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Remet Unified School District & Hemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1,2013 to June 30, 2016

TABLE OF CONTENTS

ARTICLE I: AGREEMENT I

ARTICLE 2: RECOGNITION 2

ARTICLE 3: ORGANIZATIONAL SECURITY 2

ARTICLE 4: DISTRICT RIGHTS 4

ARTICLE 5: ASSOCIATION RIGHTS 6

ARTICLE 6: GRIEVANCES 8

ARTICLE 7: HOURS OF EMPLOYMENT 12

ARTICLE 8: HEALTH AND WELFARE BENEFITS 22

ARTICLE 9: SALARIES 23

ARTICLE 10: TRANSFER AND REASSIGNMENT OF PERSONNEL 30

ARTICLE II: YEAR-ROUND EDUCATION - THIS ARTICLE SHALL BE SUSPENDED

UNTIL THE DISTRICT RETURNS TO A YEAR-ROUND SCHEDULE 38

ARTICLE 12: LEAVES 39

ARTICLE 13: SAFETY CONDITIONS 50

ARTICLE 14: CLASS SIZE 53

ARTICLE IS: EMPLOYEE EVALUATION AND OBSERVATION PROCEDURES 55

ARTICLE 16: COMPLAINT PROCEDURE 59

ARTICLE 17: PEER ASSISTANCE AND REVIEW (PAR) 62

ARTICLE 18: CERTIFICATED DISCIPLINE PROCEDURE 71

ARTICLE 19: CLASSROOM TEACHER INSTRUCTIONAL IMPROVEMENT PROGRAM ... 73

ARTICLE 20: LOTFERY REVENUE 76

ARTICLE 21: SAVINGS 76

ARTICLE 22: CONCERTED ACTIVITIES 77

ARTICLE 23: ABSENCE TO ATTEND MEETINGS 77

ARTICLE 24: EFFECT OF AGREEMENT; ENTIRE AGREEMENT 78

ARTICLE 25: NONDISCRIMINATION 79

ARTICLE 26: COMPLETION OF MEET AND NEGOTIATION 8 I

Hemet Unified School District & Hemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

Appendices

Appendix A 83

Appendix B-I 85

Appendix B-2 87

Appendix C 89

Appendix D 99

AppendixE 100

Appendix F-I 102

Appendix F-2 104

AppendixG 106

Appendix H 107

Appendix I 108

Appendixi 110

II

Hemet Unified School District & Hemet Teachers Association, CTANEA

Collective Bargaining AgreementJuly 1, 2013 to June 30, 2016

I ARTICLE 1: AGREEMENT

2 1.1 This is a bilateral and binding Agreement (“Agreement”) by and between

3 the Hemet Unified School District (“District”) and the Hemet Teachers

4 Association, CTA-NEA (“Association”), an employee organization. This

5 Agreement is entered into pursuant to Sections 3540-3549 of the

6 California Government Code.

7 1.2 This agreement shall be effective from July 1, 2013, through June 30,

8 2016. The Association shall submit its initial proposal to the District for

9 a successor agreement prior to the expiration of this Agreement. The

10 parties agree to reopen one (1) article each for the 2015/2016 school year

ii excluding Articles S (Health and Welfare Benefits) and 9 (Salary). For the

12 2015/16 school year, if the enacted state budget has the Local Control

13 Funding Formula (LCFF) gap funding percentage above 32.19%, either

14 party may elect to reopen salary and benefits for 20 15/16.

15 1.3 The District and Association agree that it is to their mutual benefit and to

16 the benefit of the educational program and the pupils of the District to

7 encourage the resolution of differences through the meet and negotiation

I 8 process. Therefore, it is hereby agreed that the parties will support this

19 Agreement for its term.

20 1.4 Should the State Legislature broaden the scope of the Rodda Act by

2 I expanding the existing provisions of or adding new provisions to

22 Government Code Section 3543.2, as to these new items, at any time that

23 this contract is reopened such items may be the subject of negotiations

24 upon demand of either party.

25 1.5 Negotiations as to the traditional calendar may be conducted separately

26 from the remaining provisions of this Agreement, and shall be commenced

27 no later than May 1, of each year of this Agreement. The parties shall

I

Hemet Unified School District & Hemet Teachers Association, CTA.NEA


I attempt to reach agreement by the end of the school year for the

2 traditional calendar.

3 1.6 The District will provide the Association with a final copy of the collective

4 bargaining agreement within 90 days of Governing Board approval.

5 ARTICLE 2: RECOGNITION

6 2,1 Pursuant to the requirements of Government Code Section 3544.1, the

7 District recognizes the Association as the exclusive representative for the

8 unit described as follows:

9 “Ml full-time, part time, temporary and dependent charter school

10 certificated employees, in the Hemet Unified School District. Excluded

I I from this unit are all certificated employees designated by the District as

12 management, supervisory and confidential, pre-school teachers and all

13 substitutes who work in the Hemet Unified School District.

14 ARTICLE 3: ORGANIZATIONAL SECURITY

15 3.1 Any employee in the bargaining unit who is a member of the Association,

16 or who has applied for membership, may sign and deliver to the District a

17 written statement authorizing deduction of membership dues, initiation

18 fees, and general assessments of the Association. Pursuant to such

19 authorization, the District shall deduct one-tenth (1/10) of such dues from

20 the regular salary check of a member each month for ten (10) months for

21 employees on a ten (10) month pay schedule, or deduct one-twelfth (1/12)

22 of such dues from the regular salary check each month for twelve (12)

23 months for employees on a twelve (12) month pay schedule. Deductions

24 for members who sign such an authorization after the commencement of

25 the school year shall be appropriately prorated to complete payments by

26 the end of the school year. The District shall not be obligated to put into

2


July 1,2013 to June 30, 2016

effect any new or changed deduction until the pay period which

2 commences thirty (30) days or more after such submission.

3 3.2 Effective with the ratification of this agreement, any employee in the

4 bargaining unit who is not a member of the Association, or who does not

5 make application for membership within thirty (30) days from the date of

6 commencement of assigned duties within the bargaining unit, shall

7 become a member of the Association or pay to the Association a service fee

8 in an amount not to exceed membership dues, initiation fees, and general

9 assessments. This service fee shall be payable to the Association in one

10 lump sum cash payment in the same manner as required for the payment

1! of membership dues, provided, however, that the employee may authorize

12 payroll deduction for such fee in the same manner as provided in 3.1 of

13 this Article. In the event that an employee shall not pay such fee directly

14 to the Association, or authorize payment through payroll deduction as

15 provided in 3.1, the Association shall so inform the District, and the

16 District shall immediately begin automatic payroll deduction as provided

17 in Education Code 45061 and in the manner as set forth in 3.1.

18 3.2.1 Each employee in the bargaining unit who was a member of the

19 Association on March 27, 1996, and each employee in the

20 bargaining unit who becomes a member after that date shall,

21 maintain her/his membership in the Association or alternatively

22 pay a service fee as provided in 3.1.

23 3.3 The provisions of paragraphs 3.2 and 3.2.1 herein above, do not apply to

24 any employee who has a religious belief as defined by Section 3546.3 of

25 the Government Code, which does not permit joining or otherwise

26 supporting an employee organization. In such case, the employee shall

27 pay to the United Way or a qualified scholarship fund approved by the

3

Hemet Unified School District & Bernet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1,2013 to June 30,2016

District, an amount not to exceed the service fee, as defined in 3.2, as a

2 condition of continued employment. An employee claiming an exemption

3 from the service fee required hereunder shall provide a statement to the

4 Association setting forth the reasons upon which the exemption is taken.

5 3.3.1 Proof of such payment may be required in accordance with the

6 provisions of Section 3546.3 of the Government Code.

7 3.4 With respect to all sums deducted by the District, the District will remit

8 such monies to the Association accompanied by an alphabetical list of

9 employees from whom such deductions have been made. The list shall

10 designate those individuals paying Association dues and those individuals

11 paying service fees.

12 3.5 The Association agrees to furnish any information needed by the District

13 to fulfill the provisions of this Article, and agrees to provide notice to all

14 service fee payers of their legal rights and obligations as required by

15 applicable law.

16 3.6 Disputes involving this Article shall be settled between the Association

17 and the employee and shall not be subject to the grievance procedure.

18 3.7 The Association shall indemnir and reimburse the District for attorney’s

19 fees, all costs, expenses, fees, and judgments incurred by the District and,

20 ffirther, shall fully indemnifSr the District against any and all lawsuits or

21 other legal proceedings which may be brought against the Board or

22 District personnel challenging the legality or constitutionality of the

23 organizational security provisions of this Agreement or their

24 implementation or administration.

25 ARTICLE 4: DISTRICT RIGHTS

26 4.1 It is agreed that the District retains all of its powers of direction,

27 management and control provided by law. Included in these District

4

Bernet Unified School District & Hemet Teachers Association, CTA-NEA


powers provided by law and consistent with this Agreement are the

2 exclusive rights to:

3 4.1.1 Determine its organization.

4 4.1.2 Direct the work of its employees.

5 4.1.3 Determine the hours of District operations.

6 4.1.4 Determine the kinds and levels of services to be provided, as well

7 as the methods and means of providing them.

8 4.1.5 Establish its educational policies, goals and objectives.

9 4.1.6 Insure the rights and educational opportunities of students.

10 4.1.7 Determine staffing patterns.

11 4.1.8 Determine the number and kinds of personnel required.

12 4.1.9 Maintain the efficiency of District operations.

13 4.1.10 Determine District curriculum.

14 4.1.11 Design, build, move or modifS’ facilities.

15 4.1.12 Establish budget procedures and determine budgetary allocation.

16 4.1.13 Determine the methods of raising revenue.

17 4.1.14 Take reasonable action on any matter in the event of emergency.

18 4.1.15 Contract out work.

19 In addition, the Governing Board retains the right to hire,

20 classi’, assign, evaluate, promote, demote, terminate, and

21 discipline employees under provisions of the Education Code.

22 This recital in no way limits other District powers as granted by

23 law.

24 4.2 The exercise of the foregoing powers, rights, authority, duties and

25 responsibilities by the District, the adoption of policies, rules, regulations

26 and practices in furtherance thereof, and the use of judgment and

27 discretion in connection therewith, shall be limited only by the specific

5

Hemet Unified School District & Hemet Teachers Association, CTA.NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

1 and express terms of this Agreement, and then only to the extent such

2 specific and express terms conform with law.

3 4.3 The District retains its right to amend, modi& or rescind policies and

4 practices referred to in this Agreement as required in cases of emergency.

5 The determination of whether or not an emergency exists is solely within

6 the discretion of the Board. However, prior to any declaration of

7 emergency, the District shall consult with the Association President or

8 designee. Emergencies shall not be declared capriciously, arbitrarily or in

9 retaliation for the exercise of employee rights.

10 ARTICLE 5: ASSOCIATION RIGHTS

Il 5.1 The Association and its members shall have the right to make

12 use of school equipment, buildings and facilities for Association

13 related matters. Such equipment shall include all types of

14 audiovisual equipment. Such use shall be for Association

15 business and subject to reasonable regulation by the District.

16 5.2 The Association shall have the right to post notices of activities and

17 matters of Association concern on Association bulletin boards, at least one

18 of which shall be provided in each school building in areas frequented by

19 teachers. The Association may use the District mail service and teacher

20 mailboxes for communications to teachers. Provisions will be made for

21 any Association announcements during faculty meetings.

22 5.3 Authorized representatives of the Association shall be permitted to

23 transact official Association business on school property subject to

24 reasonable regulation by the building administrator so long as said

25 activity does not interfere with the education process.

6

Hemet Unified School District & Hemet Teachers Association, CTA-NEA

Collective Bargaining AgreementJuly 1,2013 to June 30, 2016

1 5.4 One copy of a listing of names, and if available, addresses and telephone

2 numbers, and school sites of all unit members shall be provided at District

3 expense to the Association by November 1 of each year.

4 5.5 The District will maintain its practice of providing the Association with

5 District Governing Board meeting agendas, including all non-confidential

6 support materials to each building site and to the Association President.

7 5.6 Association Meetings on Wednesdays.

8 5.6.1 Association meetings on Wednesdays shall be scheduled as

9 follows:

10 5.6.1.1 Second and third Wednesdays of every month will be set

Ii aside for Association meetings as required by the Hemet

12 Teachers Association

13 5.7 President’s Release: The District and Association agree that the

14 Association President shall receive full release days (184) from his/her

IS assignment. (This number of days will always equal the number of teacher

16 contract days.)

17 5.7.1 The parties agree that effective July 1, 2005, the elected President

18 of the Hemet Teachers Association will be fully released. The

19 District shall pay half of the salary at Column D, Step 1 on the

20 certificated bargaining unit salary schedule. The Association shall

21 pay the other half of the aforementioned salary. The District shall

22 pay for all health and welfare costs up to the cap for the President,

23 as well as all statutory benefits that are paid by the District on

24 behalf of all other certificated bargaining unit members.

25 5.7.2 It is understood that the Association President shall have access to

26 all District sites. The Association President shall have the right to

27 return to the site and assignment from which he/she was assigned

7

Hemet Unified School District & Bernet Teachers Association, CTA.NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

previous to release up to a maximum of four (4) consecutive years.

2 There shall be no loss of seniority, salary, or benefits.

3 5.8 Association Leave: Bargaining unit members designated by the

4 Association President may be granted release time from duties for

5 the purpose of conducting Association business including CTNNEA

6 business under the following conditions:

7 5.8.1 The Association or CTMNEA shall pay the daily rate of pay for

8 substitute(s) when one is secured.

9 5.8.2 No Unit Member shall exceed forty (40) days of Association release

tO in any school year. Any days not used shall not be carried over to

II the next year. All Association Leave requested shall be made on

12 the District approved form. This form shall be fonvarded to the

13 HTA President.

14 ARTICLE 6: GRIEVANCES

15 6.1 Definition. A “grievance” is an allegation by a grievant that there has

16 been a violation, misapplication or misinterpretation of a provision of this

17 Agreement. A grievant may be a unit member or the Association.

18 6.1.1 For purposes of this Article a “day” is any day that is a regular

19 certificated employee workday. If the grievant requests in

20 writing, a “day” would be any day on which the District

2 I Administration Office is open for regular business.

22 6.2 Purpose. The purpose of this procedure is to secure, at the lowest

23 possible administrative level, a resolution of the grievance.

24 6.2.1 Nothing herein limits the right of an employee having a grievance

25 to discuss the matter informally with an appropriate member of

26 the District administration and to have a grievance adjusted

27 without intervention or representation by the Association,

B



provided that such adjustment is consistent with the terms of this

2 Agreement.

3 6.2.2 Any change in grievance forms will be developed jointly by the

4 District and the Association.

5 6.3 Time. Since it is important that a grievance be resolved as rapidly as

6 possible, the time limits specified in this Article shall be considered

7 maximums. Failure of the grievant to act within these time limits bars

8 further appeal. Failure of the District to give a decision within these time

9 limits permits the grievant to proceed to the next step.

10 6.4 Representation. An employee with a grievance may represent

I I her/himself through Level III of her/his grievance procedure, or at the

12 employee’s sole option, may choose to be represented by the Association.

13 If the grievant is not represented by the Association, the District will give

14 the Association notification of the proposed resolution. Any response

IS thereto must be made by the Association within ten (10) days of receipt of

16 such notification.

17 6.5 Release Time. Hearings and conferences under this procedure shall be

18 conducted at a time and place which will afford an opportunity for all

19 persons entitled to be present to that end and will be held, insofar as

20 possible, after the regular hours of instruction or during the non-teaching

2 1 time of personnel involved. When such hearings and conferences are held

22 at the request of the District during the regular workday, all employees

23 whose presence is required shall be released without loss of pay for those

24 hours they are required to attend such hearing or conference. This

25 provision shall apply only to the grievant, and to her/his representative if

26 that representative is an employee. Only one representative per

27 grievance will be released by the District without loss of pay.

9

Hemet Unified School District & Hornet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

1 6.6 Level I. Prior to the filing of a written grievance, an employee shall

2 attempt to resolve the matter by meeting with the immediate supervisor.

3 If the grievant feels that the immediate supervisor is not an appropriate

4 person with whom to discuss the matter, the grievant may confer with the

5 Personnel Administrator, who may designate the appropriate

6 administrator for the purpose of the Level I conference.

7 6.7 Level II. If the grievance is not satisfactorily resolved at Level I, a

8 written grievance must be delivered to the employee’s immediate

9 supervisor or appropriate administrator within twenty (20) days of the

10 purported incident. The written grievance shall be set forth in a clear,

ii concise manner, and shall deal with the specifics of the purported

12 violation of this Agreement, including the factual circumstance

13 surrounding the purported violation. The written grievance shall set forth

14 the previous decision, if any, by the immediate supervisor or appropriate

15 administrator at Level I.

16 6.7.1 Within ten (10) days of receipt of the grievance, the grievant and

17 the supervisor shall meet to discuss the grievance and attempt to

18 arrive at a mutually satisfactory solution. Within ten (10) days of

19 this meeting, the supervisor shall respond in writing to the

20 grievant with a copy to the Association President.

21 6.8 Level III. An employee not satisfied with the Level II decision may

22 within ten (10) days of receipt of the written response submit a written

23 appeal to the Superintendent or designee.

24 6.8.1 The written statement of appeal shall contain a clear, concise

25 statement of the reasons for appeal to the Superintendent or

26 designee, a copy of the original grievance, and a copy of the Level

27 II decision.

10

Hornet Unified School District & Hernet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

1 6.8.2 Within ten (10) days of receipt of the grievance, the grievant and

2 the Superintendent or designee shall meet to discuss the

3 grievance and attempt to arrive at a mutually satisfactory

4 solution. Within ten (10) days of this meeting, the

5 Superintendent or designee shall respond in writing to the

6 grievant with a copy to the Association President.

7 6.9 Level TV. An employee not satisfied with the Level III decision may

8 within ten (10) days of the receipt of the written response request the

9 Association to submit the grievance to arbitration. If the Association

10 decides to submit the grievance to arbitration, it may within ten (10) days

II of receipt of the request from the grievant, give written notice to the

12 Superintendent of its intent to submit the grievance to arbitration. If any

13 question arises as to the arbitrability of the grievance, such question will

[4 be ruled upon first by the arbitrator.

15 6.9.1 Within ten (10) days after receipt by the District of the written

16 notice of intent to arbitrate, the Superintendent or designee and

17 the Association will attempt to agree on a mutually acceptable

18 arbitrator and to obtain a commitment from the arbitrator to

19 serve. If the parties are unable to agree, a request for a list of

20 seven arbitrators may be made to the American Arbitration

2 1 Association by either party. The parties will then be bound by the

22 rules and procedures of the American Arbitration Association in

23 the selection of an arbitrator, and that arbitrator shall proceed

24 under the Voluntary Labor Arbitration Rules of the American

25 Arbitration Association.

26 6.9.2 The arbitrator’s decision will be in writing and will set forth

27 findings of fact, reasoning and conclusions on the issues

11

ilemet Unified School District & Hemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1,2013 to June 30, 2016

1 submitted. The arbitrator, in rendering her or his opinion, shall

2 not amend, modify. nullify, ignore, or add to the provisions of this

3 Agreement. The arbitrator’s authority shall be limited to deciding

4 only the issue or issues presented in writing by the District and

5 the grievant or the grievant’s representative. The arbitrator’s

6 decision shall be based upon the arbitrator’s interpretation of the

7 meaning or application of the language of this Agreement. The

8 decision of the arbitrator will be final and binding and will be

9 submitted to the District and the Association.

10 6.9.3 The costs of the compensation to the arbitrator and the

ii reimbursement of the arbitrator’s travel and subsistence

12 expenses, as well as the cost of a hearing room, will be borne

13 equally by the District and the Association. All other costs will be

14 borne by the party incurring the costs.

15 ARTICLE 7 HOURS OF EMPLOYMENT

16 7.1 Classroom Teachers.

17 7.1.1 Work Year. The work year shall be as provided for on the school

[8 calendar, and shall not exceed 184 days.

19 7.1.2 Work Week. The regular work week shall be Monday through

20 Friday except as such a week might be changed by national, state,

21 or local holidays, or the school calendar.

22 7.1.3 Work Day. Employees shall be on the work site prior to the

23 beginning of the student’s regular school day in accordance with

24 the before school duty schedule in effect at the site to which the

25 employee is assigned, and shall remain on the worksite after the

26 students’ regular school day ends in accordance with the after

27 school duty schedule in effect at said site and in keeping with the

12


July 1, 2013 to June 30, 2016

district-wide duty day. If program assignments are such that

2 different employee assignments require different daily beginning

3 and ending times, these times will be determined by the District,

4 however each such assignment shall be in compliance with 7.1.4

5 below.

6 7.1.4 In accordance with past practices, it is recognized that the total

7 amount of time regularly required to be spent at a school site by

8 employees may vary, due to differences in assignment, extended

9 day schedules, conferences and for other reasons. Duty time will

10 be no fewer minutes than the classroom teacher duty day unless

II mutually determined and agreed upon between the employee and

12 the principal.

13 7.1.5 Lunch. All employees shall be entitled to one, duty free,

14 uninterrupted lunch period per day of no less than thirty (30)

15 minutes in length.

16 7.1.6 Duty Minutes. All certificated employees will have the same

17 length of regular duty day exclusive of the lunch period as set

18 forth below:

19 7.1.6.1 Elementary teachers, including grades TK through 8 in

20 TK -8 schools, shall be assigned by the site administrator

21 no more than ninety (90) minutes per week of student

22 supervision duty to be performed at recess and/or before

23 or after school. Middle School teachers in sixth (6th)

24 through eighth (8th) grade shall be assigned by the site

25 administrator no more than five hundred (500) minutes

26 per year of student supervision before or after school.

13


July 1, 2013 to June 30, 2010

1 7.1.6.2 Elementary teachers, including grades 1-8, shall have a

2 total of 170 minutes of preparation periods per week,

3 including one period of at least 50 minutes unless

4 teachers in grades 6-8 are assigned to a middle school

5 schedule as indicated above. All such preparation periods

6 shall be provided in blocks of at least 30 minutes per

7 period.

8

9 Minutes

10 TK/ffindergarten Instructional 212

II Prep 55

12 TK/K-Instructional Assistance 40

13 Before/After KLunch 84

14 TOTAL 39115

16 1-3 Instructional Time/Prep 315

17 [Elementary] Recess 36

18 Before/After 40

19 TOTAL 39120

21 4-8 Instructional Time/Prep 326

22 [Elementary] Recess 25

23 Before/After 40

24 TOTAL 39125

26 6-8 Instructional Time 336

27 [Middle School] Passing/Before/After 55

28 TOTAL 391

14

Bernet Unified School District & Bernet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1,2013 to June 30, 2016

2 9-12 Instructional Time 336

3 [Secondary] Passing 40

4 Before/After 15

5 TOTAL 391

6

7 7.1.6.3 Elementary planning time teachers (grades 1-8) in TK-8

8 schools shall receive planning time as follows:

9 a. Elementary planning time teachers who work the

10 majority of their time under an elementary schedule shall

II receive planning time in the same manner as elementary

12 teachers at the same site.

13 b. Elementary planning time teachers who work the

14 majority of their time under a middle school schedule

IS shall receive planning time in the same manner as middle

16 school teachers at the same site.

17 7.1.6.4 The duty minutes described above will not be applicable

18 on field trip days, where hours may be modified to comply

19 with required supervisory times. Elementary specialists,

20 such as itinerant music, physical education, etc., teachers

21 shall be on the 4-8 schedule.

22 7.1.7 Waivers. Full-time employees may request the building principal

23 to waive after school duty time for the following reasons: medical

24 and dental appointments, college classes, attendance at District

25 sponsored activities, attendance at Association meetings and

26 necessary personal business. If there is no interference with

Is



I assigned duties, principals will waive after school duty time for

2 Association meetings.

3 7.2 The hours of work of full-time employees whose assignment hours differ

4 from the students’ regular school day, including but not limited to speech

5 therapist, counselors, psychologists, nurses and librarians shall be as

6 required under Section 7.1.4.

7 7.3 The hours of work of regular part-time employees covered by the

8 Agreement shall be prorated to that of full-time employees.

9 7.4 In accordance with past practices, District employees covered by this

10 Agreement shall be present at the discretion of management to render

II professional service, including but not limited to, attend staff meetings,

12 parent conferences, open house activities, teacher-parent meetings, and

13 supervision of student activities.

14 7.4.1 In addition to the activities and duties described in Section 7.4, the

15 District may require employees covered by this Agreement to attend one

16 (1) site-based staff development meeting each month. Such meetings

17 shall last no longer than one (1) hour.

18

19 7.5 Full-time secondary school teachers shall be provided with a daily

20 preparation period to further the instructional program. This is not a free

2 1 period, but a period for student conferences, class preparation and other

22 assigned responsibilities.

23

24 7.6 Full-time elementary school teachers shall be provided with preparation

25 periods as set forth in 7.1.6, above, to further the instructional program.

26 These are not free periods, but periods for conferences regarding students,

27 observations and class preparation. This period will not be used for in

16


July 1, 2013 to June 30, 2016

I service meetings, staff meetings, or meetings concerning State mandated

2 programs. The principal and staff of each elementary school will meet at

3 the beginning of each school year to collaboratively develop a plan for the

4 delivery of preparation time during the parent conference weeks.

5 Contractual preparation time minute requirements may be modified to fit

6 the parent conference week plan developed by the principal and staff in

7 order to equalize preparation time. Each school could have different

8 solutions which shall not be precedential for either the school or other

9 schools. If agreement cannot be reached between the staff and the

10 principal, the matter will be referred to HRJHTA President for resolution.

II This will not result in additional general find cost. The goal is to equalize

12 the preparation time during the two conference weeks for those teachers

13 who provide parent conferences.

[4 7.7 Adult Education Teachers.

15 7.7.1 Employee Work hours. The lengths of the work year, work

16 week, and work day as well as the number of employees in Adult

17 Education are dependent upon fluctuations in average daily

18 attendance, categorical funding changes, and community needs.

19 The District reserves the right to add to, reduce, or eliminate the

20 work hours of any employee in Adult Education based upon such

21 fluctuations.

22 7.7.2 Necessary Attendance. The District shall determine the

23 amount of student attendance necessary for the scheduling,

24 maintenance and/or cancellation of any Adult Education class.

25 7.7.3 On-Site Time. Employees assigned as classroom teachers will be

26 at the worksite before the beginning of their class and remain on

17



1 duty at the worksite, except for authorized break periods, for the

2 period of the class.

3 7.8 TKfKindergarten Teachers.

4 7.8.1 Supervision. Teachers shall supervise T}Ctkindergarten

5 students involved in TIC/kindergarten activities.

6 7.8.2 Lunch Duty. TIC/Kindergarten lunches will be provided before

7 or after instructional time. Teacher supervision is not required if

8 other supervision is available.

9 7.8.3 Instructional Assistance. Assignments of TIC/kindergarten

10 teachers to instructional assistance will be with other

11 TIC/kindergarten teachers if at all possible. In any event, such

12 assignments shall be limited to primary grade instructional

13 programs.

14 7.9 Counselors.

15 Prior to posting a position for a counselor whose assignment will be at

16 more than two sites, the Association will be consulted.

17 7.10 New Teachers to District.

I 8 For the purpose of orientation to the District prior to the return to work

19 date for all teachers, new teachers will be compensated on the Appendix

20 C-3 Extra Pay Schedule at the “New Teacher Orientation Rate.”

21 7.11 Secondary School Teachers.

22 7.11.1 Grade Submission. Grades shall not be required to be submitted

23 before the completion of the third school day following the end of the

24 grading period unless there is an emergency.

25 7.11.2 Parent/Teacher Programs. In the event any parent/teacher

26 program is scheduled in excess of two (2) per school year, provision will be

18


July 1, 2013 to June 30, 2016

made for a shortened day for the teaching staff so they may return for the

2 evening program.

3 7.12 Shared Certificated Contracts.

4 7.12.1 Only elementary teachers will be considered for a shared teaching

5 assignment. Secondary teachers may apply for partial

6 assignments.

7 7.12.2 “Shared Assignment/Contract” will be defined as splitting

8 (sharing) a duty day or a duty week. (Sharing on a semester basis

9 will be handled through a leave of absence procedure.)

10 7.12.3 A teacher who is interested in a shared teaching assignment shall

II be responsible for identif’ing another teacher who would be

12 interested in sharing a contract. The District shall not be

13 required to locate a partner for an interested teacher.

14 7.12.4 The two teachers interested in sharing an assignment must

15 develop an instructional plan to be presented to the site and

16 district-level administration for approval.

17 7.12.5 Following approval at site level, the principal will forward the

18 request to his/her supervisor for district-level review, and

19 recommendation to the Governing Board.

20 7.12.6 Both teachers involved in a shared assignment will be responsible

21 for attending such activities as staff meetings, parent conferences,

22 open houses, etc.

23 7.12.7 Salary and fringe benefits will be prorated according to the

24 percentage basis of the shared contract.

25 7.13 Alternative Work Day/Week Schedule

26 7.13.1 SDC Preschool Teachers

19


July 1, 2013 to June 30, 2016

7.13.1.1 Teachers will teach two 180-minute sessions (morning

2 and afternoon) per day for a total of 360 instructional minutes

3 Monday through Thursday.

4 7.13.1.2 Teachers will be provided a 30-minute duty-free lunch.

5 7.13.1.3 Teacher total duty minutes will be 435 minutes (7 hours

6 15 minutes) per day Monday through Thursday.

7 7.13.1.4 Teachers will work 310 duty minutes (5 hours 10

8 minutes) every other Friday and utilize this time for IEP

9 meetings, preschool staff meetings and preparation time.

10 7.13.1.5 The start and Friday schedule (days and times) will be

II coordinated by the District Special Education Department.

12 7.13.1.6 Teachers teaching preschool SDC classes on

13 elementary school sites will not be required to serve on school

14 committees or staff/in-service meetings or be assigned to recess,

15 before/after school supervision, or lunch duty. They may

16 participate in these activities if they wish.

17 7.13.1.7 Teachers will be provided with 4 half day release

18 periods (substitute provided by Special Education Department) to

19 complete IEPs and fulfill requirements of state assessments.

20 7.13.1.8 Teachers will receive the same number of

21 discretionary days as all other contract teachers. Under the

22 current MOU for all collective bargaining unit members, the

23 number of discretionary days is four (4). When the MOU’s expire,

24 if no further MOUs are written and no formalized changes are

25 made to future contracts, the number of discretionary days will

26 become three (3) to be consistent with the collective bargaining

27 agreement.

20


July 1, 2013 to June 30, 2016

7.13.1.9 Leave days (including sick leave, personal necessity,

2 and discretionary days) will be deducted as follows: 1) Extended

3 days (M-Th) — 9.2 hours and 2) Shortened days (F) — 6.4 hours.

4

5 7.13.2 Western Center Academy

6 Notwithstanding Section 7.1.1 and 7.1.6, the following provisions

7 are agreed to for the Western Center Academy.

8 7.13.2.1 Workday Schedule for WCA Middle School Teaching

9 Staff The middle school duty day for teachers is 391 minutes

JO including a daily prep period and before/after passing time and

II excluding lunch.

12 7.13.2.2 WCA teachers will not exceed a 391 minute duty day,

13 however, allocation of duty day minutes will be flexible.

14 7.13,2.3 Teachers will teach 336 instructional minutes per day,

15 including passing, to allow for extended specialized lab periods.

16 7.13.2.4 Additionally, teachers will receive a daily prep time of

17 40 minutes before school. Teachers will not be required to

18 supervise students except during passing time totaling 15

19 minutes per day. Required after school time will be 10 minutes.

20 7.13.2.5 Teachers will receive 26% of a sixth period assignment

2 1 for additional instructional minutes,

22

23 All other provisions of 7.1.1 and 7.1.6 shall remain in full force

24 and effect for certificated employees assigned to the Western

25 Center Academy.

26

27

21



1 ARTICLES: HEALTH AN]) WELFARE BENEFITS

2 8.1 The District shall assume the costs of the Health and Welfare Benefit

3 Plan agreed to by the District and the Association for each full-time

4 employee covered by this agreement. The District shall contribute a pro-

5 rata amount for part-time salaried employees covered by this agreement.

6 Part-time salaried employees who desire to participate in the District’s

7 health and welfare benefit program shall pay the difference between the

8 District’s pro-rata contribution and the total cost of the plan on a monthly

9 basis through employee payroll deductions.

10 8-1.1 The following health and welfare benefit plans shall remain in

II effect during the duration of this agreement: Medical,

12 Prescription, Dental, Vision, Life Insurance and Voluntary

13 Products. All health and welfare benefit plans shall be

14 recommended by the Insurance Committee annually and referred

15 to the HTA Executive Board.

16 8.1.2 Effective July 1, 2014, the employer maximum contribution for

17 health benefits (the CAP) shall increase to $10,600.

18 8.1.3 An Insurance Committee shall be established, consisting of three

19 (3) HTA representatives appointed by the HTA President and two

20 (2) District representatives appointed by the Superintendent. The

2 I Insurance Committee shall meet at least quarterly and shall be

22 responsible for the processes and responsibilities as outlined in

23 Appendix I.

24 8.2 Unit members electing early retirement will be eligible to receive

25 $3,500.00 credit towards the purchase of medical insurance provided to

26 certificated bargaining unit members under the following conditions:

27 8.2.1 Retirement must occur before the age of 65;

22



I 8.2.2 The unit member must be on the maximum step of the salary

2 column to which they are assigned or any placement in column F;

3 8.2.3 Be at least the age of 55 with 10 years of service with the District

4 or at least 50 years of age with 15 years of service with the

5 District;

6 8.2.4 The District’s contribution shall continue for 10 years or until the

7 participant reaches the age of 65, whichever comes first.

8 8.3 An IRC 125 plan shall be established and made available to unit members

9 for co-pay expenses and employee contribution toward health and welfare

10 insurance benefit premiums.

II

12 ARTICLE 9: SALARIES

13 9.1 Salary schedules for employees covered by this agreement are set forth in

14 the Appendices attached hereto and incorporated herein by this reference.

15 9.1.1 Effective July 1, 2014, certificated bargaining unit members’

16 salary schedules shall be increased by 8%. Effective beginning

17 July 1, 2015, an additional 2% will be applied to the salary

18 schedules. Additionally, beginning the 2015/16 school year, the

19 instructional minutes and the work day will increase by twelve

20 (12) minutes for the certificated bargaining unit as noted in

21 Article 7. The value of the additional twelve (12) instructional

22 minutes and increase in work day is 3.08% and is embedded in

23 the compensation of 2014/15 and 2015/16.

24 9.2 Recognition of Previous Experience.

25 9.2.1 At the time of employment a certificated employee is placed on the

26 salary schedule according to evidence of experience and training

27 as submitted. A maximum of thirteen (13) years of previous

________________________

23

___________________________ ____

Hernet Unified School District & Bernet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

1 teaching experience (excluding service as a substitute), in

2 California public schools or any other school system deemed to be

3 the equivalent thereof by the District shall be given at initial

4 placement on the schedule.

5

6 9.2.2 Private School Experience. One year of credit for one year of

7 experience is allowed for teaching in a private school institution

8 approved by the District. In order to be counted, the service must

9 be full time, equal to at least 75% of the number of days in

10 instruction in the Hemet Unified School District and equivalent to

I I the assignment being offered. The prospective employee shall

12 contact his/her former employer to request that it provide the

13 District with satisfactory proof of employment, length of service

14 and the number of days each year for which he/she seeks credit.

15 This provision will become effective July 1, 2001.

16 9.2.3 Vocational Experience. Experience other than teaching may be

17 allowed at the discretion of the Personnel Administrator for

18 vocational teachers if the experience is related to the teaching

19 assignment. This experience must have been within the last ten

20 (10) years and is granted as one (1) year of credit for two (2) years

21 of experience.

22 9.2.4 College Teaching Experience. If a prospective employee has

23 taught at a college or university and the District deems the prior

24 assignment to be equivalent to the assignment being offered, then

25 the District may credit the prospective employee with a year of

26 experience for salary placement purposes if the individual 1)

27 taught for seventy-five percent (75%) of the school year; 2)

24

Unmet UniFied School District & Hemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1,2013 to June 30, 2016

I possessed a valid California teaching credential or an out-of-state

2 credential deemed equivalent by the District; 3) was employed the

3 equivalent of a full-time position; and 4) submits proof

4 satisfactory to the District of items 1-3.

5 9.2.5 Year of Service Defined. For purposes of Section 9.2 generally

6 for service occurring before and including the 1983-84 school year,

7 in order for the service to be counted as one year, the employee

8 must have worked seventy-five percent (75%) of that school year.

9 Employees working less than 75% but more than 50% of a school

10 year shall advance one step for each two years of such service.

Ii Leaves of absence regardless of purpose, which were given by

12 prior school districts or service as a substitute shall not count

13 toward experience credit.

14 9.3 Salary Schedule Advancement.

15 9.3.1 Experience. Each certificated employee is allowed one

16 experience increment annually until the maximum on the

17 individual’s classification is reached. An increment is given when

18 the year’s service is completed. Employees working less than

19 seventy-five percent (75%) but more than fifty percent (50%) of a

20 school year shall advance one (1) step for each two (2) years of

2 I such service.

9,)

23 9.3.2 Course Work. To quali for advancement to a higher salary

24 classification, college work must be taken in an accredited

25 institution and must be awarded a grade of C or higher, or its

26 equivalent.

25


July 1, 2013 to June 30, 2016

I 9.3.2.1 Course Work Approval. Requests for course work

2 approval shall be submitted to the site administrator.

3 Courses shall be of upper division or graduate standing.

4 A maximum of eight (8) lower division semester credits

5 will be accepted. Employees may submit requests for

6 approval of entire programs (e.g., a masters program, or a

7 program for a particular credential), and have the

8 program approved in the same manner; however, such

9 requests must list and have approved each course in the

10 program. Any change or modification in the courses

II submitted and approved must be submitted for approval.

12 9.3.2.2 Filing Credits. Personnel may advance to the higher

13 classification effective July 1, September 1, or February 1

14 of any school year, upon completion of the required course

15 work or staff development activities which were engaged

16 in outside the regular workday and the submission of the

17 proper paperwork verifying completion. (Official

18 transcripts are required for all course work including that

19 approved for Professional Growth Increment purposes.)

20 The proper paperwork must be filed by the first of July,

21 September or February to be reflected in the warrants for

22 that pay period. It is the responsibility of the employee to

23 submit the proper paperwork to the Personnel Office.

24 9.4 Professional Growth Increments.

25 9.4.1 Effective July 1, 2007, all certificated employees must qualify for

26 the final column of their salary schedule prior to earning units

26

Hemet Unified School District & Hemet Teachers Association, OTA-NEA


I towards the professional growth increments—steps 16, 18, 20, or

2 22 years.

3 9.4.2 If all course work andlor staff development activities have been

4 approved by the site administrator and verified for completion

5 within one year of course completion, certificated employees are

6 eligible for professional growth advancement on the salary

7 schedule to the next step (16, 18, 20 or 22 years) if they have

8 completed three (3) semester units or 45 hours of professional

9 staff development activities or a combination of the two and have

10 the appropriate number of years of comparable experience.

ii Effective July 1, 2007, the one (1) year limit will be eliminated.

12 9.4.3 Certificated employees may advance on the salary schedule if they

13 are eligible on the first day of the new contract year or on

14 February 1 of any school year. The first contract day for a teacher

15 on a year-round schedule is July 1. Retroactive credit will be

16 granted if course work has been completed and transcripts or

17 verification has been delayed.

18 9.4.4 Certificated employees may “bank” semester units or staff

19 development hours of credit if they quali for the final column of

20 their salary schedule. This means that the employee may

21 accumulate the units/staff development hours for future

22 advancement upon acquiring the necessary years of comparable

23 experience.

24 9.4.5 The site administrator may approve activities for professional

25 growth advancement on the salary schedule for certificated

26 employees as follows. Activities must:

27

ilemet Unified School District & Hemet Teachers Association, CTA-NEA


I 9.4.5.1 Be directly related to the certificated employee’s

2 assignment, teaching methods, or credential areas. Trips

3 for which college credit is granted andlor specific

4 conference sessions may be approved if they meet these

5 guidelines. The auditing of college classes for purpose of

6 salary schedule advancement shall not satisfy the

7 requirements of professional advancement.

8 9.4.5.2 Be attended only outside of the employee’s regular

9 contracted workday hours or on weekends. Any

10 exceptions must be approved by the principal and the

II personnel administrator and all costs are the

12 responsibility of the employee. (Note: Compensatory

13 time may not be used to participate in professional growth

14 activities.)

15 9.4.5.3 Include only the actual number of hours spent in that

16 activity, i.e., meal and travel time is excluded and may

17 not be counted toward the accumulated clock hours for

[8 credit.

19 9.4.6 Individual staff development activities for professional growth

20 advancement on the salary schedule will be limited to a maximum

21 of forty-five (45) clock hours per activity.

22 9.5 Reemployment of Former Employees. Former District employees

23 who were permanent employees and who are being reemployed receive all

24 rights, credits and responsibilities that they were entitled to at the time of

25 resignation, provided that they are reemployed within thirty-nine (39)

26 months from the time of separation.

28


July 1, 2013 to June 30, 2016

I 9.6 Contracts and Notice of Employment. A contract will be issued upon

2 initial employment. In subsequent years personnel will receive a written

3 notice of employment prior to June 1.

4 9.7 National Board Certification Stipend. Any employee, including

5 speech and language pathologists, and counselors who achieves the

6 National Board for Professional Teaching Standards Certification or

7 National Board for Speech and Language Pathologist Certification shall

8 receive a stipend of $750 annually.

9 9.8 Payroll Statement/Stub. To the extent of the current payroll system

10 capability, the District shall separate and define employees’ extra pay

ii assignments on their payroll statements.

12

13 9.9 Elementary Extra Duty Positions.

14 9.9.1 To be eligible for extra duty positions, employees must provide

15 direct services to students outside contract hours.

16 9.9.2 Employees will be encouraged to submit proposals for extra duty

17 positions to the principal that would benefit students at the local

18 school site. The principal shall select positions from the proposed

19 list in consultation with his/her staff.

20 9.9.3 The positions selected shall be posted at the local school site for a

21 minimum of five (5) working days.

22 9.9.4 Employees shall submit a letter of application to the principal for

23 specific positions and shall be interviewed by the principal or

24 designee.

25 9.9.5 Employees may share/split positions subject to the approval of the

26 principal.

27 9.9.6 The stipend shall be in accordance with Appendix C.

29



2 ARTICLE 10: TRANSFER AND REASSIGNMENT OF PERSONNEL

3 10.1 Definitions:

4 10.1.1 A transfer is a change of work location between schools or other

5 educational facilities.

6 10.1.2 A voluntary transfer is one in which the transfer proceedings are

7 initiated or agreed to by the unit member.

8 10.1.3 An involuntary transfer is one in which the transfer proceedings

9 are imposed upon the unit member,

10 10.1.4 A reassignment is a change in grade level assignment for grades

II K-5 within the same school.

12 10.1.5 An involuntary reassignment is a change in grade level

13 assignment forgrades TK-5 within the same school imposed upon the unit

14 member.

15 10.1.6 A vacancy is a bargaining unit position the District has decided to

16 fill through either transfer or the employment of a certificated employee.

17 10.1.7 Seniority for the purpose of this article, the term seniority shall be

18 defined as the first date of paid service as defined by the Educational Code

19 for lay off purposes. The District shall maintain a seniority list.

20 10.2 Unit Member Initiated Request. To facilitate requests for transfer of

21 certificated personnel, a list of vacancies shall be maintained in the office

22 of the Personnel Administrator. The list of vacancies shall be kept as

23 current as possible at all times and it shall be available to all unit

24 members. This list will be posted on bulletin boards at each school during

25 the regular school year. During summer recess, notices of vacancies will

26 be posted at the District Office and on the district website. Copies of all

27 notices of vacancies for certificated bargaining unit positions will be

30


July 1, 2013 to June 30, 2016

mailed to the Association at the time they are posted. Except in

2 emergency cases, the deadline for responding to a notice of vacancy shall

3 be at least five (5) days after the notice is posted, and no vacancy shall be

4 filled before this deadline.

5 10.2.1 Unit member’s requests for transfer shall be made in writing to

6 the Personnel Administrator. Such requests shall be

7 acknowledged in writing.

8 10.2.2 Unit member’s requests for transfer to vacant positions shall be

9 given careful consideration, and when qualifications are

10 substantially equal and in the best interests of the District,

Ii employees shall be given preference in placement in such

12 positions over persons not currently employed in the District.

13 Seniority shall be one of the determining factors in granting

14 transfers and reassignments. Changes in assignment caused by

15 voluntary transfers will occur either at semester break or prior to

16 the beginning of the instructional year. At the District’s

17 discretion, voluntary transfers may occur at other times during

18 the year.

19 10.2.3 A unit member who requests a transfer and is qualified for the

20 position shall be granted an interview with the principal of the

21 school where the vacancy exists or with an appropriate

22 administrator. A unit member shall be notified verbally or in

23 writing of the decision to grant or deny a request within ten (10)

24 work days of the decision. If the decision is unsatisfactory to the

25 unit member, a conference with the principal and the Personnel

26 Administrator may be held if the unit member so requests. If a

27 unit member initiated transfer request is denied, the employee

31



shall be provided with specific reasons for the denial within ten

2 (10) work days by the appropriate administrator upon the unit

3 member’s request.

4 10.2.4 Transfer requests shall remain in effect for the school year in

5 which they are made unless the unit member provides written

6 notification to the Personnel Administrator that she/he no longer

7 wants to be considered for transfer. All transfer requests will

8 expire the day before the first instructiona] day of the new school

9 year.

10 10.3 Involuntary Transfer. Involuntary transfer shall be preceded by a

Ii meeting between the unit member and the appropriate administrator, at

12 which time the unit member shall be notified of the reasons for the

13 transfer and efforts will be made to reach agreement with the change. If

14 the teacher requests, the reasons for transfer shall be provided in writing.

15 10.3.1 Prior to any involuntary transfer occurring volunteers shall be

16 sought. An e-mail copy of the posting to seek volunteers shall be

17 sent to the President of the Association.

18 10.3.2 When a unit member has been transferred involuntarily,

19 consideration shall be given to a future request for voluntary

20 transfer for that unit member.

21 10.3.3 Should a transfer be made during the summer recess, the

22 Personnel Administrator or designee will arrange to meet with

23 the unit member to be transferred. If practical, the appropriate

24 administrators shall be present at this meeting. If the unit

25 member is out of the District and the District makes a reasonable

26 attempt but cannot set such a meeting before the transfer is to

27 occur, a written notice of transfer shall be mailed to the unit

32

Hemet Unified School District & Bernet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2010

member. A subsequent meeting regarding reasons for the

2 transfer shall be held within five (5) work days of a unit member

3 request for such a meeting. Said reasons shall be put in writing if

4 the unit member so requests.

5 10.3.4 Involuntary transfers shall not be punitive or disciplinary in

6 nature but shall be based exclusively on legitimate educationally

7 related needs of the District as determined by the Superintendent

8 or designee and approved by the unit member’s administrator.

9 Employees shall receive five (5) work days notice of an

10 involuntary transfer, prior to its taking effect unless waived by

ii the employee. This notice provision shall not apply for the first

12 three (3) weeks of each semester. Upon request, custodial

13 assistance in moving school materials shall be provided. Except

14 in instances where an insufficient number of students requires a

IS decrease in number of unit members at a school, an involuntary

16 transfer will take effect at semester break or prior to the school

17 year. The District shall inform a unit member of an involuntary

18 transfer before the end of the school year. If a unit member is

19 notified after the end of the school year of the involuntary

20 transfer, the District shall provide the employee with the reasons

21 for the timing of the transfer.

22 10.3.5 A unit member involuntarily transferred on account of staff

23 reductions at her/his assigned school, shall be afforded

24 preferential transfer rights back to her/his previous assignment

25 over any other interested applicant if a position becomes vacant

26 during the next three (3) semesters or YRE equivalent. Under

33


July 1, 2013 to June 30, 2016

I these circumstances, the criteria set out in Section 10.2.2 and

2 Section 10.7.3 shall not apply.

3 10.3.6 Should a part-time position become vacant at a school site that

4 has experienced staff reductions, the Principal shall have the

5 discretion to determine whether to treat the position as a part-

6 time vacancy or to make available to unit members at the school a

7 “one-sixth” assignment.

8 10.3.7 The filing of a grievance concerning involuntary transfer will not

9 prevent the transfer from going into effect. Should the resolution

10 of the grievance result in a reversal of the transfer, the employee

ii shall return to previous status.

12 10.3.8 Compensation for Involuntary Transfers. A unit member

13 involuntarily transferred to an outlying school shall receive an

14 isolation factor stipend in the amount set forth in Appendix C4-

15 Item V.

16 10.3.9 If a unit member is involuntarily transferred at anytime during

17 the school year, the unit member shall be allowed two (2) days

18 release time to setup the new class, observe other comparable

19 programs, and gather necessary materials. A third day shall be

20 granted if requested by the unit member and approved by the

21 Principal as deemed necessary. No employee shall be transferred

22 with fewer than three (3) days notice prior to beginning the new

23 assignment.

24 10.4 Involuntary Reassignments. Involuntary reassignments shall be

25 preceded by a meeting between the unit member and Principal, at which

26 time the unit member shall be notified of the reasons for the

27 reassignment. If the unit member so requests, a second meeting shall be

34


July 1,2013 to June 30, 2016

1 held between the unit member, the Principal and the Personnel

2 Administrator or designee, to discuss the reasons for the reassignment.

3 Following this second meeting, the reasons for the reassignment shall be

4 put in writing and provided to the unit member if the unit member so

5 requests. Nothing herein shall preclude the reassignment from becoming

6 effective at such time as is determined to be necessary by the District.

7 10.4.1 Involuntary Reassignment for K-5 employees. If a unit member is

8 reassigned at anytime during the school year, the unit member shall be

9 allowed two (2) days release time to set up the new class, observe other

10 comparable programs, and gather necessary materials. A third day shall

II be granted if requested by the unit member and approved by the Principal

12 as deemed necessary. No employee shall be reassigned with fewer than

13 three (3) days notice prior to beginning the new assignment.

14 10.5 Voluntary Reassignments. Prior to making any reassignments,

IS volunteers will be sought from within the school and shall be considered

16 first. An e-mail copy of the posting for a request for volunteers shall be

17 sent to the Association. The District shall make information about open

18 assignments available to unit members at the site.

19 10.6 Extra Duty Position. A list of all extra duty assignments shall be

20 posted on the district website. Applications for such positions (whether

2 I vacant or not) may be placed on file with the District.

22 10.6.1 Posting of extra duty assignments shall occur no later than May

23 15 of each school year. Any newly created extra duty positions

24 shall be posted when created, together with notice that

25 applications may be fonvarded to the appropriate administrator.

26 All posting for extra duty positions shall be done in accordance

27 with Section 10.2.

35


July 1, 2013 to June 30, 2016

1 10.6.2 All postings shall specify the length and time frame for the extra

2 duty assignment.

3 10.6.3 Interviews shall be held in the event there is more than one

4 applicant.

5 10.6.4 With respect to extra duty coaching assignments, unit members

6 shall be advised no later than sixty (60) work days after

7 completion of the season whether: 1) the assignment shall or

8 shall not be offered to the unit member again.

9 10.6.5 A unit member who has served in an extra duty assignment but

10 who is advised that she/he will not be offered the assignment

11 again, may ask the site administrator for the reason(s) for this

12 decision. Nothing in this section shall in any way diminish the

13 District’s rights as set forth in Education Code Section 44923.

14 10.7 District Reorganization.

15 The following procedures shall apply to transfers and reassignments

16 resulting from District reorganization including, but not limited to,

17 opening new schools, closure of schools, year-round calendar, or change in

18 grade level configuration.

19 10.7.1 Within ten (10) work days of a Governing Board decision to

20 implement District reorganization, i.e., opening a new school,

21 closing of a school, year-round education implementation at an

22 established site, or grade level reorganization, a meeting shall be

23 held with staff impacted by the change.

24 10.7.2 Within ten (10) work days of the initial meeting with the staff,

25 unit members shall be surveyed for the purpose of providing an

26 opportunity for them to state their preferences for the following

27 year’s assignment. A unit member may submit to the Personnel

36


July 1, 2013 to June 30, 2016

1 Office a change or modification of the information stated on

2 her/his survey at any time during this procedure.

3 10.7.3 The District shall make every effort to honor voluntary transfer

4 requests. If two or more unit members with appropriate

5 credentials apply for a transfer, the unit member with the most

6 seniority, education, experience, and best performance shall

7 receive her/his transfer request.

B 10.7.4 Any unit member at a work site where the work calendar

9 changes, e.g., regular to year-round or year-round to regular, who

10 is unable to be accommodated by the voluntary transfer procedure

11 the first year, shall be granted a voluntary transfer the following

12 year.

13 10.7.5 Certificated transfer request forms shall be available to unit

14 members at their individual sites or through the Personnel Office.

15 Completed transfer request forms shall be kept on file for at least

16 six (6) months.

17 10.7.6 Unit Members who are involuntarily transferred during the

18 school year shall be allowed two (2) days release time to set up the

19 new class, observe other comparable programs, and gather

20 necessary materials. A third day shall be granted if requested by

21 the unit member and approved by the Principal if deemed

22 necessary. No employee shall be transferred with fewer than

23 three (3) days notice prior to beginning the new assignment.

24 10.7.7 Unit members who have been displaced by a school closure will be

25 placed at a site before the end of the school year, except in

26 extenuating circumstances.

37



I 10.7.8 Unit members shall receive updates of all vacancies until all

2 affected unit members have been placed.

3 10.7.9 Unit members shall indicate their preferences from the list of

4 vacancies on the appropriate form and turn in to the Personnel

5 Office.

6 10.7.10 The District shall provide transportation, personnel and packing

7 materials to move classroom materials to the new school site.

8 10.7.11 Storage of district materials shall be provided to any unit member

9 not placed prior to the end of the school year.

10

II ARTICLE 11: YEAR-ROUND EDUCATION - THIS ARTICLE SHALL BE

12 SUSPENDED UNTIL THE DISTRICT RETURNS TO A YEAR-ROUND

13 SCHEDULE

14 11.1 Transfer and Reassignments. Contract language incorporated into

15 Article 10.7.

16 11.2 Salary Advancement. Contract language affecting year-round teaching

17 assignments in Article 9.3.2.2.

18 11.3 Custodial Assistance.

19 11.3.1 Reasonable custodial assistance will be provided in moving

20 teaching materials into and out of a year-round school.

2 I 11.3.2 Custodial assistance will be provided to move storage cabinets at

22 the beginning or end of a teaching track.

23 11.4 Designation of Year-Round Schools.

24 11.4.1 The Association will be notified at least 90 days in advance of a

25 school’s designation as a year-round school.

26 11.4.2 Ad Hoc Committee. The Association may appoint three (3)

27 members, at least two (2) of whom are assigned to that site, to

38


July 1,2013 to June 30, 2016

1 serve on a site level ad hoc committee under the direction of the

2 site principal. The purpose of this committee shall be to

3 implement the unique aspect of year-round education at that

4 school site.

5 11.5 Calendar. The District will use a 60/20 multi-track system for year

6 round education. Teachers assigned to year-round sites shall work a total

7 of 179 days, 175 student instructional days and four (4) teacher workdays.

8 The District and HTA agree to meet and discuss the length of the

9 instructional day in order to meet the required number of instructional

10 minutes.

II 11.6 Substituting. Bargaining unit members may not be prohibited from

12 substituting during their off-track sessions. Pay will be at the prevailing

13 District substitute rate.

14 11.7 Modifications to Regular Contract Year. When a position is longer

15 than a regular teaching contract year (1989/184 days), or there is an

16 alternative schedule established to deliver instructional services, the

17 position will be posted if the incumbent declines the position.

18 11.8 Materials Storage. Unit members will have two storage cabinets for

19 classroom and core materials that will be delivered by 2:00 PM the work

20 day before the track change.

21 11.9 Should the Governing Board choose not to continue year-round education,

22 notice shall be given to unit members assigned to such school(s) not later

23 than the end of January of the same year the program will discontinue.

24 ARTICLE 12: LEAVES

25 12.1 Sick Leave. Sick leave is granted to employees covered by this

26 Agreement when absence from work is caused by actual illness or injury

27 and is not covered by Article 12.4. The District reserves the right to

39


July 1, 2013 to June 30, 2016

1 require proof of illness after three (3) days of sick leave are taken in a

2 school year. If the District requires a medical statement, the employee

3 may request the District to designate the medical authority, at District

4 expense. When employees are absent for less than one full work day, the

5 employee shall be charged only for time missed on an hour by hour basis.

6 12.1.1 The District reserves the right, irrespective of whether or not

7 leave benefits have been claimed or received, to require a health

8 examination by competent medical authority, at District expense,

9 of any employee whose physical or mental health, in the judgment

10 of school officials is such as to endanger the health, safety or

ii welfare of students subject to the supervision of said employee.

12 12.1.2 Full-time employees will receive ten (10) days sick leave annually.

13 This leave shall be credited in advance. Part-time employees will

14 receive sick leave in proportion to that allowed full-time

15 employees based on time worked. Employees serving less than a

[6 full school term will receive sick leave in the proportion that the

[7 time served bears to a full school year. Unused sick leave shall

18 accrue from school year to school year.

19 12.1.3 Summer School Sick Leave. A frill-time teaching assignment

20 for summer school teachers shall be four (4) or more hours per day

21 for five (5) days per week. Each summer school teacher is entitled

22 to sick leave according to the schedule below. Employees not

23 working a full-time assignment shall be entitled to pro-rated leave

24 benefits:

25

26 Hours Worked Per Summer Session Sick Leave Earned

27 80 4 hours

40



I 120 6 hours

3 The amount of sick leave which may be taken during any summer

4 school sessions is limited to the amount earned for that session;

5 one hour of sick leave per 20 hrs. scheduled instructional time.

6 Unused summer school sick leave will be added to the employee’s

7 regular sick leave accrual based on the earned, but unused,

8 number of hours of summer school sick leave at the close of

9 summer school.

10 12.1.4 Adult Education Sick Leave. An Adult Education teacher

II shall be entitled to one (1) hour of sick leave for each eighteen (18)

1 2 hours worked.

13 12.2 Bereavement Leave. Each employee covered by this Agreement is

14 entitled to a maximum of five (5) days bereavement leave with pay due to

15 the death of any member of the employee’s immediate family. These days

16 shall not be deducted from the Unit member’s sick leave. Bereavement

17 leave days are not required to be taken consecutively. The Superintendent

18 or designee shall determine the number of bereavement leave days. The

19 Superintendent may authorize a longer period of bereavement leave.

20 These days will be deducted from the unit member’s sick leave. For the

21 purposes of this Subsection “member of the immediate family” shall mean

22 the mother, father, grandmother, grandfather, parent-in-law,

23 grandparent-in-law, grandchild, son, son-in-law, daughter, daughter-in

24 law, stepchild, brother or sister of the employee or the employee’s spouse,

25 or any person living in the immediate household of the employee.

26 Additions to the definition of the employee’s immediate family above will

27 be made only at the discretion of the Superintendent or designee.

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July 1, 2013 to June 30, 2016

1 12.3 Personal Necessity Leave. Employees covered by this Agreement shall

2 be entitled to use a maximum of seven (7) days of accrued sick leave each

3 fiscal year.

4 12.3.1 Unless circumstances preclude such action, employees shall notify

5 their building administrator prior to their absence for personal

6 necessity leave. The District may require that employees submit

7 written requests for personal necessity leave prior to their

8 absence whenever possible.

9 12.3.2 The District may require satisfactory proof of all personal

10 necessity leave.

Ii 12.3.3 Personal necessity leave may be taken upon administrative

12 approval for any of the purposes listed:

13 12.3.3.lThe death of a member of the employee’s immediate

14 family when the number of days absent exceeds the limit

15 provided in Article 12.2.

16 12.3.3.2 The serious illness of a member of the employee’s

17 immediate family.

18 12.3.3.3 An accident involving the employee’s property or the

19 person or property of any member of the employee’s

20 immediate family.

21 12.3.3.4Appearance in court or before an administrative tribunal

22 as a litigant or witness under official order.

23 12.3.3.5 The birth or adoption of a child, making it necessary for

24 the employee who is a parent of the child to be absent

25 during the assigned hours of service.

26 12.3.3.6 Imminent danger to the home of an employee occasioned

27 by an event, serious in nature, such as a flood or fire

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July 1, 2013 to June 30, 2016

1 which under the circumstances the employee cannot

2 reasonably be expected to disregard and which requires

3 the attention of the employee during her/his assigned

4 hours of service.

5 12.3.3.7 Up to four (4) days of personal necessity leave maybe

6 taken at the bargaining unit member’s sole discretion for

7 events serious in nature which under the circumstances

8 the employee cannot reasonably be expected to disregard

9 and which require the attention of the employee during

10 her/his assigned hours of service. (These days may not be

II taken to extend school recesses or holiday weekends,

12 without prior administrative approval, are non-

13 cumulative, and are not subject to Article 12.3.2.)

14 12.3.3.SUnit members may use available personal necessity leave

15 to participate in activities of the school or licensed child

16 day care facility of any of her/his children, if the unit

I? member, prior to taking the time off, gives reasonable

18 notice to the District of the planned absence, pursuant to

19 Labor Code Section 230.8. If the unit member does not

20 have available personal necessity leave, she/he may use

21 compensatory time off or take the time off without pay.

22 a. A unit member may not take more than 40 hours (paid

23 and/or unpaid) each calendar year, or eight hours

24 (paid/unpaid) in any calendar month of the year, for these

25 purposes. This section shall apply to the parent, guardian

26 or grandparent having custody, of one or more children in

43

Hornet Unified School District & Hemet Teachers Association, CTA.NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

kindergarten or grades one to 12, inclusive, or attending a

2 licensed day care facility.

3 b. If both parents are employed at the same worksite,

4 this entitlement as to one child applies at any one time,

5 only to the parent who first gives notice to the employer,

6 and the second parent may take a planned absence

7 simultaneously as to that child only if she/he obtains the

8 District’s approval for the requested time off.

9 c. If requested by the District, the unit member shall

10 provide documentation from the school or licensed child

11 day care facility as proof that she/he participated in school

12 or licensed child day care facility activities on a specific

13 date and at a particular time.

14 12.4 Industrial Illness and Accident Leave. Employees covered by this

IS Agreement shall be eligible to leave.

16 12.4.1 Industrial Illness and Accident Leave is granted when any

17 absence is caused by injury, accident or illness, arising from the

18 performance of services for the District, is supported by a

19 physician’s certificate and is verified through the Workers’

20 Compensation System.

2 I 12.4.2 Industrial Illness and Accident Leave benefits are in addition to

22 sick leave benefits.

23 12.4.3 An employee shall be deemed to have recovered from an accident

24 or illness and thereby able to return to work at such time as

25 her/his physician so indicates.

44


July 1, 2013 to June 30, 2016

1 12.4.4 Unit members may predesignate their own personal physician. If

2 a unit member does not predesignate a doctor, the District may

3 designate an appropriate medical authority for verification.

4 12.5 Extended Illness Leave. Employees covered by this Agreement who

5 have utilized all accrued sick leave and continue to be absent from duty

6 due to illness or accident for a period of five (5) school months or less shall

7 be granted Extended Illness Leave.

8 12.5.1 An employee shall be paid the difference between the employee’s

9 contract salary and that of a substitute employed to fill the

10 position or 50% of the employee’s contract salary, whichever is

Ii greater, during the period of such absence.

12 12.5.2 A treating physician’s certificate shall be filed by the employee

13 with the District. The District reserves the right to designate an

14 additional licensed medical practitioner for verification of an

15 employee’s illness at District expense unless the illness alleged is

16 work-related and is being adjudicated through the State Workers’

17 Compensation System.

18 12.5.3 Extended Illness Leave pursuant to this section shall be used

19 after all accrued sick leave and shall run consecutively with such

20 leave.

21 12.5.4 Pursuant to Education Code Section 44977, an employee shall not

22 be provided more than one five-month period per illness or

23 accident. However, if a school year terminates before the five

24 month period is exhausted, the employee may take the balance of

25 the five-month period in a subsequent school year.

26 12.5.5 Pursuant to Education Code Section 44978.1, when an employee

27 has exhausted all available sick leave and Extended Illness Leave,

45

Bernet Unified School District & Hernet Teachers Association, CTA-NEA


and is not medically able to resume the duties of his or her

2 position the employee shall, if not placed in another position, be

3 placed on a reemployment list for a period of 24 months if the

4 employee is on probationary status, or for a period of 39 months if

5 the employee is on permanent status. When the employee is

6 medically able during the 24- or 39-month period, the employee

7 shall be returned to employment in a position for which he or she

8 is credentialed and qualified.

9 12.6 Maternity Leave. Employees covered by this Agreement shall be

10 entitled to maternity leave under applicable provisions of Education Code

Ii Section 44965 and Government Code Sections 12945 and 12945.2.

12 Pregnancy, miscarriage and childbirth shall be treated the same as any

13 other illness.

14 12.7 Leaves of Absence for Personal Reasons. Permanent employees

IS covered by this Agreement may request personal leave without

16 compensation, increment, seniority or tenure credit, for a period of one (1)

17 school year for the following purposes: Care for a member of the

18 immediate family who is ill, long term illness of the unit member, service

19 in an elected public office, professional study, educational travel andlor

20 research, or for reasons of health. Leave for child rearing shall be

21 considered under this provision. Duration of the leave shall be mutually

22 agreed upon between the employer and the employee. A request for such

23 leave under special circumstances may also be considered by the District.

24 12.7.1 The applications for and granting of such leaves of absence shall

25 be in writing. In addition the unit member on such leave shall

26 notify the Personnel Administrator by March 1 of the school year

46



on leave as to the intent to return to employment in the District.

2 Failure to so noti’ will be considered an abandonment of position.

3 12.7.2 A unit member on leave of absence for personal reasons shall be

4 entitled to participate in the District health and welfare benefit

5 program, not expressly prohibited by law, at no expense to the

6 District.

7 12.8 Jury Duty. All employees called for jury duty in a court. of law shall

8 continue to receive regular salary and employee benefits. When jury fees

9 and mileage reimbursement are paid to the employee, the employee shall

10 remit to the District the jury fees, but may retain the mileage

ii reimbursement portion as shown on the remittance accompanying the

12 payment.

13 12.8.1 If an employee is scheduled to serve on a jury for two (2) weeks or

14 more, the District shall provide the unit member with one-half

15 day of release time and a one-half day substitute, in order that the

16 substitute can meet with the teacher to make plans on a day prior

17 to jury duty.

18 12.8.2 Unit members who elect to defer their jury service to non-required

19 service days (i.e. summer break, spring break, etc.) shall be

20 compensated in an amount equal to the District’s substitute rate

21 of pay for each day ofjury service that was deferred. The unit

22 member must provide written documentation from the Court to

23 the District showing the original jury summons date and the

24 actual dates(s) ofjury duty served prior to receiving compensation

25 under this section. Any jury fees received by the unit member

26 shall be deducted from the amount paid to the unit member, but

47


July 1,2013 to June 30, 2016

the employee shall be entitled to retain any mileage

2 reimbursement paid for the jury service.

3 12.9 Family Care and Medical Leave. In accordance with state and federal

4 law, qualifring unit members shall be afforded family care and medical

5 leave benefits. These leave benefits shall be consistent with those

6 described in Appendix “E”.

7 12.10 Adoptive Leave. An employee adopting a child may use up to ten (10)

8 days of his or her accumulated sick leave for the purpose of adoption,

9 limited, however, to picking up the child and caring for the child

10 immediately following receiving the child. This leave shall be in addition

ii to personal necessity leave under Article 12.3, but shall run concurrently

12 with any leave entitlement under Article 12.11 and Appendix E, Family

13 Care and Medical Leave.

14 12.11 Employment-Related Subpoena Leave. Unit members shall be

15 entitled to paid school business leave when they are required to appear in

16 court or before an administrative tribunal tinder official order (subpoena)

17 for matters within the scope of their employment, except for disciplinary

18 actions against the employee by the District, or any other proceeding

19 where the employee is a litigant against the District.

20 12.12 Catastrophic Leave. Catastrophic leave pay may be available to a

21 certificated employee as set forth herein pursuant to the provisions of

22 Education Code 44043.5 inclusive. Catastrophic leave pay shall consist of

23 the amount of sick leave days that are donated to the affected certificated

24 employees by other certificated employees. “Catastrophic illness or injury”

25 shall mean an illness or injury: (a) that is expected to incapacitate the

26 certificated employee for an extended period of time; (b) that incapacitates

27 a member or the certificated employee’s family and which incapacity

48

Hemet Unified School District & Hemet Teachers Association, CTANEACollective Bargaining Agreement

July 1,2013 to June 30, 2016

requires the certificated employee to take time off from work for an

2 extended period of time to care for the family member; or (c) taking

3 extended time off work creates a financial hardship for the certificated

4 employee because he/she has exhausted all of his/her sick leave and other

5 paid time off.

6 12.12.1 In the event the unit member is personally unable to apply

7 for catastrophic leave, an immediate family member or unit member’s

8 agent may make the request for the applicant. This must be verified with

9 a physician’s note.

10 12.12.2 Donations of sick leave or comp time shall be made in blocks

I I of one day per donating certificated employee. A certificated employee who

12 donates sick leave credits shall be required to have a sick leave balance

13 equivalent to ten (10) days following the donations. Donations will be

14 calculated day for day.

15 12.12.3 No certificated employee shall give more than three (three)

16 days of sick leave or comp time for each certificated employee’s request.

17 12.12.4 A committee comprised of two (2) bargaining unit members

18 appointed by the President of the Association and two representatives of

19 administration shall administer the catastrophic leave provision and shall

20 approve or disapprove all applications. An applicant shall be required to

21 provide verification of the catastrophic illness or injury.

22 12.12.5 When the application is based on the catastrophic illness or

23 injury of a member of the certificated employee’s family, all required

24 medical information, statements, and verifications shall be related to the

25 affected family member. In addition, the certificated employee shall attach

26 a written statement indicating the circumstances that require the

27 employee to be absent from work.

49

Remet Unified School District & Hemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

12.12.6 The certificated employee shall be required to utilize all of

2 his/her available regular sick leave and comp time prior to the receipt of

3 donated time credits.

4 12.12.7 “Member” of the certificated employee’s family shall be

5 defined as set forth in Article 12.2.

6 12.15 Military Leave. A bargaining unit member shall be entitled to full pay

7 and benefits for the first 30 calendar days and a maximum of 30 days in

8 any fiscal year, as required by Education Code 45059 and Military and

9 Veterans Code 395, when on military leave and shall retain all rights and

10 privileges granted by law arising out of the exercise of military leave.

II ARTICLE 13: SAFETY CONDITIONS

12 13.1 The District acknowledges its obligation to maintain a safe working

13 environment for unit members and for prescribing appropriate safety

14 standards. In this regard, the District intends to be guided by the

15 California Occupational Safety and Health Act (Labor Code Section 6300).

16 13.2 Unit members acknowledge their obligation to comply with District safety

17 standards, including accident and safety reports, and to practice basic

18 safety measures. Failure to do so, may be grounds for discipline.

19 13.3 Unit members shall report to their immediate supervisor suspected

20 unsafe conditions in writing. The District shall supply a report form for

21 reporting unsafe conditions.

22 13.4 Unit members shall report to their immediate supervisor any abuse of

23 school personnel, assault or battery upon school personnel, or any threat

24 of force or violence directed toward school personnel which occurs at any

25 time or place and is related to any school activity. Unit members are

26 obligated to prepare any reports required by the District relating to such

27 incidents. The District will facilitate actions against students or adults

50



who abuse, assault, insult or upbraid employees. The District shall, upon

2 request, respond to the affected employee within five (5) working days as

3 to what action has been taken or is being considered by the District with

4 respect to the incident in question.

5 13.4.1 Employees who have been attacked, assaulted, or battered, or who

6 have been threatened with injury by someone the employee reasonably

7 believes is capable of inflicting such harm, shall immediately report the

8 incident to their immediate supervisor and to appropriate law

9 enforcement authorities if they desire.

10 13.5 The District will investigate all reports of suspected unsafe conditions and

11 shall take steps it deems necessary to correct conditions determined to be

12 unsafe. The District shall, upon request, respond to the Association or the

13 employee within five (5) working days as to what remedial action is being

14 considered to correct the unsafe condition.

15 13.6 The District shall supply and maintain adequate means for

16 communication between a teacher and other staff members at the school

17 for emergency situations.

18 13.7 The District shall maintain a Safety Committee, which shall consist of,

19 among others, representatives of the certificated bargaining unit. Any

20 bargaining unit member may obtain the name of any representative of the

21 Safety Committee and may report to a committee member any safety

22 problems for consideration by the committee.

23 13.8 No unit member shall be required to perform duties under conditions

24 which pose an immediate threat of serious physical harm to the unit

25 member provided the unit member has reported the condition to her/his

26 site administrator and exhausted reasonable means to correct the

51

Bernet Unified School District & Hemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

condition. In exercising the foregoing right, unit members shall not

2 neglect the responsibility to provide for the safety of students.

3 13.9 The District shall indemni& and hold harmless from liability any unit

4 member who performs, within the scope of her/his authority, specialized

5 health care services. Unit members shall receive proper and adequate

6 training in those health care services they are asked to perform.

7 Notwithstanding the above, and with the exception of nurses, no unit

8 member will be required to perform catheterizations, diapering, injections,

9 ileostomies, colostomies, gastrostomies, tracheostomy, suction, oxygen

10 administration, gavage feeding or draining. Nothing herein shall be

I 1 interpreted as preventing a unit member from performing the health care

12 services described herein if the unit member volunteers in writing and has

13 received proper training from a certified specialist in these procedures.

14 13.10 No bargaining unit member shall be asked or directed to transport pupils

15 in private vehicles.

16 13.11 The District will inform employees of the scope of protection for personal

17 liability under the District’s liability coverage for employees acting as

18 agents of the District.

19 13.12 Each unit member shall be given a copy of the school site’s student

20 discipline procedures at the start of the school year. These procedures

21 shall include a description of the right of a unit member to suspend a

22 student from class. Site handbooks shall contain Education Code and

23 procedures relating to a unit member’s suspension of a student beginning

24 in the 2015-2016 school year.

25 13.13 In accordance with Education Code Section 49079, the District shall noti&

26 a unit member of any pupil enrolled in her/his class who has engaged in,

27 or is reasonably suspected to have engaged in, within the last three years,

52


July 1, 2013 to June 30, 2016

any of the acts subject to Suspension or expulsion under the Education

2 Code Section 48900 that are reportable under Section 49079 when such

3 information is made known to the District. The District shall provide the

4 information to the teacher through records the District maintains in its

5 ordinary course of business or receives from a law enforcement agency.

6 Any information received by a unit member pursuant to this section shall

7 be received in confidence for the limited purpose for which it is intended

8 and shall not be disseminated by the teacher. Violation of this

9 confidentiality requirement by a unit member shall be grounds for

10 discipline.

II ARTICLE 14: CLASS SIZE

12 14.1 The District shall maintain a District-wide staffing ratio of thirty (30)

13 students or less per classroom teacher. This shall not be interpreted to

14 mean that individual classes will not exceed thirty (30) students.

15 14.1.1 Subject to 14.1.1.1, beginning July 1, 2015 the District shall comply

16 with the state of California’s Class Size Grade Span adjustment

17 program enacted in 2013 to make reductions each year, until a

18 staffing ratio of 24:1 is achieved in grades TK-3 at each elementary

19 (K-5) and K-8 school.

20 14.1.1.1 Pursuant to Education Code section 42238.02(d)(3)(B),

21 (C)(D), the collectively bargained alternative annual average

22 class enrollment for each school site shall not exceed 26:1 for

23 grades TK-3.

24 14.2 For the purposes of Section 14.1, the number of classroom teachers used to

25 compute the above ratio shall not include special education teachers,

26 counselors, librarians, adult education teachers, speech therapists,

27 psychologists, administrative personnel, nurses and District elementary

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July 1, 2013 to June 30, 2016

1 music teachers, teachers on special assignment, academic coaches nor will

2 it include adult education students.

3 14.3 In addition to the District-wide ratio of 30:1, as stated in 14.1, no

4 individual elementary class (defined as grades K-5 except for Cottonwood

5 and Idyllwild, where it will be grades K-S) and Hamilton, where it will be

6 defined as including only grades K-S shall exceed 34, except when meet

7 that limit, the District would be required to construct, modify or expand

8 existing buildings, or modify transportation schedules. This will apply to

9 regular classes and elementary physical education classes. Music classes,

10 etc. are not affected by this provision.

11 14.3.1 No individual secondary teacher (defined as grades 6-12) shall

12 exceed the maximum of one hundred ninety-five (195) student

13 contacts in a regular five (5) period workday or two-hundred thirty-

14 five (235) student contacts in a six (6) period workday. Visual and

IS performing arts, PE, Athletics, and Sports Fitness classes shall not

16 be affected by the provision.

17 14.3.2 When a class size adjustment is required, it shall be made within a

18 reasonable period of time but in no event shall it take longer than

19 forty-five (45) work days.

20 14.4 Combination classes will consist of contiguous grade levels unless there is

2 1 no other alternative.

22 14.5 Three (3) physical education classes from class-size reduced classrooms

23 will be assigned to two (2) physical education teachers in the elementary

24 grades.

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July 1, 2013 to June 30, 2016

I ARTICLE 15: EMPLOYEE EVALUATION AISI) OBSERVATION

2 PROCEDURES

3 15.1 The District shall evaluate all permanent bargaining unit members no

4 less than once every two (2) years, except that whenever any permanent

5 certificated employee receives an unsatisfactory evaluation, the employee

6 shall be evaluated at least annually until she/he achieves a positive

7 evaluation or is separated from the District. The evaluation form shall

8 specifically state whether the evaluation is satisfactory or unsatisfactory.

9 All probationary bargaining unit members shall be evaluated no less than

10 once each year. Bargaining unit members who have permanent status

ii and who have been employed at least ten (10) years with the school

12 district as defined in 20 U.s.c., section 7801 and whose previous

13 evaluation rated the employee as meeting standards shall be evaluated at

14 least every five (5) years if the evaluator and the bargaining unit member

15 agree. The certificated employee or the evaluator may withdraw consent

16 at any time.

17 Formal Observations — The evaluation of a unit member shall be based

18 on the direct observation of a unit member’s work. No unit member’s

19 evaluation will be based on hearsay information.

20 Assistance Plan - If a unit member receives an overall evaluation of one

21 (1) and is being referred to PAR the evaluator must attach a copy of an

22 assistance plan to the evaluation form. The assistance plan shall be given

23 to the Joint Panel and the PAR provider.

24 15.1.1 Administrators shall be trained in the use of the evaluation form,

25 including but not limited to the elements of the california

26 Standards for the Teaching Profession, descriptions of teaching

27 practice.

55

_________________________



I 15.2 Evaluation is defined as the process of appraising the effectiveness of the

2 performance of employees. Procedures for evaluation shall be based on,

3 but not limited to:

4 15.2.1 The gathering of information about the employee’s performance in

5 the classroom;

6 15.2.2 Assessing the quality of such performance;

7 15.2.3 Communicating to the employee the assessment of the quality of

8 the performance;

9 15.2.4 Recommending, if necessary, changes to improve the employee’s

10 performance.;

11 15.2.5 No member of the unit shall evaluate another unit member

12 without the agreement of both unit members;

13 15.3 Prior to the beginning of the formal evaluation process, which includes all

14 written formal observations, a face to face conference shall be held

15 between the evaluatee and evaluator. They shall discuss and enumerate

16 the elements upon which the evaluation may be based and attempt to

17 reach agreement thereon. The elements shall include, but will not be

18 limited to, the goals and objectives of the teacher. Both physical and

19 nonphysical constraints on reaching those goals shall be discussed, along

20 with other aspects of expected performance outside the classroom. The

21 elements for evaluation shall be committed to writing whether or not

22 agreement is reached and a copy of what has been written shall be

23 provided to the evaluatee. The evaluatee shall have at least 48 hours

24 notice of the first formal observation.

25 15.4 If conditions change which affect the elements upon which any evaluation

26 may be based, either party may request an additional conference to

27 discuss such changes.

__________________

56

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i :15.5 Those unit members who are regularly scheduled to be evaluated will be

2 notified by the appropriate management person prior to the evaluation.

3 Such notice will contain an explanation of procedures for evaluations in

4 addition to those set forth herein.

5 15.6 The evaluation shall assess a bargaining unit member’s competency as it

6 reasonably relates to the following:

7 15.6.1 The progress of pupils toward standards as established by the

8 District of expected pupil achievement at each grade level in each

9 area of study and progress of pupils toward meeting the state

10 adopted academic content standards as measured by state

11 adopted criterion referenced assessments as described in Article

12 17.5. The measurement of pupil progress shall not include the

13 use of publishers norms established by standardized tests;

14 15.6.2 The instructional techniques and strategies used by the

15 bargaining unit member;

16 15.6.3 The bargaining unit member’s adherence to curricular objectives;

17 15.6.4 The establishment and maintenance of a suitable learning

18 environment, within the scope of the employee’s responsibilities;

19 15.6.5 And, to the extent not already covered in sections 15.6.1-15.6.4,

20 the California Standards for the Teaching Profession (Appendix

21 G).

22 15.7 A written report of formal employee observations shall be maintained by

23 the evaluator and presented at a conference to the employee within ten

24 (10) working days after the formal observation or such other date as is

25 agreed to by the evaluator and evaluatee. This written record shall be

26 known as the observation report. Commendations and/or

27 recommendations shall be presented and discussed. The observation

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reports shall be signed and dated by the employee, and the employee shall

2 have the right to rebut in writing all or portions of such record. Any such

3 rebuttal shall be attached to the observation report. Upon request a

4 complete written copy of the observations shall be made available to the

5 employee at District expense. Nothing in this Article shall preclude

6 classroom observations other than formal observations at any time.

7 15.8 The final evaluation should be provided to the employee by April Pt, but

8 in no event later than May Pt. The evaluator will discuss the evaluation

9 with the unit member no later than ten (10) days after the presentation of

10 the evaluation. The unit member must sign the evaluation signifting only

11 that the unit member has read the document. The unit member shall be

12 provided the opportunity to attach a written reaction or response which

13 shall become part of the permanent records. A copy of the evaluation

14 report shall be signed by the evaluator as well as the evaluatee. A copy of

15 the evaluation report shall be given to the employee, at District expense, a

16 copy shall be placed in the employee’s personnel file, and a copy retained

17 by the evaluator .An employee’s refusal to meet over the evaluation

18 within the prescribed timelines, or refusal to sign the evaluation form,

19 shall be considered a waiver of these requirements by the employee.

20 15.9 A permanent classroom teacher who receives an unsatisfactory rating in

21 his/her final evaluation in areas of subject matter knowledge, teaching

22 methods or instruction shall be evaluated in the succeeding year and shall

23 participate in the District’s Peer Assistance and Review (PAR) Program

24 designed to improve the unsatisfactory performance. The PAR program

25 structure is contained in Article 17. For the purposes of the PAR

26 program, evaluations shall be completed by the appropriate site

27 administrator or other administrative designee.

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1 15.10 Pursuant to the provisions of this Article, an evaluation procedure for

2 counselors and other non-classroom teacher bargaining unit members

3 shall be discussed between the assigned evaluator and bargaining unit

4 member at the beginning of each school year.

5 15.11 The District retains the ultimate responsibility for the evaluation and

6 assessment of performance of each unit member, subject to the procedural

7 requirements as set forth in this Article Accordingly. grievances arising

8 under this Article shall be limited to a claim that evaluation procedures

9 have been violated. However, nothing herein shall preclude the unit

10 member from contesting the substance of any evaluation which is used in

II any disciplinary proceeding.

12 ARTICLE 16: COMPLAINT PROCEDURE

13 16.1 Complaints received by the site administrator, supervisor, a central office

14 administrator or Board member, regarding a unit member will be

15 reported to the unit member within seven (7) days of the complaint, except

16 that criminal charges shall be reported to the appropriate authority.

17 16.2 Prior to lodging a complaint, and within seven (7) days of the

18 complainant’s knowledge of the event giving rise to the complaint, the

19 complainant shall attempt to discuss the complaint with the specific unit

20 member(s) involved. If the complainant is unwilling or unable to meet

21 with the unit member(s), the site administrator shall attempt to arrange a

22 meeting between the complainant and the unit member(s). If the

23 complaint is satisfactorily resolved at this step, then the complaint

24 procedure is deemed completed.

25 16.3 If the complaint is not resolved in the meeting between the complainant

26 and unit member, and if the complaint is deemed to be of a nature that

27 cannot reasonably be ignored, the complainant shall place the complaint

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in writing and sign the complaint. If the site administrator or supervisor

2 puts the complaint in writing, she/he shall have it signed by the

3 complainant. A copy of the complaint shall be given to the unit member

4 within seven (7) days.

5 16.4 Except as provided herein, the employee’s site administrator or supervisor

6 shall schedule a meeting between the complainant and employee within

7 fifteen (15) days of the complaint being brought to the administrator’s or

8 supervisor’s attention. The employee and/or complainant may have a

9 representative at any meeting. If after an initial interview it is the

10 opinion of the site administrator that a second meeting between the

I I complainant and teacher would not assist in resolving the matter, the site

12 administrator may elect to conduct thrther discussion as an intermediary.

13 16.5 Within fifteen (15) days of the meeting described in Section 16.4 taking

14 place, the site administrator or supervisor will prepare and serve a

15 response to the complaint on both the complainant and the unit member.

16 The site administrator or supervisor may, at their discretion, interview

I? other unit members and/or individuals who may have knowledge of the

18 event or actions forming the basis of the complaint.

19 16.6 No complaint or documentation prepared or gathered as the result of an

20 investigation into a complaint shall be placed in the personnel file of the

21 unit member unless the allegations have been substantiated by the site

22 administrator or immediate supervisor. Additionally, the unit member

23 shall be advised of the decision to place the documents in the personnel

24 file.

25 16.7 The unit member may appeal to the Superintendent or designee the

26 decision to place in her/his personnel file material or documents generated

27 as a result of a complaint being lodged made against the unit member.

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I This appeal must be filed within ten (10) days of receiving notice

2 concerning the placement of these documents in the unit member’s

3 personnel file. The Superintendent or designee will review the matter and

4 respond in writing to the unit member within fifteen (15) days.

5 16.8 The unit member shall be given release time from non-instructional duty

6 time to review andlor respond to a complaint and any material placed in

7 the unit member’s personnel file. The date and length of the release time

8 to be provided the unit member shall be subject to the approval of the site

9 administrator.

10 16.9 Nothing in the sections above shall be interpreted as precluding a

II complainant (other than another unit member’s complaint) from taking

12 her/his complaint to the Superintendent or Governing Board if she/he is

13 not satisfied with the site administrator’s resolution of the complaint.

14 16.10 Should a complainant make a request of the Governing Board to review

15 her/his complaint and the Board wishes to discuss the complaint brought

16 against the unit member in closed session the unit member shall be given

17 written notice of her/his right to have the complaint heard in open session

18 as opposed to closed session. The unit member shall be given this notice

19 personally or by mail at least seventy-two (72) hours before the time for

20 the meeting.

21 16.11 For purposes of this article, any reference to “day” shall mean any

22 regularly scheduled workday for the unit member against whom the

23 complaint has been made.

24 16.12 This article is subject to the grievance procedure (Article 6) to the extent

25 the claim relates to following the procedures contained in this article.

26 Nothing herein shall preclude the unit member from contesting the

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substance of any documentation prepared in response to a complaint if

2 subsequently used in any disciplinary proceeding.

3 16.13 In compliance with state and federal law and notwithstanding any other

4 provision of this article, where a complaint alleges sexual harassment by a

5 unit member, the complainant shall not be required to meet with the

6 accused unit member.

7 ARTICLE 17: PEER ASSISTANCE AND REVIEW (PAR)

8 17.1 Joint Committee.

9 17.1.1 The Joint Committee shall consist of seven (7) members, four (4)

10 bargaining unit members appointed by the Association, and three

Il (3) administrators appointed by the District. Association

12 members of the Joint Committee will serve four (4) years and may

13 be reappointed for additional years by the Association President.

14 17.1.2 The Joint Committee shall establish its own meeting schedule.

15 Five (5) members, consisting of three (3) bargaining unit members

16 and two (2) administrators, shall constitute a quorum; actions of

17 the Joint Committee shall require an affirmative vote of at least

18 five (5) members. Meetings shall take place during the regular

19 teacher workday, and substitutes shall be provided to release

20 Association members from their other duties. If the committee

21 agrees to extend the meeting hours beyond the regular teacher

22 workday, Association members shall be compensated at the

23 hourly extra duty rate.

24 17.1.3 The Joint Committee shall be responsible, for the following:

25 17.1.3.1 Providing training for Joint Committee members.

26 17.1.3.2 Establishing its own rules of procedure, including the

27 method for selection of the chairperson.

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I 17.1.3.3 Selecting and recommending the pool of consulting

2 teachers to include elementary, middle, high and special

3 education to the Governing Board for approval.

4 Consulting teachers shall serve the PAR program.

5 17.1.3.4 Selecting and recommending for Governing Board

6 approval the trainers andlor training providers for

7 Consulting Teachers, and Joint Committee members.

8 17.1.3.5 Providing training for Consulting Teachers prior to

9 participation in the program

10 17.1.3.6 Sending written notification of participation in the PAR

Ii program to the Referred Participating Teacher, the

12 Consulting Teacher, and the site Principal

13 17.1.3.7 Adopting rules and procedures to effect the provisions of

14 this article. Developing forms necessary for rules and

15 procedures. Adopted rules and procedures shall be

16 consistent with the terms of this agreement. To the

17 extent that there is an inconsistency, the terms of the

18 agreement shall prevail.

19 17.1.3.8 Distributing, at the beginning of each school year, a copy

20 of the adopted rules and procedures to all bargaining

21 unit members.

22 17.1.3.9 Establishing and implementing a procedure for

23 application and selection as a Consulting Teacher.

24 17.1.3.10 The Joint Committee will meet to assess the on-going

25 needs to be addressed by the PAR program, determine

26 the number of Consulting Teachers to be placed in a

27 pool of available Consulting Teachers in any school year,

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and the amount of release time provided to Consulting

2 Teachers, based on participation in the PAR program,

3 the budget, and other relevant considerations.

4 17.1.3.11 Reviewing the final report prepared by the Consulting

5 Teacher and make recommendations to the

6 Superintendent/Governing Board regarding the

7 Referred Participating Teacher’s progress in the PAR

8 program.

9 17.1.3.12 Approving in service and training opportunities

to developed by Consulting Teachers before

ii implementation.

12 17.1.3.13 Evaluating the impact of the PAR program yearly in

13 order to make changes to improve the program.

14 17.2 Participating Teachers.

15 17.2.1 A Referred Participating Teacher is a classroom teacher with

16 permanent status who receives assistance to improve his/her

17 instructional skills, classroom management, knowledge of subject,

18 andior other relevant aspects of his/her teaching performance, as

19 a result of an overall evaluation that does not meet district

20 standards on the Teacher Evaluation Form.

21 17.2.2 Referred Participating Teachers shall be identified upon issuance

22 of an overall unsatisfactory evaluation on Teacher Evaluation

23 Form. The form shall include the Standards and Elements of The

24 California Standards for The Teaching Profession and a category

25 to assess adjunct duties. The form shall be included in Appendix

26 B. Descriptors to be used as the basis for establishing ratings

27 shall be included in the Appendix of the Agreement, except

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July 1, 2013 to June 30, 2016

ratings for adjunct duties, for which no descriptors shall be

2 provided.

3 17.2.3 A Volunteer Participating Teacher is a classroom teacher with

4 permanent status or a teacher new to the profession that

5 volunteers to participate in the PAR program. Volunteer

6 participating Teachers are for peer assistance only and the

7 Consulting Teacher shall not document any performance review

8 for a Volunteer Participating Teacher. A Volunteer Participating

9 Teacher may terminate his/her participation in the program at

10 anytime.

11 17.2.4 A Referred Participating Teacher shall be assigned to his/her

12 Consulting Teacher by the Joint Committee. A Volunteer

13 Participating Teacher shall select a Consulting Teacher from a

14 pool of available Consulting Teachers based on their current

IS assignment. A Volunteer or Referred Participating Teacher may

16 apply to the Joint Committee to change his/her Consulting

17 Teacher at any time when requested by either the Participating

18 Teacher or the Consulting Teacher.

19 17.2.5 Mi communication between the Consulting Teacher and the

20 Volunteer Participating Teacher shall be confidential, and

21 without written consent of the Volunteer, shall not be shared with

22 any others, including the site administrator and the Joint

23 Committee.

24 17.2.6 All communication between the Consulting Teacher and Referred

25 Participating Teacher with the exception of the final report that

26 will be placed in the personnel file shall be confidential, and

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I without written consent of the Referred Participating Teacher,

2 shall not be shared with any others, except the Joint Committee.

3 17.2.7 The Referred Participating Teacher has the right to be

4 represented at any Joint Committee meeting or any meeting with

5 administrators throughout these procedures by the Association

6 representative of his or her choice.

7 17.3 Consulting Teachers.

8 17.3.1 A Consulting Teacher is a classroom teacher who provides

9 assistance to a Participating Teacher pursuant to the PAR

10 program. The qualifications for the Consulting Teacher shall be

I I set forth in the Rules and Procedures, with the following

12 minimum qualifications:

13 17.3.1.1 Credentialed bargaining unit member with permanent

14 status and have experience as a classroom teacher in

IS each of the last five (5) years.

16 17.3.1.2 Shall demonstrate exemplary teaching abilities, as

17 indicated by effective communication skills and mastery

18 of a range of teaching strategies necessary to meet the

19 needs of pupils in different contexts.

20 17.3.2 In filling a position of Consulting Teacher, each applicant is

21 required to submit three references from individuals with specific

22 knowledge of his/her expertise, as follows:

23 17.3.2.1 A reference from a site principal or other administrator,

24 17.3.2.2 A reference from an Association representative,

25 17.3.2.3 A reference from another bargaining unit member.

26 17.3.3 Consulting Teachers shall be selected and submitted for approval

27 to the Governing Board by a majority vote of the Joint Committee

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I following a selection process that may include classroom

2 observations by the committee members.

3 17.3.4 It is recognized that the Consulting Teacher’s daily schedules will

4 be flexible.

5 17.3.5 A Consulting Teacher shall be provided release time as needed.

6 The terms of the Consulting Teacher shall be a two (2) year term,

7 The Consulting teacher may reapply to serve two (2) additional

8 terms. Should a Consulting Teacher serve three (3) consecutive

9 terms, the consulting teacher must wait one full year before

10 reapplying to serve as a Consulting Teacher. Should a consulting

I I Teacher be appointed to an administrative position, he/she shall

12 not evaluate any teacher he/she provided assistance to through

13 the PAR program from three (3) years.

14 17.3.6 Functions performed pursuant to this Article by bargaining unit

15 employees shall not constitute either management or supervisory

16 functions. The Consulting Teacher shall continue all rights of

17 bargaining unit members. In addition to the regular salary, a full

18 or part-time Consulting Teacher may receive pro rata hourly pay

19 for all work beyond the regular workday andJor work year as

20 determined by the Joint Committee. No unit member may

2 I evaluate another unit member.

22 17.3.7 Consulting Teachers shall assist Participating Teachers by

23 demonstrating, observing, coaching, conferencing, insewicing,

24 referring, or by any other activities which, in their professional

25 judgment, will assist the Participating Teacher.

26 17.3.8 The Consulting Teacher shall meet with the Referred

27 Participating Teacher to discuss the PAR program, establish

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mutually agreed upon performance goals, develop the assistance

2 plan, and develop a process for determining successful completion

3 of the program. The Consulting Teacher shall conduct multiple

4 observations of the Referred Participating Teacher’s performance

5 with students, and shall meet with the Participating Teacher to

6 review and discuss observations.

7 17.3.9 The Consulting Teacher shall monitor the progress of the

8 Referred Participating Teacher and provide periodic written

9 comments to the Referred Participating Teacher for discussion

10 and review.

II 17.3.10 The Consulting Teacher shall continue to provide assistance not

12 to exceed one (1) school year to the Referred Participating Teacher

13 or until the Consulting Teacher concludes that the Referred

14 Participating Teacher has completed the plan or that further

15 assistance will not be productive. The Joint Committee may

16 authorize additional assistance beyond the one-year period. In the

17 event that the Joint Committee authorizes additional assistance,

18 the Referred Participating Teacher may petition the Joint

19 Committee to provide a different Consulting Teacher. The

20 Referred Participating Teacher shall also have the right to

21 request and meet with the Joint Committee accompanied by an

22 Association representative.

23 17.3.11 The results of the Referred Participating Teacher’s participation

24 in the PAR program shall be made available for placement in

25 his/her personnel file upon completion of the PAR Plan. The final

26 report shall only include time and date of meetings and the topic

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July 1,2013 to June 30, 2016

1 discussed. The Final PAR Report Form shall be included as

2 Appendix H of the contract.

3 17.3.12 The Consulting Teacher may work with Professional

4 Development Academy to develop and implement inservice and

5 training opportunities for Participating Teachers subject to

6 approval by the Joint Committee.

7 17.3.13 The District shall defend and hold harmless individual

8 participating members and consulting teachers from any lawsuit

9 or claim arising out of the performance of their duties under this

10 program as provided by California Government Code Tort Claims

11 Act.

12 17.4 Budget Priorities and Considerations.

13 17.4.1 The Joint Committee shall annually develop a budget to fund the

14 direct program and administrative expenses of the PAR program.

15 17.4.2 Funds shall be allocated for Consulting Teachers to provide

16 services, and other related costs; workshops for Participating

17 Teachers/Consulting Teachers, administrative costs, and

18 trainings/meetings of committee members.

19 17.4.3 Other funding sources may be allocated through the Educational

20 Services Department for release of participating teachers to

21 attend trainings, for standard administrative costs, and other

22 expenses.

23 17.5 Teacher Evaluation Based Upon Pupil Progress.

24 17.5.1 The District and Association shall agree to the selection of student

25 assessment instruments for teacher evaluation to be used to

26 determine the progress of pupils towards meeting grade-level

27 standards.

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17.5.2 The District and Association shall agree to the frequency for

2 administration of student assessment instruments to be used to

3 determine the progress of pupils towards meeting grade-level

4 standards.

5 17.5.3 The District and Association shall agree to the methods by which

6 student assessment data are analyzed and used to establish

7 teacher evaluation ratings for determination of pupil progress

8 towards meeting grade-level standards, including but not limited

9 to the following:

10 17.5.3.1 Achievement levels of students upon entry;

II 17.5.3.2 Special Program Placement (Special Education, ELL,

12 etc.);

13 17.5.3.3 Student attendance (e.g. hours/days of instruction);

14 17.5.3.4 The amount of time/days that a teacher has been

15 assigned to a specific class andlor subject area;

16 17.5.3.5 Relationship between assessment, instruction and

17 District curriculum;

18 17.5.3.6 Availability of materials to support the instructional

19 program;

20 17.5.3.7 Student behavior as evidenced by discipline records.

21 17.5.4 Student assessment data used for teacher evaluation shall be

22 confidential. The information shall be available to individual

23 teachers and immediate supervisors for purposes of evaluation.

24 17.5 Program Amendments.

25 17.5.1 This Article may be reopened at any time by mutual consent of

26 the parties or by recommendation of the Joint Committee.

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I ARTICLE 18: CERTIFICATED DISCIPLINE PROCEDURE

2 18.1 The District shall adhere to the following progressive discipline steps

3 when addressing unit member discipline. These steps may be modified or

4 skipped when the District determines the unit member’s conduct is

5 serious.

6 18.1.1 Verbal Warning

7 A verbal warning may be summarized in writing. This summary

8 shall include date of the meeting, the individuals present, the action or

9 omissions giving rise to the verbal warning and suggestions/directions for

10 improvement. The summary shall be placed in the unit member’s site file.

II In the event the misconduct recurs, and a warning letter is issued, the

12 summary may be attached to the written warning.

13 18.1.2 Written Warning

14 If the District determines that additional progressive discipline is

15 necessary, the unit member shall be issued a written warning which shall

16 be placed in the unit member’s personnel file. The written warning shall

17 include a statement of the unit member’s conduct and

18 suggestions/directions for improvement. In the event the misconduct

19 recurs, and a letter of reprimand is issued, the written warning may be

20 attached to the letter of reprimand.

21 18.1.3 Letter of Reprimand

22 If the District determines that additional progressive discipline is

23 necessary, the unit member shall be issued a letter of reprimand which

24 shall be placed in the unit member’s personnel file. The letter of

25 reprimand shall include a statement of the unit member’s conduct and

26 suggestionldirections for improvement.

27 18.1.4 Suspension

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A unit member may be suspended without pay by the District for

2 just cause, including violation of any of the causes for dismissal as set

3 forth in the Education Code Sections 44932, 44660-44665, and 44948.3,

4 when such cause is not considered serious enough to warrant dismissal.

5 18.1.4.1 The Superintendent or designee shall give written

6 notice to the unit member of the District’s intent to suspend.

7 18.1.4.2 The notice shall include the cause(s) on which the

8 suspension is to be based, the date(s) on which the suspension shall take

9 place, a statement that the unit member has a right to discuss the

10 proposed suspension with the Superintendent or designee prior to the

11 suspension, and a proposed date, time and place for such pre-suspension

12 discussion.

13 18.1.4.3 The unit member shall have five (5) working days in

14 which to respond to the notice of suspension. If the employee does not

15 respond, the District will schedule the suspension and provide notice

16 thereof to the unit member. The unit member’s response to the notice of

17 suspension, if any, shall confirm the proposed date and time for the pre

18 suspension discussion or waive such discussion. The pre-suspension

19 discussion, unless waived, shall take place within five (5) work days after

20 the unit member’s response to the notice of suspension is due.

21 18.1.4.4 The unit member shall be given the opportunity to

22 present facts and arguments regarding the proposed suspension and to be

23 represented at the pre-suspension discussion.

24 18.1.4.5 The Superintendent or designee shall inform the unit

25 member of the decision to suspend or not to suspend within three (3)

26 working days from the date of the pre-suspension discussion or after five

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I (5) work days from the date of the notice of suspension if the unit member

2 did not respond or waived the discussion.

3 18.1.4.6 The District shall schedule the suspension. The

4 suspension may be scheduled in one or more than one block of time.

5 18.1.4.7 First offenses shall be punishable by a suspension of

6 up to five (5) days, and thereafter suspension shall be for not more than

7 ten (10) days.

8

9 18.2 Nothing in this article shall limit the District’s right to initiate dismissal

10 proceedings andior immediate suspension and/or mandatory leave of

II absence as set forth in the California Education Code Sections 44932-

12 44948.3, and 44955, nor shall discipline under this article be regarded as

13 a precondition to dismissal proceedings under the California Education

14 Code.

IS 18.3 The employee may have a representative at any meeting, discussion or

16 conference provided wherein the unit member is entitled to be present.

17 18.4 Should the California Legislature repeal or amend those portions of the

18 Education Code governing discipline of certificated unit members,

19 including the provisions describing the causes for discipline, then the

20 parties agree to reopen this article for negotiations. The parties shall

2! meet prior to the effective date of any change in the law for the purpose of

22 identifying the appropriate standard or standards to be used to judge

23 whether discipline is warranted.

24 ARTICLE 19: CLASSROOM TEACHER INSTRUCTIONAL

25 IMPROVEMENT PROGRAM

26 19.1 Introduction.

27 The purpose of the Classroom Teacher Instructional Improvement

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July 1, 2013 to June 30, 2016

1 Program is to encourage teachers, whether acting individually or with

2 other teachers, to improve the quality of instruction. No portion of this

3 program shall be budgeted or paid from the general fund. It shall be

4 implemented only to the extent that special funding from the State is

5 provided. If the funding is decreased at any time during the life of the

6 program, the program will be decreased proportionately.

7 19.2 Criteria for Nomination and Selection.

8 The Instructional Improvement Grant Committee, as set forth in Article

9 19.3, in making its nominations to the Board, and the Board in making its

10 final designations, shall be guided by the following criteria:

11 19.2.1 Mandatory criteria shall be that the applicant be a credentialed

12 classroom teacher with permanent status. As defined the term

13 “classroom teacher” shall include mentor teachers, special

14 education resource teachers and categorically funded project

IS teachers.

16 19.2.2 The Governing Board shall review the recommendations of the

17 Committee and make the final decision on awards of grant funds.

18 The award of grants shall be made so as to improve instruction in

19 the areas of greatest need as determined by the Governing Board.

20 The Superintendent may, but is not required to, submit

21 recommendations to the Board concerning these grants.

22 19.3 Grant Selection Committee.

23 19.3.1 The Grant Selection Committee shall consist of three (3)

24 permanent certificated classroom teachers elected by a secret

25 ballot conducted among all probationary and permanent

26 classroom teachers in the District, and two (2) administrators

27 selected by the Superintendent, at least one of whom shall be a

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July 1, 2013 to June 30, 2016

principal. Specific procedures for the election shall be determined

2 by the District and Hemet Teachers Association.

3 19.3.2 The teachers on the initial Committee shall draw lots for one (1),

4 two (2), and three (3) year terms. Subsequently, all terms shall be

5 for three (3) years, or until this program is modified or

6 terminated.

7 19.3.3 The Grant Selection Committee shall have a chair elected by the

8 Committee. The chair shall assign a member of the Committee to

9 maintain notes of the meeting(s), and to prepare a list of

10 recommended awards.

Ii 19.3.4 The Grant Selection Committee shall establish procedures for the

12 evaluation of grant proposals which shall be in accord with

13 appropriate instructional areas as determined by the Board. The

14 Committee may request applicants to attend a Committee

15 meeting to discuss their proposal. An applicant may request an

16 opportunity to discuss her/his proposal with the Grant Selection

17 Committee prior to consideration of the proposal by the

18 Committee.

19 19.3.5 The Grant Selection Committee shall review all grant

20 applications. Members of the Committee may not be applicants.

21 19.3.6 The Grant Selection Committee shall recommend to the

22 Governing Board by rank order along with the recommended

23 amount of the grant, all grant proposals considered by a majority

24 of the Committee to have sufficient merit to receive such a grant.

25 19.3.7 The Grant Selection Committee shall establish procedures for the

26 review of the use of grant funds.

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JuJy 1, 2013 to June 30, 2016

1 19.4 Grant Awards.

2 The Governing Board may award for any grant proposal submitted by an

3 individual teacher any amount not to exceed $2,000.00 per fiscal year for

4 the teacher or for each teacher member of a group submitting a proposal.

5 The decision of the Governing Board shall be final.

6 ARTICLE 20: LOTTERY REVENUE

7 20.1 Twenty percent (20%) of any lottery check received by the District shall be

8 allocated to work sites based on the FTE certificated bargaining unit

9 members assigned to that site. This money may be used for equipment,

10 supplies, capital outlay, employee inservice or student field trips.

11 20.2 In addition to allocating lottery money to individual sites, the intent of

12 this provision is to involve certificated bargaining unit members in the

13 decision-making process of budgeting the expenditure of lottery money at

14 each work site. For this purpose, bargaining unit members at each site

15 will yearly be given the option of deciding to either elect a new committee

16 or utilize an existing committee or faculty group to participate with

17 administration in the manner and method of lottery money expenditure at

18 each site.

19 ARTICLE 21: SAVINGS

20 21.1 Each section, part, term, and provision of this Agreement shall be

21 considered severable. If, for any reason, any section, part, term or

22 provision herein is determined to be invalid and contrary to, or in conflict

23 with, any existing or future law or regulation or decision of a court or

24 agency having valid jurisdiction, such determination shall not impair the

25 operations or affect the remaining portions, sections, parts, terms or

26 provisions of this Agreement, and the latter will continue to be given full

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I force and effect and bind the parties hereto. The section, part, term or

2 provision deemed invalid shall not be considered part of this Agreement.

3 ARTICLE 22: CONCERTED ACTIVITIES

4 22.1 It is agreed by both parties that there will be no refusal or failure by unit

5 members to perform fully and faithfully all job functions and

6 responsibilities, and that there will be no concerted action or other

7 interference with the operations of the District sanctioned or encouraged

8 by the Association or by its officers, agents or its members during the

9 term of this Agreement, including compliance with the request of other

10 employee organizations to engage in such activity.

II 22.2 The Association recognizes the duty and obligation of its officers, agents,

12 and members to comply with the provisions of this Agreement and

13 therefore shall make every effort to induce all employees to do the same.

14 In the event of concerted action or other interference with the operations

IS of the District by employees who are represented by the Association, the

16 Association agrees to, in good faith, take all reasonable steps necessary to

17 cause those employees to cease such action.

18 22.3 It is understood by the parties that any employee violating this Article

19 may be subject to discipline, including termination, by the District.

20 ARTICLE 23: ABSENCE TO ATTENI) MEETINGS

21 23.1 Upon approval of the Superintendent or designee, absence with pay may

22 be granted to full-time employees covered by the Agreement to attend

23 meetings of a professional educational nature related to their

24 assignments.

25 23.2 Employees who attend a meeting or conference by administrative

26 assignment shall be entitled to reimbursement for appropriate expenses.

77


July 1, 2013 to June 30, 2016

I 23.3 Employees are encouraged to accept leadership roles in professional

2 educational organizations. However, before accepting such positions,

3 employees should check with the District Superintendent or designee

4 regarding obligations of the District for release time or expenses. Travel

5 expenses may be allowed on a reasonable basis for employees holding

6 official positions in professional educational organizations related to their

7 assignment. If an organization pays travel expenses to its officers, no

8 claims on District funds should be submitted.

9 23.4 No conference fees, enrollment fees, or payment of any ldnd which will

10 constitute dues to any organization or entitle an employee to the benefits

Ii equivalent to an annual membership may be reimbursed from District

12 funds.

13 23.5 Upon prior approval of the Superintendent or designee, absence with pay

14 may be granted to employees for the purpose of fulfilling civic

15 responsibilities. This pertains primarily to situations regarding public

16 relations wherein the school assumes partial responsibility in a group

17 endeavor.

18 ARTICLE 24: EFFECT OF AGREEMENT; ENTIRE AGREEMENT

19 24.1 The specific provisions of this Agreement prevail over prior District

20 practices and procedures and over State laws to the extent permitted by

2 I State law; however, in the absence of specific provisions in the Agreement,

22 District practices, procedures and policies outside the scope of

23 negotiations remain discretionary with the District. District practices,

24 procedures and policies affecting matters within the scope of negotiations

25 may not be modified by the District without first complying with the

26 collective bargaining requirement of law and other applicable codes and

27 statutes.

78


July 1, 2013 to June 30, 2016

I 24.2 This written Agreement sets forth the full and complete agreement

2 between the parties concerning the subject matter hereof and supersedes

3 all prior informal or formal agreements thereon. There are no valid or

4 binding representations, inducements, promises or agreements, oral or

5 otherwise, between the parties that are not embodied herein.

6 ARTICLE 25: NONDISCRIMINATION

7 25.1 Nondiscrimination. In the administration of the Agreement, the

8 District will not discriminate against a unit member in their employment

9 relationship with the District for any reason prohibited by state or federal

10 discrimination statutes.

Ii 25.2 Interpretation. This Article shall be interpreted in accordance with

12 applicable federal and state law.

13 25.3 Reasonable Accommodation. In the administration of this Agreement,

14 the District and the Association will provide reasonable accommodations

15 to qualified employees with protected disabilities. The need for and extent of

16 such accommodations shall be determined by the District in accordance

17 with its interpretations of the requirements of the Americans with

18 Disabilities Act, Title WI of the Civil Rights Act of 1964, and the

19 California Fair Employment and Housing Act, even if such

20 accommodations may be in conflict with another provision of this

21 Agreement.

22 25.3.1 Before reaching agreement with an employee for an

23 accommodation which may be inconsistent with or change the

24 Agreement between the District and the Association, the District

25 shall:

26 25.3.1.1 Noti the Association of the anticipated

27 accommodation, any desired waiver of a term or

79


July 1, 2013 to June 30, 2016

condition of this Agreement, and the District’s

2 assessment of the likely impact or effects upon other

3 employees;

4 25.3.1.2 Within ten (10) working days following notice to the

5 Association and before implementing any agreement,

6 meet and negotiate with the Association if demanded by

7 the Association over the accommodation and the impact

8 or effects thereof on employees;

9 25.3.1.3 Before implementing any accommodation which

10 requires a waiver of a term or condition of this

II Agreement, obtain from the Association the

12 Association’s written agreement to waive such term or

13 condition.

14 25.3.2 Notwithstanding the above, in the event the District and

15 Association cannot reach an agreement over an accommodation

16 which must out of necessity require a waiver of a term or

17 condition of employment, the District may implement such an

18 accommodation if it can demonstrate that there exists no other

19 viable alternative of accommodation that does not create an

20 undue hardship and which does not require a waiver of a

21 provision of the contract.

22 25.3.3 Agreement by the District or the Association to a particular

23 accommodation shall not oblige either the District or the

24 Association to accept the same or similar accommodation for any

25 other instance.

26 25.4 Waiver of Contractual Rights. If an employee claiming a violation of

27 this Article elects to proceed to an administrative agency or to court after

80



1 the filing of a grievance or at any time prior to an arbitrator issuing a

2 decision pursuant to Article 6 of this Agreement, the grievance shall be

3 considered withdrawn.

4 ARTICLE 26: COMPLETION OF MEET AND NEGOTIATION

5 26.1 During the term of this Agreement, the Association expressly relinquishes

6 the right to meet and negotiate further with respect to any matter,

7 whether or not covered in this Agreement. During the term of this

8 Agreement, if the Association and District mutually agree, negotiations

9 may be reopened with respect to any matter, whether or not covered in

10 this Agreement.

I’

81

Hernet Unified School DistricL & Bernet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1,2013 to June 30, 2016

3

4

5

6

7

9

Ii

I

Hemet Teachers Association, CTA-NEA

‘2

26.2 Executed as set forth in 1.2 above

Hemet Unified School District

8

I0

‘7

12


July 1,2013 to June 30,2016

AppendixA

HEMET UNIFIED SCHOOL DISTR[CT2014-15 TEACHER SALARY SCHEDULES

A B C D E

B.A. + 60 B.A. + 75B.A. Degree B.A. + 30 B.A + 45 mcI M.A. or mci M.A. or

orM.A. M.A.+15 M.A.+301 43,359 47,694 48,713 50,342 53,274 56,2142 43,697 48,064 49,090 52,283 55,333 58,5233 44,032 48,436 50,771 54,194 57,390 60,8284 44,371 48,807 52,445 56,137 59,448 63,1405 45,804 50,385 54,111 58,055 61,496 65,4456 51,958 55,791 59,988 63,562 67,7537 53,537 57,482 61,927 65,608 70,0668 56,694 59,158 63,850 67,670 72,3649 62,501 65,787 69,727 74,678

10 67,708 71,781 76,97911 71,576 75,888 79,28812 81,59713 84,211

16 86,18618 88,21520 90,35022 94,889

UNITS AFTER B.A. ME SEMESTER UNITS

For purpose of qualifying for column advancement, a Juris doctorate or any other post-graduate degree issued from an accredited institution shallbe treated as the equivalent of a masters degree,

“CLASS F: To qualify for each professional growth increment, experience plus three (3) semester units or 45 equivalent clock hours ofparticipation in staff development programs, inservice, and conferences must be completed.

SALARY SCHEDULE 102EFFECTIVE: 7/1114BOARD APPROVED: 2/3/15184 PAID DAYS10 PAY FREQUENCY8% INCREASE

_____________________________________

83



Appendix AHEMET UNIFIED SCHOOL DISTRICT

20 15-16 TEACHER SALARY SCHEDULE

A B I C D E FB.A. + 60 B.A. + 75B .A.

BA. + 30 B.A + 45 mcI MA. or mci M.A. orDegreeorM.A. M.A.+15 M.A.+30

1 44,226 48,648 49,687 51,349 54,339 57,3382 44,571 49,025 50,072 53,329 56,440 59,6933 44,913 49,405 51,786 55,278 58.538 62,0454 45,258 49,783 53,494 57,260 60.637 64,4035 46,720 51,393 55,193 59,216 62,728 66,7546 52,997 56,907 61,186 64,833 69,1087 54,608 58,632 63,166 66,920 71,4673 57,828 60,341 65,127 69,023 73,8119 63,751 67,103 71,122 76,17210 69,062 73,217 78,51911 73,008 77,406 80,87412 83,22913 85,895

16** 87,91013** 89,97920** 92,15722** 96,787

UNITS AFTER B.A. ARE SEMESTER UNITS

For purpose of qualifying for column advancement, a ]uris doctorate or any other post-graduate degree issued from an accredited institution shall betreated as the equivalent of a masters degree.

** CLASS F: To qualify for each professional growth increment, experience plus three (3) semester units or 45 equivalent clock hours ofparticipation in staff development programs, inservice, and conferences must be completed.

SALARY SCHEDULE 102EFFECTIVE: 7/1/15BOARD APPROVED: 417/15184 PAID DAYS10 PAY FREQUENCY2% INCREASE

84



AppendixB-i

HEMET UNIFIED SCHOOL DISTRICT20 14-15 COUNSELOR SALARY SCHEDULES

A* B C D B F**

BA B.A+45or B.A.+60 nd B.A.+75

DEGREEB.A.+15 B.A.+30 MA. M.A.orM.A. incIM.A.or

+15 M.A.+301 47,695 52,463 53,584 55,376 58,601 61,8352 48,067 52,870 53,999 57,511 60,866 64,3753 48,435 53,280 55,848 59,613 63,129 66,9114 48,808 53,688 57,690 61,751 65,393 69,4545 50,384 55,424 59,522 63,861 67,648 71,9906 57,154 61,370 65,987 69,918 74,528

.:*7 58,891 63,230 68,120 72,169 77,073:JL 62,363 65,074 70,235 74,437 79,600

*0* 68,751 72,366 76,700 82,146IJ 74,479 78,959 84,677

t1 78,734 83,477 87,217¶12 89,75713 92,63216** 9480518** 97,03720’ 99,38522 104,378

UNITS AFTER BA. ARE SEMESTER UNITS

For purpose of qualifying for column advancement, a juris doctorate or any other post-graduate degree issued from an accredited institution shall be

treated as the equivalent of a masters degree.

‘CLASS A: Counselors with intern authorizations

“ CLASS F: To qualify br each professional growth increment, experience plus three (3) semester units or 45 equivalent clock hours of participation in staff

development programs, inservice, and conferences must be completed.

SALARY SCHEDULE 104EFFECTIVE: 7/1/14

BOARD APPROVED: 2/3/15194 PAID DAYS

10 PAY FREQUENCY

8% INCREASE

Work Year is Teacher Work Year Plus 10 Days.Counselor Salary Schedule is 1.10 ratio of Teacher Salary Schedule

85


July 1, 2013 to June 30, 2016

Appendix B-iHEMET UNIFIED SCHOOL DISTRICT

2015-16 COUNSELOR SALARY SCHEDULES

A* B C D E

BA B.A÷45or B.A.+60 mci B.A.÷75

DEGREEB.A. + 15 B.A. + 30 M.A. M.A. or MA. mci M.A. or

+15 M.A.+301 48,649 53,513 54,656 56,484 59,773 63,0722 49,028 53,928 55,079 58,662 62,084 65,6623 49,404 54346 56,965 60,806 64,392 68,2504 49,784 54,761 58,843 62,986 66,701 70,8435 51,392 56532 60,712 65.138 69,001 73,4296 58,297 62,598 67,307 71,316 76,0197 60,069 64,495 69,483 73,612 78,6148 63,611 66,375 71,640 75,925 81,1929 70,126 73,813 78,234 83,78910 75,968 80,539 86,37111 80,309 85,147 88,96112 91,55213 94,485

16** 96,70118** 98,97720** 101,37322** 106,466

UNITS AFTER B.A. ARE SEMESTER UNITS


treated as the equivalent of a master’s degree.

CIASS A: Counselors with intern authorizations

CLASS F: To qualify for each professional growth increment, experience plus three (3) semester units or 45 equivalent clock hours of participation in staff

development programs, inservice, and conferences must be completed.


BOARD APPROVED: 4/7/15

194 PAID DAYS10 PAY FREQUENCY

2% INCREASE

Work Year is Teacher Work Year PIus 10 Days.

Counselor Salary Schedule is 1.10 ratio of Teacher Salary Schedule

86

Bernet Unified School District & Hernet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

AppendixB-2

HEMET UNIFIED SCHOOL DISTRICT20 14-15 PSYCHOLOGIST/OCCUPATIONAL THERAPIST SALARY SCHEDULE

A B F*

PROFCRED. CRED + MA.

GROWTH

1 75,114 80,3242 77,397 82,8933 79,677 85,4474 84,236 88,0105 90,5736 93,474

16* 95,66618* 97,91920* 100,28922* 105,327


treated as the equivalent of a master’s degree.

CLASSIFICATION A: Appropriate credential required. Salary Ratio 1.11 of Teacher Salary Schedule Class E, Step 8-11

CLASSIFICATION B: Appropriate credential plus Master’s Degree, Salary Ratio 1.11 of Teacher Salary Schedule Class F, Step 8-13

CLASSIFICATION F: To qualify for each professional growth increment, experience plus three (3) semester units, or 45 equivalent clock

hours of participation in staff development programs, inservice, and conferences must be completed. Salary Ratio 1.11 ofTeacherSalary

ScheduleClass F* Step 16-22


BOARD APPROVED: 2/3/15

194 PAID DAYS

10 PAY FREQUENCY

8% INCREASE

87


July 1,2013 to June 30, 2010

Appendix B-2HEMET UNIFIED SCHOOL DISTRICT

2015-16 PSYCHOLOGIST/OCCUPATIONAL THERAPIST SALARY SCHEDULE

A B F

PROFCRED. CRED + M.A.

GROWTH

1 76,616 81,9302 78,945 64,5513 81,271 87,1564 85,921 89,7705 92,3846 95,343

16* 97,58018* 99,87720* 102,29422* 107,434

For purpose of qualifyingfor column advancement, a juris doctorateor any other post-graduate degree issued from an accredited institutionshall betreated as the equivalent of a masters degree.

CLASSIFICATION A: Appropriate credential required. Salary Ratio 111 of Teacher Salary Schedule Class E, Step 8-11

CLASSIFICATION B: Appropriate credential plus Masters Degree, Salary Ratio 1-11 of Teacher Salary Schedule Class F. Step 8-13

CLASSIFICATION F: To qualifyfor each professional growth increment, experience plus three (3) semesterunits, or 45 equivalent clockhours of participation in staff development programs, inservice, and conferences must be Completed. Salary Ratio 111 ofTeacherSalarySchedule Class F” Step 16-22

SALARY SCHEDULE 103

EFFECTIVE: 7/1/15

SOARD APPROVED: 417/15

194 PAID DAYS10 PAY FREQUENCY

2% INCREASE

88


July 1, 2013 to June 30, 2016

AppendixC

Appendix ClHEMET UNIFIED SCHOOL DISTRICT

20 14-15 EXTRA PAY SCHEDULE

Except as otherwise noted, extra pay for extra services will be computed on a percentage ofClassification E, Step 5. Amounts will be rounded off to the nearest $1.00.

I. Ratio of Teaching Salary:Work Year Responsibility

Work Year Factor Factor Ratio

A. ::Counselors Teacher .050 .050 1.100Work YearPlus 10 days

B. Additional Summer Per Week .025 1.025work (Upon approvalin advance by theSuperintendent)

C. Extra Period Extra period assignments shall be compensated at 1/6 ofAssignment the employee’s regular salary for the period during

which the teacher performs the extra periodassignment. Compensation for extra periodassignments commences the first contract day theteacher receives the assignment.

U. Fixed Amounts Per Assignment:High School Percentage Salary

A. Academic Coach 5% [per year] S3,075.00B. Agriculture Project Supervisor 3.9% [per semester] $2,398.00C. Athletics

*Director of Athletics 12% [per year] $7,380.00Head Varsity Football Coach 8% [per assignment] $4,920.00All other Head Varsity Coaches 7% [per assignment] $4,305.00All Assistant Coaches 5% [per assignment] $3,075.00

D. Band Advisor 8% [per year] $4,920.00E. Chorus Advisor 6% [per year] $3,690.00F. Dance Team Advisor 3% [per year] $1,845.00G. Debate Coach 3% [per year] $1,845.00H. ‘Department Chairperson

*Department with 7 or more members 5% [per year] $3,075.00*Department with 4-6 members 4% [per year] $2,460.00tDepartment with 3 or less members 3% [per year] $1,845.00

tSa]ary is part of contract subject to retirement.Adopted: 5/5/15Effective: 7/1/14

89

Hemet Unified School District & ilemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

Appendix C-2HEMET UNIFIED SCHOOL DISTRICT


High School Percentage Salary

I. Drama Advisor 6% [per year] $3,690.00J. Driver Training [per pupil trained] 8104.84K. Driver Training Coordinator 5% [per year] $3,075.00L. Flag & Banner Advisor 4% [per year] $2,460.00M. Journalism Advisor 7% [per year] $4,305.00N. Pep Squad Advisor 4% [per year] $2,460.000. Pep Squad Assistant Advisor 3% [per year] 81,845.00P. Scholarship Advisor 3% [per year] 81,845.00Q. Speech Coach 3% Iper year] $1,845.00R. tStudent Activities Director 12% Iper year] $7,380.00S. Yearbook Advisor 7% Iper year] $4,305.00

Stipends may be split between or among unit members if agreed to by the employees and if approved by the principal andGoverning Board.

Continuation High School Percentage Salary

A. Sports Coordinator 3% [per year] $1,845.00B. Yearbook Advisor 5% [per year] $3,075.00


Middle School Percentage Salary

A. Academic Coach 5% [per year] $3,075.00B. Athletics

Director of Athletics [no release time] 3% [per year] $1,845.00Head Coach 2% [per assignment] $1,230.00

C. Band Advisor 5% [per year] $3,075.00D. Chorus Advisor 5% [per year] $3,075.00E. Department Chairperson

‘Department with 7 or more members 5% [per year] $3,075.00‘Department with 4-6 members 4% [per year] 82,460.00*Department with 3 or less members 3% [per year] 81,845.00

F. Drama Advisor 3% [per year] $1,845.00G. Flag and Banner Advisor 3% [per year] 81,845.00H. Journalism Advisor 3% [per year] 81,845.00I. Pep Squad Advisor 3% [per year] $1,845.00J. Student CounciUActivities Advisor 5% [per year] $3,075.00K. Yearbook Advisor 3% [per year with class] $1,845.00

6% [per year without class] $3,690.00Stipends may be split between or among unit members if agreed to by the employees and if approved by the principal andGoverning Board.:Ksalary is part of contract subject to retirement.Adopted: 5/5/15Effective: 7/1/14

90


July 1, 2013 to June 30, 2016



Hamilton School Grades 9-12 Percentage Salary

Extra Pay stipends at Hamilton School to be same as comprehensive high school except:

A. tActivities Director 8% [per year] $4,920.00B. tAthletic Director 8% [per year] $4,920.00


Elementary Schools Grades K-5 Percentage Salary

A. Band Advisor 4% [per yearj $2,460.00B. Chorus Advisor 4% [per yearj $2,460.00C. Collateral Duty 2% [per year) $1,230.00


11-5 Grades

A. Band Advisor 4% [per yearl $2,460.00B. Chorus Advisor 4% [per yearl $2,460.00C. Collateral Duty 2% [per yearl $1,230.00

6-8 Grades

A. Student Council Advisor 5% [per year] $3,075.00B. tDepartment Chairperson 3% [per year] $1,845.00C. Head Coach 1.32% [per assignment] $812.00


III. Hourly Wage (Effective 7/1/14):Adult Education/Independent Study .058% $35.67 per hour

Detention Duty / Saturday School .055% $33.82 per hour

New Teacher Orientation .055% $33.82 per hour

Home & Hospital .070% $43.05 per hour

R & D Rate .080% $49.20 per hour

Summer School NA $46.25 per hour

*Salary is part of contract subject to retirement.Adopted: 5/5/15Effective: 7/1/14

91

Bernet Unified School District & Bernet Teachers Association, CTA.NEA




HI. An isolation factor will be paid to teachers assigned to Cottonwood School in the

following manner:

Teachers assigned to Cottonwood School during the 1997-98 school year who received an isolationfactor during that year of $400 or $500 shall continue to receive that sum in the future if assignedto Cottonwood School. The isolation factor shall be paid in the last pay warrant of the school year.A year of service is defined as teaching 75% of the school year.

Teachers assigned to Cottonwood School during the 1997-98 school year who received an isolationfactor during that year of less than 8400, or first assigned to Cottonwood School during the 1998-99 school year or later, shall receive an isolation factor of 8300 per year while assigned toCottonwood School. The isolation factor shall be paid in the last pay warrant of the school year. Ayear of service is defined as teaching 75% of the school year.

V. Compensation For Involuntary TransfersShall remain for the duration for the involuntary transfer (Article 10.3.8 Collective BargainingAgreement)

Cottonwood 8750.00Hamilton 8750.00Idyllwild 8450.00Winchester $210.00

VI. Mileage Reimbursement$50 per mile or Board policy, whichever is greater.

WI. *Stipend for Speech TherapistsSpeech Therapists shall receive a stipend of 5% of Classification E, Step 5.

VIII. *Stipend for Earned DoctorateStipend for Ph.D. or Ed.D. from an accredited institution - $750 per year.

DC *Stipend for NBPTS CertificationStipend for obtaining certification from the National Board for Professional Teaching Standards(NBPTS) -$750 per year.

*Salary is part of contract subject to retirement.Adopted: 5/5/15Effective: 7/1/14

92


July 1, 2013 to June 30, 2016



X. Substitute Service Compensation

Teachers who use their preparation period to substitute for teachers who are absent due toscheduled school business, illness, or emergencies shall be covered by the following provisions:

a) “In Lieu” is defined as the performance of substitute service by an employee during his/herassigned preparation period in exchange for compensatory time off.

b) Such service shall first be solicited on a voluntary basis. In the event that no volunteer canbe obtained, employees may be assigned on an occasional basis to perform in lieu service.

c) No in lieu time may be taken the last two (2) weeks of each semester except upon priorapproval by the principal.

Elementary Compensation Time:Elementary teacher compensatory time off for such service shall be granted in half-hour periodswith ten (10) half hours accrued equaling one day of compensatory time. (Ten (10) half hourperiods is equivalent to five (5) planning time periods.) In regard to kindergarten teachers, five (5)planning time periods used to cover another class shall equal one (1) day of compensatory time. Amaximum of twenty (20) periods will be allowed per year. At the end of each school year, unusedcompensatory time shall be compensated at the Appendix C III, R&D rate .080%, for each two halfhour periods.

Secondary/Middle School Compensation Time:Secondary including Middle School compensation time off for such service shall be granted on aperiod-for-period basis up to a maximum of twenty (20) periods. At the end of each school year,unused compensatory time shall be compensated at the Appendix C III, R&D rate .080%.

Full-time independent study teachers paid on a salary basis shall be eligible for compensatorytime off in accordance with this section.

Compensatory time off may be granted in portions of one (1) period or more upon prior approval bythe principal or designee. Under normal circumstances, employees may be permitted to take nomore than two (2) consecutive days of compensatory time off. Under unusual circumstances andupon written application, a principal may authorize up to three (3) consecutive days ofcompensatory time off.

‘Salary is part of contract subject to retirement.Adopted: 5/5/15Effective: 7/1/14

93


July 1,2013 to June 30, 2016

Appendix C-iKEMET UNIFIED SCHOOL DISTRICT


Except as otherwise noted, extra pay for extra services will be computed on a percentage ofClassification E, Step 5. Amounts will be rounded off to the nearest $1.00.

I. Ratio of Teaching Salary:Work Year Responsibility

Work Year Factor Factor Ratio

A. Counse1ors Teacher .050 .050 1.100Work YearPlus 10 days

B. Additional Summer Per Week .025 1.025work (Upon approvalin advance by theSuperintendent)

C. Extra Period Extra period assignments shall be compensated at 1/6 ofAssignment the employee’s regular salary for the period during

which the teacher performs the extra periodassignment. Compensation for extra periodassignments commences the first contract day theteacher receives the assignment.

II. Fixed Amounts Per Assignment:High School Percentage Salary

A. Academic Coach 5% [per year] *3,136.00B. Agriculture Project Supervisor 3.9cf. [per semester] $2,446.00C. Athletics

tDirector of Athletics 12% [per year] $7,527.00Head Varsity Football Coach 8% [per assignment] $5,018.00All other Head Varsity Coaches 7% [per assignment] $4,391.00All Assistant Coaches 5% [per assignment] $3,136.00

D. Band Advisor 8% [per year] $5,018.00E. Chorus Advisor 6% [per year] $3,764.00F. Dance Team Advisor 3% [per year] $1,882.000. Debate Coach 3% [per yearl $1,882.00H. *Department Chairperson

*Department with 7 or more members 5% [per year] $3,136.00‘Department with 4-6 members 4% [per year] $2,509.00tDepartment with 3 or less members 3% [per year] $1,882.00

tSalary is part of contract subject Lo retirement.Adopted: 515/15Effective: 7/1/15

94


July 1, 2013 to June 30, 2016


20 15-16 EXTRA PAY SCHEDULEHigh School Percentage Salary

I. Drama Advisor 6% [per year] $3,764.00J. Driver Training [per pupil trained] $106.94K. Driver Training Coordinator 5% [per year] $3,136.00L. Flag & Banner Advisor 4% [per yearl $2,509.00M. Journalism Advisor 7% [per yearl $4,391.00N. Pep Squad Advisor 4% [per yearj $2,509.000. Pep Squad Assistant Advisor 3% [per year] $1,882.00P. Scholarship Advisor 3% Iperyear] $1,882.00Q. Speech Coach 3% [per year] $1,882.00R. ‘Student Activities Director 12% [per year] $7,527.00S. Yearbook Advisor 7% [per year] $4,391.00


Continuation High School Percentage Salary

A. Sports Coordinator 3% [per year] $1,882.00B. Yearbook Advisor 5% [per yearl $3,136.00


Middle School Percentage Salary

A. Academic Coach 5% [peryear] $3,136.00B. Athletics

Director of Athletics [no release time] 3% [per year] $1,882.00Head Coach 2% [per assignment] $1,255.00

C. Band Advisor 5% [per year] $3,136.00D. Chorus Advisor 5% [per year] $3,136.00E. mepartment Chairperson

*Department with 7 or more members 5% [per year] $3,136.00*Department with 4-6 members 4% [per year] $2,509.00*Department with 3 or less members 3% [per yearj $1,882.00

F. Drama Advisor 3% [per yearj $1,882.000. Flag and Banner Advisor 3% [per year] $1,882.00H. Journalism Advisor act [per year] $1,882.00I. Pep Squad Advisor 3% Iper year] $1,882.00J. Student Council/Activities Advisor 5% Iper year] $3,136.00K. Yearbook Advisor 3% [per year with class] $1,882.00

6% [per year without class] $3,764.00Stipends may be split between or among unit members if agreed to by the employees and if approved by the principal andGoverning Board.*Salary is part of contract sub ject to retirement.Adopted: 5/5/15Ellective: 7/I/IS

95


July 1,2013 to June 30, 2016


2015-16 EXTRA PAY SCHEDULE

Hamilton School Grades 9-12 Percentage Salary

Extra Pay stipends at Hamilton School to be same as comprehensive high school except:

A. °AcHvifies Director 8% (per year] $5,018.00B. *Athletic Director 8% (per year] $5,018.00



A. Band Advisor 4% [per year] $2,509.00B. Chorus Advisor 4% [per year] $2,509.00C. Collateral Duty 2% (per year] $1,255.00


11-5 Grades

A. Band Advisor 4% [per year] $2,509.00B. Chorus Advisor 4% [per year] $2,509.00C. Collateral Duty 2% [per year] $1,255.00

6-8 Grades

A. Student Council Advisor 5A (per yearl $3,136.00B. tDepartment Chairperson 3% [per yearl $1,882.00C. Head Coach 1.32% [per assignment] S828.00


III. Hourly Wage (Effective 7/1115):Adult Educationllndependent Study .058% $36.38 per hourDetention Duty I Saturday School .055% $34.50 per hourNew Teacher Orientation .055% $34.50 per hourHome & Hospital .070% S43.91 per hourR & D Rate .080% $50.18 per hourSummer School NA $47.18 per hour

tSalary is part of contract sub cci to retirement.Adopted: 5/5/15Eflèctive: 7/1/15

96





N. An isolation factor will be paid to teachers assigned to Cottonwood School in thefollowing manner:

Teachers assigned to Cottonwood School during the 1997-98 school year who received an isolationfactor during that year of $400 or $500 shall continue to receive that sum in the future if assignedto Cottonwood School. The isolation factor shall be paid in the last pay warrant of the school year.A year of service is defined as teaching 75% of the school year.

Teachers assigned to Cottonwood School during the 1997-98 school year who received an isolationfactor during that year of less than $400, or first assigned to Cottonwood School during the 1998-99 school year or later, shall receive an isolation factor of $300 per year while assigned toCottonwood School. The isolation factor shall be paid in the last pay warrant of the school year. Ayear of service is defined as teaching 75% of the school year.

V. Compensation For Involuntary TransfersShall remain for the duration for the involuntary transfer (Article 10.3.8 Collective BargainingAgreement)

Cottonwood $750.00Hamilton $750.00Idyflwild $450.00Winchester $210.00

VI. Mileage Reimbursement$.50 per mile or Board policy, whichever is greater.

VII. *Stipend for Speech TherapistsSpeech Therapists shall receive a stipend of 5% of Classification E, Step 5.

VIII. *Stipend for Earned DoctorateStipend for Ph.D. or Ed.D. from an accredited institution - $750 per year.

XI. *Stipend for NBPTS CertificationStipend for obtaining certification from the National Board for Professional Teaching Standards(NBPTS) -$750 per year.

tSalarv is part of contract subject to retirement.Adopled: 5/5/15ElThctive: 7/I/IS

97





X. Substitute Service Compensation

Teachers who use their preparation period to substitute for teachers who are absent due toscheduled school business, illness, or emergencies shall be covered by the following provisions:

a) “In Lieu” is defined as the performance of substitute service by an employee during his/herassigned preparation period in exchange for compensatory time off.

b) Such service shall first be solicited on a voluntary basis. In the event that no volunteer canbe obtained, employees may be assigned on an occasional basis to perform in lieu service.

c) No in lieu time may be taken the last two (2) weeks of each semester except upon priorapproval by the principal.

Elementary Compensation Time:Elementary teacher compensatory time off for such service shall be granted in half-hour periodswith ten (10) half hours accrued equaling one day of compensatory time. (Ten (10) half hourperiods is equivalent to five (5) planning time periods.) In regard to kindergarten teachers, five (5)planning time periods used to cover another class shall equal one (1) day of compensatory time. Amaximum of twenty (20) periods will be allowed per year. At the end of each school year, unusedcompensatory time shall be compensated at the Appendix C III, R&D rate .080%, for each two halfhour periods.

Secondary/Middle School Compensation Time:Secondary including Middle School compensation time off for such service shall be granted on aperiod-for-period basis up to a maximum of twenty (20) periods. At the end of each school year,unused compensatory time shall be compensated at the Appendix C III, R&D rate .080%.

Full-time independent study teachers paid on a salary basis shall be eligible for compensatorytime off in accordance with this section.

Compensatory time off may be granted in portions of one (1) period or more upon prior approval bythe principal or designee. Under normal circumstances, employees may be permitted to take nomore than two (2) consecutive days of compensatory time off. Under unusual circumstances andupon written application, a principal may authorize up to three (3) consecutive days ofcompensatory time off.

tSalary is part of conLracL suhjccL to retirement.

Adopied: 5/5/15FiThetive: 7/I/IS

98

Hemet Unified School District & ilemet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

Appendix B

Hemet Unified School District

HEALTH & WELFARE BENEFITS

Option I Option 2

Medical: Anthem Blue Cross Medical: Kaiser Medical

Prescriptions: Care Mark Prescription Prescriptions: Kaiser Medical

Dental: Delta Dental Plan(CE) Dental: Delta DenEal Plan(CE)Or Or

MetLife-Safeguard HMO Met-Life-Safeguard HMO

Vision: Vision Service Plan Vision: Vision Service Plan

Life: S50,000 policy Life: S50,000 policy

Optional Flexible Benefit Plans (employee paid):

Section 125 of the Internal Revenue Code allows the Hemet Unified School District to offeremployees an opportunity to participate in a variety of optional benefit plans. Because the costof the plan(s) are paid from the employee’s salary before taxes are calculated, participation canresult in lower taxes and more take-home pay.

Voluntary Benefits

American Fidelity: 866-523-1857National Teacher Associates: 888-671-6771Pacific Educators: 800-722-3365The Standard: 800-522-0406UNUM: 800-635-5597

This information is as of 7/1/14. Subject to change on a yearly basis.

99


July 1, 2013 to June 30, 2016

Appendix E

YOUR RIGHTSUnder the

Family and Medical Leave Act of 1993And

The California Family Rights Act

The Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act (CFRA) require theDistrict to provide up to 12 work weeks of unpaid, job-protected leave with health benefits maintained at the samelevel as if the employee were working to “eligible” employees for certain family and medical reasons. Employees areeligible if they have been employed by the District for at least one year, and have actually worked at least 1,250hours in the 12 months prior to taking the leave, excluding paid and unpaid leaves. Full-time teachers arepresumed to have worked 1,250 hours unless the District can prove otherwise.

Eligible employees may take 12 work weeks of FMLA andlor CFRA leave in a fiscal year, July 1 through June 30.Leave taken under the FMLA shall run concurrently with leave taken under the CFRA except for pregnancy,childbirth, or related disabilities, where the employee shall be entitled to 12 work weeks of leave under the FMLA torun concurrently with available paid leave and Pregnancy Disability Leave Act (PDLA), and 12 work weeks underthe CFRA following exhaustion of FMLA and PDLA leave.

Reasons for Taking Leave:Unpaid leave must be granted to eligible employees for any of the following reasons:

• To care for the employee’s child after birth, or placement for adoption or foster care, within one year of thebirth or placement;

• To care for the employee’s spouse, dependent child, or parent/guardian, with a serious health condition; or• Under the CFRA only and effective January 1, 2005, to care for the employee’s registered domestic partner

with a serious health condition; or• For the employee’s own serious health condition that makes the employee unable to perform the essential

functions or his or her job.

Where the leave is for the birth or placement of a new child or to care for a family member with a serious healthcondition, the employee may substitute available personal necessity leave for the unpaid leave, which shall runconcurrently with the FMLAICFRA entitlement. Where the employee’s absence is for his or her own serious healthcondition, the employee shall substitute available sick leave and extended illness leave for the unpaid leave, whichshall run concurrently with the FMLA/CFRA leave.

FMLA andlor CFRA leave may be taken intermittently or on a reduced-work schedule where medically necessary orwhere the treating physician indicates that the employee is needed to care for the ill family member on anintermittent basis. Where the leave is to care for a new child, the leave must be taken in at least two-weekincrements except on two occasions.

Advance Notice and Medical CertificationThe employee may be required to provide leave notice and medical certification. Taking of leave may be denied ordelayed if requirements are not met.

• The employee must provide 30 days advance notice when the need for the leave is “foreseeable.” If propernotice is not provided, the District may delay the commencement of the leave. Where the need for the leaveis not foreseeable, the employee shall provide notice as soon as practical, within two work days.

• Where the absence is for the employee’s own serious health condition or the serious health condition of aparent, spouse, or child, the District may require medical certification, and may require second or thirdopinions at the District’s expense. Where the leave is for the employee’s own serious health condition, the

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July 1, 2013 to June 30, 2016

District may require a medical certification that the employee is able to return to work and perform theessential functions of his or her position.

Job Benefits and ProtectionFor the duration of FMLA and/or CFRA leave, the District must maintain the employee’s health coverageunder any “group health plan”. If the employee is normally required to pay any portion of the insurancepremium, he or she must continue to pay that portion during the FMLA and/or CFRA leave.

• Upon return from FMLA and/or CFRA leave, in most circumstances, employees must be restored to theiroriginal or equivalent positions with equivalent pay, benefits, and other employment terms.

• The use of FMJA and/or CFRA leave cannot result in the loss of any employment benefit that accrued priorto the start of an employee’s leave.

Unlawful Acts by EmployersThe FMLA and CFRA makes it unlawffil for any employer to:

• Interfere with, restrain, or deny the exercise of any right provided under the FMIA and/or CFRA;• Discharge or discriminate against any person for opposing any practice made unlawful by the FMLA and/or

CFRA or for involvement in any proceeding under or relating to the FMIA and/or CFRA.

Enforcement:• The U.S. Department of Labor is authorized to investigate and resolve complaints of violations of the FMIA;• The California Department of Fair Employment and Housing is authorized to investigate and resolve

complaints of violations of the CFR4;• An eligible employee may bring a civil action against an employer for violations.

The FMLA and CFRA do not affect any Federal or State law prohibiting discrimination, or supersede any State orlocal law or collective bargaining agreement which provides greater family or medical leave rights.

For Additional Information:• For more detailed information on the District’s FMLNCFRA policy and regulations, see HUSD Board

Policy/Administrative Regulation 4161.8.• For questions or complaints concerning the FMLA, contact the nearest office of the Wage and Hour division,

listed in most telephone directories under U.S. Government, Department of Labor, or online atww w .do I.ov/esalwhd.

• For questions or complaints concerning the CFRA, contact the nearest office of the California Department ofFair Employment and Housing. listed in most telephone directories under state government, or online atwww .dfeh .ca. gov.

101



Appendix F-i

MEMORANDUM OF UNDERSTANDINGBETWEEN THE HEMET UNIFIED SCHOOL DISTRICT

AND THE HEMET TEACHERS ASSOCIATION

This memorandum of understanding is entered into by and between the Hemet Unified SchoolDistrict (District) and the Hemet Teachers Association, CTA/NEA, (HTA), concerning year-round schoolsand shall modify the current collective bargaining agreement between the District and HTA and shall expirewith that agreement if not renewed.

Vacancies at Year-Round Schools

a. When a vacancy occurs at a year-round school site, the other teachers at the same gradelevel as the vacant position/track assignment at that site shall have first choice at thevacancy. If more than one teacher requests the track change to the vacancy, the teacherwith the most seniority shall be assigned to the vacancy unless there is a need for anauthorized teacher for ELL compliance.

b. The vacancy then created by that change shall be opened up to all other teachers at theschool site. The District shall use the following criteria in selecting the teacher to fill thevacancy. The criteria are not ranked in any priority order.

i. Certification (credentials held)H. Qualifications (education and training)iii. Legal compliance issues; for example, where the class serves English Language

Learners (ELL) and whether the teacher holds a CLAD certificate or other certificate orcredential appropriate to teach ELL.

iv. Seniorityv. Experience at the grade level in which the vacancy occurs

c. Nothing in this Agreement shall permit teachers to “bump teachers from existing positionsand track assignments. This Agreement shall apply only where a position/track assignmentis vacant.

2. Communications with Off-Track Teachers at Year-Round Schools

When a teacher assigned to a year-round school site is off-track, he or she may leave aself-addressed envelope with the school office and

102


July 1,2013 to June 30, 2016

mquost that ochool bullotina bo sont to him or her et horns during his orhoroTtlrlhckportod titnoloachordoasnotIoawoaooiTadd,eaaodenvelopo. hoar she shall not receive school bultotins during hia or her Ott—

track period.

This Agreernont shell constitulo Ilto entire £igroOnionl ci Inn parties andmay onty be modittod or nmnndnd In uniting, signed by both portIon.

-za—

ofAuthorized ØPresentative Oat.

Hornet Wnac,ors Association. CThJNEA

____________________

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Atitha rizod Repre *ttt’ye Ott toHornet tin Iliad Schoor’flstrict

103


July 1,2013 to June 30, 2016

AppendixF-2

MEMORANDUM OF UNDERSTANDINGBETWEEN ThE HEMEF UNIFIED SCHOOL DISTRICT

AND THE HEMET TEACHERS ASSOCIATION

This memorandum of understanding is entered into by and between theHornet Unified School District (District) and the Hornet Teachers Association,CTNNEA, (HTA), concerning the instructional and work year, and instructionaland duty minutes, at year-round schoois, and shall modify the current collectivebargaining agreement between the District and HTA end shall expire with thatagreement if not renewed.

1. Notwithstanding Section 7.1.1 oF the collective bargainingagreement. eftective vAth the 2001-2002 school year, the istmctional year foryear-round school sites shall be 175 days, and the work year for cerliticatedemployees assigned to year-round school sites shall be 179 days. Theinstructional year end work year for year-round school sites for the 2001-2002school year is attached as Exhibit A. All other provisions of Section 7.1.1 shallremain in full force and effect for certificated employees assigned to year-roundschool sites.

2. NotwithstandIng Section 7.1.6 of the collective bargainingagreement, effective with the 2001-2002 school year. Ihe instructional minutesfor regular duty days at year-round school sites shall be increased by ten (to)

minutes per day as follows:

Kindergarten: 210 Instructional Minutes

Grades 1-3: 313 Instructional Minutes

Grades 4-5: 324 Instructional Minutes

The total regular duty day for certificated employees assigned to year-roundschool sites shall increase by ten (10) mInutes to 369 minutes per regular duty

day- All other provisions of Section 7.1.6 shall remain in full force and effect brcertificated employees assigned to year-round school sites.

This Agreement shall constitute the entire agreement of the parties andmay only be modified or amended in writing, signed by both parties.

__

Autrized RCV’resentative DateHemet Teachers Association, CTNNEA

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July 1, 2013 to June 30, 2016

Appendix G

The California Standards for the Teaching Profession

1. Engaging and Supporting All Students in Learning 2. Creating and Maintaining Effective Environmentsfor Student Learning

1.1 Connecting students prior knowledge, lifeexperience and interests with learning goals. 2.1 Creating a physical environment that engages all

1.2 Using a variety of instructional strategies to students.respond to students’ diverse needs. 2.2 Establishing a climate that promotes fairness and

1.3 Facilitating learning experiences that promote respect.autonomy, interaction and choice. 2.3 Promoting social development and group

1.4 Engaging students in problem solving, critical responsibility.thinking, and other activities that make subject 2.4 Establishing and maintaining standards for studentmater meaningful. behavior.

1.5 Promoting self-directed, reflective learning for all 2.5 Planning and implementing classroom proceduresstudents. and routines that support student learning.

2.6 Using instructional time effectively.

3. Understanding and Organizing Subject Matter for 4. Planning Instruction and Designing LearningStudent Learning Experiences for All Students

3.1 Demonstrating knowledge of subject matter and 4.1. Drawing on and valuing students’ backgrounds.student development, interests and developmental learning needs.

3.2 Organizing curriculum to support student 4.2. Establishing and articulating goals for studentsunderstanding of subject matter, learning.

3.3 Interrelating ideas and information within and across 4.3. Developing and sequencing instructionalsubject matter areas, activities and materials for student learning.

3.4 Developing student understanding through 4.4. Designing short-term and long-term plans toinstructional strategies that are appropriate to the foster student learning.subject mailer. 4.5. Modifying instructional plans to adjust for

3.5 using materials, resources and technologies to make student needs.subject matter accessible to students.

5. Assessing Student Learning 6. Developing as a Professional Educator

5.1, Establishing and communicating learning goals 6.1. Reflecting on teaching practice and planningfor all students. professional development.

5.2. Collecting and using multiple sources ol 6.2. Establishing professional goals and pursuinginformation to assess student learning. opportunities to grow professionally.

5.3. Involving and guiding all students in assessing 6.3. Working with communities to improvetheir own learning. professional practice.

5.4. Using the results of assessment to guide 6.4. Working with families to improve professionalinstruction, practice

5.5. Communicating with students, families and 6.5. Working cooperatively with colleagues toother audiences about student progress. improve professional practice.

5.6. Evidence of student progress towards the 6.6. Complies with district and school siteattainment of grade level academic standards established rules, regulations, policies,as evidenced by results from multiple measures contracts and laws.of_performance.

106


July 1, 2013 to June 30, 2010

AppendixH

Final Report Peer Assistance Report to Joint Panel

Consulting Teacher:

__________

Referred Participating Teacher:

Dates Hours Topic/ActivitySpent

Consulting Teacher’s Signature Date

Referred Participating Teacher’s Signature Date

107


Collective Bargaining AgreementJuly 1,2013 to June 30,2016

Appendix I

INSURANCE COMMITTEE RESPONSIBILITIES AND PROCESSES

I. The Insurance Committee shall consist of three (3) HTA representatives appointed bythe HTA President and two (2) District representatives appointed by the Superintendent.The Insurance Committee shall meet at least quarterly and shall be responsible for:

(A) Selecting Co-Chairs that consist of one representative from HTA and onerepresentative from the District. The Co-Chairs shall jointly create the agenda forall Insurance Committee meetings.

(B) Reviewing all expenditures from the HTA Holding Account to confirmthat the funds are being used in accordance with the Agreement and with theterms of the Plan.

(C) Reviewing the results of the annual audit and actuarial study of the HTAHolding Account.

(D) Reviewing the Benefit Plan Budget, and make recommendations to theSuperintendent and HTA Executive Board on adjustments to be made to unitmembers’ monthly contributions.

(B) Making recommendations to the HTA Executive Board as to the choice ofcarriers, plan designs and cost containment suggestions associated with majormedical, dental, vision, life insurance and voluntary products. Allrecommendations are subject to approval by the HTA Representative Counciland/or HTA membership. Once approved, HTA Executive Board will forward therecommendation (s) to the Superintendent.

(F) Reviewing and making recommendations to the Superintendent and HTAExecutive Board as to the use of HTA’s waive dollars (the negotiated CAPamount that the District contributes to the HTA Holding Account for allemployees who opt out of District offered benefits) to offset the costs of all healthand welfare expenditures.

(0) Ensuring that any plan design that is recommended by the InsuranceCommittee shall be compliant with all applicable laws and shall not cost theDistrict any money that has not been negotiated.

(H) Conducting a request in conjunction with the Purchasing Department to doa Request for Proposal (RFP) at least once every three years for all brokerservices that are related to Health and Welfare benefits, including major medical,dental, and vision, life insurance and voluntary products. The Purchasing

108

Bernet Unified School District & Hornet Teachers Association, CTA-NEA


Department’s RFP shall be based entirely on the criteria set forth by thecommittee.

(I) Develop a set of criteria for each RFP. The Committee shall interview allresponsible and responsive selected candidates and make a recommendation to theSuperintendent and HTA Executive Board as to their choice of broker/JPA. TheSuperintendent will verify that the standard protocol for RFPs has been followedby the Purchasing Department. After verification that the process has beenfollowed, the Superintendent will refer the agreement for broker services to theHUSD Governing Board for approval.

109

Hornet Unified School District & Hornet Teachers Association, CTA-NEACollective Bargaining Agreement

July 1, 2013 to June 30, 2016

AppendixJ

AGREEMENT FOR HOLDING ACCOUNT FOR HEMET TEACHERSASSOCIATION HEALTH PLAN FUNDS

This Agreement for a Holding Account for HTA Health Plan Funds is entered into on May28, 2013, by and between the Hemet Unified School District (The District) and theHemet Teachers Association (HTA) regarding the use and maintenance of the Districtand employee contributions to the Hemet Unified School District Health Plan (the Plan).It is the intent of the parties that this account is operated by the District in trust for HTA.

Now therefore the PARTIES agree to form an HTA Holding Account in the District’sGeneral Fund (Fund 03) under a separate resource code to help maintain accountability,management and control of HTA’s Health Plan funds. The District shall establish aseparate resource code for HTA Active employees and a separate resource code for HTARetirees who are covered by the District’s Health Plan.

Whereas the District and HTA agreed on May 27, 2003 that the District would establish aseparate account (Holding Account) for the management and control of HTA benefitplan activities, AND

Whereas the District and HTA also agreed the Holding Account shall be administered bythe Insurance Committee which consists of three (3) HTA representatives appointed bythe HTA President and two (2) District representatives appointed by the Superintendent.

The parties hereby agree as follows:

1. HTA Holding Account: The District shall establish and maintain a separateaccount (in General Fund, Fund 03) in which all District and employeecontributions to the Plan, as described in section 4, below and including, but notlimited to, all stop-loss recoveries relating to the Plan, rebates, interest income,overages, and gratuities shall be deposited. The payment of all Plan expenses asauthorized under the Plan, including, but not limited to, any administrativeexpenses, operating expenses, insurance premiums and/or expenses relating tohealth and welfare claims made under the Plan, shall be made from the HTAHolding Account. The District agrees it shall not use any of the funds in the Fund03 including any interest income or stop-loss recoveries, rebates, overages, andgratuities for any purpose other than to pay Plan expenses under the terms ofthe Plan. When the Plan is terminated, Fund 03 Holding Account shall be usedby HTA for the benefit of certificated bargaining unit members.

110


July 1, 2013 to June 30, 2016

2. Definitions:

(A) Fiscal Year: The fiscal year of the District is from July 1 through June 30.

(B) Benefit Plan Budget: The Benefit Plan Budget is an annual budget to beprepared by the Plan Administrator in May of each year for the followingPlan year commencing July 1, which shall include budgeted costs for coveredhealth and welfare claims under the Plan and other Plan expenses.

(C) Insurance Committee: The Health Benefit Insurance Committee shall consistof three (3) HTA representatives appointed by the HTA President and two (2)District representatives appointed by the District Superintendent.

3. Term of Agreement: This Agreement shall commence effective as of the dateset forth above and shall continue in effect until terminated in accordance withthe bargaining process as outlined under the Educational Employment RelationsAct (EERA).

4. Contributions to HTA Trust Holding Account Fund 03: During the term of thisAgreement, the contributions to the HTA Trust Account Fund 03 shall be asfollows:

(A) District Contributions: Commencing on July 1, 2013, the District shall makeequal contributions on a tenthly basis to the HTA Holding Account in anamount up to the negotiated annual District contribution for each full timeunit member. The District shall also contribute a pro-rata amount for part-time salaried unit members who participate in the Plan, on the basis of thepart-time unit member’s percentage of full-time employment. Forsubsequent fiscal years, the amount of the District contribution may beamended to account for any changes made under the collective bargainingprocess.

(B) Employee Contributions: Commending on July 1, 2013 each District unitmember employee participating in the Plan shall make a contribution on atenthly basis. Part-time salaried unit members who participate in the Planshall contribute the difference between the District’s pro-rata contributionand what would be the combined District and participant contribution werethe part-time unit member a full-time employee participating in the Plan.For subsequent fiscal years, the amount of each participating employee’s

111


July 1, 2018 to June 30, 2016

contribution shall be determined through the collective bargaining process,after both the District and HTA review of the Benefit Plan Budget and takeinto account recommendations by the Insurance Committee.

5. Health Benefit Insurance Committee Responsibilities: The InsuranceCommittee shall meet at least quarterly and shall be responsible for: SeeAppendix I.

6. District reporting of HTA Health and Welfare Holding Account Fund:

(A) The balance of the HTA H&W Holding Account shall be reported separatelyin Interim Reports and the Unaudited Actuals Report under ‘OtherAssignments’ area in the Fund Balance section of the SACS Form 01. Aprojected ending balance shall be reported in the same section of SACS Form01 in the Estimated Actuals Report along with the projected beginningbalance in the annual Budget Report.

(B) The new funding lines that shall be used are: 03-771-0091 for all benefits forHTA Active members and the prescription plan for Retirees, Account 68-771-0099 will be used for all other Retiree Benefits.

On July 1, 2013 remaining funds in ‘Fund 67’ shall be transferred to Fund 03-771-0091for HTA Active members and Retirees.

(C) Starting July 1, 2013:

Each month when payroll runs, a check payable to 11USD shall be generatedfor the employee’s portion of the monthly health and welfare premiums.This check shall be deposited into Fund 03-771-0091.

Each month when insurance premium invoices are paid, the Districtcontribution shall be automatically generated during the health and welfarebilling process and shall be paid directly to the vendor. The employee’sportion shall be added to the District’s contribution to make the paymentfull.

Each month when payroll runs, the District shall deposit into Fund 03-771-0091 the negotiated monthly costs of the health and welfare benefit plan forall full-time unit members who waive (opt-out) of their benefits. The Districtshall also deposit into Fund 03-771-0091 the negotiated pro-rata monthly

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July 1, 2013 to June 30, 2016

amounts for all part-time unit members who waive (opt-out) of theirbenefits.

Each month Retiree premiums shall be deposited into Fund 68-771-0099 asreceived to cover the Retiree’s portion of the premium. Each month theDistrict portion (OPEB) shall be deposited into Fund 68-771-0099 during thebilling process to cover its portion of the premiums. Each month wheninsurance bills are processed for Retirees, the District portion and the Retireeportion shall be paid directly from Fund 68-771-0099 to the vendor. Anyoverage amounts shall be transferred into Fund 03-771-0091.

This is the current process as of January 28, 2014. This process is subject tochange due to accounting, billing, state and/or federally mandatedrequirements. HTA will be notified of any changes within three (3) workingdays.

7. District Responsibilities: The District shall be responsible for:

(A) Preparing and submitting monthly (or tenthly) reports to the InsuranceCommittee which reflect the current employees who are covered under thePlan.

(B) Providing the Insurance Committee with all information reasonablynecessary for the Insurance Committee to determine that the Fund 03Holding Account is being used in accordance with this Agreement and for theInsurance Committee to adequately perform its duties under this Agreement.

(C) Ensuring that the HTA Holding Account shall be subject to an annual audit, tobe performed by the District’s auditors as part of the District’s annual audit.

(D) Ensuring that the HTA Insurance Committee shall receive actuarial studieswhen requested.

113


July 1, 2013 to June 30, 2016

INDEX

I A

abandonment of positionABSENCE TO ATTEND MEETINGS

civic responsibilitiesmembership fees or duesprofessional educational organizationsreimbursement of expensesrelated to assignments

abuse of school personnel, reportingAd Hoc CommitteeAdoptive LeaveAdult Education Sick LeaveAdult Education Teachers

Necessary AttendanceOn Site Timeworkhours

advancement on salary schedulecourseworkprofessional growth

after school duty schedule, classroom teachersafter school duty, waiver of 15agendas, governing board, Association rights 7AGREEMENT I

amending, District rights 6calendars, negotiationscopy of 2effective datesinitial proposalinvalid section, part, term, provision 76terms of 1

announcements at faculty meetings, Associationrights 6

Anthem Blue Cross 99approval of coursework 26arbitration, grievance 11—12assault or battery upon school personnel,

reporting 50assignment preferences 36Association business 6

Association duesAssociation representation, grievanceASSOCIATION RIGHTS

47 authorization for deduction of dues, fees,77 assessments78 automatic payroll deduction787877 P B

77 before school duty schedule, classroom teachers5038 Benefits, Health and Welfare48 Bereavement Leave41 budget, District rights17 bulletin boards, Association rights 6171717

N C I25 calendar, negotiations25 calendar, year round education27 California Standards for the Teaching12 Profession

Care MarkCatastrophic Leave 48CERTIFICATED DISCIPLINE PROCEDURE

71, 62—73changes in law 73District Rights 73negotiations 73right to representation 73

civic responsibilities 78CLASS SIZE 53CLASSROOM TEACHER INSTRUCTIONAL

IMPROVEMENT PROGRAM 73Criteria for Nomination and Selection 74Grant Awards 76Grant Selection Committee 74Introduction 73

Classroom Teachers 12after school duty schedule 12before school duty schedule 12

2-496

23

1222, 99

41

I39

55, 57, 10699


July 1, 2013 to June 30, 2016

INDEX

conferencesduty minutesextended day scheduleshours of employmentlunch periodprogram assignmentsrecess supervisionworkdayworkweek

insuranceJoint (PAR)Safety

communication, emergency situationscommunications to teachers, Associationcommunications with off track teachersCompensation for Involuntary TransfersCOMPLAINT PROCEDURE 59,

administrator’s response to complaintattempt to discuss complaint with employeeday definedgrievance proceduremeeting between complainantpersonnel file, documents inprior to filing a complaintregarding a unit memberrelease time to review/respondreport to unit memberrequest for Governing Board reviewright of employee to appeal to Superintendentright to hearing in open sessionright to representationsite administrator as intermediarywritten complaintwritten complaint, copy to employee

22 Course Work62 Course Work Approval51 advancement on salary schedule

approved activitiesbanking units/hoursemployees responsibilitytiling creditsfiling timelinesofficial transcriptsretroactive credit

61 curriculum, District rights61 Custodial Assistance60 transfers60 year round education595961

8177, 76—77

5366—69

392922

185925262527272626262627

S382

38

99

387

715243

4

13 COMPLETION OF MEET AND13, 14 NEGOTIATION

13 CONCERTED ACTIVITIES(2 conferences13 classroom teachers 1313 grievances 914 pre-evaluation 5612 confidentiality requirement, student information12

workyear 12 Consulting Teacherscoaching assignments 36 contract out work, District rightscollege teaching experience 24 contract year, modificationscombination classes, grade levels 54 Contracts and Notice of Employmentcommittees costs, health and welfare benefits

Ad Hoc, year round education 38 counselorsGrant Selection, Instructional Improvement Grant assignment at more than 2 sites

74 evaluations

51rights 6

10234

55—596059

and employee

II 0

59 Delta Dental6 I demotion, District rights61 Designation of Year-Round Schools6 I directory of employees, Association rights60 discipline procedures60 certificated60 student60 discretionary leave

Disputes involving Article 3, membership

II


July 1, 2013 to June 30, 2016

INDEXDistrict managementDistrict powers of directionDistrict powers provided by lawDistrict Reorganization

change in grade level configurationmeeting with impacted staffopening new schoolsvoluntary transfer requestswork calendar changes, voluntary transferyear round calendar

DISTRICT RIGHTScertificated discipline procedurehealth exam of employee

duesDuty Minutes

classroom teacherselementary music teacherselementary physical education teacherselementary teachers, grades 1-3elementary teachers, grades 4-8field trip dayskindergarten teachersmiddle school teachers, grades 6-8secondary teachers, grades 9-12

II E

Early Retirementmedical insurance 22

educational goats, policies, objectives, DistrictRights 5

EFFECT OF AGREEMENT; ENTIREAGREEMENT 78

elementaryclass staffing ratio 54music teacher, duty minutes 15physical education teachers, duty minutes 15planning time teachers 15planning time teachers, middle school schedule 15preparation periods 16teachers, grades 1-3, duty minutes 14teachers, grades 4-8, duty minutes 14

Elementary Extra Duty Positions 29

emergency situations, communicationemergency, cases of, District rightsemergency, determination of, District rightsEMPLOYEE EVALUATION AND

OBSERVATION PROCEDURESemployees with disabilitiesEmployment-Related Subpoena Leaveevaluating, District rightsevaluations

California Standards for the Teaching Profession15 57

change in conditions affecting elementsconference, pre-evaluationcounselorscurricular objectivesdefineddiscussion of evaluation, timelinedistribution of reportelements offinal evaluation timelineformal observationgoals and objectivesgrievances ofinstructional techniques, strategieslearning environmentnon-classroom teachernotice of first formal observationnotification ofobservationpermanent employeesprior noticeprobationary employeesprogress of pupilsrecommendations to improve performancetimelinesunsatisfactoryunsatisfactory rating

applying foreligibility forposting ofproposals for positionssharing/splitting positionsstipend

2—62—6

536—37

363636373736

4, 2—47340

2

13

29292929292951

56

557948

5

15141415141515

5656595756585856585656595757595657565556555756585558

III


July 1,2013 to June 30, 2016

INDEXwritten reaction or response

exemption from service feeexperience, salary schedule advancementextended day schedules, classroom teachersExtended Illness LeaveExtra Duty Position

coaching assignmentsinterviewsposting of

general assessmentsgoals and objectivesgoverning board agendas, Association rightsgrade submission, secondary teachersGRTEVANCES

arbitrationcomplaint procedureconferencesday, definedDefinitionDistrict notificationevaluationsfilingforms, changinghearingsinvoluntary transferLevel ILevel II

release timeRepresentation by Associationrepresentative releaseresponse torights of employeetime limits

99costsDistrict contributionemployees on leave of absencepart-time salaried employees

healthcare, student, training inhearing, grievancehiring, District rightsHOURS OF EMPLOYMENT

counselorslibrariansnurses

2 psychologists56 speech therapists

7 HTA business, use of Wednesdays

61 immediate family, defined9 individual staff development activities,8 professional growth8 Industrial Illness and Accident Leave9 initiation fees

59 instructional assistance, kindergartenInstructional Improvement Grant

9 award of funds9 nomination and selection criteria

34 selection committee10 insurance committee10 intent to return to employment

Level 111Level IVPurpose

584

251345

35—36363635

10II8999989.r

p HF

facilities, District rights 5faculty meetings 16faculty meetings, announcements during,

Association rights 6Family and Medical Leave Act of 1993 100Family Care and Medical Leave 48field trip days, duty minutes 15Final Report Peer Assistance Report to Joint

Panel 107Flexible Benefit Plans 99

p G

HEALTH AND WELFARE BENEFITS 22-23,

47

529

12—1916161616167

188—12

II L I

of resolution

9—11

41

2844

2teachers 18

737674742247

Iv


July 1, 2013 to June 30, 2016

INDEXinterviews, extra duty positionsInvoluntary ReassignmentsInvoluntary Transfer

compensationcustodial assistanceeffective date, notice offuture request for voluntary transfergrievancesnotification oftiming of

IRC 125 Plan

Joint Committee 62Jury Duty 47

jury fees, remitting to district 47mileage reimbursement 47release time and sub for extended service 47

KKaiser 99Kindergarten Teachers 18

duty minutes 14instructional assistance 18lunch duty 18supervision of students 18

N L

lawsuits involving organizational security 4LEAVES 39

abandonment of position 47accident involving employee’s propertyadoption of childadoptiveappearance in courtbereavementbirth of childcare for member of immediate familychild rearingdeath of member of immediate family

discretionaryeducational research or travelemployment related subpoenaextended illnessFamily and Medical Leave ActFamily Care and Medical Leavehealth and welfare benefitsimmediate family, definedimminent danger to the homeindustrial illness and accidentintent to return to employmentjury dutylong term illness of the unit membermaternityparticipation in school activities of childpersonal necessitypersonal reasonsprofessional studyreasons of healthreemployment listserious illness of member of immediate family 42service in an elected public office 46sick leavewithout compensation

Leaves of Absence for Personal Reasonsliability, protection for employeeslibrarians, hours of workLife InsuranceLOTTERY REVENUE

allocation ofdecision making process, involvement of unit

membersexpenditure at individual worksitesuse of funds

42 lunch duty, kindergarten teachers42 lunch period, classroom teachers

I M II42 mail service, use of, Association rights46 materials storage, year round education46 Maternity Leave42 meet and negotiation process

36343234

33, 38333234323323

43464845

100484741424447474646434246464646

3946465216997676

7676761813

484241

63946

1,81

V


July 1, 2013 to June 30, 2016

INDEXmembership duesMetLife-Safeguardmiddle school teachers

grades 6-8, duty minutesmileage reimbursement for jury dutyMilitary Leavemisapplicationlmisinterpretation of

Agreement, grievanceModifications to Regular Contract Yearmodifying Agreement policies and practices,

District rights

II N

National Board for Professional TeachingStandards Certification Stipend 29

necessary attendance, adult education teachersl7negotiations

certificated discipline procedure 73New Teachers 18

orientation 18orientation rate of pay 18

non-classroom teacher evaluations 59NONDISCRIMINATION 79

interpretation 79reasonable accommodation 79waiver of contractual rights 80

nonmembers service fee 3notice of employment 29notices of Association activities, posting 6notification of grievance resolution to

Association 9notification of student suspension or expulsion 53nurses, hours of work 16

II 0 IIobservation procedures

notice of first formalobservation reportwritten reportwritten report, right to rebut

off track teachers, communication with

2 official transcripts, course work approval99 on site time, adult education teachers

open house activities15 ORGANIZATIONAL SECURITY47 orientation, new teachers50

8D

39 parent conferences 16parent-teacher meetings 16

6 partial assignments, secondary teachers 19Participating Teacher 64—66

Referred Participating Teacher 64Volunteer Participating Teacher 65

payroll deduction, dues, fees, assessments 2Payroll StatemenUStub 29PEER ASSISTANCE AND REVIEW (PAR) 62

budget priorities and considerations 69Consulting Teacher 66

application for 66assistance to participating teachers 67compensation 67defined 66flexibility of schedule 67hold harmless 69meeting with referred participating teacher 67monitoring of progress of referred participating

teacher 68qualifications ofrelease timerights of bargaining unit membersselection and approval

Joint Committeehold harmless

Participating Teachersinservice/training opportunities

program amendmentsreferral toReferred Participating Teacher

assignment to consulting teacherdefinedidentification of 64right to representation 66, 68

261716

218

66676767626964697058

64, 666564

56575758

102

VI


July 1, 2013 to June 30, 2016

INDEXteacher evaluation based upon pupil progressVolunteer Participating Teacher

assignment to consulting teachercommunication with consulting teacherdefined

Peer Assistance Reportpersonal leaves without compensationpersonal liability for employeesPersonal Necessity Leaveplanning time teachers

elementary schedulemiddle school schedule

posting notices of Association activitiesposting of extra duty assignmentspowers of direction, District rightspreparation periods

delivery plan during parent conferenceselementary teacherselementary teachers, grades 1-8

preparation time equalization, parentconferences

preschool SDCPrivate School Experienceprofessional educational organizations,

leadership rolesProfessional Growth Increments

advancement on salary scheduleapproval by administratorapproved activitiesbanking units or hourscompensation time, use ofindividual staff development activitiesofficial transcriptsretroactive creditsalary schedule advancementstaff development activities

professional organization, payment of dues ormembership fees

program assignments, classroom teacherspromotion, District rightspsychologist

hours of work

II R

Reasonable Accommodation 79lack of viable alternative 80meet and negotiate 80notification to Association 80obligation to accept 80waiver of term or condition of Agreement 80

recess supervision, classroom teachers 14RECOGNITION 2Recognition of Previous Experience 23Reemployment of Former Employees 28Referred Participating Teacher 64release time, grievance hearing or conference 9release time, HTA president 7religious belief, as reason for non-membership 3reporting

abuse of school personnelassault or battery upon school personnelthreat of force or violence

17 unsafe conditions20 representation, grievance24 representatives, duty and obligation of

requirement, confidentiality78 rescinding Agreement policies and practices,26 District rights27 response to evaluation27 responsibility for student safety27 retirement plans27 medical insurance28 revenue, District rights28 right to suspend students26 rights of employee, grievances27 Rodda Act

S

safe working environment 50Safety Committee 51SAFETY CONDITIONS 50safety standards 50

compliance with 50SALARIES 23

VII

6965656565

1074652421515IS6

354, 2—6

14171614

50505050

97753

65852

77

552

81

2727

7813

5

16



INDEXsalary schedule advancement 25

experience 25professional growth 27year round education 38

salary schedule placementcollege teaching experience 24previous teaching experience 23private school experience 24vocational experience 24year of service defined 25

SAVINGS 76secondary teachers 18

grade suhmission 18grades 9-12, duty minutes 15parent/teacher programs IS

Section 125 99security provisions, organizational 4seniority, transfers and reassignments 31service fee

exemption from 4nonmembers 3

Shared Certificated Contracts 19definition 19developing an instructional plan 19elementary teachers 19locating a partner 19responsibilities of teachers 19review and recommendation to Governing Board

salary and benefitssecondary teachers

Sick LeaveAdult Education teachersDistrict right to require examfull-time employeespart-time employeesproof of illnesssummer school teachers

specialized health care services, studentsspeech therapist, hours of workstaff development activitiesstaff reductions, one sixth assignmentstaffing

combination classeselementary physical education classesmusic classesphysical education classes, CSR

staffing patterns, District rightsstaffing ratio

elementary classStandards for the Teaching Professionstipends

NBPTS certificationstudent

discipline procedures, copy ofexpulsion, notification ofsafety, responsibility forsuspension ofsuspension, notification of

subpoena, employment relatedsubstituting,year round teachersSummer School Sick Leavesupervision

duty limitsKindergarten teachersstudent activitiesstudents

suspending students

VIII

54545454

55354

106

29

5253525253483940

1318161352

1919193941404040404052162734

T

teacher mailboxes, use of, Association rights 6termination, District rights 5threat of force or violence, reporting 50time limits, grievances 9TRANSFER AND REASSIGNMENT OF

PERSONNEL 30acknowledgement in writing 31changes in assignment 31denial of teacher initiated request 31District Reorganization 36expiration of transfer requests 32interview 31Involuntary Reassignments 34Involuntary Transfer 32notification of decision 31



INDEXrequests forseniorityTeacher Initiated Requesttransfer request formsvacancy postingsVoluntary Reassignmentyear round education

transporting students in private vehicles

unsafe conditions, reporting ofuse of District mail service, Association rightsuse of private vehicle, transporting studentsuse of teacher mailboxes, Association rights

waiver of after school dutyWednesdays, Association rights

31 Western Center Academywork calendar changes, voluntary transfer

30 workday37 classroom teachers30 regular certiFicated employee35 year round education38 workhours52 adult education teachers

31

Workweekclassroom teachers 12

workyearclassroom teachers 12

N V

Year of Service Definedyear round calendar, 2001-2002YEAR-ROUND EDUCATION

Ad Hoc Committeecalendarcommunication with off track teacherscustodial assistanceDesignation of Year-Round Schoolsmaterials storagenotice of discontinuancesalary advancementsubstitutingtransfer and reassignmentsvacanciesworkdays, teachers

i U I

2137

128

39

17

506

526

N V IIvacancies at year round schools 102violation of agreement, grievance 8Vision Service Plan 99Vocational Experience 24Voluntary Reassignments 35voluntary transfer 30

district reorganization 37Volunteer Participating Teacher 65

w

25104383839

1023838393938393

1023915

7

Ix

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