authorities, duties, and responsibilities which have not been specifically abridged, delegated, or modified by this Agreement.

H. The District’s exercise of powers, rights, authority, duties, and responsibilities, the adoption of

policies, rules regulations, and practices in the furtherance thereof, and the use of judgment and discretion therewith, shall be consistent with and limited only by law and shall not be arbitrary or capricious.

I. Notwithstanding any other provisions, this agreement shall not constitute a general or specific

waiver of any right of the Association or unit members. The Agreement shall not be applied to reduce or restrict any right or privilege of the Association or unit members derived from other provisions of this Agreement, or any other valid Agreement, or from law.

6

7

ARTICLE V

PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS Professional Dues or Fees

A. Any employee who is a member of the Association who signs and delivers to the District an

assignment authorizing deduction of unified membership dues, initiation fees and general assessments of the Association, shall have such authorization continue in effect from year to year unless revoked in writing between June 1, and September 1 of a given year. Any such revocation should be effective for the next school year. Pursuant to such authorization, the District shall deduct such dues, fees or assessments from the regular salary check, in twelve equal installments each year. Should an individual be employed after the beginning of the school year, he/she shall pay a pro rata amount based on the number of months employed as compared to 12 months.

B. In order for membership dues to be paid by payroll deduction, the employee shall sign and

deliver to the District a written authorization for deduction of unified membership dues. Pursuant to such authorization, the District shall deduct one twelfth (1/12) of such dues from the regular salary check of the certificated employee each month for twelve months. Deductions for certificated employees who sign such authorizations after the commencement of the school year shall be appropriately prorated to complete payments by the end of the school year. The District will provide bargaining unit employees new to the District with a copy of the Collective Bargaining Agreement and the employee will sign a form indicating a choice of either full membership or agency fee. A copy of the form will be forwarded to the Association within ten (10) days of the employee reporting to work. The form will include the employee’s name, address, social security number, phone number and work site.

C. Any employee who is a member of the Bargaining Unit, who is not a member of the

Association in good standing, or who does not make application for membership within thirty (30) days from the first day of active employment (except as provided hereafter in the Optional Procedures), shall pay an agency fee to the Association: an amount equivalent to the United Membership dues, initiation fee and general assessments uniformly required to be paid by members of the Association.

D. In the event an employee fails to comply with this Article, at the direction of the Association,

the Superintendent or his/her designee shall notify the employee within ten (10) days that he/she is not complying with his/her contractual obligation. A copy of such notice shall be sent to the Association.

E. At the direction of the Association, The District shall deduct agency fees from the salary or

wage order of the employee who is not a member of the Association, or has not complied with the Optional Procedure specified in section I, the District shall immediately begin automatic payroll deduction in the same manner as set forth in paragraphs A & B of this Article. Any payments to a charity must be made on an annual basis.

F. The District agrees to promptly remit such monies to the Association accompanied by an

alphabetical list of employees for whom such deductions have been made.

8

G. The Association agrees to furnish the information needed by the District to fulfill the provisions of this Article. The District agrees to furnish the information needed by the Association to fulfill the provisions of this article.

H. The District agrees to deduct dues or other fees pursuant to the schedule submitted by

CUTA for employees who execute a form currently in use or any mutually agreed upon form. The Association is to submit the schedule each year. The schedule may be amended once each school year with thirty (30) day notice.

I. Optional procedure

1. Any employee of this unit who has bona fide religious beliefs which prohibit him/her

from joining or financially supporting employee organizations shall not be required to join or financially support Ceres Unified Teachers’ Association CTA/NEA. However, that employee shall utilize the following Optional Procedure:

a. Submit a detailed statement to the Association establishing the basis for the religious

exemption (with a copy to the employer) by the end of September of each school year. The statement shall state that the person does not desire to join or contribute to the Ceres Unified Teachers’ Association because of religious beliefs that prevent him/her from joining or contributing. The exemption shall be reviewed by the Association’s Executive Board. Exemptions will only be made as required by law, Government Code 3546.3(i.e. the person must be an active member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations). If accepted, the employee shall make an annual payment to a charity as described herein by October 15th (or within 45 days of a new employee’s first paid day of service) of each year.

b. Make payment equal to unified membership dues to a non-religious, non-labor

organization exempted under Section 501c (3) of Title 26 of the Internal Revenue Code. The list of designated charitable organizations are the American Heart Association, the American Cancer Society, the 501c(3) foundation which provides scholarships for Ceres Unified School district high school students and the American Red Cross. No in-kind services may be received for payments nor may the payment be in a form other than money (such as the donation of used items).

c. Proof of such payment (i.e. payment to one of the charities on the list of designated

charities) shall be submitted to the Association with a copy to the District by the end of September of each school year.

2. Any unit member making payments as set forth in sections above, and who requests that

the grievance or legal provisions of this Agreement be used in her or his behalf, shall be responsible for paying the reasonable cost of using said procedures.

3. This procedure is applicable only to employees who elect not to join in financial support

of Ceres Unified Teachers’ Association CTA/NEA based on personal beliefs and who annually continue to exercise that option.

9

J. The Association agrees to pay to the District all reasonable legal fees and legal costs incurred in defending against any court action and/or administrative action challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to above shall or shall not be compromised, resisted, defended, tried or appealed.

K. In the event that relevant case law, legislation, or other governing decision rescinds mandated

agency fee, this agreement to implement agency fee shall become null and void. Payroll Deductions

L. Upon appropriate written authorization from the employee, the District shall deduct from the

salary of any employee and make appropriate remittance for annuities, credit union, savings bonds, charitable donations or any other plans or programs jointly approved by the Association, the District and the County Superintendent’s Office.

ARTICLE VI

NEGOTIATION PROCEDURES A. The Association shall present its proposals for a successor Agreement to the Board of Trustees

no earlier than the first regular Board meeting in March of the year in which this Agreement expires. The Association agrees to present to the Board, in writing, all of the major proposals or substantive changes for the contract agreement. A draft of the District’s written response or counter proposals will be presented to the Association in the board agenda packet no later than the first regularly scheduled Board of Trustee meeting after the Board’s public hearing on the Association’s contract proposal.

B. After receiving the District’s counter proposal, table negotiations between the Association’s and

the District’s representatives will commence within 15 calendar days. C. Negotiations shall take place on mutually agreeable dates at mutually agreeable places, within a

reasonable time after receipt of a written request. Negotiation sessions will be scheduled from 9:00 AM to 5:00 PM with one hour for lunch. These times may be changed upon mutual agreement. Both parties will be prepared and will begin table negotiations promptly at 9:00 AM.

D. The Association shall designate representatives to negotiate, six of whom shall each receive

reasonable release time without loss of compensation. E. The District shall provide the Association with one (1) printed copy and one (1) digital copy of

the Adopted District Budget, one (1) copy of each J200 report and one (1) printed copy and one (1) digital copy of all other local, county, and State reports requested.

10

ARTICLE VII

CONSULT A. Once a month, upon the request of either party, there shall be a meeting among the

Association’s Chief Negotiator, the Association’s President and up to three additional representatives with the Assistant Superintendent of Personnel and up to three individuals who may offer expertise in the areas of interest for the purposes of consulting with the District on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent such matters are within the discretion of the public school employer under the law(Government Code 3453.2(a)).

11

12

ARTICLE VIII

CLASS SIZE A. The District will make a good faith effort to balance K-12 class loads. At grades 7-12, the

District will work with site administrators to balance class loads within the first four weeks of school. At grades 7-12, master schedule constraints may prohibit the balancing of classes.

1. There shall be a district-wide staffing ratio which is not greater than 30 to 1. CSR classrooms

and self-contained Special Education classrooms will not be included in the 30:1 ratio calculation per school.

2. For grades K-6 the maximum class size shall be 33. If a class exceeds 33, the District shall

make the necessary adjustments within 20 workdays. For grades K-3, the District shall maintain the average class size in accordance with state requirements pursuant to the Local Control Funding Formula. Reasonable efforts will be made to balance the number of mainstreamed special education students within a grade level.

3. If any kindergarten class (non CSR) exceeds 31 students for a period of 20 consecutive

school days, the class will be assigned a 3 ½ hour instructional paraprofessional for the remainder of the school year.

4. After the first 10 days of instruction in any school year, and whenever an individual 4-6 self-

contained class exceeds 32 students or whenever an individual K-3 self-contained class exceeds 25, the District shall provide the following relief:

$10.00 per day for purchase of instructional materials or other curriculum related materials/equipment for each student above 32 at grades 4-6, or above 25 at grades K-3. This budgetary enhancement remains in effect as long as the enrollment exceeds 32 or 25 as listed above. These funds will be available to teachers within 15 calendar days of the end of the attendance month when the funds are accrued and must be spent within the current fiscal year according to purchasing procedures and timelines.

5. If a teacher requests additional students, even though other classes are at a lower number, no

additional instructional material compensation will be granted, as provided for in three (3) above.

6. For Grades 7-12: Within 15 days after the beginning of each semester, the District shall

conduct a review of class sizes to determine class size averages within departments. The District will collect this data to report to the Association individual teacher student contacts, average class sizes by department plus class sizes for individual classes. Following the review, the District shall make good faith effort to maintain equitable class sizes during the remainder of the semester.

If at P-1, the class size average in any department with more than 15 sections exceeds 32.0, the District shall provide staffing for additional sections sufficient to reach the 32.0 average. Such new sections will be added by the start of the second week of the second semester. P.E., band, choral, dance, leadership, work experience and CSR classes will not be included in the averages.

13

7. For grades 7-12, within 8 instructional days after the beginning of school, the maximum class size will be 35 for all classes except for P.E.. For continuation and opportunity classes, the maximum class size will be 25. The maximum class size for P.E. will be 48 except for Sports P.E. at the comprehensive high schools. For continuation and opportunity classes, the maximum class size for P.E. will be 34. The above standard shall neither apply to classes for which a stipend is also paid nor to singleton classes as specified: Leadership, Band and Choral classes, Work Experience, ROP classes, GATE, and Drama classes.

8. The above paragraph (#6) may be waived by individual teachers for specific classes or

periods of time. The waiver must be in writing.

9. Class size averages for each 7-12 teacher shall be calculated at P-1. Any teacher with an average class size of 33 students will be provided $30 per section for the purchase of instructional materials or other curriculum related/equipment. Any teacher with an average class size of 34 students will be provided $50 per section for the purchase of instructional materials or other curriculum related materials/equipment. Any teacher with an average class size of 35 students will be provided $70 per section for the purchase of instructional materials or other curriculum related materials/equipment. These amounts are not cumulative. P.E., band, choral, dance, leadership and work experience sections shall not be considered in the average and payments shall not be made for such courses.

B. Grade Range staffing formulas will be calculated as follows:

1. Grade Ranges are:

a. 9-12 comprehensive high schools

b. 7-8 junior high schools

c. K-6 elementary schools

d. 8-12 continuation high schools and opportunity classes

2. The staffing formula for a site or grade range, excluding Endeavor, is the projected average

enrollment for the site or grade range multiplied by the number of students periods divided by the number of teacher periods divided by class size. The staffing for K-6 schools will use District-wide enrollment. The staffing for 7-12 schools will use school site enrollment. The resulting number equals the number of FTE’s required at that site or grade range (FTE’s will include teachers assigned to regular classrooms with regular student rosters and will not include nurses, librarians, counselors, and non- teaching periods for the activity director and athletic director).

3. The following factors will be used for the initial staffing formula:

a. For the comprehensive high schools (grades 9-12): student periods = 6 (allowance will be

made for additional 0/7 optional periods and CSR), teacher periods = 5, class size = 30.

14

b. For the junior high schools: (grades 7-8): student periods = 7, teacher periods = 6, class size = 30.

c. For the elementary schools district wide (grades K-6):

i). for classes participating in the state class size reduction program, student periods = 1, teacher periods = 1, class size = consistent with state funding guidelines.

ii). for classes not participating in class size reduction: student periods = 1, teacher periods = 1, class size = 30.

d. For continuation high schools and opportunity classes: student periods = 4, teacher

periods = 6, class size = 21. C. If changes to any of the factors in the staffing formula are desired at one site, including any

alternative/block schedule, the following process will be used.

1. Site staff discusses the desired change and makes every effort to reach consensus. During consensus building all viewpoints will be discussed. If consensus cannot be reached, a 2/3 majority will move the process to the next level.

2. After the decision is reached at the site, that decision with minority opinions represented will

be taken to the Superintendent for discussion at the district level. If any changes/clarification needs to be addressed, these will be communicated to the site.

3. After a decision is reached at the site, that decision with minority opinions represented will

be taken to the Association for discussion. If any changes/clarifications need to be addressed, these will be communicated to the site.

4. After discussions at the District and Association levels are complete, the proposed changes

will proceed to formal negotiations.

15

ARTICLE IX

YEAR ROUND SCHOOL A. Notification for increasing the number Year-Round-Schools

The District will formally notify the Association President as early as possible, but in no case later than a recommendation to the Board, before increasing the number of Year Round Schools and bargain in good faith on matters relating to converting the sites.

B. Calendar

1. Beginning with the 2002/2003 school year, the Year-Round School Work year shall include

one hundred eighty-one (181) work days, made up of one hundred seventy-three (173) instructional days and eight (8) non-instructional days, of which three will be “buy-back” days, adjusted to provide four (4) tracks of approximately sixty (60) days of on-track instruction and twenty (20) days of off-track vacation or intersession. A majority of the time shall be allotted for teachers to work in their classrooms and prepare lessons during designated track-on-days.

2. A minimum day at the end of each track shall be provided within the total annual minutes.

No tracking on or tracking off teachers will be required to attend district in-services, workshops, or other meetings scheduled on these days, except for meetings with the site principal. The teachers’ workday on track-on/off days shall be of regular length unless excused by the site principal.

C. Support Services

1. Employees may choose to provide services on different student attendance days from those

on the regular work calendar without changing the number of workdays. Employees who choose to do so may change their schedule on a yearly basis.

2. An employee will be permitted to work beyond his/her regular instructional day’s

assignment at district request. These additional workdays will be paid at the per diem rate of the employee. Substituting and intersession assignments are not included in this section.

3. Support personnel, including classroom aides, will be provided by the District to year-round

education as funds allow. D. Working Conditions

1. Teachers are responsible for storing materials in available storage units prior to

District/school staff help. The District will move the secure movable storage units from one room to another at each room change. These moves will be accomplished at a time that will not interfere with the existing educational program.

2. Maintaining kindergarten and first grade in the same room for any given school year will be a

District priority, if possible.

16

E. Salary shall be as per Article XXIV (Salary Schedule) and the certificated salary schedule with the following additional considerations:

1. Pay periods will overlap for employees beginning year-round school or employees

transferring into year-round schools.

2. Negotiated salary increases shall begin with the employee’s contract year.

3. Additional pay for extended year shall be on a per diem basis.

4. Professional growth salary adjustments shall be as per Article XX. F. Off-Track Employees

1. Off-track employees shall not be required to attend site or district meetings but may attend

if they desire. Off-track teachers may be paid at the curriculum participant rate. Authorization for this payment must be obtained from the superintendent or assistant superintendent for Educational Services.

2. The District will communicate to off-track employees any crucial information given to on-

track employees. At the minimum, information will be mailed to the employee’s address on file.

3. The District will attempt to offer District-sponsored courses to meet the needs of all

teachers. G. Intersessions

1. If intersession services are provided, district off-track employees will be given first

consideration for employment.

2. Salary will be at the summer school rate of pay. H. Involvement in District Activities

1. Committees addressing problems and adjustments concerning year-round education shall

have teacher representation.

2. Employees assigned to the Year-Round Education Program shall be provided with a reasonable opportunity to serve as mentor teachers, participate on District committees, SIP activities, professional growth conferences, or in any leave specified in the Agreement. The district will involve all employees in the Year-round Education Program in any District elections, surveys, or questionnaires.

I. The district will attempt to equitably distribute students and balance class size among the tracks.

J. Year Round School Start-up

17

1. Initial assignment of employees to the year-round school site shall be on the following basis:

a. Employees working at a site designated for year-round school shall be given the option to remain at that site.

b. Track selection will be determined by the following criteria:

1. Teachers will meet by grade level and voluntarily determine tracks. If teachers agree, the track selection process is complete.

2. If teachers cannot agree, tracks are selected by district seniority within that grade

level before other assignments to that grade level are made. If a track requires a specific credential, assignment will be made by District seniority and appropriate credentialing.

3. Teachers within the year-round school shall have first priority for reassignment to

other tracks within their grade level or to other grade levels within the school. K. Kindergarten Teams

Kindergarten employees will be tracked by team and yearly alternate a.m. and p.m. sessions unless otherwise agreed to by the teachers and principal.

L. Transfers

Employees transferring in or out of a year-round school site shall move themselves with CUSD assistance provided, as help is currently available.

18

ARTICLE X

TEACHING HOURS A. The certificated employee’s traditional year work calendar shall consist of one hundred eighty-

five (185) work days which will consist of one hundred eighty (180) instructional days and five (5) non-instructional days, three (3) of which will be full teacher workdays and two (2) of which will be full Professional Development Days. The District will provide the CUTA Negotiation Chairman with a bell schedule for each site at least 10 (ten) workdays before the start of the school year.

Commencing with the 2014-2015 school year, two required additional per diem professional development days (increasing and improving services for students) shall be added. The salary schedule in 2014-2015 shall be increased by 1.08% to reflect these two additional days.

The District and Association shall mutually agree to the placement of these days as per the agreed upon calendar. Should the District, at its discretion, reduce the number of these days, the District shall notify the Association by March 1 of the school year prior to the impacted year. Should the days be reduced, the salary schedule shall be reduced by 0.54% per reduced day.

B. The starting and ending times, for each school, for the regular school day are attached to this

article. The District may change these starting/ending times. Prior to making any changes in the length of the teacher’s workday or in the number of instructional minutes will be made only upon mutual agreement of the District and Association. No regular student day will start before 7:30 AM. For traditional elementary schools, the regular student day will be 405 minutes, including 310 instructional minutes, 45 minute student lunch, 30 minute for teacher prep (as per section G of this article) and two 10 minute recesses for those elementary students who have two hours or more between when they come in from their last break and the end of the day. For those elementary students who have less than two hours between their last break and the end of the school day, by mutual agreement between the site administrator and site representative, the affected grade levels may elect to take one twenty minute recess in the am versus the two ten minute recesses. Schools will have the following total annual instructional minutes, plus or minus 90 minutes: K=36,000 minutes for ½ day kindergarten; Grades 1-6 and full day kindergarten = 54,641, Grades 9-12 = 64,890. Effective with the commencement of the 2007/2008 school year, passing periods at comprehensive high schools will not be less than 6 minutes. Grades 7-8 will have a minimum of 57,900 instructional minutes, with the number of minutes for passing periods and nutrition breaks consistent across Junior High Schools.

For Professional Development Days or any full workday that a teacher is released from their teaching duties for Professional Development the teacher workday shall consist of 5.5 hours of in service time, a 30 minute duty free lunch, and two 10 minute breaks. Teacher daily prep time will occur either prior to the start or following the conclusion of the professional development day will be determined by the teacher and reported to the administrator upon request, and may include travel time. This will not negatively impact the additional prep time as provided in section H. The teacher workday shall be adjusted to accommodate these time frames.

On teacher workdays on non-student days, the workday shall start and end as on the regular student days.

19

Classroom teachers assigned to multiple school sites as part of their regular day assignment will receive a stipend of $500.00 per year payable in two equal installments at the end of each semester commencing with the 2012-13 school year. Teachers will be reimbursed for mileage for required travel at the District approved rate and pursuant to District policies and procedures. This paragraph applies to regular classroom teachers and excludes itinerant staff, including but not limited to: nurses, speech pathologists, elementary physical education teachers, elementary music teachers, independent study teachers, inclusion specialists, adaptive physical education teachers, librarians, counselors, instructional coaches, and staff providing services for severely handicapped students.

C. Transitional Kindergarten/Kindergarten:

AM Kindergarten will not start earlier than 20 minutes before the start of grades 1-6. PM Kindergarten will not end later than the designated school ending time.

The District-wide full day kindergarten program shall consist of the following:

1. All kindergarten students shall attend a full-day program for the entire student instructional

year.

2. A paraprofessional shall be assigned to each full-day kindergarten classroom for 180 minutes per day in the morning.

3. Each Paraprofessional assigned to a kindergarten classroom shall perform duties as directed

by a kindergarten teacher, except in the event of a “rainy day” schedule. During a “rainy day” schedule, the Principal or Principal’s designee may direct the duties performed by the Paraprofessionals.

4. If the District does not provide the Paraprofessionals to the full-day kindergarten program

pursuant to this section, or should there no longer be class size reduction at the kindergarten level, the full-day kindergarten program shall return to the ½ day kindergarten schedule. The return to a ½ day kindergarten schedule shall only occur at the commencement of a trimester or school year.

5. The kindergarten student instructional day during the full-day schedule shall end 10 minutes

prior to the end of the student instructional day for Grades 1-6. Kindergarten teachers shall use the 10 minutes to take the students to the bus or to supervise students for parent pick- up. Kindergarten teachers will be subject to same site supervision duties as listed in Article X (P3) in addition to bus/parent pick up supervision outlined in this subdivision as long as full day kindergarten is in place.

6. There shall be no more than two (2) mainstreamed special day students (students who are

not assigned to the teacher’s classroom roster) at any given time in any K classroom and the District shall make reasonable efforts to equally distribute these mainstreamed students between classes.

20

7. The District shall provide an additional twenty (20) hours per kindergarten teacher of paraprofessional support within the first trimester of the school year.

8. Kindergarten teachers will be offered/provided an additional six (6) hours of collaboration

during the school year.

9. For 2015-2016, the District will offer Kindergarten teachers up to ten (10) hours of additional Performance Contract time during the first trimester for the purpose of lesson planning and/or assessment of students at the contracted curriculum rate of pay. These hours will be subject to the same documentation requirements as any other Performance Contract. This pilot will be assessed by December 31 of 2015 and may continue in ensuing years at the District’s discretion.

D. Teachers may be employed to teach an extra class/period. This would extend their day and

require the teachers to be at school the length of the extra class/period. Teachers employed under this section will be paid at a rate that is equal to 1/6 his/her salary rate. After a need has been determined and announced, it will be posted district wide for five days. Teachers will be selected for an extended day assignment by the principal, in consultation with the chairperson of the department involved. Criteria for selection of teachers will be subject area experience, appropriate credential, seniority, and program need.

E. Certificated employees in grades 7 through 12 shall have no more than three (3) different subject

matter preparations unless mutually agreed by the certificated employee and the principal and a waiver is signed off before the first class. Different subject matter preparation is defined as any separate course title contained in each 7-12 schools’ master schedule of course offerings.

1. The following multi-disciplinary courses are examples of one preparation: special day

classes, resource specialist program, Title I, and G.A.T.E. Any change in current practices will be made only upon mutual agreement of the District and Association.

2. In-school work experience and independent study contracts between individual certificated

employees and students are exempted from the “preparation” provision of this contract.

3. An Advisory/Homeroom class shall not be considered a preparation period. The Advisory/Homeroom class may be implemented by a 2/3 vote of certificated full-time classroom teachers assigned to each site. The Advisory/Homeroom class schedule will terminate, at any time, following a vote of a simple majority of certificated full-time classroom teachers assigned to each site and the school will be returned to the previous schedule. Voting will occur for implementation/termination when requested by 20% of the certificated full-time classroom teachers assigned to each site. All voting will be counted jointly by the site administration and the Association. All Association representatives will be approved by the CUTA Executive Board.

4. An Advisory/Homeroom Class will only be implemented at the start of a school year. The

first year’s advisory/homeroom class schedule/calendar will be available before a vote occurs. An advisory/homeroom class will cease to exist at any site when the advisory/homeroom class schedule/calendar is not available by the first day of the school year and the school will be returned to the previous schedule.

21

F. Grade 7-12 certificated employees shall have the equivalent of one (1) class period as an unassigned prep period each day.

G. Planning Time

1. For Grades 7-12 (excluding alternative education programs), planning time will be

implemented. Planning time may be scheduled weekly for a period up to one and a half hours in the morning before students arrive upon approval of the Board of Trustees. Planning time will not start earlier than 15 minutes before the start of the normal student day. All voting referenced below will be counted jointly by the site administration and the Association. All Association representatives will be approved by the CUTA Executive Board.

a. Each Principal shall seek input regarding quality and content of professional

development offered during collaboration time. b. Association may request a Consult (as per Article VII) to review content and

structure of collaboration time. c. Following a Consult, voting will occur for ending planning time at a site

when requested by 20% of the certificated full time classroom teachers assigned to the site. Such a request must be submitted by March 15th with voting occurring by May 1st.

d. Planning time will end following a vote of 60% of the certificated full time teachers assigned to the site, subject to the timelines in e. below

e. Upon a vote to end planning time, a Consult between CUTA Leadership and CUSD Administration will determine the parameters for returning the site back to a pre-collaboration schedule. In no event shall planning time cease earlier than the start of the next school year.

f. A school that has voted to end planning time, may reinstate planning time following a 60% vote of the certificated full time classroom teachers assigned to the site when requested by 20% of the certificated full time classroom teachers assigned to the site, subject to the same timelines as listed in c. above

2. When implementing or reinstating planning time it will only begin at the start of a school

year. The year’s planning time schedule/calendar will be available before a vote occurs. H. Elementary Prep Time

1. Elementary certificated employees (excluding elementary itinerant music and elementary

itinerant physical education teachers) shall have a minimum of five hours of prep time during a two week period. Grade kindergarten – 3 classroom teachers will have one (1) additional preparation period of 45 consecutive minutes each at least 34 times within the school year. Grades 4-6 classroom teachers will have two (2) additional preparation periods of 45 minutes each (at least 61 times within the school year).

2. Elementary itinerant music and itinerant elementary physical education teachers shall have a

minimum of five hours of prep time during a two-week period. Itinerant music and itinerant physical education teachers will have 25-1/2 hours of additional preparation during the year, but the time need not be consecutive.

I. On campus elementary school safety patrol coordinators are exempted from site daily-duty

schedules.

22

J. Librarians, one lead district nurse, and counselors shall work ten (10) additional days at the per diem rate at the District’s discretion. The scheduling of the additional workdays shall be mutually agreed upon by the employee and the site administrator. The librarians, lead district nurse, and counselors shall work a professional workday.

K. The certificated employees’ workday shall include at least a thirty (30) consecutive minute duty

free lunch. The district will provide appropriate supervision to accomplish this. L. There will be not more than one (1) required full staff/department/grade level meeting per

week. (There will not be more than three (3) required full staff meetings per month at schools that having planning time at least one time per month.) No single staff/department/grade level meeting may exceed 75 minutes and the total for all staff/department/grade level meetings in a calendar month may not exceed 240 minutes. There will be one department/grade level meeting held per month of 60 minutes in duration. For those sites with planning time, the total for all staff meetings in a calendar month may not exceed 180 minutes. Teachers will not be required to attend faculty meetings that are not contiguous to the teachers’ workday. No faculty meeting will start before 7:00 AM. The structure, content and whether staff members make presentations at each staff meeting shall be determined by the District. No staff meeting will be held during a week where there is a minimum day in service.

M. Each certificated employee will work a professional workday and may leave school at the end of

the teacher’s workday except when meeting professional responsibilities. N. K-12 certificated employees shall be required to report for duty fifteen (15) minutes before the

start of the students’ regular school day, except when meeting the site duty schedule or scheduled faculty meetings. Duties will be assigned equitably to meet the student supervision and safety requirements of the site.

O. Employees are permitted to exchange instructional days if an appropriately credentialed teacher

on his/her non-work day assumes the instructional duties of another district teacher. The site administrator shall be notified by the employee prior to the exchange period. Such arrangements shall not impact other leaves set forth elsewhere in this contract.

P. Adjunct duties are considered to be part of a unit member’s professional obligation at grades 7-

12.

1. For grades 9-12, by the start of the unit member’s first work day a list of adjunct duties will be made available and unit members will be allowed to choose the three they wish to perform. In the event that an adjunct duty is selected by more than one unit member, the duty will go to the unit member with the most seniority at the CUSD comprehensive high schools. If, after the end of the unit member’s last work day, before the start of the first student day of the school year, a unit member does not choose three adjunct duties they may be assigned. A unit member must be given notice at least 10 workdays in advance to change an assigned adjunct duty. Unit members may volunteer for, but will not be assigned duties during weekends, holidays, or vacation periods. Unit members will have the option of having other unit members cover their duties by mutual agreement among the unit members involved. The combined total time of the three adjunct duties will not exceed nine (9) hours.

23

2. For grades 7-8 site supervision and/or adjunct duties at the junior high schools will not exceed nine (9) hours per year. By the start of the unit member’s first work day a list of adjunct duties and site supervision will be made available and unit members will be allowed to choose the nine hours they wish to perform. In the event that an adjunct duty or site supervision is selected by more than one unit member, the duty will go to the unit member with the most seniority at the CUSD junior high schools. If, after the end of the unit member’s last work day, before the start of the first student day of the school day of the school year, a unit member does not choose nine hours worth of site supervision or adjunct duties they may be assigned. A unit member must be given notice at least 10 workdays in advance to change an assigned adjunct duty. Unit members may volunteer for, but will not be assigned duties during weekends, holiday, or vacation periods. Unit members will have the option of having other unit members cover their duties by mutual agreement among the unit members involved.

3. Site supervision duties for grades 1-6 (inclusive of before school supervision, two (2) ten

(10) minute or one (1) twenty (20) minute recess (es), and after school supervision) will not exceed fourteen hundred (1,400) minutes per school year. By the start of the unit member’s first work day, a tentative year-long schedule of site supervision duties will be made available to unit members. With prior notice to the site principal, unit members will have the option of exchanging site supervision duty assignments by mutual agreement among the unit members involved. The minutes delineated above do not include activities in which the teacher is supervising his/her own class (e.g., escorting students to and from class at the beginning or end of the school day, to and from lunch, recess or physical/music education, or supervision during rainy day schedule) or minutes that the teacher volunteers to supervise students outside the duty schedule. Subsection P3 shall be effective with the 2013-2014 school year; however, the District shall make a good faith effort to bring sites into alignment with this subsection upon execution of this Tentative Agreement.

Q. Twice during the school year unit members may be asked to return to “Open House” or “Back

to School” night functions. Each unit member’s attendance will be required. These events will end no later than 8:30 PM.

R. “In lieu of” time is defined as the performance of substitute service by (K-12) employees during

their assigned preparation periods, or before or after their normal teaching day, in exchange for in lieu of time off.

1. Time off for such service shall be granted on a period for period basis up to a maximum of

18 periods, or three (3) full days.

2. In lieu of time may be granted in portions of one period or more upon application to and approval by the principal. If denied, the principal will provide a written explanation to the employee. Under normal circumstances in lieu of time will not be granted during the first or last week of each semester, nor during the first or last week of a track.

3. Performance of in lieu of time service shall first be solicited on a voluntary basis. In the

event that no volunteer can be found, employees may be equitably assigned on an occasional basis to perform in lieu of time service.

4. Accumulated in lieu of time may be transferred from one employee to another. The site

administrator shall be notified by the employees prior to this transfer. Such arrangements will be handled in the same manner as exchange days.

24

5. Employees must decide by June 10th of each year whether they want to be paid at the rate being paid to retiree substitutes per six period day or fraction thereof for the balance of their in lieu of time or carry over their in lieu of time to the ensuing year.

S. Comprehensive high school’s instructional day will be configured as periods 1-6. An optional

zero and/or 7th period may provide additional course opportunities for students.

1. The teacher’s normal workday will consist of five (5) teaching periods, one (1) prep period, and (1) lunch period. The normal teaching day will consist of 1st – 6th period, unless there is a need to assign to periods 2nd-7th. In such cases the preference of all staff members will be taken into account. No involuntary assignment shall be made to periods 2-7.

2. By specific agreement of the teacher(s) involved, two periods may be combined together to

make one block, but it would count as two teaching periods.

3. If mutually agreed between the teacher and principal, a comprehensive high school teacher may be assigned over the seven period days, five (5) teaching periods, one (1) prep period, one (1) lunch period (for instance, periods 1-3 and 5-7). Failure to mutually agree shall not cause any reprisals or negative actions towards the teacher.

4. Any period at the comprehensive high school which ends within 22 minutes prior to the

beginning of the first period class or begins within 22 minutes of the close of the 6th period is a regular class and falls under the provisions of this section S. Any class at the comprehensive high school which ends 22 or more minutes before the start of 1st period or begins 23 minutes or more after the close of the 6th period is a Supplemental Instructional Class, does not fall within the provisions of the Section S, and the teacher shall be paid as supplemental, part time hourly teacher pursuant to Article XXIV. Such a teacher shall also be provided with 10 minutes of preparation time for each half-hour of class instructional time, not to exceed 30 minutes per class session.

T. Preschool/Headstart teachers will work a 6 ½ -hour professional workday, as defined in section

M, including a 30 minute duty free lunch.

1. Preschool/Headstart teachers will have 60 minutes unassigned prep per day 2. Teaches will use the remaining workday minutes supporting instruction and completing

required documentation. U. Itinerant certificated staff will work the same workday as other certificated teachers at the

assigned site. V. Combination Classes

1. Combination classes for grades K-6 will be used only when necessary.

2. Teachers assigned to combination classes will be given notice of such assignment as soon as

possible before the start of the assignment. Teachers without teaching experience will not be assigned to a combination class the first year they are employed in the District unless there is no other option. If possible, combination classes will be staffed by volunteers. If no teacher volunteers, the class will be staffed on a rotating basis with the first year assignment going to the grade level teacher at that site who has the least seniority in the District.

25

3. Teachers affected by combination classes will be involved in selecting the students placed in the class.

4. Curriculum development and training opportunities will be made available.

5. Teachers of K-6 combination classes (see definition in Article III) will be paid a stipend (see

stipend schedule). W. A credentialed teacher may be designated to serve as a Teacher in Charge. The Teacher in

Charge shall be paid a stipend (see stipend schedule). If necessary the District will supply a substitute for the Teacher in Charge.

X. Teachers starting work in this District after August 1, 2002 in grades 7-12, and assigned to teach

Physical Education 50-60% of their teaching assignment, may be required to coach one sport. Teachers starting work in this District after August 1, 2002 in grades 7-12, assigned to teach Physical Education more than 60% of their teaching assignment, may be required to coach at least two (2) sport teams, or one (1) sport if the stipend for that one sport is twelve (12) units or more, during the school year. Teachers who voluntarily request a change of assignment to PE or voluntarily transfer to another site to teach PE, may be required to coach one sport if teaching PE 50-60% of their teaching assignment, and may be required to coach two sports if teaching more than 60% of their teaching assignment, regardless of when they were hired.

Y. Jr. High Parent Teacher Conferences

1. The principal may elect to offer one parent/teacher conference evening during the fall of

the year. The benefits of offering an evening parent/teacher conference will be reviewed annually by the principal and site faculty.

2. If a fall parent/teacher conference evening is offered, the teachers will work a minimum day

on the following Friday and will be free to leave when the students leave.

3. The “Open House” night which is provided for in the contract may be used as a parent/teacher conference night or a combination “Open House” and parent/teacher conference.

4. Any parent/teacher conference evening will not last more than two hours and will be

scheduled between 5:00 and 8:00 PM.

5. This agreement applies only to junior high schools and will not be expanded to other sites or other grade levels unless agreed by the Association.

Z. Short-Term Independent Study Contracts, Home and Hospital Duties

1. Teachers of record shall provide sufficient assignments, clear instructions, and evaluation of

said assignments for students on Short-Term Independent Study (IS) or Home and Hospital.

2. It shall be the duty of the Home and Hospital teachers to deliver, teach, and gather homework (completed or not), and return it to the assigned Teacher(s) of Record.

26

3. It shall be the duty and responsibility of the Teacher(s) of Record to evaluate the homework performed by the contracted IS student or delivered by the Home and Hospital teacher. The Teacher(s) of Record shall evaluate student work and assign grades.

27

ARTICLE XI

JOB SHARING/PARTIAL CONTRACT Although the District believes that full-time certificated employees are in the best interest of the District’s educational programs, the following types of contracted positions may be instituted at the District’s discretion.

A. To meet District personnel needs, any two permanent certificated employees who want to share

a single contracted position or one certificated employee who wants to work a partial contract, may do so with the consent of the District and the site administrator. Participants’ workdays will be scheduled and arranged by the site administrator. Job share participants shall be required to work half of the student days plus the first and the last student day of each school year. Job share and partial contracted participants of 50% or more shall be required to work the additional teacher professional development/work days. A job share or partial contracted participant less than 50% shall only be required to work the proportion of these days equivalent to their percentage of full time.

B. Each participant will take part in all scheduled activities that apply to him/her on his/her

assigned days. This includes, but is not limited to, school committees, staff meetings; lesson planning, extra duty schedules, testing, workshops, and in-service sessions which would be applicable to a certificated employee in the same position on a full-time basis. Job Share participants will conduct parent conferences jointly. This language supersedes the contiguous language in Article X (L) unless the job share/partial contracted participant is less than 50%.

C. Each participant will be responsible for all official records including attendance, progress

reports, report cards, and reports on pupil progress toward academic standards. (Stull Bill) D. Should a job share participant be unable to fulfill his/her teaching obligation for any reason that

may include, but is not limited to, death, illness, or resignation, the other participant shall assume full-time responsibility where possible until a suitable substitute can be employed.

E. Any certificated employee who shares a position with another certificated employee shall enjoy

any and all rights and privileges normally enjoyed by a full-time certificated employee. The district will pay health and welfare benefits at the employee only rate. All job-sharing participants will be paid at the same salary level as a full–time certificated employee of the same experience and education with the exception that they will receive a percentage of the gross pay equal to their portion of the job. Year for year step advancement and professional growth requirements will apply the same as if they held a full-time position. Job share employees will accrue sick leave at a prorated share proportionate to the employee’s percentage of full-time.

Any certificated employee who holds a partial contract position will be paid at the same salary level as a full-time certificated employee of the same experience and education with the exception that they will receive a percentage of the gross pay equal to their portion of the position he/she holds. The district will pay health and welfare benefits for partial contracts of 50% or more at the employee only rate.

F. Job sharing and/or partial contract positions exist on a year-to-year basis at the District’s

discretion. Conditions of the position may be renegotiated yearly.

28

G. In the event that a job sharing partnership or a partial contract position is discontinued, the participants may remain at the same school, or be transferred to another school, at the District’s discretion. Criteria for the decision of teacher placement will be teacher request, available job vacancies, seniority, credential and experience, school and program needs, and district need. Teachers in a discontinued job share/partial contract will be eligible for full time employment if they were once full time employees, and an appropriate full time vacancy exists.

H. In order to provide legally required reasonable accommodation for a permanent teacher who

cannot find a permanent employee within CUSD to job share/partial contract, the District may employ a qualified credentialed candidate in a temporary, one year job share/partial contract. All other sections of A above and sections B-F will apply.

29

CERES UNIFIED SCHOOL DISTRICT

MEMORANDUM OF AGREEMENT FOR A JOB SHARE

School Site: Grade: School Year

Participants:

1. Participants’ work days will be scheduled by the site administrator. Both Participants shall be required to work half of the student days plus the first and the last student day of each school year. Participants of job shares 50% or more shall be required to work the additional teacher work days/professional development days. A job share participant less than 50% shall only be required to work the proportion of these days equivalent to their percentage of full time.

2. This agreement is for the school year only. 3. Each participant will participate in all scheduled activities in his/her assigned day. This includes, but is not

limited to, school committees, staff meetings, lesson planning, extra duty schedules, testing, workshops and in- service sessions, etc. Any variation must have prior approval by the principal. This language supersedes the contiguous language in Article X (L), unless the job share participant is less than 50%.

4. Participants will conduct parent conferences jointly and attend scheduled “Back to School Night” and/or “Open House.”

5. Each participant will be responsible for all official records such as attendance, homework reports, and student progress reports.

6. Should either participant be unable to fulfill his/her teaching obligation for any reason which might include, but is not limited to death, prolonged illness, or resignation, the other participant shall assume full-time responsibility for the assignment, at the contract rate of pay, until a suitable replacement is employed.

7. If and when a substitute is required, the other participant will assume responsibility for the class if at all possible, paid at the off-track daily substitute rate.

8. The district will pay health and welfare benefits in accordance with Article XXII, Section B. 9. Year-for-year step advancement and professional growth requirements will apply the same as for a full-time

position, if employed at least 50% of the time. You must accumulate at least 50% of a year of service credit to move. Ex.: Yr 1 – 20% contract – initial salary placement Yr 1 – 40 % - initial salary placement

Yr 2 – 20% contract – no movement Yr 2 – 40% - no movement Yr 3 – 20% contract – no movement Yr 3 – 40% - step advancement Yr 4 – 20% contract – step advancement Yr 4 – 40% - no movement

10. Sick leave entitlement and salary are equal to the percentage of full time equivalent. 11. In the event that a job share partnership is discontinued the participants may remain at the same school, or be

transferred to another school, at the district’s discretion. Teachers in a discontinued job share will be eligible for full time employment if they were once full time employees and an appropriate full time vacancy exists.

I accept the above provisions and restrictions of a divided job assignment.

Participants Signature Date Principal Signature Date

Asst. Supt., Personnel Date

30


MEMORANDUM OF AGREEMENT FOR PARTIAL CONTRACTS

School Site: Grade: School Year

Participants:

1. Participant’s work days will be scheduled by the site administrator. 2. This agreement is for the school year only. 3. Each partially contracted participant of 50% or more will participate in all scheduled activities in his/her

assigned day. This includes, but is not limited to, school committees, staff meetings, lesson planning, extra duty schedules, testing, workshops and in- service sessions, etc. This language supersedes the contiguous language in Article X (L), unless the partially contracted participant is less than 50% Any variation must have prior approval by the principal. Participants shall be required to work the additional teacher work days/ professional development days.

4. A partially contracted participant less than 50% shall only be required to work the proportion of these days equivalent to their percentage of full time.

5. Participants will conduct parent conferences and attend scheduled “Back to School Night” and “Open House”.

6. Participants will be responsible for all official records such as attendance, homework reports, and student progress reports.

7. The district will pay health and welfare benefits in accordance with Article XXII, Section B 8. Year-for-year step advancement and professional growth requirements will apply the same as for a full-time

position, if employed at least 50% of the time. You must accumulate at least 50% of a year of service credit to move forward on the salary schedule. Ex: Yr 1 - 20% contract – initial salary placement Yr. 1 - 40% - initial salary placement

Yr 2 - 20% contract – no movement Yr 2 – 40% - no movement Yr 3 – 20% contract – no movement Yr 3 – 40% - step advancement Yr 4 – 20% contract – step advancement Yr 2 – 40% - no movement

9. Sick leave entitlement and salary are equal to the percentage of full time equivalent. 10. In the event that a partial job contract is discontinued, the participant may remain at the same school, or be

transferred to another school, at the district’s discretion. Teachers in a discontinued partial contract will be eligible for full time employment if they were once full time employees and an appropriate full time vacancy exists.

I accept the above provisions and restrictions of a partial contract assignment.

Participant’s Signature Date Supervisor’s Signature Date

Asst. Supt., Personnel Date

ARTICLE XII

CERTIFICATED EMPLOYEE SAFETY A. Bargaining unit members shall not be required to work in unsafe conditions or to perform tasks

that endanger their health, safety or wellbeing. B. Upon notification, the District shall investigate and eliminate or correct any unsafe or hazardous

condition as soon as possible. C. Any certificated employee who observes a working condition that he/she believes to be unsafe

or unhealthy, shall report such condition in writing, including the reasons for believing it to be unsafe or unhealthy to his/her immediate supervisor. The district shall investigate and provide a written or oral action plan to address the health and safety items.

D. Certificated employees shall, immediately and in writing, report cases of assault, threatened

assault, or sexual harassment suffered by them in connection with their employment. Such reports will be investigated and appropriate action taken. Upon completion of the investigation, the complainant shall be notified that the matter has been addressed and that further concerns should be reported. Such reports will be held confidential.

E. The District will make available to all certificated employees a publication containing pertinent

information relating to certificated employees and the education code. F. The District will provide appropriate certificated employees information regarding students as

required by law under Education Code Section 49079. Any information received by a teacher pursuant to Section 49079 shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated.

G. Qualified and trained nurses shall be the only bargaining unit members to provide and conduct

necessary specialized health care procedures, including but not limited to personal hygiene procedures for students.

31

32

ARTICLE XIII

CERTIFICATED EMPLOYEE TRANSFER AND REASSIGNMENT

A. Definitions

1. “Voluntary transfer” shall mean the movement of a certificated employee from one work location to another work location at a different site with the certificated employee’s agreement.

2. “Involuntary transfer” shall mean the movement of a certificated employee from one work

location to another work location at a different site without the certificated employee’s agreement.

3. “Voluntary reassignment” shall mean placement in another department (grades 7-12 or

departmentalized settings), track, or grade level (grades K-6 or self-contained setting other than special education) at the same location with the certificated employee’s agreement.

4. “Involuntary reassignment” shall mean placement in another department (grades 7-12 or

departmentalized settings), track, or grade level (grades K-6 or self-contained setting other than special education) at the same location without the certificated employee’s agreement.

5. “Vacancy” shall mean any vacated or newly created position that requires a job posting to fill

as determined by the District (after internal site movements have been completed). B. Initiating requests for transfer or reassignment

1. “Transfer request” – in order to be considered for transfer (to a new location), a certificated

employee must submit an application through the District’s application process. (See sections E and F below).

2. “Reassignment requests” – by January 15th of each year, each site administrator will email site staff for the purpose of seeking employee reassignment preferences (“reassignment requests”) at the site for the following school year. Such “reassignment requests” – shall be made in writing by January 31st to the site administrator. The decision to grant or deny the written request(s) shall be at the sole discretion of the site administrator. In the event that a position is posted, a certificated employee at a school site may use the process in section B1 to apply for a vacancy at their current site.

3. Credentialing, district-wide seniority and program needs will be the primary factors

considered in deciding a voluntary transfer request or reassignment. C. Involuntary transfers and reassignments

1. District and/or program needs may determine the necessity for involuntary transfers or

reassignments.

33

2. Prior to executing an involuntary transfer and/or reassignment, the following procedures shall be followed:

a. The certificated employee being transferred and/or reassigned will be contacted in

person by their last workday of the current school year, except when filing summer vacancies. If the certificated employee cannot be contacted in person or by telephone, a registered letter will be sent.

Should an involuntary reassignment notification occur after the last workday of the current school year, the affected employee shall be granted three (3) hours at the curriculum participant hourly rate. Should an involuntary reassignment occur within one (1) week prior to or after the start of the student school year, the affected employee shall be granted either six (6) hours at the curriculum participant hourly rate or one (1) release days.

Should an involuntary transfer notification occur after the last workday of the current school year, the affected employee shall be granted six (6) hours at the curriculum participant hourly rate. Should an involuntary transfer occur within one (1) week prior to or after the start of the student school year, the affected employee shall be granted either twelve (12) hours at the curriculum participant hourly rate or two (2) release days.

b. A meeting between the employee and the site administrator will occur prior to executing

an involuntary transfer or reassignment. The certificated employee being involuntarily transferred and/or reassigned shall be given reasons for the transfer and/or reassignment in writing at the time the transfer and/or reassignment is initiated. The employee may request a meeting with the Assistant Superintendent of Personnel or designee if the reason(s) provided are unacceptable to the employee.

c. Appropriate credential, special State authorizations, program needs, and District-wide

seniority will be factors in deciding which certificated employees should be involuntarily transferred and/or reassigned.

d. The certificated employee shall have the right to indicate a preference for any vacancies

that exist at the time of the transfer and/or reassignment.

e. The final decision for the transfer and/or reassignment shall be the responsibility of the administration.

f. If an involuntary transfer or reassignment is necessitated after the first teacher work day

due to changes in student enrollment, District-wide seniority will be the primary factor considered when deciding which certificated employee should be involuntarily transferred and/or reassigned, given that the certificated employee must be appropriately credentialed for the new position. Credentialing and program needs will be the secondary factors considered.

3. Involuntary transfers and reassignment shall not be arbitrary or capricious, but will be made

in the best interests of students and staff.

34

a. Effective for K-6 staffing beginning 2015-16 school year, members who have been involuntarily transferred or reassigned shall not be subject to involuntary transfer/reassignment for the following year unless credentialing or enrollment needs leave no other alternative.

b. Effective for K-6 staffing beginning 2015-16 involuntary transfer/reassignments for

K-6 will be limited to a change of three grade levels up or down from the current grade level (e.g. 1st grade teacher may not be transferred higher than 4th grade) unless, upon the principal’s recommendation, the move is approved by the Assistant Superintendent of Personnel or District Level Designee.

4. The District will provide the President of CUTA with documentation on any involuntary

transfer indicating the employees involved, criteria and reasons used in making each transfer upon written request.

D. Year Round Schools

1. Voluntary transfers shall be as per A and B of this article with the following exceptions:

a. Consideration may be given to site and district seniority.

b. Per Diem compensation will be made for additional days worked beyond the contract

year as a result of transfer. Completion of a contract year shall be determined by the total number of minutes worked. Any days over the total minutes will receive per diem pay. Any days less than total minutes required will be made up by the teacher (e.g. during intersession).

2. Involuntary transfers shall be as per A and C of this article with the following exceptions:

a. Employees being involuntarily transferred shall be notified two months prior to the first

day of their new teaching track whenever possible. If a transfer between tracks is not acceptable to the employee, transfer to a traditional school will be considered if an appropriate position exists as determined by administration.

b. If the transfer results in a loss of off-track days, compensation will be made on a per

diem basis for additional days worked. E. The District shall email to bargaining unit members a list of all posted vacancies.

F. Qualified district employees who apply shall be included in the interview process for vacancies

that are advertised by April 15th. Decisions shall be at the sole discretion of the site administrator. The District shall not be required to advertise or interview for a vacancy that occurs at the same site and grade level that has been previously advertised for the same year.

G. Preschool and kindergarten employees will annually alternate a.m. and p.m. sessions unless

otherwise agreed to by the involved teachers and the principal.

35

ARTICLE XIV

CERTIFICATED EMPLOYEE EVALUATION A. Evaluation and assessment

The evaluation guidelines set forth in the Education Code will be followed. Employee competency will be evaluated as it reasonably relates to:

1. The progress of pupils toward the standards established by the governing board at each

grade level in each area of study. The standards are to be made available to the evaluator and the evaluatee. The evaluation and assessment of a certificated employee’s competence, pursuant to this section, shall not include the use of publisher’s norms established by standardized tests. The District shall consult the Association about the instruments used to measure these standards.

2. The instructional techniques and strategies used by the employee.

3. The employee’s adherence to curricular objectives.

4. The establishment and maintenance of a suitable learning environment, within the scope of

the employee’s responsibilities.

5. School and District assigned duties

6. Professional Development B. Evaluation Process

1. The intent of evaluating employees is to maintain and/or improve the quality of education

in the District. The evaluation process, as applied to certificated employees, will utilize uniform procedures throughout the district. Each certificated employee evaluation will be supported by accurate and valid data from which judgments are to be made.

2. Within the first ten (10) workdays of the school year the site administrator(s) will hold an in-

service, for the entire certificated staff being evaluated that year, in which they will explain the uniform evaluation procedures and criteria to be used in the evaluation process. Attendance at this in-service will be mandatory.

3. Administrators shall formally evaluate each:

a. Permanent certificated employee every other year or every five years for those who have

been employed at least ten (10) years with the school district, are highly qualified, as defined in 20 U.S.C. Sec 7801 and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time (must be in writing).

36

b. Non-permanent certificated employee once per school year.

The administrator may elect to evaluate more frequently. Certificated employees have the right to request further evaluations.

Hourly categorical teachers may be excluded from this provision. The following categorically funded, temporary certificated staff, who has successfully served the District for two years, will subsequently be evaluated every other year: Preschool, Miller- Unruh, ROP and Title 1 funded teachers. If a unit member is scheduled to be evaluated during a particular school year, but is granted a leave of absence for one (1) semester or longer, such evaluation shall take place during the first year of return.

4. Teachers to be evaluated during a particular year shall be furnished a copy of the evaluation

procedures, advised of the criteria upon which the evaluation is to be based, and notified of their evaluator within the first thirty (30) work days of the year in which the evaluation is to take place. Any teacher desiring to use the alternative evaluation process (see section C) shall reach mutual agreement with his/her evaluator on an Alternative Evaluation Plan within the first 30 days of the school year. If such agreement is not reached, evaluation shall be the standard process.

5. The teacher being evaluated and the evaluator shall meet within the first forty-five (45)

workdays to:

a. Establish objectives to be achieved during the evaluation period.

(1) There will be three (3) objectives focused on student academic achievement and mutually agreed to by the evaluator and evaluatee. Measurements of student(s) performance will be based on at least one pre/post instrument of assessment. Additional measures of student growth may be project or performance-based assessments.

(2) Standards of performance will be reasonable, and will be mutually agreed to by the

teacher and evaluator.

(3) If circumstances change during the course of the evaluation period which require modification of the original objectives, changes shall be mutually agreed to by both the teacher and the evaluator.

b. Established a general timeline for one formal observation, post-observation conference

and final evaluation meeting. The evaluator and evaluatee will mutually agree on a specific date/time for this observation at least 5 days prior to the observation occurring.

6. Observations and Observation Conferences:

a. Non-permanent certificated employees shall be formally observed at least twice during

the evaluation year. The first formal observation/conference will be held within the first forty-five (45) workdays of the school year. The second formal observation/conference will be held by February 15. One observation shall be scheduled and one or more formal observation(s) may be unscheduled.

37

b. The evaluator shall endeavor to assist every probationary and temporary teacher that he/she observes and shall provide written recommendations for improvement as needed or required. Under no circumstance shall failure to comply with this provision prevent the District from releasing a probationary or temporary employee at the District’s sole discretion.

c. Permanent employee shall be formally observed once during the evaluation year, prior to

the distribution of the summary evaluation. However additional formal observations may occur following the scheduled formal observation at the discretion of the evaluator and may be either scheduled or unscheduled. The employee will be informed of the evaluator’s intent to do additional observations (scheduled or unscheduled). For each additional observation, the evaluator will provide the evaluatee a 5-day period within which the observation will occur. Certificated staff may request additional observations.

d. All formal observations will be at least 30 minutes in duration.

e. All formal observations will be followed within ten workdays by a post observation

conference. If illness prevents the conference from occurring within ten workdays, the evaluator and evaluatee will set an alternate date as soon as possible.

7. Summary Evaluation and Conference

a. No later than thirty (30) calendar days prior to the end of the teacher’s school year, the

Summary Evaluation Report shall be completed and given to the evaluate. The summary evaluation conference shall take place no later than fifteen calendar days prior to the end of the school year.

b. In the event the unit member disputes the content, the unit member may prepare a

written statement that shall be attached to the final evaluation. The final evaluation form shall contain only ratings of “effective” “requires improvement”, or “unsatisfactory” plus the narrative portion of the form completed by the evaluator.

1. To be classified as “unsatisfactory” an evaluatee must have been found to be

“unsatisfactory” in at least one of the first four categories as stated in Section A above and as incorporated into the Summary Evaluation Report.

2. A finding of “requires improvement” or “unsatisfactory” must be supported by

documentation and shall not be arbitrary and capricious.

c. Unit members shall not be required to participate in the district’s evaluation of unit members.

8. Signatures and Attachments

The completed observation and evaluation documents shall be signed by the evaluator and the evaluatee. The evaluatee’s signature does not necessarily denote agreement, but that the evaluation was received. The evaluatee may write a rebuttal or comment and have it attached to the observation or evaluation. The evaluatee will be given release time to prepare the rebuttal. The rebuttal or comment shall be signed by the evaluator and the evaluatee.

38

9. Remedial Action Plan

If deficiencies or weaknesses are cited on the evaluation or observation document, the evaluator, working with the evaluatee, shall develop a written remedial action plan for the purpose of assisting the evaluate to improve. The remedial action plan shall be attached to the observation/evaluation document and shall contain:

a. Areas where improvement is needed.

b. Specific suggestions for improvement of deficiencies or weak areas cited on the

evaluation or observation.

c. Specific plans of the evaluator to provide personal and resource assistance in a reasonable effort to help the teacher improve.

d. Techniques for the assessment of improvement.

The Remedial Action Plan shall be developed and signed by both parties within five (5) workdays from the date on the document leading to the development of the plan. The five-day period will be extended because of absence of either party. The Association may be involved in this process.

C. Alternative Evaluation Process

1. After five (5) years in the district, with successful evaluations, a member may use the

Alternative Evaluation Process. This alternative process may not be used for more than two (2) consecutive evaluation cycles.

2. Any Alternative Evaluation Plan shall be mutually agreed upon by the evaluatee and his/her

evaluator.

3. Within the first 30 workdays of the school year in which the evaluation is to take place, the evaluatee and evaluator must agree to the Alternative Evaluation Plan which will be used. If mutual agreement is not reached, the standard evaluation process shall be used.

4. The Alternative Evaluation Plan will include a timeline and criteria for successful

completion. The Alternative Evaluation Plan may include, but shall not be limited to:

a. Checklists 1. Self assessment 2. Shared

b. Consultants

39

c. Projects 1. BCLAD 2. National Board Certification 3. Curriculum 4. Colleague Collaboration 5. Research 6. Group 7. Other

d. Portfolios

e. Surveys

1. Peer 2. Student 3. Parent 4. Community

f. Other

D. Personnel Files

1. There shall be a single personnel file for each certificated employee. Personnel files shall be

kept in the district office building. Employees will be made aware of any information of a derogatory nature maintained by site or district administrators and any such information shall be destroyed at the end of the evaluation cycle or submitted to the District’s Personnel File.

2. Materials in the personnel file of a certificated employee, except as noted below, shall be

made available for inspection and copying by the certificated employee involved. Upon authorization by the certificated employee, an Association representative may review the certificated employee’s file or accompany him/her in his/her review of the file. Such authorization shall be submitted in writing to the personnel office.

3. Material which may be excluded from inspection shall be limited to ratings, reports or

records which were obtained prior to the employment of the certificated employee, were prepared by an identifiable examination committee, or were obtained in connection with a promotional examination. The employee may request that these documents be sealed and labeled as prior employment records.

4. Information of a derogatory nature, except material excluded in accordance with this

section, shall not be entered or filed unless and until the certificated employee is given notice and ten (10) workdays to review and comment thereon. Notice of delivery of the document to the employee should be documented by:

a. Notation of hand delivery, b. Signature of the employee, or c. Certified mail receipt.

40

A certificated employee shall have the right to enter, and have attached to any such derogatory statement, his/her own comments thereon. Such review, and any preparation of comments in response to the material and/or statement, shall be permitted to take place during normal business hours and the certificated employee may be given reasonable paid release time for this purpose.

5. Employees will be provided a copy of positive evaluative material placed in their personnel

file.

41

Ceres Unified School District

ELEMENTS OF CERTIFICATED EVALUATION Name: Site:

Position/Subject/Grade Level: Date:

-Probationary -Permanent -Temporary

This form documents that the evaluator and evaluatee met to discuss the following: I. Evaluation Criteria:

A. Instructional Process/Organization and Planning B. Adherence to Curricular Objectives C. Learning Environment D. Student Performance Objectives

E and F below may not be used as the basis for an overall composite unsatisfactory evaluation

E. School and District Assigned Duties F. Professional Development

II. Establish three objectives focused on student academic achievement. Measurements of

student performance will be based on at least on pre/post instrument of assessment. Additional measures of student growth may be project or performance- based assessments. (Attach the documents addressing the above.)

III. Discuss observation/evaluation procedures and timelines as stipulated in Article XIV of

the Contract.

IV. Other

I certify that I have met and discussed the elements upon which evaluation is to be based.

Evaluatee Signature Date

Evaluator Signature Name/Title Date

DISTRIBUTION: One copy to: Evaluator One copy to: Evaluatee Approved 10/03 CUTA/District

42


OBSERVATION FORM - Certificated Page of

Name: Site:

Class/Subject/Grade: Number of Students in Attendance:

Time of Observation: to Date:

A. Instructional Process/Organization and Planning

B. Adherence to Curricular Objectives

C. Learning Environment

Effective Requires Improvement Unsatisfactory

D. Commendations/Recommendations If any area is marked “Unsatisfactory” Remedial Action Plan must be completed.

Evaluator comments on each area listed above.


I certify that this report has been discussed with me. I understand my signature does not necessarily indicate agreement.

Evaluatee Signature Date

DISTRIBUTION: One copy to: Evaluator One copy to: Evaluatee

Approved 10/03 CUTA/District

43


CERTIFICATED SUMMARY EVALUATION REPORT

Name: Site:

Position/Subject/Grade Level: Date:

Time of Observation/s: to Date/s:

- Probationary - Permanent - Temporary Effective Requires Improvement Unsatisfactory

A. Instructional Process/Organization and Planning

B. Adherence to Curricular Objectives

C. Learning Environment

D. Meets Student Performance Objectives

Composite Evaluation from A-D above

E and F below may not be used as the basis for an overall composite unsatisfactory evaluation

E. School and District Assigned Duties

F. Professional Development

Commendations/Recommendations: If additional comments/pages are attached, check here.

OVERALL COMPOSITE EVALUATION A-F: Effective Requires Improvement Unsatisfactory

If Composite evaluation is less than effective, a Remedial Action Plan must be completed

Evaluated by: Name/Title Signature Date

I certify that this report has been discussed with me. I understand my signature does not necessarily indicate agreement. The evaluatee may, within ten (10) workdays, write a rebuttal or comment and have it attached to the observation or evaluation.

Evaluatee Signature Name/Title Date

Reviewed by: Signature Asst. Supt./Personnel Date

DISTRIBUTION: One copy to: Evaluator One copy to: Evaluatee

Approved 10/03CUTA/District

44


REMEDIAL ACTION PLAN – Certificated Page of

Name: Site:

Position/Subject /Grade Level: Date:

This Action Plan addresses the following four areas and is to be attached to

Observation or Evaluation Dated:

a. Areas where improvement is needed c. Specific plans of assistance

b. Specific suggestions for improvement of noted deficiencies d. Method for assessment of improvement


Evaluatee Signature Name/Title Date

DISTRIBUTION: Original: Attach to original observation form or evaluation report

One copy to: Evaluator One copy to: Evaluatee

Approved 10/03

46


ASSESSMENT OF PUPIL PROGRESS

Name:

School: Subject or Grade Level:

Date Objectives Submitted: Date Objectives Approved:

Temporary Probationary Permanent

General Comments:

Date Conference Held:

Evaluator: Evaluatee:

Copies to: District Principal Teacher

OBJ. NO. OBJECTIVES COMMENTS AND/OR RESULTS

47

ARTICLE XV

GRIEVANCE PROCEDURE

A. Definitions

1. A “Grievance” is any alleged misapplication, misinterpretation or violation of the written agreement.

2. The “grievant” is the certificated employee(s), including the Association or representative(s)

thereof, making a grievance claim.

3. A “Party of Interest” is any person against whom action might be taken in order to resolve the claim.

B. Purpose

1. The purpose of this procedure is to secure, at the lowest possible administrative level,

equitable solutions to grievances which may arise from time to time. Both parties agree that these proceedings will be kept confidential on a need-to-know basis.

2. Nothing contained herein will be construed as limiting the right of any certificated employee

having a grievance to discuss the matter informally with any appropriate member of the administration, and to have the grievance adjusted without intervention by the Association, provided that the adjustment is not inconsistent with the terms of this Agreement, and that the Association has been given an opportunity to be present at such adjustment and to state its views.

3. Since it is important that grievances be processed as rapidly as possible, the time limits

specified at each level will be considered to be maximums, and every effort will be made to expedite the process. The time limits may, however, be extended by mutual agreement. All extensions of the time limits will be in writing.

4. In the event a grievance is filed at such a time that it cannot be processed through all the

steps in this grievance procedure by the end of the school year, and, if left unresolved until the beginning of the following school year could result in harm to the grievant, the time limits set forth herein will be reduced so that the procedure may be exhausted prior to the end of the school year, or as soon as agreed to by all parties involved.

C. Processing a Grievance

When a certificated employee has a grievance, it shall be presented in the following manner:

1. Level One – Informal Discussion with The Party of Interest

The grievant shall first discuss a complaint, within fifteen (15) work days of the incident, in an informal conference with the appropriate principal or immediate supervisor, either directly or in the company of the Association’s designated grievance representative, with the objective of resolving the matter informally.

48

2. Level Two – Formal Conference with the Party of Interest

a. If the grievant is not satisfied with the disposition of the complaint through the informal procedure at Level One, he/she must submit his/her claim as a formal grievance, in writing, to the party of interest within ten (10) work days starting the day after the initial level one meeting. Copies of the grievant’s formal complaint will be sent to all parties of interest and will include the following:

A clear, concise statement of the grievance including specific contract language upon which the grievance is based.

* A list of persons involved.

* The circumstances on which the grievance is based.

* An outline of actions taken to adjust the complaint.

* Supporting documents, if desired by the grievant.

* A list of the specific actions which the grievant believes would best remedy his

grievance.

* Copies of the grievant’s formal complaint shall be sent to any or all conferees.

b. The party of interest shall communicate his/her decision to the grievant, in writing, within ten (10) workdays after receiving the Level Two grievance.

3. Level Three – Appeal to The District Superintendent or Designee

a. If the parties do not agree at Level Two, the grievant may appeal the decision within ten

(10) consecutive workdays after receiving the Level Two response in writing. The appeal must be made, in writing, to the superintendent of designee. A copy of the appeal shall be sent to the parties of interest. A copy of all grievance records will be forwarded, with the appeal, to the superintendent or designee. If a remedy is proposed by the District, the specific reason(s) for not finding the remedy at Level II acceptable shall be submitted in writing to the Superintendent or designee at the time the Level III grievance is appealed.

b. The superintendent or designee may confer informally with the grievant and the parties,

separately or jointly, within ten (10) workdays.

c. The superintendent or designee shall communicate his/her decision, in writing, to the grievant and the party of interest within ten (10) workdays after his/her meeting with the participants.

49

4. Level Four – Submission of the Grievance to Confidential Mediation

a. If the grievant is not satisfied with the disposition of his/her grievance at Level Three, the grievant may move to Level Four. He/she may, within ten (10) workdays after receiving the written decision from the superintendent or designee, request in writing that the Association submits his/her grievance to Confidential Mediation. The Association will determine whether or not the grievance will be submitted to Confidential Mediation. The Association, by written notice to the superintendent within ten (10) workdays after receipt of the request from the grievant, may initiate the process of requesting the appointment of a mediator from the California State Mediation and Conciliation Service.

b. Cost of this service, if any, shall be shared equally by the District and the Association.

5. Level Five – Binding Arbitration (Any grievance filed on or after July 1, 2006)

a. In the case that a persistent grievance has not been resolved at Levels One, Two, Three,

and Four, the grievant and/or Association may, within ten (10) work days after the conclusion of Level Four, file a written request that the grievance be submitted to binding arbitration with the Superintendent.

b. Within ten (10) work days after receiving the written request, the District shall request

that the American Arbitration Association appoint an arbitrator to hear the grievance. The selection of the arbitrator and the arbitration proceedings shall be conducted under the applicable Labor Arbitration Rules of the American Arbitration Association.

c. The arbitrator shall resolve issues of arbitrability, if any, prior to the hearing on the

merits.

d. The arbitrator shall hear evidence, and render a binding decision on the issue or issues submitted. If the parties cannot agree upon the issue or issues submitted, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.

e. The arbitrator shall have no power to add to, subtract from, or modify the terms of the

contract.

f. All costs for the series of the American Arbitration Association and the arbitrator, including per diem expenses for travel and subsistence shall be shared equally by the District and the grievant and/or the Association.

D. General Provisions

1. A certificated employee, at any point in the grievance process, may be accompanied by an

Association representative.

2. A certified employee may process a grievance or serve as an Association representative without prejudice or reprisal of any kind being taken against such certificated employee. Neither shall certificated employees harass, intimidate, or pressure a member of the administrative staff before, during or after a complaint or grievance.

50

3. A certificated employee of the District required to absent himself/herself from his/her duties in order to participate in scheduled conferences or hearings shall not suffer any loss of pay. Authorizations for such absences, on a reasonable basis, shall be granted by the District.

4. Forms developed by the District and the Association for filing complaints, and other

necessary documents, shall be prepared and given appropriate distribution so as to facilitate operation of the procedures set forth.

5. A decision rendered at any step in these procedures becomes final unless appealed within the

time limit specified. If a decision is not given within the time limit, an appeal may be taken directly to the next level. All time limits specified in work days will be consecutive based on the grievant’s workdays.

6. A written record of all proceedings shall be kept, beginning with the Level One response.

7. Two copies of all records of proceedings shall be retained. One copy will be kept in a

special grievance file maintained by the District, and one copy will be kept in the CUTA Professional Relations file. Both files shall be confidential. The files shall be opened to the parties involved.

8. All proceedings, at any level, shall be confidential on a need-to-know basis.

9. All time limits are subject to change as agreed upon by all parties concerned. Agreed upon

changes in time limits shall be communicated in writing.

51

ARTICLE XVI

PARENT AND/OR STUDENT COMPLAINTS

A. School/Site Level

Persons making complaints concerning certificated employees will be encouraged to address the complaint directly to the person against whom the complaint is lodged, unless otherwise provided by law. Upon receipt of a complaint from a parent/guardian/student, an attempt shall be made by the employee and/or the employee’s supervisor (e.g. teacher and/or principal) to resolve the complaint through a discussion of the issue with the complainant, certificated employee, and/or the supervisor. The principal or immediate supervisor is responsible for investigating complaints not resolved between the certificated employee and the complainant, and will attempt to resolve the complaint to the satisfaction of the person(s) involved within 30 calendar days.

B. District Level

1. In the event the complainant does not believe the problem has been resolved satisfactorily at

the site level, the complainant shall be requested to put the complaint in writing and direct it to the superintendent or his/her designee within thirty (30) calendar days of the final decision at the school level.

2. The certificated employee shall be notified of the complaint, have the right to meet with

the complainant and question him/her regarding the accuracy of the complaint, and be allowed to have an Association representative present in the meeting with the complainant.

3. The superintendent, or designee, shall investigate the complaint with the employee,

supervisor, complainant, and/or others to gain a better understanding of the problem. Within thirty (30) calendar days the superintendent or his/her designee shall render a decision in writing, together with supporting reasons, to the parties involved. The superintendent’s decision shall be final unless within (10) calendar days after delivery of the superintendent’s decision, the complainant, the certificated employee, or the superintendent requests in writing a hearing before the Governing Board.

C. Board Hearing

Should the Governing Board decide to grant the request for hearing, the Governing Board shall meet in closed session, unless the complainant and the employee request a public hearing. No party to a complaint may address the Board, either in closed or open session, unless the procedures of this article have been followed. No hearing will be held by the governing Board on any complaint until the Board has received the superintendent’s written report concerning the complaint. The written report shall contain, but not be limited to:

1. The superintendent or designee’s written decision.

2. A copy of the signed original complaint.

Unless already clearly stated in the written complaint and/or superintendent’s written decision, a brief but specific summary of the complaint, the facts surrounding it, and the names of each employee involved, sufficient to inform the Board and the employee(s) as to the precise nature

52

of the complaint and to allow the employee(s) to prepare a defense. The decision of the board following the hearing shall be final.

D. In the event the complainant fails to exhaust all remedies under the procedures provided herein, or to abide by the time limits with respect to each step, the complaint shall be presumed to be abandoned, and the matter shall be considered settled in accordance with the District’s last answer.

ARTICLE XVII

NON-REELECTION OF PROBATIONARY EMPLOYEES Any employee subject to the non-reelection provisions of the education code will be provided the appropriate procedures under the pertinent code sections.

53

ARTICLE XVIII

DISMISSAL OR SUSPENSION OF CERTIFICATED EMPLOYEES When necessary, certificated employees may be dismissed or suspended in accordance with specifications set forth in the education code. It has been, and will continue to be, the practice of the Ceres Unified School District to utilize procedures which appropriately reflect code provisions.

54

55

A. Sick Leave

ARTICLE XIX

LEAVES

1. Every full time certificated employee shall be entitled to ten (10) days of paid sick leave per contract year of employment. Part time and job share employees shall be entitled to a prorated share of ten (10) days sick leave proportionate to the employee’s percentage of full time leave. The employee shall provide the district a doctor’s note containing a release to return to work that states the nature of any restrictions after an absence of six (6) or more consecutive workdays.

a. Unused sick leave shall accrue from school year to school year.

b. The District will provide to each certificated employee an annual notice of accrued sick

leave plus additional days for the current school year by November 15.

c. An employee who uses three (3) or fewer days of sick leave, including personal necessity, in any one school year (July 1-June 30) shall be awarded a cash incentive of one hundred dollars ($100.00) to be presented in October of the succeeding year. Contribution to the Catastrophic Illness Fund will not affect employee eligibility for the Wellness Incentive.

A certificated employee may not use more than six (6) days per year of unused sick leave for the purpose of attending to an illness of the employee’s child, parent, spouse, or domestic partner. The employee shall provide the district a doctor’s note after an absence of six (6) consecutive work days.

2. A certificated employee may use his/her credited sick leave at any time during the school

year (Education Code 44978, 44979, and 44980). B. Industrial Accident/Illness Leave (60 days)

1. An “industrial accident or illness” means any injury or illness whose cause can be traced to

the performance of services for the District.

2. The total of the certificated employee’s temporary disability indemnity and the portion of salary due him/her during his/her absence shall equal his/her full salary.

3. A certificated employee shall be deemed to have recovered from an industrial accident or

illness, and thereby able to return to work, at such time as he/she and his/her physician agree that there has been such a recovery. The District has the right to determine fitness to return to work based upon a statement from a certificated employee-selected physician.

4. The benefits provided in this section are in addition to sick leave benefits. Accordingly, the

District shall not deduct accumulated sick leave from the sick leave allotment of each certificated employee who is absent as a result of an industrial accident or illness (Education Code 44984).

56

C. Administrative Leave

1. The District may grant a certificated employee a paid leave. Such leave shall be for a maximum of one (1) school year.

a. A statement by the certificated employee’s physician, to the effect that the certificated

employee is entitled to such leave, shall be furnished at the District’s request. D. Extended Illness Leave (sub-deduct up to 50%)

1. If a certificated employee has utilized all of his/her accumulated sick leave and is still absent

from his/her duties on account of illness or accident for a period of 100 work days (5 months) or less, the amount of salary deducted in any month shall be at the daily or long term, non-regular employee substitute rate and shall be deducted from the employee’s salary. The employee may decide to limit the deduction to fifty percent (50%) of his/her monthly salary; however, any balance due over the fifty percent (50%) shall be deducted from subsequent monthly salary warrants until the substitute cost is paid in full. If the employee terminates before the substitute cost is paid in full, the employee shall pay the balance due to the District. The period during which the above deductions occur shall not begin until all other paid sick leave provisions for which he/she is eligible have been exhausted.

a. Upon request, the District may extend a certificated employee’s Extended Illness Leave

for a maximum of one (1) year; provided, however, that at the end of the extension, such certificated employee may not be entitled to return to the same position and shall not receive credit for a second annual salary increment, but shall be entitled to all other benefits provided in this Agreement.

b. Any certificated employee who seeks an extension of Extended Illness Leave shall make

application no later than two (2) weeks prior to the expiration of the original leave.

c. Upon request, the District may extend a certificated employee’s extended leave without pay if the employee is temporarily unable to perform his/her services because of illness, accident, or quarantine.

E. Maternity Leave (sick leave and/or extended illness leave)

1. The District shall provide for a leave of absence from duty for any certificated employee of

the District who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery there from. Certificated employees shall use their accumulated sick leave and extended illness leave during such leave of absence. The length of the leave of absence including the date on which the leave shall commence and the date on which the certificated employee shall resume duties, shall be determined by the certificated employee and the certificated employee’s physician or other medical advisor. A letter verifying the length of the temporary disability shall be signed by the employee and the employee’s physician or other medical advisor and filed in the District Personnel Office. Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from, are, for all job-related purposes, temporary disabilities, and shall be treated as such under any health or disability insurance or sick leave plan available in connection with employment by the District.

57

F. Family Care Leave/CFRA (California Family Rights Act)

1. For employees who have met the minimum statutory requirements (1250 work hours within the previous twelve month period, refer to 29 Code of Federal Regulations Section 825 and following), the District shall grant a Family Care Leave of up to 12 weeks of unpaid leave per fiscal year, after all other available paid leaves are exhausted. Leave may be requested for (1) the birth, adoption or foster care placement of their child*, (2) for the serious health condition of their child, spouse or parent, or (3) for their own serious health conditions that keeps them from performing their job. Family Care Leave can be denied if it constitutes an undue hardship upon district operations and if advance leave notice and medical certification are not provided. Any combination of Family Care Leave and Child Care Leave cannot exceed a total of 12 weeks. In any case in which both parents entitled to Family Care Leave are employed by the District, the District shall not grant leave in connection with the birth, adoption or placement for foster care of a child that would allow the parents aggregate Family Care Leave totaling more than the twelve (12) weeks.

* Under CFRA, eligible employees (those who have worked for the District for at least 12 months) who have exhausted their sick leave who wish to receive time off for “child bonding” following the birth, adoption or foster care placement of their child, such time off shall be at the differential rate of pay. Such differential pay shall not take effect until all other available leaves are exhausted and the total time off for “child bonding” shall not exceed 12 weeks within any 12 month period.

2. As a part of the process of requesting a Family Care Leave, employees may request to use all

or part of their sick leave in lieu of using unpaid leave for all or part of the maximum.

3. Employees who are granted such leave shall be employed in the same or a comparable position upon returning from family care leave. Group health insurance coverage for an employee on Family Care Leave will be maintained at the same level as before the leave was taken and on the same terms as if the employee had continued to work. Any share of premiums paid by the employee prior to taking the leave will continue to be the employee’s responsibility during the leave.

G. Bereavement Leave (Paid leave)

1. Every certificated employee shall be entitled to a Bereavement Leave not to exceed three (3)

consecutive work days, or five (5) consecutive work days if out-of-state travel or travel of more than three hundred (300) miles one way is involved (documentation required for four (4) or five (5) day leave only, e.g. electronic obituary), on account of the death of any member of his/her immediate family. Leaves granted under this section shall not be deducted from leaves granted by other sections of this contract. Members of the immediate family include the step, foster, adoptive or natural mother, father, grandmother, grandfather, or a grandchild of the certificated employee or the spouse of the certificated employee; and the spouse, step, foster, adoptive or natural son, son-in-law, daughter-in-law, brother, brother-in-law, sister, sister-in-law, of the certificated employee, a grandparent of the certificated employee’s child, a person who reared the employee in lieu of a parent, or any person living in the certificated employee’s household. The certificated employee may be granted a leave of absence under the Personal Necessity provisions of this contract when the time constraints of this section are not adequate to meet the employee’s Bereavement Leave needs.

58

H. Personal Leave (sub-deduct)

1. Each certificated employee shall be entitled to four (4) days of leave during each school year for personal reasons. The certificated employee shall notify the District of his/her intended absence for use of Personal Leave at least twenty-four (24) hours in advance. The certificated employee shall pay substitute costs for each day used. No more than two (2) certificated employees will be allowed Personal Leave on a given day.

I. Personal Necessity Leave

1. “Personal Necessity” (other than “no tell” days) means any crucial personal business for

which the certificated employee’s presence could not be avoided or delayed to a non-work time. Personal Necessity Leave may not be used for recreational activities or for seeking or engaging in other paid or unpaid employment. If the employee violates these contract provisions, the Personal Necessity Day(s) will be changed to an unpaid leave of absence and the employee’s salary will be reduced accordingly.

2. A certificated employee may use not more than nine (9) days per year of unused sick leave

for the purpose of Personal Necessity Leave, two (2) of which may be “no tell” days. Personal Necessity Days including “no tell”, may not be taken for more than five consecutive work days. Certificated employees shall submit a notice of intent to use Personal Necessity Leave with a stated reason to their supervisor for consideration of business transactions or other activities which require the presence of the employee at least one (1) day prior to the beginning date of the leave.

3. Prior notification shall not apply to the following situations:

a. Serious illness or death of a member of the certificated employee’s immediate family or

household. Leave under this section shall be in addition to that provided certificated employees under Bereavement Leave of this Article.

b. Accident or immediate critical situation involving the certificated employee’s person or

property or the person or property of a member of the certificated employee’s immediate family of household. Immediate family shall be the same as defined under Section G of this Article.

c. Major religious observance.

d. Up to two (2) “no tell” days per year.

J. Unpaid Leave of Absence

1. Certificated employees who are granted an unpaid leave of absence shall be entitled to the

same health benefits accorded certificated employees who take paid leave, except wages, if the cost of the benefits is paid by the certificated employee. Unless prior approval has been given in writing, those on unpaid leave do not receive longevity advancement on the salary schedule for unpaid leave in excess of ½ year, nor may an employee work under contract with another school district.

59

K. Sabbatical Leave

1. Any permanent certificated employee of the District who has rendered at least seven (7) years of service to the District shall be eligible to apply for Sabbatical Leave for a period of up to one year. (Education Code 44966-44972)

2. Applicants for Sabbatical Leave shall file a request with the District Office no later than

January 1, for the first semester, and no later than June 1, for the second semester, on the forms provided for this purpose.

3. Sabbatical Leaves may be granted for the following purposes:

a. Professional Study and/or Related Experience

* Applicants who apply for professional leave under this section shall agree to

undertake a course of study subject to the approval of the college or university of attendance.

* The applicant shall submit evidence that the proposed professional study and related

experience shall be designed to enlarge the applicant’s facility in teaching techniques, to broaden experience in special fields, or to do research.

b. Approved Travel

* Applicants for Sabbatical Leave under this provision shall submit a brief statement

to evidence specific ways in which the trip will contribute to the improvement of the applicant’s services with respect to the particular educational field in which he is engaged.

c. Mini Sabbatical Leaves of shorter duration than one (1) semester may be approved by

the District.

4. Compensation

a. The applicant who has been granted the Sabbatical Leave will receive fifty (50) percent of his/her certificated salary for the period of time of the Sabbatical Leave.

b. Salary for Sabbatical Leave shall be paid in the same manner as if the applicant were

rendering service to the District. Money to defray District costs shall come from monies appropriated for salaries.

5. Step Advancement

a. A certificated employee returning from Sabbatical Leave will receive the same step

advancement in salary he/she would have received had he/she remained in active service. In order to receive credit for additional units, the certificated employee must follow the TEPS procedure.

60

6. The certificated employee must file, with the board, a suitable bond indemnifying the District for any salary paid the certificated employee during the period of the Sabbatical Leave. In the event said certificated employee fails to return and to render a period of service equal to twice the period of leave, or, in the event said certificated employee fails to carry out the program of study or the itinerary of the trip approved by the superintendent and the board, said certificated employee will forfeit the bond.

7. Failure of a certificated employee to return and render service to the District, or failure to

complete the program of study or travel, shall not result in a forfeiture of the bond when such failure is due to death or certification by a physician that failure is due to physical or mental disability.

8. At the expiration of the leave of absence, the certificated employee shall, unless he/she

otherwise agrees, be reinstated in the position held by him/her at the time of the granting of the Sabbatical Leave. Upon return, a report and appropriate documentation should be submitted to the District.

9. Procedures for Selection

a. A review committee of the association’s and the District’s representatives will

establish guidelines for selection of candidates for Sabbatical Leave grants.

b. The final decision on whether to grant a Sabbatical Leave shall be made by the Superintendent/designee.

10. The District shall provide the Association with copies of Sabbatical Leave application forms

(Education Code 44966, 44967, 44968, 44969, 44970, 44971, and 444972) L. In-Service Leave (Paid Leave)

1. A certificated employee shall be entitled to one (1) day of paid leave each school year for the

purpose of improving his/her performance. Such leave may be used to visit classes in other schools, or to attend educational workshops related to his/her assignment. Principal approval is a prerequisite for granting this leave (Education Code 44962 and 44963).

M. Jury Duty Leave (Paid Leave)

1. The District will pay his/her salary each time a certificated employee is called for jury service

(Education Code 44036) upon receipt of jury duty service verification. If the certificated employee is released from jury duty prior to noon, that employee shall return to his/her assigned work site but not necessarily to his/her individual classroom. Jury duty service fees, minus transportation, shall be remitted to the District.

N. Association Leave

1. Association representatives shall have a total of five (5) days of paid leave to utilize for local,

state, or national conferences, or for conducting other business pertinent to Association affairs. These representatives shall be excused from school duties upon two (2) days advance notification to the superintendent by the Association president. The Association shall pay for any substitutes needed, as determined by the site principal.

61

2. The Association president and/or negotiations chairperson shall have a total of ten (10) half (1/2) days of paid leave to be used for Association business (Education Code 44962 and 44963).

3. In the event that the CUTA president is an elementary school certificated employee, the

District will provide for release time after 2:30 p.m. as needed. O. Exchange Teaching Programs

The District may or may not participate in recognized Teacher Exchange Programs. Teachers interested in such participation must meet the basic criteria established by such programs.

P. Donations During Extended Leave for Catastrophic Illness/Injury

In the event a certificated employee, spouse, child or member of the immediate household experiences a catastrophic illness or injury which exhausts all other sick leave or fully paid time off, except extended illness leave, he/she (or appropriate representative) may apply for a donations of leave for catastrophic illness/injury leave by obtaining a physician’s verification and submitting the verification to the Catastrophic Illness/Injury Committee chairperson.

1. “Catastrophic illness” or “injury” means an illness or injury that is expected to incapacitate

the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave, other fully paid time off, and ten (10) days of substitute deduction. (Education Code 44043.5.)

2. A Catastrophic Illness/Injury Committee, composed of the Assistant Superintendent,

Personnel, the chairperson; an administrator of the applicant’s school; the president of CUTA; and the chairperson of the CUTA collective bargaining team shall determine eligibility and procedures.

3. Any district certificated employee may anonymously donate day(s) of his/her accumulated

sick leave to an eligible employee on a case-by case basis. All transfers of eligible leave credit are issued to a specific individual, are irrevocable and must be in full workday increments. Donors will be notified of days used and unused days will be returned.

4. An employee who receives paid leave pursuant to this section shall use any leave credits that

he or she continues to accrue on a monthly basis prior to receiving paid leave pursuant to this section (Education Code 4043.5)

62

Q. Paid Leave Restrictions Employees on paid leave, other than sabbatical, may not accept remuneration from another source. Jury duty is not considered a paid leave as the amount of pay is forwarded to the District.

Therefore, if a question arises as to Code provisions, the Education Code will prevail. In cases where the Education Code authorized the District to provide guidelines, this Agreement shall be the guideline.

Revised December 9, 2016

CERTIFICATED EMPLOYEES—LEAVE OF ABSENCE REQUEST

Reference – CUTA Articles of Agreement XIX

Employee Name: Alt ID#: Site:

Position(s): Date:

Date(s) Of Absence: Total Days Absent:

(*)PRIOR APPROVAL REQUIRED BY ASSISTANT SUPERINTENDENT, PERSONNEL Employees are responsible for tracking their own time.

PERSONAL NECESSITY Up to 7 days annually, taken from sick leave. If no sick leave available – 100% pay deduction. By signing this Leave of Absence Request form, the employee understands and acknowledges that: (1) personal necessity leave may not be used for recreational activities nor for seeking or engaging in other paid or unpaid employment, and (2) if the employee violates this contract provision, the personal necessity day(s) will be changed to Unpaid Leave of Absence and the employee’s salary will be reduced accordingly.

1. Death of a member of the employee’s immediate family, as defined in the Bereavement Leave Section, when additional leave is necessary.

2. Death of a person not in the immediate family as defined in the Bereavement Leave Section. 3. Prior notification not needed. As a result of an emergency, accident, illness or medical need, involving an employee’s

person or property or the person or property of his/her immediate family: Explanation Required:

4. Appearance in any court or before any administrative tribunal as a litigant. 5. With prior approval, business transactions or other activities which require the presence of the employee. Explanation

Required:

6. With prior notice for the adoption of a child when additional leave is necessary. 7. With prior notice, other personal and compelling concerns, except for recreational activities, or for seeking or engaging in

other paid or unpaid employment. This leave is limited to one (1) day per occurrence. Explanation required:

BEREAVEMENT: (Paid leave for death in immediate family, relationship & location required, documentation required for 300

or more miles one way for 4 or 5 days bereavement leave) Relationship: Location: IN-SERVICE LEAVE: (Principal approval is a prerequisite for granting this leave. One day each year. ) PERSONAL LEAVE: (4 days a year are sub deduct, additional days are full per diem.) * OTHER LEAVE OF ABSENCE - Explanation Required: * UNPAID LEAVE OF ABSENCE: (No advancement of salary schedule while on unpaid leave, may participate in benefits

program at employee expense, must notify district by of intent to return)

PERSONAL ILLNESS/EXTENDED ILLNESS LEAVE: (Deducted from sick leave) MATERNITY LEAVE: (Deducted from sick leave) * FMLA: (Up to 12 weeks, deducted at 100% of pay if sick leave not available after all other available paid leaves are

exhausted, additional paperwork required in advance of leave) * CFRA (Baby Bonding): (Up to 12 weeks of sub deduct after all other available paid leaves are exhausted, additional paperwork required in advance of leave)

Employee Signature: Date:

Site Supervisor Signature: Date:

*Assistant Superintendent Signature: Date:

Distribution: WHITE & YELLOW – Payroll PINK – Site GOLDENROD – Employee

Absences 6 days or more (Requires medical verification – doctor’s note and release to return to work as well as a Report of Extended Leave Form)

Miscellaneous Absences

Approved Not Approved Explanation:

SAMPLE CERTIFICATED

PERSONAL NECESSITY “REASONS”

REASONS ARE NOT LIMITED TO THE FOLLOWING EXAMPLES: 5. With prior approval, business transactions or other activities which require the presence

of the employee.

• Need to work on my rental property – fix broken door, window, water heater, HVAC • Need to repair my own vehicle to get to work • Meet repair person for HVAC, etc. • Kids in play at school • Parent conference • Chaperone field trip • Child graduation • Taking child to college • Meeting with attorney • Prepare for/attend wedding

7. With prior notice, other personal and compelling ……. (1 day limit per occurrence) • Pick up someone at airport • Meet people delivering new furniture • Moral support for friend in hospital or court • Personal education (study for test, meeting with professor, etc.) • Participation in religious activities or observance

Not Personal Necessity • Recreational activities such as: running marathon; honeymoon; won ticket to a cruise; spouse

on business trip; Monday night football; out-of-town guests visiting; family reunion; attend a movie or theater

• Need to work on my rental property to get ready for new tenant – other employment • Picking up medicine for a family member • Stressed out by boss – illness or worker’s comp

64

65

ARTICLE XX

PROFESSIONAL GROWTH PLAN (TEPS) A. The Ceres Unified School District encourages certificated employees to maintain and improve

their professional qualifications. Professional growth should be so constituted that it shows a balanced growth in the teaching majors and teaching competencies, or is specifically related to the assignment for which one was hired or to which one has been appointed. Principals may recommend courses in other areas such as teaching minors.

B. Verification of Professional Growth Credit

1. Official verification of completed work must be submitted to the Personnel Office prior to

October 1 of any given year to qualify for Professional Growth Credit for salary schedule placement for that year. Official verification includes official sealed transcripts or official transcripts sent to the District via a secured electronic link.

2. The responsibility for submitting all completed forms and verifications lies solely with the

certificated employee. If official verification of completion of courses is not presented to the Personnel Office by October 1, the units will not be lost, but must be carried over to the next salary year.

C. Prior approval for professional growth credit may be obtained by submitting a request to the

Teacher Education and Professional Standards Committee (TEPS), composed of a minimum of five (5) certificated employees, who will review staff requests for professional growth and provide recommendations to the superintendent for his/her decision.

D. Employees may submit course-work for professional growth credit without having submitted a

TEPS form for prior approval if all of the following criteria are met:

1. Units submitted are upper division or graduate units, which may be extension or Continuing Education Units, non-repetitive, from an accredited institution, accredited by the appropriate regional accrediting agency.

2. Course-work is clearly relevant to the teaching assignment, major or minor, or the current

credential requirement of the certificated employee.

3. Six (6) or fewer units at any one time are taken during the teaching calendar. Coursework taken during summer or off-track time is not limited.

E. A TEPS form for prior notification must be submitted if coursework exceeds six (6) units at any

one time during the teaching calendar. This would include summer or off-track courses overlapping with the teaching calendar.

F. A TEPS form for prior approval must be submitted if:

1. Junior college or lower division coursework is being taken to fill a special need.

66

2. A course is being repeated for a special reason.

3. There is any question as to direct relevance of the coursework to teaching assignment, current teaching credential or major or minor.

G. Certificated employees at step F-14 or higher on the salary schedule will receive five hundred

sixty-six dollars ($566) for acquiring four (4) semester units within any three (3) consecutive year period of time. This amount is to be paid one time only during any three (3) year period. Request for payment of this money must comply with B-1, C, and D above.

67

ARTICLE XXI

TEACHER INDUCTION PROGRAM Induction Joint Panel/Definitions

1. Induction Joint Panel (JP) is made up of three (3) CUTA members, appointed by the CUTA and

two (2) CUSD administrators, appointed by the Superintendent. The joint panel will select Induction support providers. The District may provide release time up to 50% FTE for full time classroom teachers to serve as Induction Support providers when the District is unable to fill all the Induction Support Provider positions. Such Induction Support Providers will not receive additional compensation. Exceptions may be made by mutual consent of the District and the Association.

2. Induction – JP members will serve a term of three years. One member of the JP will be

selected as the Chairperson of the JP. The Chairperson must be a classroom teacher. To hold a meeting, three of the five members of the JP must be present, a majority of which are CUTA members. All decisions will be made by a majority vote. Both CUTA and CUSD may remove appointees and fill vacancies at any time.

3. Each bargaining unit member of the Induction Joint Panel Members will be paid a stipend of

One (1) unit per year. The Stipend paid to Induction Joint Panel Members will be made in one payment.

Induction Support Providers Induction Support Providers (SP) - an induction teacher is an exemplary teacher who provides assistance to first and second year teachers.

A. The minimum qualifications for an Induction Support provider shall be:

a. A Permanent credentialed classroom teacher with a minimum of four (4) years of teaching

experience and shall not be a member of the joint panel.

b. Exemplary teaching ability as shown by a demonstration of:

1. Effective communication skills

2. Subject Matter knowledge including, but not limited to the applicable current state framework and state standards

3. Possession of a range of teaching strategies necessary to meet the needs of pupils of

varying ability in a wide variety of contexts

4. Other criteria as established by the Induction joint panel

68

B. The District will administer the Teacher Induction Program.

D. Each full-time classroom teacher that serves as an Induction Support Provider will be paid $2,122.00 for providing assistance to one Beginning Teacher, $4,033.00 for two Beginning Teachers, and $5,732.00 for three Beginning Teachers. (This amount will be increased annually by any agreed upon increase in salary)

D. Lead Support Provider minimum qualifications shall be:

1. Have at least 3 years of experience as a support provider 2. Be organized and responsible 3. Be respected by the other support providers

Responsibilities 1. Attend Induction Advisory Committee meetings 2. Assist with or conduct district support provider meetings throughout the year 3. Provide input into the agenda of the support provider meetings 4. Serve as a resource to support providers and participating teachers who may need additional

assistance 5. Other duties as assigned

Pay: Shall be 3 stipend units

69

ARTICLE XXII

CERTIFICATED EMPLOYEE BENEFITS A. Effective with the September 30, 2016, payroll the District will contribute seven-hundred

nineteen dollars and eighty-nine cents ($719.89) per month ($8,638.68 per complete year) for all full time unit members toward the purchase of District approved insurance plans. In the event that the lowest premium employee only medical insurance plan offered to employees exceeds the amount in the above paragraph, the District agrees to increase the contribution in the above paragraph to an amount equal to the cost of that plan, effective on the date of the increase. Should the increase raise the employee only cost of the lowest premium medical plan above $750.00 per month ($9,000.00 per year), the District may, at its discretion, elect to reopen negotiations on this article instead of increasing its contribution above $750.00 per month ($9,000.00 per year) for all full time unit members, toward the purchase of District approved insurance plans.

The District may, at its discretion, increase the District’s contribution level. The District will give employees advanced notification of this contribution increase prior to open enrollment.

Effective with the Open Enrollment period for coverage in the 2008 calendar year, each eligible employee shall be required to enroll in the District-selected health and welfare program. However, the District shall permit an eligible employee to opt out of the District’s medical health and welfare program if the eligible employee can provide sufficient proof to the District of other group health insurance coverage.

Notwithstanding the paragraph above, employees hired on or after January 1, 2012, may not opt out of medical coverage if this enrollment provision is required by the District’s healthcare plan provider.

If, during open enrollment, a unit member selects medical, dental, or vision, insurance coverage which costs more than the per month District contribution listed above, the unit member will be responsible for the additional costs.

If the cost for District offered medical, dental, or vision, insurance coverage exceeds the District contribution level for insurance benefits, then the unit members will be responsible for the additional costs over the District contribution level. Any administrative fees charged by the District’s healthcare plan provider will be incorporated into insurance rates approved by the District. If any change in these administrative fees is proposed after rates are set, the District agrees to meet and confer with CUTA to determine how these increases will be assessed. The District will meet and confer with the bargaining unit before making any change to the District contribution to employee benefits for bargaining unit members.

70

Unit members for whom the District contributes less than the per month District contribution listed above for District offered medical, dental, and vision insurance will receive the difference or use that amount to purchase District approved plans (e.g. cancer; disability or additional life insurance; 403 (b) or 457 deferred compensation tax shelter or other plans as allowed under IRS rules, subject to minimum contribution requirements of the plan provider(s) etc.) or receive cash in lieu of benefits. For employees electing to take any cash in lieu of benefits, the cap on the district total contribution will be $650 instead of the contribution level set above.

The per month District contribution will be adjusted through the negotiations process.

B. Effective December 1, 2004, the District contribution level for a unit member working a shared

or partial contract of 50% or more shall be proportional, (for example a 60% contract receives a 60% benefit) of a full-time unit members as specified in “A” above, for medical, dental, vision and life insurance. If a unit member working a shared or partial contract of 50% or more chooses medical, dental, and vision insurance which cost the District less than 50% of the District contribution specified in A. above, they will receive the difference or use that amount to purchase District approved plans (e.g. cancer; disability or additional life insurance; 403 (b) or 457 deferred compensation tax shelter or other plan as allowed under IRS rules, subject to minimum contribution requirements of the plan provider(s) etc.) or receive cash in lieu of benefits.

C. When making adjustments to the District contribution, the calculated amount will be rounded to

the nearest whole number, i.e. .5 or more will be rounded up to the next highest whole number, less than .5 will be rounded to the next lowest whole number.

D. The District will provide a minimum of $50,000 in life insurance for full-time unit members.

The cost of providing the first $10,000 of this benefit will not be included in the calculations to determine the average monthly district contribution per bargaining unit member.

E. Effective December 1, 2004, the District will contribute up to 50% of the amount provided for

full-time unit members as specified in “A” above, for medical, dental, vision and life insurance for all certificated employees and their dependents beginning at age 50 to age 65 who retired after June 30, 1986, and are vested in the District. Employees who retired prior to June 30, 1986, retired after June 30, 1986, without becoming vested, or who are over 65, may continue to participate in the District insurance program at the retiree’s cost.

Certificated employees are vested in the Ceres Unified School District retiree benefit program after ten years of paid service, of which five years must be immediately prior to retirement. Any certificated employee participating in the Ceres Unified School District retiree benefit program shall be required to participate in the District’s health and welfare program for the entire school year immediately prior to retirement and shall be required to maintain continuous enrollment in the retiree benefit program. Any current retiree and any employee retiring by the end of the 2007-2008 school years may sign on at the 2007-2008 open enrollment and qualify for the retiree benefit program. Failure to comply with this requirement shall result in loss of coverage.

71

F. The benefits provided in this Article shall remain in effect during the term of this Agreement. Should a certificated employee’s employment terminate, he/she shall be entitled to continue coverage at the employee’s expense as provided by the COBRA law.

G. Certificated employees may participate in tax sheltered annuity programs of their choice with the District providing payroll deduction for this purpose.

H. Benefits are earned in relation to months in paid status on a twelve-month calendar. Benefits are

in whole month increments: and will be paid until the end of the exit month if an employee leaves during the work year.

1. Unit members who leave paid status prior to the 15th of the month, end their benefit

coverage on the 1st day of the exit month, except that employees whose employment is terminated or who die prior to the 15th of the month will receive coverage until the end of the exit month. Should a certificated employee’s employment terminate, he/she shall be entitled to continue coverage at the employee’s expense as provided by the COBRA law.

2. If the employee has completed an entire year of service, benefits coverage will continue to

complete the twelve-month calendar. Twelve-month employees who leave the district must continue to contribute their portion of the benefit cost after receiving their final check.

3. Employees who leave paid status in the final month of the employment year will be

considered to have earned a full year of benefits. I. The Association may participate in the District’s Insurance Committee, which will make

recommendations to the Superintendent regarding the selection of plans for vision, dental, medical and life insurance.

J. At least once a year there will be an open enrollment period for employees to make changes in

District offered coverage which will include adding to, deleting from, or changing medical insurance providers. At least once every other year there will be an open enrollment period for employees to make changes in District offered coverage for dental and vision insurance. The District’s contribution toward the full-time unit members benefit package will be as specified in sections “A” and “B” of this article.

72

ARTICLE XXIII

RETIREMENT INCENTIVE PROGRAM A. A Retirement Incentive Program will be provided by the District based upon the conditions

stipulated below:

1. Any certificated employee of the Ceres Unified School District who is eligible for retirement under the California State Teachers’ Retirement System shall be eligible to participate in the District’s Retirement Incentive Program providing the following provisions are met:

a. The certificated employee must be vested and be on Column D (or higher) of the salary

schedule.

b. The certificated employee must have reached the age of fifty-five (55) years prior to the first day of the next certificated employees’ work year.

c. The certificated employee shall notify the District superintendent of his/her intention to

retire no later than April 15 of the last year of employment.

d. The maximum base salary for determining the Retirement Incentive pay for any certificated employee may not exceed the top of the certificated salary schedule, including the master’s degree. The base salary is the certificated employee’s present placement on the certificated salary schedule. This does not include extended contracts and extra duty pay.

e. No certificated employee who is to receive a Retirement Incentive payment may accept

a teaching, counseling, or school administrative position in any school district in California. Substituting and short-term contracts allowed by the S.T.R.S., and not affecting S.T.R.S. retirement payments, are accepted. If this provision is violated, the amount of the Retirement Incentive payment paid to the certificated employee shall be returned to the Ceres Unified School District within six (6) months, and subsequent payments shall be terminated.

f. NOTICE: Such incentive payments will not be considered by the California State

Teachers’ Retirement System in determining compensation for retirement benefit payment purposes.

2. Amount of the Retirement Incentive Payment

a. The total amount to be paid to the certificated employee from the Retirement Incentive

Program is a single sum determined as follows:

(1) Fifty (50) percent of his/her current base salary as explained in 1-d for retiring at age 55.

(2) Thirty-five (35) percent of his/her current base salary for retiring at age 56.

(3) Twenty-five (25) percent of his/her current base salary for retiring at age 57.

73

3. Manner of Retirement Incentive Payments

a. The certificated employee may elect to receive the Retirement Incentive payment in October of the following fiscal year, or receive the Retirement Incentive payment in installments. The amount and date of such installments will be designated by the certificated employee. In this way, the retiree can prevent reception of monies in excess of the amount authorized by STRS from public school employment in any fiscal year. The total of the Retirement Incentive payments shall be made within five (5) years of the retirement date.

b. In case of the death of the retiree, the unpaid portion of the Retirement Incentive

payment shall be paid to his/her estate, devises, or legatees.

c. The District has the prerogative of limiting the number of certificated employees, according to budget constraints, who may retire under this article in any single year. If more certificated employees apply than, by District decision, can be accommodated, those granted retirement under this Article shall be selected by seniority, unless a certificated employee with seniority waives his seniority rights in favor of another certificated employee with less seniority.

d. If a certificated employee applies for retirement under this Article and, because of

budget constraints, is ineligible that year, he/she shall be eligible the next year under the same age and benefits conditions that would have applied in the first year that the application was made.

B. Golden Handshake – Additional Two Years of Service Credit

The Ceres Unified School District will participate in the Golden Handshake program. The terms of this agreement will be as per Education Code 22714. There will be an application period from February 1 to April 15 of each year during which application for participation in this program may be made by any certificated employee who intends to retire and who has become vested in the district. The certificated employee must retire by June 30 of the year in which application approved in order to be eligible for the Golden Handshake. Under the terms of the Education Code, certificated employees may receive this benefit only if the district is able to calculate that a savings will be realized either by attrition or replacement of the employee as per the formula provided by the code section and calculated by the County Office of Education. The new Golden Handshake program will be in effect when provided for by legislation.

C. Retiree Substitute Compensation

Retirees who substitute in the district will be compensated at the in-district sub rate (currently $125 per day.) Effective 7/1/2002.

ARTICLE XXIV

SALARY SCHEDULE PROVISIONS AND TRANSFERRED EXPERIENCE

A. Certificated Salary Provisions

1. Experience outside the District is granted on a year-for-year basis up to thirteen (13) years

for teachers hired subsequent to July 1, 2002. The highest initial placement for teachers hired subsequent to July 1, 2002, will be Step 14.

2. Experience of less than 75% of a year is not applicable to the salary schedule. Teaching

experience under a K-12 credential equivalent to 75% of a school year will be transferred at one full year e.g. 132 days of 175 YRE school year; 135 days of 180 traditional school year.

3. Certificated employees who are eligible for horizontal movement will be placed on the

maximum vertical step for which they are eligible. Salary schedule is based upon semester units. In order to move beyond Step 14, a certificated employee must have a minimum of a BA plus 72 semester units.

4. Verification of Professional Growth Credit

a. Official verification of completed work must be submitted to the Personnel Office prior

to October 1 of any given year to qualify for Professional Growth Credit for salary schedule placement for that year. Official verification includes official sealed transcripts or official transcripts sent to the District via a secured electronic link.

b. The responsibility for submitting all completed forms and verifications lies solely with

the certificated employee. If official verification of completion of courses is not presented to the Personnel Office by October 1, the units will not be lost, but must be carried over to the next salary year.

B. The Certificated Salary Schedule and salary classification requirements for employees, as

developed by the Association and the District, are set forth in this article. C. The “Payroll Period” shall be defined as monthly, beginning with the date agreed to by the

District for certificated employee services to begin. Salary payments shall be made not later than the last business day of the month.

D. The District shall biannually by October 1 and February 1 furnish the Association a list of

personnel, indicating their placement on the Certificated Salary Schedule and the amount of money paid for their services.

E. Preschool and Head Start programs will maintain a one hundred eighty (180) day contract year.

Additional days will be compensated at the normal per diem rate. Preschool and Head Start teachers’ work year shall be increased by the same number of required additional per diem professional development days (increasing and improving services for students) as delineated in Article X, Section A.

75

1. Unit growth horizontally shall be determined on the basis of a Child Center Certificatethrough the A.B. Degree plus thirty-six (36) units.

2. Experience from outside the District is granted on a year-for-year basis for teachers hiredsubsequent to January 1, 1991.

F. Salary Schedule Increases and Retroactive Payments:

1. For the 2016-2017 school year, the 2015-2016 salary schedules shall be increased by 3.00%effective July 1, 2016, as identified in the attached salary schedules.

G. The salary schedules for the 2016-17 school years are (certificated, vocational, high schoolagriculture teacher, preschool, WCS) attached and incorporated into the Agreement.

H. Fully credentialed unit member teaching in a position which requires a Special Educationcredential will receive an additional 1.5 unit stipend annually.

I. Unit members with a Doctorate Degree will receive an additional $900 annually.

76

CE

RE

S UN

IFIED

SCH

OO

L D

ISTR

ICT

- CE

RT

IFICA

TE

D SA

LA

RY

SCH

ED

UL

E

2016-2017

(3% in

crease Retro

to 7 / 1/ 16)

RA

NG

E

B

C

CM

D

D

M

E EM

F

FM

BA

+24 B

A+36

C+M

A

BA

+48 D

+MA

B

A+60

E+M

A

BA

+72 F+M

A

STE

P 1

51,742.00 54,996.00

56,650.00 0

0 0

0 0

0 2

52,475.00 55,731.00

57,387.00 59,208.00

60,865.00 0

0 0

0 3

53,429.00 56,686.00

58,342.00 60,166.00

61,821.00 63,873.00

65,529.00 0

0 4

54,616.00 57,867.00

59,523.00 61,351.00

63,007.00 65,056.00

66,712.00 68,986.00

70,643.00 5

56,022.00 59,277.00

60,934.00 62,757.00

64,412.00 66,465.00

68,123.00 70,394.00

72,051.00 6

57,654.00 60,907.00

62,563.00 64,390.00

66,047.00 68,096.00

69,752.00 72,026.00

73,682.00 7

59,515.00 62,767.00

64,422.00 66,248.00

67,906.00 69,956.00

71,613.00 73,885.00

75,542.00 8

61,594.00 64,853.00

66,509.00 68,333.00

69,990.00 72,041.00

73,696.00 75,976.00

77,632.00 9

63,903.00 67,162.00

68,818.00 70,643.00

72,297.00 74,349.00

76,006.00 78,281.00

79,936.00 10

69,698.00 71,352.00

73,178.00 74,834.00

76,883.00 78,539.00

80,818.00 82,473.00

11 72,456.00

74,113.00 75,933.00

77,588.00 79,646.00

81,303.00 83,577.00

85,233.00 12

78,923.00 80,581.00

82,629.00 84,286.00

86,559.00 88,216.00

13 85,837.00

87,494.00 89,771.00

91,427.00 14

93,209.00 94,866.00

17 17 T

O 19 years 4%

added to base =

96,936.00 98,592.00

20 20 to 22 years 5%

added to base = 97 ,8 68 .0 0

99,524.00 23

23 to 25 years 6% added to base =

98,801.00 100,457.00

26 26 to 28 years 7%

added to base = 99,733.00

101,389.00 29


10 0 ,6 6 3 . 00 102,318.00

32 32 +

years 9% added to base =

101,598.00

103,252.00 1.T

ransferred Experience : E

xperience outside the District is granted on a year-for-year basis up to 13 years for teachers hired subsequent to July

1, 2002. The highest initial placem

ent for teachers hired subsequent to July 1, 2002, will be step 14.

2.Experience of less than 75%

of a year is not applicable to the salary schedule.3.Special E

ducation credential: 1.5 units when teaching in a position requiring the authorization.

4.Certificated personnel holding a D

octorate Degree w

ill receive an additional $900 (not listed on salary schedule).5.T

eachers who are eligible for horizontal m

ovement w

ill be placed on the maxim

um vertical step for w

hich they are eligible.


VOCATIONAL EDUCATION SALARY SCHEDULE

2016-2017

(3% increase Retro to 7 / 1/ 16)

RANGE A B C D E F BA+ 12 BA+24 BA+36 BA+48 BA+60 BA+72

STEP 1 48,709.00 51,742.00 54,996.00 0 0 0 2 49,441.00 52,475.00 55,731.00 59,208.00 0 0 3 50,397.00 53,429.00 56,686.00 60,166.00 63,873.00 0 4 51,581.00 54,616.00 57,867.00 61,351.00 65,056.00 68,986.00 5 52,991.00 56,022.00 59,277.00 62,757.00 66,465.00 70,394.00 6 54,629.00 57,654.00 60,907.00 64,390.00 68,096.00 72,026.00 7 56,494.00 59,515.00 62,767.00 66,248.00 69,956.00 73,885.00 8 58,564.00 61,594.00 64,853.00 68,333.00 72,041.00 75,976.00 9 60,877.00 63,903.00 67,162.00 70,643.00 74,349.00 78,281.00 10 63,408.00 66,442.00 69,698.00 73,178.00 76,883.00 80,818.00 11 66,169.00 69,200.00 72,456.00 75,933.00 79,646.00 83,577.00 12 69,157.00 72,184.00 75,441.00 78,923.00 82,629.00 86,559.00 13 72,502.00 75,401.00 78,652.00 82,135.00 85,837.00 89,771.00 14 75,786.00 78,829.00 82,085.00 85,572.00 89,278.00 93,209.00 17 17 TO 19 years 4% added to base. 96,936.00 20 20 to 22 years 5% added to base. 97,868.00 23 23 to 25 years 6% added to base. 98,801.00 26 26 to 29 years 7% added to base. 99,733.00 29 29 to 31 years 8% addedd to base. 100,663.00 32 32 + years 9% added to base. 101,598.00

NOTE: This salary schedule is based on semester units. Experience outside the District is granted on a year for year basis up to 13 years for teachers hired subsequent to July 1, 2002. The highest initial placement for teachers hired subsequent to July 1, 2002, will be Step 14.

Placement below the line(A7, B9, Cll, Dl2, E13) is restricted to those individuals whose initial placement is based on a vocational credential. Teachers with vocational credentials will receive a percentage of column A until such time as they are eligible

Step placement is based upon years experience beyond the five years required for the credential. Two (2) years journeyman, professional, or equivalent experience in the field will be equal to one (1) step placement with maximum entry at Step 7.

Vocational credential+ 59 or fewer units, no Bachelor 97% Vocational credential+ 60 or more units, no Bachelor 98% Vocational credential+ Bachelor+ 11 or more units 100%

78

CE

RE

S UN

IFIED

SCH

OO

L D

ISTR

ICT

- HS A

GR

ICU

LT

UR

AL

TE

AC

HE

R SA

LA

RY

SC

HE

DU

LE

2016-2017

RA

NG

E

B

C

CM

D

D

M

E EM

F

FM

BA

+24 B

A+36

C+M

A

BA

+48 D

+MA

B

A+60

E+M

A

BA

+72 F+M

A

STE

P 1

57,100.00 60,353.00

62,009.00 0

0 0

0 0

0 2

57,833.00 61,090.00

62,745.00 64,566.00

66,223.00 0

0 0

0 3

60,436.00 63,693.00

65,349.00 67,173.00

68,827.00 70,879.00

72,536.00 0

0 4

61,622.00 64,875.00

66,531.00 68,357.00

70,013.00 72,062.00

73,719.00 75,993.00

77,649.00 5

64,678.00 67,934.00

69,590.00 71,413.00

73,068.00 75,122.00

76,777.00 79,051.00

80,707.00 6

66,311.00 69,562.00

71,219.00 73,046.00

74,7 0 3 .00 76,752.00

78,408.00 80,682.00

82,339.00 7

68,170.00 71,422.00

73,079.00 74,903.00

76,561.00 78,612.00

80,269.00 82,541.00

84,198.00 8

70,250.00 73,508.00

75,165.00 76,989.00

78,645.00 80,696.00

82,352.00 84,632.00

86,288.00 9

72,559.00 75,818.00

77,474.00 79,298.00

80,954.00 83,006.00

84,663.00 86,937.00

88,593.00 10

78,353.00 80,007.00

81,833.00 83,490.00

85,540.00 87,196.00

89,473.00 91,130.00

11 81,112.00

82,768.00 84,589.00

86,243.00 88,301.00

89,958.00 92,233.00

93,888.00 12

87,580.00 89,236.00

91,284.00 92,941.00

95,215.00 96,871.00

13 94,494.00

96,150.00 98,427.00

100,083.00 14

101,864.00 103,521.00

17 17 T

O 19 years 4%

added to base =105,592.00

107,248.00 20


106,523.00 108,180.00

23 23 to 25 years 6%


109,113.00 26


108,388.00 110,045.00

29 29 to 31 years 8%


110,975.00 32

32 + years 9%


111,909.00 1. Transferred E

xperience: Experience outside the D

istrict is granted on a year-for-year basis up to 13 years for teachers hired subsequent to July 1, 2002. Thehighest initial placem

ent for teachers hired subsequent to July 1, 2002, will be ste 14.

2.Experience of less than 75%

of a year is not applicable to the salary schedule.3.C

ertificated personnel holding a Doctorate D

egree will receive an additional $900 (not listed on salary schedule).

4.Teachers who are eligible for horizontal m

ovement w

ill be placed on the maxim

um vertical step for w

hich they are eligible.5.A

gricultural Teachers are required to work 43 days in addition to the days enum

erated for all teachers in Article X

.

NO

TE: This salary schedule is based on sem

ester units.

NO

TE: This salary schedule is based on sem

ester units.

CER

ES U

NIF

IED

SC

HO

OL

DIS

TRIC

T

PRE

SCH

OO

L SA

LAR

Y SC

HED

ULE

20

16-2

017

(3%

incr

ease

Ret

ro t

o 7/

1/16

)

RANGE

A

B

C

D

EF

GH

I

Ch

ild

Cen

t.

AA

A

A+

l2

AA

+2

4

AA

+ 3

6

BA

B

A+

12

BA

+ 2

4 B

A+

36

1 22

,064

.00

24,1

1 1.

00

24,4

27.0

0 24

,953

.00

25,6

78.0

0 26

,611

.00

27,7

55.0

0 29

,093

.00

30,6

45.0

0 2

22,6

40.0

0 24

,685

.00

25,0

00.0

0 25

,527

.00

26,2

53.0

0 27

,187

.00

28,3

27.0

0 29

,668

.00

31,2

19.0

0 3

25,4

65.0

0 25

,783

.00

26,3

06.0

0 ·

27 ,0

3 4 .

0 0

27,9

66.0

0 29

,104

.00

30,4

49.0

0 31

,997

.00

4 26

,448

.00

26,7

69.0

0 27

,291

.00

28,0

18.0

0 28

,950

.00

30,0

91.0

0 31

,432

.00

32,9

79.0

0 5

27,6

37.0

0 27

,960

.00

28,4

82.0

0 29

,205

.00

30,1

38.0

0 31

,281

.00

32,6

23.0

0 34

,169

.00

6 29

,032

.00

29,3

50.0

0 29

,875

.00

30,5

98.0

0 31

,536

.00

32,6

76.0

0 34

,015

.00

35,5

67.0

0 7

30,6

33.0

0 30

,950

.00

31,4

75,0

0

3 2 ,2

0 0 .

0 0

33,1

37.0

0 34

,274

.00

35,6

15.0

0 37

,170

.00

8 32

,438

.00

32,7

55.0

0 33

,277

.00

34,0

04.0

0 34

,938

.00

36,0

77.0

0 37

,418

.00

38,9

67.0

0 9

34,4

48.0

0 34

,762

.00

35,2

88.0

0 36

,013

.00

36,9

47.0

0 38

,087

.00

39,4

28.0

0 40

,979

.00

10

39,1

61.0

0 40

,300

.00

41,6

42.0

0 43

,187

.00

11

44,0

63.0

0 45

,613

.00

12

46,6

90.0

0 48

,237

.00

NO

TE

: T

his

sala

ry s

ched

ule

is b

ased

on

sem

este

r u

nits

.

EXTRA PAY STIPENDS

"Extra Pay Stipends" are amounts of money agreed to by the Association and the District paid to certificated employees for designated services provided beyond their regular teaching duties and instructional time. Such stipends shall be paid pursuant to the table which follows. The table provides for services, numbers of possible stipends for each service, and compensation units for the service. Each compensation unit shall be valued at $370. Effective for the 2015-16 school year, each unit shall be valued at $384. Commencing with the 2016-17 school year, the value of the compensation unit shall be adjusted by the prior year's increase in base salary.

Site Service Units Site Service Units Department Chairs Junior High Athletics

9-12 Department Chairs 6 7-8 Junior High Athletic Director 13 7-8 Department Chairs 4 7 Baseball or Soccer 4

High School Athletics 8 Baseball or Soccer 4 9-12 Head Varsity Football 18 7 Basketball 4 9-12 Asst Varsity Football 8 8 Basketball 4 9-12 Head Soph Football 7 7 Football 4 9-12 Asst Soph Football 6 8 Football 4 9-12 Head Frosh Football 7 7 Softball 4 9-12 Asst Frosh Football 5 8 Softball 4 9-12 Varsity Volleyball 12 7 Track 4 9-12 Soph Volleyball 6 8 Track 4 9-12 Frosh Volleyball 6 7 Volleyball 4 9-12 Cross Country 8 8 Volleyball 4 9-12 Head Water Polo 11 7-8 Head Wrestling 4 9-12 Asst Water Polo 5 7-8 Asst Wrestling 3 9-12 Varsity Soccer 8 Performing Arts Advisors 9-12 Soph Soccer 6 9-12 High School Band Director 19 9-12 Head Varsity Basketball 13 9-12 Assistant Band Director 8 9-12 Asst Varsity Basketball 7 9-12 High School Choral Director 6 9-12 Soph Basketball 6 9-12 Choir Accompanist 5 9-12 Frosh Basketball 5 7-8 Junior High School Band 5 9-12 Head Wrestling 12 7-8 Junior High School Choral 5 9-12 Asst Wrestling 6 K-6 District Vocal Music 2 9-12 Head Varsity Baseball/Softball 12 K-6 District Instrumental Music 2 9-12 Asst Varsity Baseball/Softball 6 9-12 High School Drama 6 9-12 Soph Baseball/Softball 5 7-8 Junior High School Drama 5 9-12 Frosh Baseball/Softball 5 9-12 High School Dance 6 9-12 Head Track 12 7-8 Junior High School Dance 5 9-12 Head Asst Track 6 9-12 Asst Track 5 9-12 Head Swimming 10 9-12 Asst Swimming 5 9-12 Golf 5 9-12 Tennis 6

81

Site Service Units Other Advisors

9-12 Head Cheerleading Advisor 13

9-12 Asst. Cheerleading Advisor 7

7-12 Junior High Agriculture 7

9-12 High School Yearbook Advisor 6

7-8 Junior High Yearbook Advisor 5

K-6 Elementary Yearbook Advisor 2

Alt Ed Yearbook Advisor 3

9-12 Newspaper Advisor 3

9-12 Academic Decathlon 6

7-8 Junior High Academic Decathlon 2

9-12 Science Olympiad 6

7-8 Junior High Science Olympiad 2

9-12 Mock Trial Advisor 2

9-12 Public Speaking Advisor 4

9-12 Science Bowl 2

9-12 9/10 Class Advisor 3

9-12 11/12 Class Advisor 4

9-12 FFA Advisor 3

7-8 Junior High FFA Advisor 2

9-12 FBLA Advisor 2

9-12 FHA Advisor 2

7-8 Junior High Activities Advisor 4

K-6 Elementary Student Council Advisor 2

Alt Ed Student Council Advisor 2

Alt Ed Sports Advisor 1

9-12 Club Advisor 1

7-8 Club Advisor 1

Alt Ed Club Advisor 1

Coordinators

9-12 Technology Coordinator 5

7-8 Technology Coordinator 5

K-6 Technology Coordinator 5

Alt Ed Technology Coordinator 5

K-6 Traffic Patrol Coordinator 3

K-6 Elementary Outdoor Education 3

K-6 Elementary Sports & Equipment 3

K-12 Substance Abuse Coordinator 1

K-6 Career Education Coordinator 1

7-12 Career Education Coordinator 2

K-6 Teacher In Charge 4

Combination Classes

K-6 Combination Class Teachers 1

Certifications *

K-12 Google for Level 1 1

K-12 Google for Level 2 1

K-12 Google for EDU Cert. Trainer 3

K-12 CDCI Re-Certification 1

K-12 CDCI-Coach Certification 2

*These certifications are for increasing and improving services for students. These stipends will be paidby December 10th of each year based on the employees providing evidence of completion by October 1st.Should these certifications no longer meet the needs of the District or are no longer available, the Districtmay, at its discretion, remove these from the stipend list and notify the Association by March 1 of the school year prior to the impacted year.

82

ARTICLE XXV

SEPARABILITY AND SAVINGS

A. Separability and Savings

1. If any provisions of this Agreement should be held invalid by operation of law or by any state or federal court or administrative agency of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any state or federal court or administrative agency of competent jurisdiction pending a final determination to its validity, all other provisions of this Agreement or the application of the affected provision as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained shall not be affected thereby.

2. It is further agreed that within ten (10) days of receipt of notification of the above

circumstances, negotiations shall commence regarding matters related to such provisions.

84

ARTICLE XXVI

REOPENERS 1. Negotiations may be reopened by mutual agreement on any part of this contract.

2. Written notice shall be given by the Association to commence reopener negotiations during

each fiscal year of this Agreement no earlier than March 1st of the prior year. However, the District may commence reopener negotiations after September 1st of each fiscal year of this Agreement if the Association has not commenced reopener negotiations on or before August 31st. Each party shall be afforded the following number of articles to reopen:

A. 2016-2017: No reopeners, full successor negotiations completed

B. 2017-2018: Two reopeners, plus Articles 22 and 24

C. 2018-2019: Three reopeners, plus Articles 22 and 24

85

86

ARTICLE XXVII

WHITMORE CHARTER SCHOOL

The Ceres Unified School District and Whitmore Charter School recognize that the certificated employees of Whitmore Charter School are members of the Ceres Unifies Teachers’ Association (CUTA) and that their employment is governed by this Agreement as specifically noted in this Article and as agreed upon in Article II of this Agreement.

A. DEFINITIONS – The following definitions are applicable to the unit members who are

employees of Whitmore Charter School.

1. “Charter School,” “Whitmore” and “WCS” refer to Whitmore Charter School.

2. “Certificated Employee” refers to any Whitmore Charter School Teacher (classroom-based program) or Whitmore Advisory Teacher (home-based program) as well as any other certificated personnel who are required to hold credentials issued by the California Commission on Teacher Credentialing to perform their functions and are performing functions identified as functions of the unit positions recognized in Article II, Section A of this Agreement.

3. “Charter School Teacher” refers to a certificated staff member who is employed to teach

students in the classroom-based program at Whitmore Charter School and credentialed to do so by the State of California.

4. “Advisory Teacher” refers to a certificated staff member who is employed to teach students

in the home-base program at Whitmore Charter School.

5. “Hourly Rate of Pay” shall be the rate of pay per hour, established for services rendered by the certificated employee, as established annually by the administration.

6. “Class size” is defined in Section D of this Article.

7. “Minimum Day” is a day in which the students have fewer instructional minutes than in a

regular day.

8. “Extra Pay Stipend” is compensation for designated services provided beyond normal teaching duties, adjunct duties, and instructional time.

9. “Teacher in Charge” refers to a teacher at Whitmore Charter School who has been

designated by the principal to provide supervision, leadership, and oversight to the Whitmore certificated and classified staff and to perform other administrative duties in the principal’s absence and when otherwise needed.

10. The following terms are as defined in Article III, Definitions of this Agreement: “Daily Rate

of Pay”, “Work Days” “Instructional Days”, “Instructional Days”, “Non-Instructional Days”, “Partial Position” and “Combination Classes.”

87

B. PROFESSIONAL DUES OR FEES AND PAYROLL DEDUCTIONS

Professional dues or fees and payroll deductions will be in effect for WCS certificated staff in a manner that is consistent with those outlined in the CUTA Contracts.

C. CONSULT

Regular consultation meetings for Whitmore Charter School shall be held exclusively between Whitmore Charter School teachers and the Whitmore Charter School administration.

D. CLASS SIZE

1. In the Whitmore Charter School classroom-based program, all reasonable efforts shall be

made to maintain an average class size of 25 to 1 for grades 4-8. So long as Whitmore is receiving funds for Class Size Reduction (SCR), class size in grade K-3 shall be governed by and maintained in accordance with the requirements to continue to receive funding and the ability of the available funding to cover the cost of the program.

2. In the Whitmore Charter School home-base program, class size will be 25 to 1 for grades K-

12.

3. Specialized teachers (i.e., Music, Physical Education, Art, etc.) may have class sizes that exceed those listed above.

E. SCHOOL CALENDAR

1. Whitmore Charter School will use a traditional instructional day calendar for students which

is consistent with the Ceres Unified School District traditional instructional school day calendar.

F. TEACHING HOURS

1. The Whitmore Charter School certificated employees’ work year shall include one hundred

eighty-seven (187) work days, made up of one hundred eighty (180) instructional days and seven (7) non–instructional days.

Each certificated employee will work a professional workday and may leave school at the end of the teachers’ workday except when meeting professional responsibilities. Professional responsibilities may include but are not limited to, staff meetings, collaborative meetings, after-school trainings and other training sessions, IEP meetings, SST meetings, Open House, Back to School, and parent/teacher conferences.

4. Certificated employees in the classroom-base program shall be required to report for duty

fifteen (15) minutes before the start of the students’ regular school day, except when meeting the site duty schedule or scheduled staff meetings. Teachers shall remain on site and on duty thirty (30) minutes after the end of the students’ regular school day, except when meeting the site duty schedule or other scheduled meetings, duties, and events.

88

Duties will be assigned in a manner that meets the student supervision and safety requirements of the site.

4. The certificated employees’ workday shall include at least a thirty (30) consecutive minute

duty free lunch. The Charter School will provide appropriate supervision to accomplish this.

5. The annual instructional minutes for K-8 classes in the Whitmore Charter School classroom- based program will be 63,200 minutes for self-contained classrooms (plus or minus 180 minutes), and 67,800 minutes for departmentalized classes (plus or minus 180 minutes).

6. Itinerant certificated staff will work the same workday as other certificated staff at the

Whitmore Charter School classroom-based program. G. JOB SHARING AND PARTIAL CONTRACTS

1. Job sharing and partial contracts shall be at the discretion of WCS. Should such occur, the

requirements of Article XI of this Agreement shall be applicable. H. CERTIFICATED EMPLOYEE SAFETY

1. Charter School employees shall not be required to work in unsafe conditions or to perform

tasks that endanger their health, safety or well being.

2. Any certificated employee who observes a working condition that he/she believes to be unsafe or unhealthy shall report such condition in writing, including the reasons for believing it to be unsafe or unhealthy to his/her immediate supervisor. The priority of the Charter School shall be to investigate and remedy health and safety items.

3. Upon notification, the Charter School shall investigate and if found, eliminate or correct any

unsafe or hazardous condition as soon as possible.

4. Certificated employees shall, immediately and in writing, report cases of assault, threatened assault, or sexual harassment suffered by them in connection with their employment. Such reports will be investigated and appropriate action taken. Such reports will be held confidential.

5. The Charter School will provide appropriate certificated employees information regarding

students as required by law under Education Code Section 49079. Any information received by a teacher pursuant to Section 49079 shall be received in confidence for the limited purpose for which it was provided and shall not be further disseminated.

I. ASSIGNMENT, TRANSFER AND REASSIGNMENT

1. WCS’s administration shall determine the appropriate assignments for all Whitmore Charter

School certificated staff. Employees may be involuntarily transferred or reassigned to another grade level, another subject area, another site, or another program within the Whitmore Charter School structure in the best interests of the students, the staff member of the educational program as determined by the WCS administration.

89

2. A credentialed teacher may be designated to serve as a Teacher in Charge. The Teacher in Charge shall be paid a stipend which is consistent with the stipend paid to Teachers in Charge at other schools in Ceres Unified School District

3. Whitmore Charter School teachers that apply for a position in CUSD will be given an

interview for that position.

J. CERTIFICATED EMPLOYEE EVALUATION 1. Whitmore Charter School certificated staff shall be evaluated in a manner consistent with

Education Code section 44660 et seq. K. GRIEVANCE PROCEDURE

Grievance Procedures will be in effect for WCS certificated staff in a manner that is consistent with those outlined in the CUTA Contract with the modification that a grievance is any alleged violation of any section of this Agreement which is applicable to WCS certificated unit member and adjustments shall not be inconsistent with the terms of this Agreement which are applicable to WCS certificated unit members.

L. PARENT AND/OR STUDENT COMPLAINTS

1. Individual Level

Persons making complaints concerning certificated employees will be encouraged to address the complaint directly to the person against whom the complaint is lodged, unless otherwise provided by law. Upon receipt of a complaint from a parent/guardian/student, an attempt shall be made by the employee and/or the employee’s supervisor (e.g. teacher and/or principal) to resolve the complaint through a discussion of the issue with the complainant, certificated employee, and/or the supervisor. The Charter School Administrator is responsible for investigating complaints not resolved between the certificated employee and the complainant, and will attempt to resolve the complaint to the satisfaction of the person(s) involved.

2. Charter School Level

1. In the event the complainant does not believe the problem has been resolved

satisfactorily at the Individual level, the complainant shall be requested to put the complaint in writing and direct it to the Charter School administrator within thirty (30) calendar days of the final decision at the Individual level.

2. The certificated employee shall be notified of the complaint, have the right to meet with

the complainant and question him/her regarding the accuracy of the complaint, and be allowed to have an Association representative present in the meeting with the complainant.

90

3. The Charter School administrator or designee shall investigate the complaint with the employee, supervisor, complainant, and/or others to gain a better understanding of the problem. Within fifteen (15) calendar days the Charter School administrator or designee shall render a decision in writing, together with supporting reasons, to the parties involved. The Charter School administrator’s decision shall be final unless within ten (10) calendar days after delivery of the Charter School administrator’s decision, the complainant, the certificated employee, or the Charter School Administrator requests in writing a hearing before the Governing Board.

3. Governing Board Hearing

The Governing Board shall meet in closed session, unless the complainant and the employee request a public hearing. No party to a complaint may address the Board, either in closed or open session, unless the procedures of this Article have been followed. No hearing will be held by the Governing Board on any complaint until the Board has received the Charter School administrator’s written report concerning the complaint. The written report shall contain, but not be limited to:

a. The administrator’s written decision.

b. A copy of the signed original complaint.

c. Unless already clearly stated in the written complaint and/or administrator’s written

decision, a brief but specific summary of the complaint, the facts surrounding it, and the names of each employee involved, sufficient to inform the Governing Board and the employee(s) as to the precise nature of the complaint and to allow the employee(s) to prepare a defense.

d. The decision of the Governing Board following the hearing shall be final.

4. In the event the complainant fails to exhaust all remedies under the procedures provided

herein, or to abide by the time limits with respect to each step, the complaint shall be presumed to be abandoned, and the matter shall be considered settled in accordance with the Charter School’s last answer.

M. EMPLOYMENT STATUS

1. Permanent CUSD certificated employees who transfer to Whitmore Charter School shall

maintain their status and seniority as a permanent CUSD certificated employee. A certificated employee shall only be permitted to gain permanent status either in CUSD or Whitmore Charter School. A permanent Whitmore Charter School employee does not have employment rights with CUSD. A Whitmore Charter School employee shall not be involuntarily transferred to CUSD, unless he/she has established permanent status as a CUSD certificated employee.

2. An advisory teacher shall not gain permanent status at Whitmore Charter School, except if

he or she is also serving in a classroom-based assignment pursuant to subsection 5 below.

91

3. A probationary 1 or probationary 2 CUSD certificated employee transferring to Whitmore Charter School shall not be permitted to include such prior service toward gaining permanent status in the Whitmore Charter School.

4. Commencing July 1, 2009, a Whitmore Charter School employee shall gain permanent status

as an employee of Whitmore Charter School after serving in a classroom-based assignment for a .50 full-time equivalent or greater for five (5) complete consecutive school years as a “probationary” employee at Whitmore Charter School.

a. A classroom-based teacher whose employment at Whitmore Charter School commenced

during the 2004-2005 school year or thereafter shall be entitled to use up to three years of his/her service prior to July 1, 2009 as a classroom-based teacher to satisfy the (5) complete consecutive school year requirement. To be eligible, the prior service must be in a classroom-based assignment of .50 full-time equivalent or greater for consecutive and complete school years.

b. The Charter School Administrator shall notify a probationary employee if he or she has

earned permanent status on or before March 15 of the probationary employee’s fifth complete consecutive school year of employment.

c. At any time prior to the expiration of the probationary period, the Charter School

Administrator or designee may, at his/her discretion, dismiss a probationary employee. A probationary employee shall not be entitled to a hearing.

d. A “complete school year” is defined as 75 percent of the days the Charter School is in

session.

e. Service as a “temporary” or “substitute” teacher shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of the Charter School.

5. There may be instances when Whitmore Charter School will have to reduce its force. If a

reduction in force is necessary, the Charter School Administrator shall send written notice to a permanent employee stating that he or she shall not be reemployed (laid off) for the following school year. Such notice shall be sent on or before March 15 of the current school year. The Charter School Administrator’s decision to not reemploy a permanent employee shall be final and based on credentials held on or before January 1st of the current school year, length of service at Whitmore Charter School and the program needs of Whitmore Charter School. The District shall use Resolution Number 18-08-09, Resolution Determining Tiebreak Criteria. A Whitmore Charter School permanent employee shall not be permitted to displace a CUSD certificated employee. A CUSD certificated employee shall not be permitted to displace a Whitmore Charter employee. This notice shall not be afforded to advisory teachers or probationary employees.

Commencing with the 2017-18 school year, the District shall classify a permanent Whitmore Charter School classroom-based teacher as a CUSD second-year probationary teacher. For a Whitmore Charter School teacher who is not permanent at Whitmore Charter School, the District shall have the discretion to designate the teacher as CUSD second-year probationary employee, otherwise he or she shall be considered a first-year probationary employee.

92

6. DISCIPLINE AND DISMISSAL

7. The Charter School Administrator or designee may discipline a permanent employee for “just cause.” The term “discipline” includes, but is not limited to, dismissal, demotion, suspension, or suspension from duties without pay. This article does not limit the District’s or Charter School Administrator’s right to evaluate, reprimand, or counsel employees.

At any time prior to the expiration of the probationary period, the Charter School Administrator or designee may, at his/her discretion, dismiss a probationary employee. A probationary employee shall not be entitled to a hearing.

8. “Just Cause” Each of the following constitutes “just cause” for discipline:

An employee may be disciplined for cause as identified in Education Code sections 44932 (a) and 44939.

9. Notice of Proposed Disciplinary Action.

a. Prior to any such discipline being imposed, the Charter School Administrator shall

provide the employee with a written Notice of Proposed Disciplinary Action, which shall include a brief summary of the facts supporting the proposed disciplinary action.

b. The employee shall have five (5) working days to submit a written and/or oral response

to the Charter School Administrator or his/her designee. 10. Notice of Disciplinary Action.

a. After considering the employee’s response to the Notice of Proposed Disciplinary Action

or after the five (5) working day response period, the Charter School Administrator or his/her designee, may impose any level of disciplinary action against the employee by serving the employee with the Notice of Disciplinary Action.

b. The Notice of Disciplinary Action shall include a card or paper entitled “Request for

Hearing.” 11. Request for Hearing.

a. To request a hearing before the Governing Board, the employee may file the “Request

for Hearing” with the Superintendent’s office within fifteen (15) work days after service of the Notice of Disciplinary Action.

b. The Charter School Administrator or his/her designee may serve the Notice of

Disciplinary Action by personal delivery or by certified U.S. Mail. If the employee fails to file the “Request for Hearing” within the time specified, he/she shall be deemed to have waived his/her right to a hearing.

93

12. Hearing Procedures

a. If the employee submits a timely Request for Hearing, the Governing Board may conduct such a hearing itself or may appoint a designee to conduct the hearing. The hearing shall be held at the earliest convenient date, taking into consideration the established schedule of the Governing Board or hearing officer and the availability of counsel and witnesses. The parties shall be notified of the time and place of the hearing. The employee shall be entitled to appear personally, produce evidence, and have counsel. The employee shall not be entitled to a public hearing. The procedure entitled “Administrative Adjudication” commencing with Government Code 11500 shall not apply to any such hearing before the Governing Board or a hearing officer. Neither the Governing Board nor a hearing officer shall be bound by rules of evidence used in California courts. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the Governing Board.

b. At any time before an employee’s appeal is finally submitted to the Governing Board or

to a hearing officer for decision, the District may serve on the employee and file an amended or supplemental Notice of Disciplinary Action. Any new causes or allegations shall be deemed controverted and any objections to the amended or supplemental causes or allegation may be made orally at the hearing and shall be noted on the record.

c. If the hearing is conducted by the Governing Board, it may use the services of its

counsel or a hearing officer in ruling upon procedural questions, objections to evidence, and issues of law. The Governing Board may meet in closed session with its counsel or a hearing officer to deliberate. The Governing Board shall affirm, modify or revoke the Notice of Disciplinary Action.

d. If the hearing is conducted by a hearing officer, he/she shall prepare a proposed decision

in a form that may be adopted by the Governing Board as the decision in the case. A copy of the proposed decision shall be received and filed by the Board and furnished to each party within ten days after the proposed decision is filed by the Board. The Governing Board may:

(a) Adopt the proposed decision in its entirety.

(b) Modify any part of the proposed decision.

(c) Reject the proposed decision in its entirety.

e. In arriving at a decision or a proposed decision on the propriety of the proposed

disciplinary action, the Governing Board or the hearing officer may consider the records of any evaluation, discipline or prior personnel action against the employee.

13. Hearing Decision

a. The decision of the Governing Board shall be in writing and shall contain findings of

fact and the disciplinary action approved, if any. The findings may reiterate the language of the pleadings or simply refer to them.

94

b. The decision of the Governing Board shall be certified to the Charter School Administrator and he/she shall enforce and follow this decision. A copy of the decision shall be delivered to the employee personally or by U.S. Mail. The decision of the Governing Board shall be final.

14. Compulsory Leave of Absence

a. The Charter School Administrator shall ensure Whitmore Charter School does not

employ or retain in employment any person who has been convicted of any sex offense as defined in Education code 44010 or any controlled substance offense as defined in Education Code 44011. However, Whitmore Charter School may employ a person convicted of a controlled substance offense if the Governing Board determines from the evidence it requires that the person has been rehabilitated for at least five years.

b. An employee arrested for violating any sex offense as defined in Education Code section

44010 or any controlled substance offense as defined in Education Code section 44011 shall be immediately placed on compulsory leave of absence without pay.

N. LEAVES

Whitmore Charter School certificated employees shall be entitled to the leaves that are outlined in Article XIX of this Agreement.

O. CERTIFICATED EMPLOYEE BENEFITS

Benefits for Whitmore Charter School certificated staff members shall be as provided in Article XXII, of this Agreement.

P. RETIREMENT INCENTIVE PROGRAM

Retirement incentives for Whitmore Charter School certificated staff members shall be as provided in Article XXIII of this Agreement.

Q. SALARY SCHEDULE PROVISIONS AND TRANSFERRED EXPERIENCE

a. Certificated Salary Provisions

a. Whitmore Charter School certificated employees with permanent, contracted, and benefited positions will be paid on the Whitmore Charter School Salary Schedule

b. Experience outside the District shall be granted on a year-for-year basis up to fourteen

(14) years for all newly hired Whitmore Charter School certificated staff members entering into a permanent cont.

95

c. Experience of less than 75% of a year is not applicable to the salary schedule. Teaching experience under a K-12 credential equivalent to 75% of a school year will be transferred as one full year, e.g.143 days out of a 190 day contract year.

d. Certificated employees who are eligible for horizontal movement will be placed on the

maximum vertical step for which they are eligible. Salary schedule placement is based upon semester units.

e. Verification of Professional Growth Credit

i. Official verification of completed work must be submitted to the CUSD Personnel

Office prior to October 1 of any given year to qualify for Professional Growth Credit for salary schedule placement for that year. Official verification includes official transcripts, originals of official grade cards, or official/original verifications of completion.

ii. The responsibility for submitting all completed forms and verifications lies solely

with the certificated employee. If official verification of completion of courses is not presented to the Personnel Office by October 1, the units will not be lost, but must be carried over to the next salary year.

b. The “Payroll Period” shall be defined as monthly, beginning with the date agreed to by the District for certificated employee services to begin. Salary payments shall be made not later than the last business day of the month.

c. Advisory Teachers with Less than 20 Students (Home-based Education Program)

a. Advisory Teachers who have less than 20 students will be paid on an hourly basis using performance contracts, at a rate of 5 hours per pay period for each student served a minimum of 5 days during that pay period.

b. Advisory Teachers with less than 20 students may be paid for additional duties (i.e.,

attendance at staff meetings and collaborative meetings, adjunct duties, etc.) as assigned by the WCS administration and will be paid on a pre-approved hourly basis using performance contracts.

c. The hourly rate of pay will be the rate of pay per hour, established for services rendered

by the certificated employee, as established annually by the administration.

d. Student assignments for Advisory Teachers will be made at the discretion of the Whitmore Charter School administration.

d. Advisory Teachers with 20 or More Students (Home-based Education Program)

a. An Advisory Teacher who has 20 or more students will be offered a full contract with benefits and placement on the Whitmore Charter School certificated salary schedule according to the provisions in Section A above.

96

b. Once an Advisory Teacher is fully contracted, all meetings, adjunct duties, and other professional responsibilities associated with the position become inherent in that Advisory Teacher’s contract and will not be compensated separately from that contract.

c. If a fully contracted Advisory Teacher’s student load drops below 20 students for two or

more consecutive pay periods, that Advisory Teacher’s position may be converted from a fully contracted position to a non-benefited hourly position and paid on a performance contract.

d. Student assignments for Advisory Teachers will be made at the discretion of the

Whitmore Charter School administration.

Whitm

ore Charter School - C

ertificated Salary Schedule 2016-2017

(3% increase R

etro to 7/1/16) w/longevity 1.08%

RANGE

B

C

CM

D

DM

E

EM

F

FM

BA+24

BA+36

C+MA

BA+48

D+MA

BA+60

E+MA

BA+72

F+MA

STEP 1

49,154.00 52,248.00

53,819.00 0.00

0.00 0.00

0.00 0.00

0.00 2

49,849.00 52,946.00

54,519.00 56,248.00

57,820.00 0.00

0.00 0.00

0.00 3

50,760.00 53,854.00

55,428.00 57,161.00

58,733.00 60,679.00

62,254.00 0.00

0.00 4

51,884.00 54,973.00

56,546.00 58,282.00

59,857.00 61,804.00

63,377.00 65,535.00

67,110.00 5

53,221.00 56,314.00

57,888.00 59,620.00

61,195.00 63,142.00

64,716.00 66,874.00

68,447.00 6

54,768.00 57,863.00

59,439.00 61,171.00

62,744.00 64,690.00

66,264.00 68,427.00

70,002.00 7

56,536.00 59,629.00

61,205.00 62,934.00

64,508.00 66,457.00

68,030.00 70,190.00

71,765.00 8

58,518.00 61,607.00

63,183.00 64,915.00

66,489.00 68,436.00

70,011.00 72,174.00

73,748.00 9

60,711.00 63,802.00

65,376.00 67,110.00

68,684.00 70,632.00

72,207.00 74,368.00

75,941.00 10

60,711.00 66,208.00

67,782.00 69,519.00

71,094.00 73,041.00

74,616.00 76,774.00

78,350.00 11

60,711.00 68,833.00

70,407.00 72,137.00

73,710.00 75,661.00

77,236.00 79,397.00

80,972.00 12

60,711.00 68,833.00

70,407.00 74,977.00

76,551.00 78,497.00

80,071.00 82,231.00

83,806.00 13

60,711.00 68,833.00

70,407.00 74,977.00

76,551.00 81,545.00

83,119.00 85,282.00

86,856.00 14

60,711. 00 68 ,833 .00

70,407.00 74,977.00

76,551.00 81,545.00

83,119.00 88,545.00

90,120.00 17


92,086.00 93,662.00

20


92,9 7 2 . 0 0 94,547.00

23


93,858.00 95,433.00

26


94,743.00 96,318.00

29


95,629.00 97,204.00

32

32 + years 9%

added to base =

96,514.00

98,089.00 1. T

ransferred Experience: E

xperience outside the Charter School is granted on a year-for-yea r basis up to 13 years.

2. Experience of less than 75%

of a year is not applicable to the salary schedule. 3. S

pecial Education credential: 1.5 units w

hen teaching in a position requiring the authorization. 4. C

ertificated personnel holding a Doctorate D

egree will receive an additional $900-(not listed on salary schedule).

5. Teachers w

ho are eligible for horizontal movem

ent will be placed on the m

aximum

vertical step for which they are eligible.

NO

TE

: This salary schedule is based on sem

ester units.

contract agreement - ceres unified school district · contract agreement between ... teachers on...

Documents