Agreement between the
SANTA BARBARA UNIFIED SCHOOL DISTRICT
and the
SANTA BARBARA TEACHERS ASSOCIATION
CTA/NEA
2018 - 2021
SANTA BARBARA UNIFIED SCHOOL DISTRICT
BOARD OF TRUSTEES
Jacqueline Reid, PhD President
Wendy Sims-Moten Vice President
Laura Capps Member
Ismael Paredes Ulloa Member
Kate Parker Member
SUPERINTENDENT OF SCHOOLS
Cary Matsuoka
NEGOTIATING TEAMS
MANAGEMENT TEAM SANTA BARBARA TEACHERS ASSOCIATION
Cary Matsuoka Helen Murdoch
Shawn Carey Derek Drew
Meg Jette Hozby Galindo
Raul Ramirez Jennifer Hardin Capshaw
Todd Ryckman Gretchen Hess
Ann Peak Lisa Minotto
Christy Bazemore Cindy Heller
Elise Simmons
INDEX
Article Page
I. Preamble 1
II. Recognition 1
III. Rights and Obligations of Parties 1
IV. Wages 4
V. Health and Welfare Benefits 5
VI. Hours/Conditions 7
VII. Transfer and Reassignment Policy 26
VIII. Evaluation Procedure 30
IX. Special Needs Students 39
X. Class Size 40
XI. Leaves 34
XII. Grievance Procedure 56
XIII. Safety 59
XIV. Public Charges 60
XV. Personnel Files 61
XVI. Resignations 62
XVII. Term and Effect of Agreement 62
XVIII. Savings Clause 64
Exhibit
A. Unit Description 65
B. Salary Schedules 66
C. Salary Schedules – Early Childhood and After School Expanded Learning 73
D. Co-Curricular Activities 75
E. Request for a Contract Waiver 78
F. PLC Information
1
ARTICLE I
PREAMBLE
1
2
This Agreement is made and entered into by and between the Santa Barbara Unified
3
School District, and their Board of Trustees, hereinafter referred to as “District”, and the
4
Santa Barbara Teachers Association, an affiliate of CTA/NEA, hereinafter referred to as
5
“Association or SBTA.”
6
7
Section 2. Purpose
8
This Agreement is entered into pursuant to Chapter 10.7, Section 3540 et seq. of the
9
Government Code.
10
11
ARTICLE II
12
RECOGNITION
13
14
The District hereby acknowledges that the Association is the exclusive representative for
15
employees holding those positions described in Exhibit “A”, which is attached hereto and
16
incorporated herein by reference as a part of this Agreement.
17
18
ARTICLE III
19
RIGHTS AND OBLIGATIONS OF PARTIES
20
21
Section 1. Association
22
1.1 All Association business and activities will be conducted pursuant to the
23
standards of conduct established by PERB. Association representatives shall have
24
reasonable access to employees and shall, prior to contacting a unit member, make
25
their presence on the site known to the site administrator or the site office. The
26
conduct of Association business and activities will not interfere with the school
27
program or school duties of unit members.
28
1.2 The Association may use District designated bulletin boards at each school site
29
for the purpose of communicating usual and regular Association business to unit
30
employees. Only materials authorized by the Association president or his/her
31
2
designee shall be posted. A courtesy copy of such posting shall be provided to the
1
site administrator or the superintendent at the time of the posting.
2
1.3 The Association may continue to use the District mail in accordance with past
3
practice.
4
1.4 The District shall provide the Association with a list of unit employees,
5
indicating names and work locations, on or about each November 1st during the
6
term hereof.
7
1.5 SBTA will be given 30 minutes to meet with new teachers during orientation at
8
a time that is mutually agreed upon by both parties.
9
1.6 The District will deduct from the pay of Association members and pay to the
10
Association the normal and regular monthly membership dues as voluntarily
11
authorized in writing by the employee on the District form subject to the following
12
conditions:
13
1.6.1 Such deduction shall be made only upon submission on a District
14
approved form of a duly executed and revocable authorization by the
15
employee.
16
1.6.2 The District shall not be obligated to put into effect any new, changed,
17
or discontinued deduction until the pay period commencing fifteen (15) days
18
or more after such submission.
19
1.6.3 Any changes in deductions hereunder during the term of this
20
Agreement shall be made pursuant to employee authorization. Where such
21
changes are requested for Association members generally, the Association
22
will reimburse the District for reasonable administrative costs incurred.
23
1.6.4 Any employee who is a member of the Association at the beginning of
24
the CTA fiscal year (September - August) shall maintain such membership for
25
the remainder of that fiscal year.
26
1.7 The President of the Santa Barbara Teachers Association can take up to
27
100% release time to conduct the employer/employee relations between the District
28
and the Santa Barbara Teachers Association. The District and SBTA will agree to an
29
annual Memorandum of Understanding (MOU) as to the percentage the District will
30
fund to include the President’s salary and benefits. The District will fund 40%, which
31
will include the President’s salary and benefits.
32
33
3
Section 2. District
1
The District, acting through its governing board or management officials, has and will
2
continue to retain, whether exercised or not, the exclusive decision making authority to
3
manage and administer the District’s services and work force performing those services in
4
all respects except as expressly and lawfully modified by specific provisions of the
5
Agreement. Such exclusive authority includes, but is not limited to, such exclusive rights
6
as: determining its organization and the kinds, levels, standards, and manner of providing
7
services to the community, and through its governing board and management officials to
8
exercise control and discretion over its organization and operations; to establish and effect
9
Administrative Regulations and employment rules and regulations consistent with law and
10
the specific provisions of this Agreement; to direct its employees, take disciplinary action for
11
just cause, relieve its employees from duty for legitimate reasons, and determine the
12
methods, means, and the number and kinds of personnel by which the District’s services
13
are to be provided; including the right to schedule and assign work and to otherwise act in
14
the interest of efficient service to the community. Neither the District nor any agent of the
15
District, shall, in the exercise of the District’s rights and responsibilities, act in a manner,
16
which is arbitrary, capricious or punitive.
17
18
Section 3. Employees
19
3.1 The District and Association recognize the right of employees to form, join, and
20
participate in lawful activities of the Association and other employee organizations,
21
and the equal alternative right of employees to refuse to form, join, or participate in
22
employee organization activities.
23
3.2 The District will not discipline any employee without good cause and without
24
due process.
25
3.3 Within laws, regulations and guidelines of the state of California, employees
26
shall have freedom to express opinions in a balanced and objective manner on
27
matters relevant to the course content, school site mission and District mission.
28
3.4 Pursuant to the provisions of the Americans with Disabilities Act, the District
29
shall provide reasonable accommodations to qualified unit members. Unit members
30
seeking accommodations may represent themselves in discussions with the District
31
regarding an accommodation.
32
33
4
3.4.1 The District shall not violate or change this Agreement as part of the
1
accommodation plan.
2
3.5 The District shall not discriminate because of actual or perceived race, ancestry,
3
color, national origin, religious creed, sex, sexual orientation, genetic information,
4
genetic expression, age, mental/physical disability (including AIDS), medical
5
condition, pregnancy, genetic information, veteran status, gender, gender identity,
6
gender expression, marital status, economic status, political affiliation, membership
7
in an employee organization, participation in the activities of an employee
8
organization, union affiliation, or exercise of the rights contained in this Agreement.
9
10
ARTICLE IV
11
WAGES
12
13
Section 1. General
14
1.1 Salary Schedules I and II will read as reflected by Exhibit “B”, “B-1”, “B-2”, “B-
15
3”, “B-4”, “B-5”, “B-6”, “B-7”, “B-8”, “B-9”, “B-10”, “B-11”, “B-12”, “B-13”, “B-14”, “C”
16
and “C-1”, attached to the current Agreement between the Districts and the S.B.T.A.
17
The co-curricular activity schedule will read as reflected by Exhibit “D” and attached
18
to the current Agreement between the District and the S.B.T.A.
19
20
Section 2. Early Childhood Education and CalSAFE
21
The wages for Early Childhood Education and CalSAFE employees shall be
22
determined according to Salary Schedule C-1, Early Childhood Education
23
Certificated Personnel. Early Childhood Education unit employees shall be
24
compensated at a rate of 185/225 of placement on Salary Schedule C-1. CalSAFE
25
unit employees shall be compensated at a rate of 185 of placement on Salary
26
Schedule C-1.
27
28
Section 3. Co-Curricular
29
Such co-curricular activities as offered will be compensated in accordance with the
30
schedule set forth in Exhibit “D”, attached hereto and made a part hereof, increased
31
as provided in Section 1 above.
32
33
5
Section 4. Mileage Reimbursement
1
When unit employees are requested and assigned by the District to drive their own
2
vehicles in performing their assigned official duties, and they do so using their own
3
vehicles in traveling directly and uninterruptedly between assigned work locations,
4
they shall be compensated therefore based on the IRS rate when such claim is duly
5
filed in accordance with District procedure.
6
7
ARTICLE V
8
HEALTH & WELFARE BENEFITS
9
10
Section 1. Regular Unit Employees
11
1.1 The District shall contract for medical insurance for those full-time unit
12
employees and for their qualified dependents and their qualified domestic
13
partners and their dependents.
14
1.2 The District shall continue to contract for dental insurance for the full-time unit
15
employee only, which will provide the current level of benefits. The District’s
16
annual contribution shall be three hundred eighty eight dollars and seventy
17
cents ($388.70). The employee may pay the additional premium for dependent
18
coverage through payroll deduction.
19
1.3 The District shall continue to contract and pay for the existing life insurance
20
benefits for full-time unit employees
21
1.4 The District shall continue to contract for the existing vision benefit for full-time
22
unit employees and for their qualified dependents and their qualified registered
23
domestic partners and their dependents. The District’s annual contribution shall
24
be one hundred thirty-three dollars and fifty cents ($133.50) Vision insurance
25
benefit is only available to employees and their qualified dependents who are
26
enrolled in medical insurance.
27
1.5 For single employees, the District will pay an annual contribution for medical
28
benefit premiums of three thousand one hundred seventy four ($3,174); for an
29
employee plus one, the annual contribution for medical benefit premiums will
30
be six thousand eight hundred and eight ($6,808); and for an employee plus
31
two or more, the contribution for medical benefit premiums will be ($10,544).
32
The District’s contribution for the benefit programs set forth in sections 1.1, 1.2,
33
6
1.4 and in this section shall be increased to specific higher dollar figure to
1
reflect any premium costs up to a maximum amount equaling a one (1%)
2
increase over the premium costs as of July 1, 2015. In the event the increase
3
exceeds one (1%), the amount shall be negotiated between the parties.
4
1.6 Qualified employees working at least fifty percent (50%) of the normal work
5
day, but less than full time, shall have District paid premiums for the coverage
6
set forth in 1.1, 1.2, and 1.4 prorated on the percentage of time worked. The
7
District shall pay the percentage of premium equal to the percentage of the
8
normal work day scheduled for the employee, provided that the employee
9
elects to pay the balance of such premium cost.
10
1.5 District employees who are married to District employees may not elect to be
11
the primary insured on a District contracted medical insurance plan and, at the
12
same time, be covered as a dependent on another District contracted medical
13
insurance plan. Employees who elect dependent coverage on the plan of their
14
spouse can not be the primary insured on their own plan. Eligible dependent
15
children may be covered by either spouse’s plan, but may not be covered
16
under two plans.
17
1.8 Medical, dental, vision and life insurance benefits will be effective the first of the
18
month following thirty (30) calendar days after the hire date.
19
20
Section 2. Retired Unit Employees
21
2.1 Regularly permanent full-time unit employees who retire between the age of
22
fifty-five (55) and sixty-five (65) and have ten (10) or more years of service with the
23
Districts, shall be paid by the District the premium cost for medical coverage (as
24
described in 1.1) for the employee only (excluding dependents) up to a maximum of
25
one thousand dollars ($1,000) per year until age sixty-five. Unit employees
26
employed prior to October 7, 1982, as a regular permanent full-time unit employees
27
who have rendered twenty (20) years or more of full-time service with the District at
28
the time of retirement shall be paid the following after age sixty-five (65): the
29
premium cost for medical coverage (as described in 1.1) for the employee only
30
(excluding dependents) up to a maximum of five hundred dollars ($500) per year.
31
7
2.2 The benefit provided under 2.1 shall be subject to and offset by any medical
1
benefits to which the retired employee is otherwise entitled under any other public
2
program.
3
2.3 The District will continue its current practice of allowing retirees and surviving
4
spouses of retirees to purchase, at the retiree’s cost, the medical and dental
5
insurance provided under 1.1 1.2 and the vision insurance provided under 1.4.
6
2.4 The premium rates for retirees under 2.1, 2.2, and 2.3 will be determined by an
7
actuarial assessment based on retired unit members as a separate actuarial group.
8
9
ARTICLE VI
10
HOURS/CONDITIONS
11
12
Section 1. Hours of Work
13
1.1 The parties recognize that professional responsibilities of unit employees
14
include teaching; assessing; IEPs; lesson planning and preparation; grading and
15
record keeping; meeting with students, parents, and District personnel; improving
16
professional skills; and participating in adjunct duties incident to the Districts’
17
programs. The parties also recognize that the professional nature of these
18
responsibilities does not lend itself to a work day of rigidly established length.
19
1.2 Unit employees are each day to be at their work location thirty minutes prior to
20
the convening of the school day and are to spend a reasonable amount of time after
21
the close of the student school day to take care of student needs, attend scheduled
22
parent or administrative meetings, and participate in adjunct duties.
23
1.2.1 In the event that special circumstances (i.e. standardized testing) lead
24
the District or a site to temporarily change bell schedules, no part-time
25
employee shall be required to arrive earlier or remain later than they
26
would under the regular bell schedule.
27
1.3 Elementary Adjunct Duties: Employees will be required to attend one back to
28
school night and one open house and perform nine (9) hours of adjunct duties during
29
the school year. Adjunct duties will be limited to duties at a school site during the
30
school day and involving students. Said assignments will be equitably assigned.
31
Volunteers will be sought for any additional duties such as school
32
picnics/festivals/carnivals, car washes, talent shows, science fair, etc. Itinerant
33
8
employees, whose caseloads do not generate ADA, shall not be required to perform
1
any hours of adjunct duties.
2
1.4 Secondary Adjunct Duties: Employees will be required to attend one back to
3
school night and spring open house. Volunteers will be sought for any additional
4
duties.
5
1.5 Assignments of adjunct duties shall be scheduled so that teachers may plan
6
their instructional preparation activities to accommodate for them; and, except in
7
emergencies., such duties requiring an employee to remain at District facilities more
8
than seven and a half hours shall not be made less than five (5) school days prior to
9
such assignment.
10
1.6 Preparation Periods: Preparation and planning time shall be teacher directed.
11
Teachers will not be required to attend meetings or professional learning or be given
12
duties or assignments except in cases of emergencies or special circumstances.
13
1.6.1 High School unit members who normally work a school day of six
14
contiguous periods will have one period of the six for planning and
15
preparation.
16
1.6.1.1 Dos Pueblos High School unit members who normally work 3
17
school days of 6 contiguous periods and 2 school days of 3
18
contiguous periods will have one period 4 days per week for
19
planning and preparation. One of the 4 days will be within the 2
20
school days of 3 continguous periods. Unit members will
21
normally be provided with at least 264 minutes for planning and
22
preparation weekly.
23
Should 70% of Dos Pueblos unit members vote to return to a
24
traditional 6 contiguous periods for 5 days per week, the
25
language in Article VI Section 1.6.1.1 shall revert to the
26
language in Article VI Section 1.6.1
27
1.6.1.2 Wednesday late start mornings shall be teacher-directed prep
28
time.
29
1.6.2 Junior High School unit members who normally work a school day of
30
six contiguous periods will have one period of the six for planning and
31
preparation. If a junior high school chooses to go on a different
32
schedule (i.e. Block Schedule, etc.), the employee is entitled to the
33
9
equivalent number of preparation periods per week as the employee in
1
a regular track program.
2
1.6.2.1 Due to La Cumbre Junior High School’s large and
3
unduplicated pupil count percentage, on an isolated basis La
4
Cumbre Junior High School unit members may volunteer to
5
work a split shift consisting of 5 teaching periods, 1 preparation
6
period, and 1 non-duty period.
7
This language shall remain in effect as long as La Cumbre
8
Junior High School’s unduplicated pupil count percentage
9
remains above the unduplicated pupil count percentages of the
10
District’s other junior high schools. This schedule does not set
11
a precedent.
12
1.6.3 Unit members who normally work a block schedule of four contiguous
13
periods will have one period of the four for planning and preparation.
14
1.6.4 When changing bell schedules for the purpose of administering testing
15
(e.g. STAR testing and the High School Exit Exam), the District will make a
16
reasonable effort to maintain equitable planning and preparation time for
17
teachers within each school site.
18
1.7 Each elementary school shall be allocated substitute time sufficient to provide
19
each kindergarten through third grade classroom teacher with no less than one
20
hundred and forty-two (142) minutes of planning and preparation time, within the
21
student day, in each month except June and August, and each fourth through sixth
22
grade classroom teacher with no less than one hundred seventy (170) minutes of
23
planning and preparation time, within the student day, in each month except June
24
and August. Year-round schools will have the same amount of planning and
25
preparation time each month, except for June and July.
26
27
Should funding for class size reduction change, Article VI: Section 1.7 will remain
28
open to address potential changes to the instructional minute planning and
29
preparation time for TK-3 teachers.
30
1.7.1 Early Education and elementary school sites may schedule the
31
equivalent of one minimum day per month as determined by the site.
32
Additional time must be added to all other school days so that
33
10
instructional minutes for the year remain unchanged. This minimum
1
day is to be used by teachers for planning and preparation and shall
2
be teacher directed. Teachers will not be required to attend meetings
3
or professional learning nor be given duties or assignments during this
4
planning and preparation time. Teachers may choose to use the time
5
to collaboratively plan and meet. School sites may choose via secret
6
ballot to schedule one day per week with fewer instructional minutes
7
as determined by the site. This ballot shall be written by SBTA and the
8
administration and requires a 70% approval. If necessary, additional
9
time during this shorter day is to be used by teachers for planning and
10
preparation and shall be teacher directed.
11
1.8 A unit employee required to simultaneously manage his/her own class and
12
another teacher’s class shall receive additional pay at the hourly rate for each
13
hour of work or fraction thereof. This section shall not apply to situations in which
14
students are normally combined for classroom instruction and/or activities.
15
1.9 In the event it becomes necessary that an employee is required to substitute for
16
another unit employee during his/her preparation time, such employee, so assigned,
17
shall receive additional pay at the hourly rate for each hour of work or fraction
18
thereof.
19
1.10 Unit employees shall be entitled to a duty-free lunch period. The duty-free
20
lunch period shall be of the same approximate duration as the corresponding student
21
lunch period except when rainy weather or other operational circumstances makes
22
such impractical and in no event less than thirty (30) consecutive minutes.
23
1.11 No unit employee shall be restrained from taking a toilet break when necessary.
24
1.12 Support for New Teachers: Unit members who have not taught at least one
25
year in the last ten years, in or out of the Districts, shall be defined as new teachers.
26
The District will make every effort not to assign new teachers in grades K-6
27
combination classes.
28
29
Section 2. Work Year
30
2.1 The regular work year for unit employees regularly assigned to an Early
31
Childhood Education Program shall be no more than two hundred twenty-five (225)
32
days.
33
11
2.1.1 The regular work year for unit employees regularly assigned to a State
1
Preschool Program shall be no more than one hundred eighty-five (185) days.
2
2.2 The regular work year for unit employees hired as Speech Language
3
Pathologists after July 1, 2013, and currently employed Speech Language
4
Pathologists opting to work the new calendar, shall be two hundred (200) days. The
5
work calendar shall be coordinated in conjunction with the direct supervisor no later
6
than 30 days prior to the start of the 185 day calendar. If an agreement cannot be
7
reached on calendar, it can be appealed.
8
2.3 The regular work year for unit employees hired as School Psychologists shall be
9
two hundred (200) days. The work calendar shall be coordinated in conjunction with
10
the direct supervisor no later than 30 days prior to the start of the 185 day calendar.
11
If an agreement cannot be reached on calendar, it can be appealed.
12
2.4 The regular work year for other regular unit employees shall be no more than
13
one hundred eighty-five (185) days; except that in the case of new unit employees,
14
the regular work year shall be one hundred eighty-six (186) days. Of these work
15
days, one hundred eighty (180) shall be instructional days.
16
17
For the school years 2016-17 and 2017-18, professional development days shall be
18
added to the work year. These additional days shall be imbedded within the 180
19
student instructional days. The Teaching and Learning Advisory Council (TLAC) will
20
determine the content of these professional development days.
21
22
For the school year 2016-17, the regular work year for other regular unit employees
23
shall be one hundred eighty-seven (187) days; except that in the case of new unit
24
employees, the regular work year shall be one hundred eighty-eight (188) days. Of
25
these work days, one hundred eighty (180) shall be instructional days. For the
26
school year 2017-18, the regular work year for other regular unit employees shall be
27
no more than one hundred eighty-eight (188) days; except that in the case of new
28
unit employees, the regular work year shall be one hundred eighty-nine (189) days.,
29
Of these work days, one hundred eighty (180) shall be instructional days.
30
31
32
33
12
Section 3. Work Day
1
3.1 The student instructional minutes in a regular school day (which include
2
passing time and teacher preparation time, and exclude lunch and recess periods)
3
shall be as follows:
4
3.1.1 Kindergarten: Two hundred (265) instructional minutes.
5
3.1.1.1 The kindergarten teachers work day will be no longer than
6
teachers in grades 1-3.
7
3.1.2 Grades 1-3: Two hundred eighty-six (286) instructional minutes.
8
3.1.3 Grades 4-6: Three hundred and six (306) instructional minutes.
9
3.1.4 Grades 7 and 8: Three hundred twenty-five (325) instructional
10
minutes.
11
3.1.5 Grades 9-12: Three hundred sixty-five (365) instructional minutes.
12
3.1.6 La Cuesta Continuation High School and Alta Vista satellite
13
campuses: Two hundred seventy (270) instructional minutes.
14
3.1.7 Community Day School: by Ed. Code Statute, three hundred sixty
15
(360) instructional minutes.
16
3.1.8 Dos Pueblos High School and Santa Barbara High School: shall have
17
a daily average of three hundred sixty three (363) instructional
18
minutes. Unit members’ seminar assignments shall be mutually
19
agreed upon.
20
3.1.9 San Marcos High School shall have a daily average of three hundred
21
seventy seven (377) instructional minutes. Of these instructional
22
minutes, one hundred (100) minutes per week shall be intervention
23
instructional minutes. Unit members’ intervention assignments shall be
24
on a voluntary basis and mutually agreed upon. Should 70% of San
25
Marcos unit members vote to return to a block schedule of 4
26
contiguous periods (Article VI Section 1.6.3.) the language in Article VI
27
Section 3.1.9 shall revert to the language in Article VI Section 3.1.5.
28
29
Section 4: Kindergarten
30
4.1 Each kindergarten teacher will be provided appropriate instructional supplies
31
and materials necessary to furnish a single teacher room.
32
13
4.2 Kindergarten teachers shall be added to the provision under Article VI (Hours),
1
Section 1.8 which provides release time once a month as provided to first grade
2
teachers.
3
There shall be twenty six (26) student early release days. The first thirteen will
4
occur beginning the second day of the student school year. The last thirteen days
5
shall occur after winter recess. These early release days will be consecutive except
6
for early release days in which PLC work/staff meetings occur. How the additional
7
sixty-five (65) minutes in the afternoon are to be used will be determined at each site
8
jointly by the teachers at the site and the site principal.
9
10
Section 5: Calendar
11
The end of the semester/trimester no matter when it falls will be an early
12
release minimum day. Future calendar decisions shall be made by August 31,
13
one year prior to implementation. If no agreement is reached the current
14
calendar will be extended to the following year.
15
16
Section 6: Work Load (Secondary)
17
Courses with the same title regardless of the level of students (such as English
18
10 vs. English 10 Honors) are considered one preparation. Unless a teacher
19
voluntarily agrees in writing to do otherwise, the District will make reasonable
20
effort to assign no more than three (3) preparations based on this definition.
21
22
Section 7: Roving Teachers (Secondary)
23
7.1 Secondary school sites will keep roving teachers to a minimum. Volunteers
24
will be solicited among the staff and no teacher shall have to rove for more
25
than two consecutive years. The District will provide a cart for the roving
26
teacher to transport his/her materials.
27
28
Section 8: The Teaching and Learning Advisory Council
29
The Teaching and Learning Advisory Council (TLAC) will consist of the following:
30
• 3 chairpersons (SBTA President or designee, a school principal, and an Assistant
31
Superintendent)
32
14
• 10 unit members from elementary
1
• 9 unit members from junior high schools
2
• 10 unit members from high schools
3
In addition, TLAC will include the following:
4
• 4 special education unit members (2 elementary and 2 secondary)
5
• 2 counselors (one junior high and one high school)
6
8.1 Nomination of TLAC members
7
Elementary – unit members at each site will select two (2), one from TK-3 and one 4-
8
6 and forward the names to the principal. Principals retain the right to veto one of the
9
nominees, in which case, the nominee, shall be notified in writing of the reasons(s)
10
for the veto. A new name will be forwarded to the principal and the principal submits
11
both names to the TLAC chairperson.
12
Secondary – unit members at each site will select one from each subject (CTE,
13
English, Health, Math, Performing Arts, Physical Education, Social Studies, Science,
14
Visual Arts, World Language) and forward the names to the principal. Principals
15
retain the right to veto one of nominees, in which case, the nominee shall be notified
16
in writing of the reason(s) for the veto. A new name will be forwarded to the principal
17
and the principal submits names to the TLAC chairpersons.
18
Special Education – Special Education unit members at each site will select one
19
member and forward the name to the principal. Principals retain the right to veto the
20
nominee, in which case, the nominee shall be notified in writing of the reason(s) for
21
the veto. A new name will be forwarded to the principal and the principal submits the
22
name to the TLAC chairpersons.
23
Counselors – Counselors at each site will select one counselor and forward the
24
name to the principal. Principals retain the right to veto the nominee, in which case,
25
the nominee shall be notified in writing of the reason(s) for the veto. A new name will
26
be forwarded to the principal and the principal submits the name to the TLAC
27
chairpersons.
28
8.2 Unit members each serve a two year term. In the event of a vacancy, the site will
29
forward a name to the principal to fill the vacancy for the remainder of the term.
30
8.3 Selection of the TLAC members – The TLAC chairpersons will select the TLAC
31
members from the nominees as follows:
32
15
• 5 members from TK-3 nominees and 5 members from 4-6 nominees with all school sites
1
represented.
2
• All secondary subjects and school sites represented.
3
• One junior high counselor and one high school counselor.
4
• Two elementary and two secondary special education unit members.
5
8.4 Teachers will be paid the hourly rate for their time attending the meetings.
6
7
Section 9: Site PLC Leads, District PLC Leads and Department Leads
8
9.1 The term of the Site PLC Leads, District PLC Leads, and Department Leads
9
shall be defined as two years.
10
9.2 The Site PLC Lead must be a teacher, a majority of whose assignment is within
11
the PLC or grade level. The Site PLC Lead must be selected by secret ballot at a
12
regularly scheduled meeting of the PLCs. The selection of the Site PLC Lead must
13
be done by the end of the first week of school.
14
9.2.1 Teachers who have submitted in writing their resignation, intent to retire,
15
or have accepted in writing a transfer to another school are not eligible to
16
vote. Ballots shall be counted by the PLC members immediately. The name
17
of the person who receives the most votes shall be forwarded to the principal.
18
9.2.2 Principals retain the right to veto the nominee, in which case, the
19
nominee shall be notified in writing of the reason(s) for the veto. The veto
20
shall not preclude the initial designee from competing in any future election,
21
including the election which resulted in the veto.
22
9.2.3 By majority secret ballot vote, the department or grade level may seek a
23
new election and will present another nominee.
24
9.2.4 An election shall follow any vacancy. By majority secret ballot vote, a
25
PLC or grade level may elect to forward no name to the principal. In such an
26
event, the principal may designate a Site PLC Lead.
27
9.3 Elementary Site PLC Leads will facilitate two (2) PLC meetings monthly during
28
the regularly scheduled PLC time. Responsibilities include: facilitate collaboration of
29
grade-level PLC; serve as representative to SLT; organize and maintain PLC
30
records and resources; articulate with counterparts at other school sites; serve as
31
representative to ad-hoc district-wide meetings; and manage supplies. See Exhibit F.
32
16
9.4 Secondary Site PLC Leads will facilitate three (3) PLC meetings monthly during
1
the monthly regularly scheduled PLC time. Responsibilities may include: organize
2
and maintain Site PLC records and resources; articulate with counterparts at other
3
school sites. See Exhibit F.
4
9.5 Secondary District PLC Lead elections will follow the rules laid out in Section 9.2.
5
Duties include: facilitate District PLC meetings; organize and maintain District PLC
6
records and resources; facilitate vertical articulation; participate in Open House and
7
Showcase events and coordinate awards as needed; and serve as representative to
8
ad-hoc District meetings. Secondary District PLC Leads may serve as representative
9
to SLT pending site-based elections. Except for CTE, individual elective teachers will
10
order supplies individually.
11
9.6 PK District PLC Lead elections will follow the rules laid out in section 9.2.
12
Duties include: facilitate monthly PLC meeting and organize and maintain
13
PLC records and resources. See Exhibit F.
14
9.7 Secondary Department Leads will be elected from among the Site PLC
15
Leads in a given department. Elections will follow the rules laid out I
16
section 9.2 Duties include; Serve as representative to Site Leadership
17
Team (see Exhibit F); serve as representative to District meetings (ad
18
hoc); provide input into Master Schedule; assist in development of
19
Curriculum Course Catalogue; facilitate quarterly Department Meetings;
20
facilitate vertical articulation; organize and maintain instructional
21
resources; facilitate communication between administration and teachers;
22
facilitate communication amongst teachers; coordinate department
23
awards; order supplies and coordinate Open House participation.
24
9.8. Members of the Site Leadership Team are listed in Exhibit F.
25
9.8.1 Leadership Team Representatives participate in regularly
26
scheduled meetings of the Site Leadership Team, representing
27
their respective curricular areas. The principal may, after consulting
28
with the team, provide release time for a meeting. Prepare for and
29
facilitate quarterly department meetings to address all aspects of
30
curriculum, instruction and assessment.
31
9.9 Special Education PK-6 District PLC Leads, Elementary/Secondary District
32
PLC Leads, and Secondary District PLC Leads must be a Special Education
33
17
certificated member. The term is for two years. Elections will be held following the
1
rules laid out in section 9.2. Duties include: facilitate monthly PLC meetings, and
2
organize and maintain PLC records and resources.
3
9.9.1 Psychologist and Speech Language Pathologist Leads
4
facilitate monthly grade-span PLC meetings and co-facilitate
5
monthly join PLC meetings.
6
9.10 Secondary Head Counselor
7
Each secondary site shall elect, by secret ballot at a meeting prior to the first day of
8
instruction, a Head Counselor.
9
9.10.1 Duties of Head Counselor
10
The duties of the Secondary Head Counselor include: serve as a
11
liaison to the District Head Counselor meetings through attendance at
12
regular meetings, facilitate weekly site Counseling department
13
meetings, serve as a representative of the Counseling department to
14
the school’s leadership team, serve as supply manager for the
15
Counseling department (beginning SY 18-19) and provide leadership
16
in the development of the master schedule.
17
9.10.2 Elections of Head Counselor
18
The term of the Head Counselor shall be defined as two years.
19
20
The Head Counselor must be a certificated employee who is a member of the
21
Counseling department and may be a shared position at each school site.
22
23
Counselors shall have one vote per 0.2 FTE assigned within the Counseling
24
department when voting for the Head Counselor. Counselors on paid leave are
25
eligible to vote. Counselors who have submitted in writing their resignation or intent
26
to retire, or who have accepted in writing a transfer to another school, are not eligible
27
to vote.
28
29
Ballots shall be counted immediately and in a fair and open manner. No part of the
30
election procedure shall take place in the presence of an administrator. The name of
31
the person receiving the most votes shall be forwarded to the principal. Principals
32
retain the right to veto the nominee, in which case, the nominee shall be notified in
33
18
writing of the reason(s) for the veto. The veto shall not preclude the initial nominee
1
from running in any future election.
2
3
By majority secret ballot vote, a department may seek a new election prior to the end
4
of the Head Counselor’s term. An election shall follow any vacancy in the role of
5
Head Counselor. By majority secret ballot vote, a department may elect to forward
6
no name to the principal. In such event, the principal may designate a Head
7
Counselor.
8
9
9.8 Secondary Special Education Department Chair
10
Each secondary site shall elect, by secret ballot at a meeting prior to the first day of
11
instruction a Special Education Department Chair.
12
9.8.1 Duties of Secondary Special Education Department Chair
13
Each secondary site shall elect, by secret ballots a meeting prior to the
14
first day of instruction, a Special Education Department Chair.
15
16
The duties of the Secondary Special Education Department Chair
17
include: serve as a liaison to the District Special Education department
18
through attendance at regular meetings, facilitate monthly site Special
19
Education department PLC meetings, serve as a representative of the
20
Special Education department to the school’s leadership team, serve
21
as supply manager for the Special Education department (beginning
22
SY 18-19) and provide input in the development of the master
23
schedule. In partnership with site administration, further duties include:
24
facilitate transitional IEPs, support the effective utilization of
25
paraeducators, monitor caseload distribution, and participate in site
26
SSEPAC meetings (beginning SY 18-19)
27
9.8.2 Elections of Secondary Special Education Department Chair
28
The term of the Secondary Special Education Department Chair shall
29
be defined as two years.
30
31
19
The Chair must be a certificated teacher who is a member of the
1
Special Education department and may be a shared position at each
2
school site.
3
4
Special Education teachers shall have one vote per period assigned
5
within the Special Education department when voting for the
6
Department Chair. Teachers on paid leave are eligible to vote.
7
Teachers who have submitted in writing their resignation or intent to
8
retire, or who have accepted in writing a transfer to another school, are
9
not eligible to vote.
10
11
Ballots shall be counted immediately and in a fair and open manner.
12
No part of the election procedure shall take place in the presence of
13
an administrator. The name of the person receiving the most votes
14
shall be forwarded to the principal. Principals retain the right to veto
15
the nominee, in which case the nominee shall be notified in writing of
16
the reason(s) for the veto. The veto shall not preclude the initial
17
nominee from running in an future election.
18
19
By majority secret ballot vote, a department may seek a new election
20
prior to the end of the Chair’s term. An election shall follow any
21
vacancy in the role of Special Education Department Chair. By
22
majority secret vote, a department may elect to forward no name to
23
the principal. In such event, the principal may designate a Special
24
Education Department Chair.
25
26
Section 10: PLC Participation/Special Area Teacher PLC Participation
27
10.1 Collaboration shall take place in Professional Learning Communities (PLCs).
28
PLCs may be organized into site and District-level content-specific,
29
interdisciplinary, vertical, and/or grade-level teams. The special education
30
department may determine the use of the monthly PLC site meetings as a
31
Special Ed PLC.
32
20
10.2 Elementary schools will meet in PLCs a minimum of 4 days a month during
1
the scheduled PLC time, except on regulation scheduled board and federal
2
holidays. The first Wednesday (work day) of the month, will be a 60-minute
3
faculty meeting. The second Wednesday (work day) of the month will be a
4
75-minute district grade level PLC. The third and fourth Wednesdays (work
5
days ) of the month will be 50-minute PLC meetings. There shall be no
6
scheduled meeting on a fifth Wednesday of a month. If a site principal needs
7
to extend the length of the faculty meetings or PLC meeting, s/he shall
8
consult with the site leadership team at least 24 hours prior to the meeting for
9
approval. Either party may reopen this section from the time of ratification
10
until the expiration of the next contract.
11
10.3 Secondary schools will meet in PLCs a minimum of 4 days a month for at
12
least 200 minutes a month during the regularly scheduled PLC time. These
13
meetings will occur on Thursdays, except on regularly scheduled board and
14
federal holidays, and the first Thursday (work day) of the month will be a
15
faculty meeting.
16
10.4 Special Education Teachers.
17
10.4.1 All special education certificated staff, including special
18
education itinerant staff may be directed by the District Special
19
Education Department to attend professional learning each
20
month in lieu of attending their PLC meeting at the site.
21
10.4.2 Full-time Elementary Special Education Teachers: Will attend
22
PLCs with the grade level in which they case-manage the
23
highest number of students. This will be determined based on
24
their caseload by the tenth (10th) day of the school year. In the
25
case of a time where the special education teacher does not
26
have one grade with the highest number of students, the
27
assignment will be determined by consultation between the
28
certificated member and the principal. Elementary special
29
education teachers will remain with the same grade-level PLC,
30
regardless of changes to their caseload unless, a change is
31
21
mutually agreed upon between the certificated staff member
1
and the principal.
2
10.4.3 Split Assignment Elementary Special Education Teachers. Will
3
attend PLCs on early release days, at the school they are
4
assigned to at the end of the day. The principal will assure that
5
part time special education teachers are integrated into PLCs
6
across all grade levels, depending upon the number of special
7
education teachers assigned to their site.
8
10.4.4 Full-time Secondary Special Education Teachers: Will
9
participate in PLCs in the core content areas (English,
10
Mathematics, Science, and Social Science). The
11
principal/designee will consult with special education teachers to
12
assure they are assigned across all core content areas when
13
possible. The principal/designee will place the special
14
education teachers in the core area PLCs. Certificated Staff
15
members assigned to transition programs for students 18-22 will
16
form their own PLC. This will also include staff in the Transition
17
Partnership Program (TPP). A PLC lead for this group is
18
authorized. Certificated staff members assigned to regional and
19
district operated programs serving students with Emotional
20
Disturbance (ED) will form their own PLC. A PLC lead for this
21
group is authorized. Certificated staff members assigned to
22
special day classes serving students with moderate/severe
23
disabilities will form their own PLC. A PLC lead for this group is
24
authorized.
25
10.4.5 Split Assignment Secondary Special Education Teachers: Will
26
participate in the PLCs in the core content area at the school
27
they are assigned to in the morning when there is a late start.
28
10.4.6 Special Education Itinerant Staff. Definition of Itinerant Special
29
Education Staff: Itinerant staff may include speech language
30
pathologists, school psychologists, behavior specialist(s),
31
22
adaptive physical education specialists, teachers of the visually
1
impaired, teachers of the deaf/hard of hearing, orientation and
2
mobility specialist, and vocational counselors (through the
3
Bridges program).
4
Itinerant staff who do not spend the majority of their work week
5
at any one site will be assigned to a PLC that shall be
6
determined by special education administration in collaboration
7
with school site principals and the itinerant staff.
8
10.4.7 Elementary School Psychologists: Will form one PLC. Will be
9
subject to District level professional learning once a month as
10
directed by the Special Education Department. If a school
11
psychologist serves multiple grade levels, the District Special
12
Education Department will provide direction regarding which
13
PLC to attend.
14
The elementary school psychologist PLC lead will work with the
15
psychologists to schedule the meeting locations. The PLC lead
16
will be selected by the PLC members. Psychologist PLC leads
17
should work together to schedule joint PLCs with elementary
18
and secondary psychologists in attendance.
19
10.4.8 Secondary School Psychologists: Will form two PLCs. One
20
PLC will consist of Dos Pueblos High School, Goleta Valley
21
Junior High School, San Marcos High School and La Colina
22
Junior High School. The other PLC will consist of Santa
23
Barbara High School, Santa Barbara Junior High School, La
24
Cuesta/Alta Vista and La Cumbre Junior High School. Will be
25
subject to District level professional learning once a month as
26
directed by the Special Education Department. The secondary
27
psychologist PLC leads will work with the psychologists to
28
schedule the meeting locations. Psychologist PLC leads will be
29
selected by the Psychologist PLC members. Psychologist PLC
30
23
leads should work together to schedule joint PLCs with
1
elementary and secondary psychologists in attendance.
2
10.4.9 Elementary Speech Language Pathologists (SLP) will form one
3
PLC. Will be subject to District level professional learning once
4
a month as directed by the Special Education Department. If a
5
SLP serves multiple grade levels, the District Special Education
6
Department will provide direction regarding which PLC to
7
attend. The SLP PLC lead will work with the SLPs to schedule
8
the meeting locations. PLC lead will be selected the PLC
9
members. The SLP PLC lead should work together to schedule
10
joint PLCs with the elementary and secondary SLPs in
11
attendance.
12
10.4.10 Secondary Speech Language Pathologists (SLP) will form one
13
PLC. Will be subject to District level professional learning once a
14
month as directed by the Special Education Department. If an SLP
15
serves multiple grade levels, the District Special Education Department
16
will provide direction regard which PLC to attend. The SLP PLC leads
17
will work with the SLPs to schedule the meeting locations. SLP PLC
18
leads will be selected by the SLP members. SLP leads should work
19
together to schedule joint PLCs with elementary and secondary SLPs
20
in attendance.
21
10.5 District Nurses: Will participate in a District-level PLC as directed by the
22
District Special Education department.
23
10.6 Secondary Counselors: Will form their own PLC. Liaisons are selected by
24
the administration. See Article VI, Section 8.
25
10.7 Teachers on Special Assignment (TOSA): Will attend PLCs as determined
26
by the Assistant Superintendents/designees for Elementary and Secondary
27
Education.
28
10.8 Elementary Music: Will attend grade level PLCs at the school they are
29
assigned the end of the day. Individuals with split assignments between
30
elementary and secondary sites are to attend the PLC at the school where they
31
24
are assigned the majority of the time. Elementary music teachers will also be
1
required to attend District-level PLCs.
2
3
Section 11 Split Assignment
4
11.1 Teachers assigned to more than one school shall be provided at each school
5
with a reasonable area to work and a secure place to store materials and file papers
6
at each school site.
7
8
Section 12 Job Sharing
9
12.1 Job-sharing shall be defined as two unit members sharing the responsibility of a
10
full-time assignment.
11
12.2 Application Process
12
12.2.1 Applications for a new job-sharing assignment for the following school
13
year shall be filed by permanent unit members with the District no later than
14
February 1.
15
12.2.2 If approved, a job-sharing arrangement shall be for one (1) year only
16
but a request may be renewed in writing on an annual basis.
17
12.2.3The District shall notify in writing the applicants of its decision whether
18
to approve or deny the application by April 1. The decision of the District
19
shall be final.
20
12.2.4 Exceptions to this time frame may be granted by the District.
21
12.2.5 Upon conclusion of a one (1) year job share, permanent teachers(s)
22
shall be returned to full-time status, unless a request for a renewal is granted.
23
12.2.6 Teachers will include in their proposal how they plan to handle parent
24
conferences, preparation of progress reports and report cards.
25
12.2.7 Teachers will include in their proposal the plan for both teachers to
26
attend staff meetings, covering for adjunct and supervision duties, etc.
27
12.3 Work Assignments
28
12.3.1 Work assignments include, but are not limited to teaching, preparation
29
and grading. Both job-sharing unit members are expected to participate fully
30
in parent conferencing, open house and back-to-school night. Each job share
31
25
partner will share parent teacher conferences and attend one Back to School
1
night.
2
12.3.2 Both job-sharing unit members are eligible to attend the staff
3
development days.
4
12.3.3 Teachers shall work together on each non-teaching preparation day
5
prior to the opening of school and the first teaching day of the school year to
6
ensure a smooth opening,
7
12.3.4 If one teacher is absent, the other may assume the responsibility of
8
covering the class. That teachers shall be paid the regular substitute’s salary
9
for the day(s) taught.
10
12.3.5 Job-sharing teachers may mutually agree to exchange regularly
11
assigned times, subject to notification and approval by the principal.
12
12.3.6 Job-sharing teachers shall share the responsibility of contacting
13
parents as needed, including returning phone calls in a timely manner, and
14
sharing the results of those contacts with the other teacher.
15
12.4 Compensation and Benefits
16
12.4.1 All wages, benefits and paid leaves shall be prorated according to the
17
actual time worked. In no event, shall the total amount of health and welfare
18
benefits for the job sharers exceed the amount the District would have paid if
19
the position had not been shared.
20
12.4.2 Job-sharing teachers shall receive salary schedule increments on a
21
prorated basis, provided that no movement on the salary schedule shall occur
22
until the teacher has accrued at least one year’s worth of credit (e.g., has
23
worked fifty percent (50%) for two (2) years. STRS credit shall be governed
24
by applicable statutory provisions.
25
12.5 Evaluation
26
Job-sharing unit members shall be evaluated using the same procedure applied to
27
full-time unit members.
28
29
30
31
32
33
26
ARTICLE VII
1
TRANSFER AND REASSIGNMENT POLICY
2
3
Section 1. Definitions
4
1.1 Transfer means assignment of an employee from one position at a site location
5
to another comparable position at a different site location for which he/she is
6
credentialed and/or certified. Changes of grade level, and changes in departmental
7
placement for a majority of a unit employee’s assignment, are considered
8
reassignments under this article.
9
1.2 Not withstanding the above paragraph, if a TK-6 teacher is reassigned beyond a
10
grade span of 3 or more grades, the District shall, upon the teacher’s request,
11
provide appropriate curriculum guides, teacher manuals and equipment to that
12
reassigned teacher. Priority will be given to requests made by these reassigned
13
teachers for time to observe other teachers and/or attend in-services for training.
14
15
Section 2. Voluntary Transfers
16
2.1 Applications for specific openings may be made within ten (10) working days.
17
The District will consider applications for specific openings from January 1 until
18
March 30 of each school year. The announcement will include reference to
19
special qualifications for any opening and will be posted through District email
20
announcements. An email copy of such postings shall be provided to the
21
Association.
22
2.1.1 All positions will be posted five (5) days intra-district only, prior to their
23
general dissemination.
24
2.1.2 A qualified unit member applying for a voluntary transfer must receive
25
an interview with the administration at the site where the opening exists.
26
2.2 The District shall act on requests for voluntary transfers on the following basis:
27
2.2.1 Its assessment of the needs of the District and/or one or more school
28
sites.
29
2.2.2 Its assessment of individual qualifications to perform the specific
30
services.
31
27
2.2.3 Requests for voluntary transfers to open positions from which the
1
requesting employee was involuntarily transferred within the prior three (3)
2
years shall be given preference when 2.2.1 and 2.2.2 are judged equal.
3
2.2.4 Subject to 2.2.1, 2.2.2, and 2.2.3, the length of successful service in
4
the job classification, i.e., teacher, counselor, nurse, librarian, psychologist,
5
etc.
6
2.3 It shall be the policy of the District to utilize voluntary transfer rather than
7
involuntary transfer whenever such will achieve the purpose of the transfer.
8
9
Section 3. Involuntary Transfers
10
3.1 Reasons for involuntary transfers may include:
11
3.1.1 Decline in student enrollment
12
3.1.2 Elimination/initiation or reduction/expansion of programs or services
13
3.1.3 Accommodating the special staffing needs and/or requirements at either
14
school involved
15
3.1.4 Balance in class loads or class size
16
3.1.5 Meeting the requirements of the Districts’ Affirmative Action Policy, or
17
any legal requirements of the District
18
3.1.6 School reorganization or closure
19
3.1.7 District belief that a transfer to a different position will likely result in
20
better performance by the teacher
21
3.2 A unit employee determined to be excess at a site location and who is
22
transferred as a result thereof shall be given first priority based on seniority with
23
proper credentialing and/or certification to any open positions in the District.
24
3.3 Action by the District pertaining to involuntary transfers shall be as follows:
25
3.3.1 With the exception of 3.1.7 above, after proceeding in accordance with
26
Section 2, with respect to voluntary transfer, the District shall determine which
27
unit member(s) are to be transferred.
28
3.3.2 This determination shall be based on the Districts’ judgment as to the
29
relative qualifications of the unit employees at the school(s) from which the
30
transfers are to be affected for the known openings to be filled.
31
3.3.3 In the event two or more employees at the school(s) from which the
32
transfer(s) are to be affected are deemed to have equal qualifications, the
33
28
employee(s) with the least classification seniority (as defined in 2.2.4) shall be
1
transferred.
2
3.3.4 In the case of two or more qualified unit employees being transferred to
3
two or more openings for which they are deemed equally qualified, the
4
employees may exercise their preference for the openings based on their
5
classification seniority.
6
3.4 The unit member, upon request, may meet with the administrator
7
recommending the transfer and be advised of the reasons for such transfer. Said
8
reasons shall be provided in writing at the written request of the unit member.
9
3.5 Any unit member who is involuntarily transferred shall not be involuntarily
10
transferred again for a period of two (2) school years.
11
Any unit employee involuntarily transferred prior to the beginning of the school year
12
shall be assisted by the District in the movement of the employee’s materials and
13
supplies.
14
3.6 Any unit employee involuntarily transferred after the commencement of the
15
school year shall be entitled to a District paid substitute for two (2) days to assist the
16
employee in accomplishing the transfer. The employee shall be assisted by the
17
District in the movement of the employee’s materials and supplies.
18
3.7 If a particular site is to be closed, unit members at that site shall be accorded first
19
priority for filling any new or vacant positions with proper credential and/or
20
certification and principal approval in the District.
21
22
Section 4: Reassignment
23
4.1 Whenever there is a vacancy at a school site the Principal shall solicit
24
volunteers and allow unit employees at that school site to fill those vacancies based
25
on the following: needs of the District and school site, required credentials and/or
26
certification, and District seniority. District seniority will be the deciding factor. When
27
the District determines all of the above are equal, District seniority will be the
28
deciding factor. Once reassignments are made at the school site, the resulting
29
vacancies will be posted by May 1. Additional vacancies shall be posted as they
30
become available until the end of the current school year.
31
32
29
Reassignment is a change of teaching assignments at the same worksite, such as
1
grade level or subject matter.
2
Unit members of district-based programs (e.g. special education, DIS services)
3
assigned full-time to a specific school site shall be considered site staff for the
4
purposes of reassignment to a vacancy occurring at that site.
5
4.1.1 Types of reassignment
6
4.1.1.1 Voluntary reassignment shall be requested in writing
7
4.1.1.2 Involuntary reassignment. Reasons for an involuntary reassignment
8
may include credentialing problems, filling existing vacancies, needs of
9
the site, or for the benefit of the instructional program.
10
4.1.1.3 The principal may assign unit members according to these
11
provisions. In the event the principal has not received any written
12
requests, reassignments shall be considered involuntary.
13
4.2 Posting of Positions For Site Reassignment
14
4.2.1 A vacancy that occurs after the school year begins and prior to May 1,
15
will not be posted internally. If the position is to remain permanent for the
16
following year, it will be opened for voluntary reassignment. (Applicable only
17
to Elementary.)
18
4.2.2 The principal shall inform current site unit members of site openings and
19
give unit members who requested reassignment first consideration to fill
20
those vacancies based on the following: needs of the District and school site,
21
required credentials, and/or certification and District seniority. District seniority
22
will be the deciding factor.
23
4.2.3 Unit members not selected for reassignment to the site opening shall
24
be notified prior to any announcement that the vacancy is filled or opened to
25
other individuals.
26
4.2.4 Involuntary reassignments shall not be made arbitrarily, capriciously or
27
as a disciplinary measure.
28
4.2.5 Involuntary reassignments shall require the principal to meet with the
29
unit member to communicate the reasons for the reassignment.
30
4.2.6 The principal will consider requests for voluntary reassignment prior to
31
decisions for any reassignment. However, reassignment decisions will be
32
made in accordance with 4.2.4 and 4.2.5.
33
30
4.2.7 Once reassignments are made at the school site, the resulting
1
vacancies will be posted by May 1 for in-district transfer. Additional vacancies
2
shall be posted as they occur until the end of the current school year.
3
4.3 If a teacher is reassigned, the District shall, upon the teacher’s request, provide
4
appropriate curriculum guides, teacher manuals and equipment to that reassigned
5
teacher. Priority will be given to requests made by these reassigned teachers for
6
time to observe other teachers and/or attend professional learning
7
4.4 Combination grade level classes at the elementary sites shall be kept at a
8
minimum. Teachers of combination grade level classes shall be chosen on a
9
voluntary basis. If there are insufficient volunteers, a unit member may be assigned
10
to teach the combination class for one year. Grade level staff would not be subject
11
to reassignment of combination classes until combinations were rotated through all
12
staff at that grade level. Teachers with combination grade levels shall receive 30
13
minutes extra of planning and preparation time per month. Teachers assigned to
14
combination grade level classes shall be compensated $200 per semester.
15
4.5 Any unit employee involuntarily reassigned shall be entitled to a District paid
16
substitute teacher for two days to assist the employee in accomplishing the
17
reassignment, and shall be assisted by the District in the movement of the
18
employee’s materials and supplies.
19
20
ARTICLE VIII
21
EVALUATION PROCEDURE
22
23
Section 1. Objectives
24
The parties recognize that the principal objective of the evaluation of unit employees
25
is to maintain and improve the quality of education provided by the District; and,
26
where indicated, to assist unit employees in maintaining and improving their
27
professional skills and performance.
28
29
Section 2. Evaluation
30
2.1 Any observation and evaluation reports, hereunder, shall be completed by the
31
building principal or his/her designee. The designee may include one or more of the
32
following: Assistant Principals, Directors, District Program Specialists, Supervisors,
33
31
Assistant Superintendents of Instruction, and the Superintendent of Schools. The
1
recommendation for permanency, however, must be made by the building principal.
2
District administrator shall evaluate all regular unit employees in writing as follows:
3
4
2.2 First Year Probationary and Temporary Teachers: At least two formal
5
observations are to be held during the school year. They are to be completed prior
6
to January 31. The final written evaluation is to be completed and submitted by
7
March 1.
8
2.2.1 Retired Certificated Employees Rehired on Temporary Contracts: One
9
observation and one evaluation will be required as long as they have never
10
received an unsatisfactory evaluation in their history with the District.
11
2.3 Second Year Probationary Teachers: At least two formal observations are to be
12
completed by February 15 of each school year. The final written evaluation is to be
13
completed and submitted by March 1.
14
2.4 Permanent Teachers: At least one formal observation will be made and a
15
written evaluation will be completed a minimum of once every other school year per
16
the Education Code 44664. The final written evaluation report is to be completed
17
and submitted by April 15.
18
2.4.1 Permanent teachers who are involuntarily transferred shall not be
19
evaluated during the first year of their new assignment unless they had not
20
been evaluated the prior year or received an unsatisfactory evaluation the
21
prior year.
22
2.5 For purposes of this section, a year of employment shall count if the unit
23
member was employed for at least 50% of the unit member work year. Each unit
24
member working less than 50% will be evaluated at least every two years.
25
2.6 As allowed by California Education Code 44664.3 pertaining to teacher
26
evaluations, at least every five years, teachers with permanent status who have
27
been employed by the school district at least 10 years, are highly qualified as
28
defined by California in compliance with No Child Left Behind, and whose previous
29
evaluation rated the teacher as “Meets or Exceeds Standards” shall be eligible for
30
the 5 Year Evaluation program. A conference between the teacher and evaluator
31
must occur and this evaluation process may only be used if the evaluator and
32
teacher mutually agree. Either party may withdraw consent at any time. If only the
33
32
minimum of one required evaluation every five years is given, it shall take place prior
1
to April 15 of the school year in which the teacher is to be evaluated.
2
3
Section 3. Administrative Procedure
4
3.1 All unit employees who are to be evaluated will be notified no less than one week
5
prior to beginning the procedure. Unit members to be evaluated during a particular
6
year shall be furnished a copy of the evaluation handbook and notified of the identity
7
of their evaluator no later than November 1 of the year in which the evaluation is to
8
take place. Any unit employee hired after November 1 is subject to evaluation
9
provided they are notified of their evaluator within 30 days of hire.
10
3.2 A conference between evaluator and evaluatee shall be held prior to any formal
11
observation if the evaluatee or evaluator so requests. The unit member shall have
12
the right to identify any constraints which the unit member believes may inhibit
13
her/his ability to meet the objectives and standards established.
14
3.3 Formal observations shall be for a period of no less than forty (40) minutes; shall
15
be made known to the unit member at least five (5) school days prior to the
16
scheduled observation. A conference between evaluator and evaluatee shall be held
17
after a formal observation no later than fifteen (15) working days of the observation.
18
3.4 Any written report on a formal observation shall include a copy to the evaluatee.
19
Written reports will include space for the evaluatee to add comments that will be
20
included in the report.
21
3.5 At the conclusion of the observation or assessment period, an evaluation
22
conference shall be held between the evaluator and evaluatee. A written evaluation
23
report shall be prepared, which will allow for the inclusion of any comments the
24
evaluatee may wish to add. The evaluation report shall include a statement that the
25
evaluatee’s performance is satisfactory or unsatisfactory. A copy of a satisfactory
26
evaluation report shall be placed in the evaluatee’s personnel file. If the evaluation
27
report states that the evaluatee’s performance is satisfactory, the evaluation
28
procedure is concluded.
29
30
Section 4. Unsatisfactory Performance
31
4.1 If the District deems a unit member’s performance to be unsatisfactory, the
32
following guidelines will be followed in the continuing evaluation process.
33
33
4.1.1 Year of Unsatisfactory Evaluation: The immediate supervisor and the
1
unit member will meet to discuss the objectives of the evaluation process, i.e.,
2
the areas of needed improvements, expected levels of performance, and how
3
performance will be assessed.
4
The administration will write an improvement plan to be implemented the
5
following school year that includes actions the evaluatee should take to
6
correct cited deficiencies. The improvement plan will include examples of
7
support to be provided by administration. Such action shall include, but need
8
not be limited to, the following to the extent applicable:
9
a. Areas where improvement is needed
10
b. Suggestions for improvement
11
c. Additional resources to be utilized to assist with improvement
12
d. Time schedule for monitoring of improvement
13
e. Any additional role of the evaluator in assisting the teacher
14
f. Peer Assistance Review (PAR) to assist the unit member in the
15
improvement of his/her teaching skills and knowledge
16
4.1.2 Year Following Unsatisfactory Evaluation: The evaluator shall, in the
17
case of classroom teachers, schedule three (3) or more formal observations
18
of at least forty (40) minutes in length subject to forty-eight (48) hours prior
19
notice.
20
4.1.3 After each formal observation, a conference will be held between the
21
administration and the evaluatee at which time a written assessment will be
22
made of the evaluatee’s performance, and, if applicable, written suggestions
23
for improvement will be given.
24
4.1.4 Any written observation report shall include a space for evaluatee’s
25
comments and the evaluatee shall receive a copy of any such report.
26
4.1.5 The administration shall follow up the three or more formal
27
observations, or the assessment period, by completing the standard
28
evaluation report form. A copy of this evaluation shall be given to the
29
employee and an additional copy shall be placed in the employee’s personnel
30
file, maintained pursuant to Education Code provisions.
31
4.1.6 This evaluation report may include specific written recommendations as
32
to the areas of further needed improvement in the employee’s performance.
33
34
4.1.7 The employee may file a response to be attached to the evaluation. In
1
addition, the employee may request a conference which shall be granted
2
within ten (10) working days of the request.
3
4.2 This procedure will continue until the evaluator deems the evaluatee’s
4
performance to be satisfactory or until termination procedures begin.
5
6
Section 5. Evaluation (Non-Classroom Employees)
7
5.1 Any evaluation reports, hereunder, shall be completed by the immediate
8
Supervisor or his/her designee. The designee may include one or more of the
9
following: Assistant Principals, Directors, District Program Specialists, Supervisors,
10
Assistant Superintendents, or the Superintendent. The recommendation for
11
permanency, however, must be made by the immediate Supervisor. District
12
administration shall evaluate all regular unit employees in writing as follows:
13
5.2 First Year Probationary and Temporary Certificated Employees: The final
14
written evaluation is to be completed and submitted by March 1.
15
5.3 Second Year Probationary Certificated Employees: The final written evaluation
16
is to be completed and submitted by March 1.
17
5.4 Permanent Certificated Employees: A written evaluation will be completed a
18
minimum of once every other school year per the Education Code 44664. The
19
final written evaluation report is to be completed and submitted by April 15.
20
5.5 Retired Certificated Employees Rehired on Temporary Contracts: One
21
observation and one evaluation will be required as long as they have never
22
received an unsatisfactory observation in their history with the District.
23
24
Section 6. Administrative Procedure (Non-Classroom Employees)
25
6.1 All unit employees who are to be evaluated will be notified no less than one
26
week prior to beginning the procedure.
27
6.2 At the initiation of the process, the immediate Supervisor shall meet with the
28
evaluatee and, based on the employee’s written job description, jointly determine,
29
reduce to writing, and sign off on a minimum of three and up to six discreet
30
objectives and the criteria by which these objectives will be assessed (i.e. direct
31
observation, written product, performance goals, etc.)
32
6.3 At the conclusion of the assessment period, an evaluation conference shall be
33
35
held between the evaluator and evaluatee. A written evaluation report shall be
1
prepared, which will allow for the inclusion of any comments the evaluatee may wish
2
to add. The evaluation report shall include a statement that the evaluatee’s
3
performance is satisfactory or unsatisfactory. A copy of a satisfactory evaluation
4
report shall be placed in the evaluatee’s personnel file. If the evaluation report
5
states that the evaluatee’s performance is satisfactory, the evaluation procedure is
6
concluded.
7
8
Section 7 Unsatisfactory Performance (Non-Classroom Employees)
9
7.1 If the District deems a unit member’s performance to be unsatisfactory, the
10
following guidelines will be followed in the continuing evaluation process.
11
7.1.1 The immediate supervisor and the unit member will meet to discuss, to
12
reduce to writing and to sign off on the specific objectives of the evaluation
13
process (i.e., the areas of needed improvement, expected levels of
14
performance, and how performance will be assessed) which shall be based
15
on the unsatisfactory evaluation (from Section 6 above).
16
The evaluator will outline what positive action the evaluatee should take to
17
correct cited deficiencies. An improvement plan will be written to be
18
implemented the following school year. The improvement plan will include
19
examples of support to be provided by administration. Such action shall
20
include, but need not be limited to, the following to the extent applicable:
21
a. Areas where improvement is needed
22
b. Suggestions for improvement
23
c. Additional resources to be utilized to assist with improvement
24
d. Time schedule for monitoring of improvement
25
e. Any additional role of the evaluator in assisting the teacher
26
7.1.2 The immediate supervisor will schedule at least two progress
27
conferences during this evaluation period with the evaluatee at which
28
the immediate supervisor will provide a written assessment of the
29
evaluatee’s progress to that date.
30
7.2 The immediate supervisor shall follow up with assessment period by completing
31
the standard evaluation report form. A copy of this evaluation shall be given to the
32
36
employee and an additional copy shall be place in the employee’s personnel file,
1
maintained pursuant to Education Code provisions.
2
7.2.1 This evaluation report may include specific written recommendations as
3
to the areas of further needed improvement in the employee’s performance.
4
7.2.2 The employee may file a response to be attached to the evaluation.
5
7.2.3 The supervisor shall conference with the employee regarding the final
6
evaluation within fifteen (15) working days of completing the evaluation but
7
not later than thirty (30) calendar days before the end of the school year.
8
7.3 This procedure will continue annually until the evaluator deems the evaluatee’s
9
performance to be satisfactory or until termination procedure begin.
10
11
Section 8: Peer Assistance and Review Program
12
8.1 PAR Joint Committee
13
• Three (3) teachers appointed by the Association’s executive board and two
14
evaluating administrators appointed by the District.
15
• Nominations for joint committee shall take place between April 1 and May 1 of
16
each year a vacancy occurs.
17
• Term is two (2) years and may serve a second term. Serving more than two (2)
18
terms only if no opposition for reelection.
19
• Chair of committee selected by committee.
20
• The joint committee will determine all meetings. Any meetings outside of the
21
normal duty day will be paid at the pro rata rate.
22
8.2 Responsibilities of PAR Joint Committee
23
• Establish its own rules and procedures.
24
• Select panel of consulting teachers.
25
• Consulting teachers shall be selected by a majority vote of the joint committee
26
after one or more representatives of the committee have conducted a site
27
visitation including a classroom observation of all final candidates.
28
• Select training and trainers for the Joint Committee and Consulting Teachers
29
• Each consulting teacher will be trained to both offer peer assistance and to
30
understand the specific functions of the PAR program.
31
37
• Provide written notification to Referred Teacher, Consulting Teacher and Site
1
Principal upon initiation of Peer Review Cycle.
2
• Notify the participating teacher of assigned consulting teacher.
3
• Distribute adopted rules and regulations to all employees.
4
• Establish the application procedure for consulting teacher.
5
• A notice of vacancy for consulting teachers will be posted at all sites and in the
6
District office. In addition to submitting an application form, each applicant is
7
required to submit at least three (3) references from individuals who have direct
8
knowledge of the applicant’s ability to be a consulting teacher.
9
• Administer the committee’s budget and recommend the annual budget to the
10
Board of Education.
11
• Establish professional development.
12
• Review documentation and reports submitted by the consulting teachers.
13
• Develop a format for the consulting teachers final report.
14
• Develop and enforce timelines for the committee, consulting teachers and
15
referred teachers.
16
• Report to the Board the number of referred and self-referred teachers, dates,
17
times and topics of meetings.
18
8.3 Consulting Teachers
19
The joint committee will appoint Consulting teachers. The consulting teacher will
20
• Be a permanent employee.
21
• Have extensive knowledge and mastery of subject matter, teaching
22
strategies, instructional techniques and classroom management strategies.
23
• Have ability to communicate effectively both orally and in writing.
24
• Have ability to work cooperatively and effectively with others.
25
• Serve a 2 year term and be unable to serve again until all other eligible
26
applicants who have not served or (have had the opportunity to serve) have
27
served
28
• Receive a stipend per assigned teacher per cycle. Stipends may be prorated
29
in consultation with the PAR chair in the case the consulting teacher no
30
longer has an assignment.
31
• Agree to receive training as required by the Joint Committee.
32
38
8.3.1 Duties of the Consulting Teacher:
1
• Act as a peer coach.
2
• Confer regularly with the referred teacher’s evaluating administrator.
3
• Work with the referred teacher on those goals and objectives found to
4
be unsatisfactory by the evaluating administrator and on other goals
5
and objectives mutually agreed to.
6
• Set and discuss performance goals with the referred teacher.
7
• Determine and acquire or arrange the materials and resources needed
8
to assist the referred teacher.
9
• Multiple observations of the referred teacher during periods of
10
classroom Instruction.
11
• Demonstrate good practice to the referred teacher.
12
• Monitor the progress of the referred teacher and maintain a written
13
record.
14
• Report the duties, times, and topics of meetings of the referred teacher
15
quarterly and issue a final report to the joint committee no later than
16
the last working day in April.
17
• No observation forms or notes or other anecdotal material from the
18
consulting teacher shall be placed in a teacher’s file except as
19
specifically referenced in the consulting teacher’s final report to the
20
joint committee.
21
8.4 Participants
22
Each employee will be given sufficient release time to meet to determine goals and
23
objective, to plan strategies and needs, to plan observations, to attend observations,
24
to debrief observations and for other activities as the joint committee or consulting
25
teacher deem beneficial to the referred teacher.
26
8.4.1 Mandatory Participation:
27
Any teacher receiving an unsatisfactory evaluation (indicated by a check
28
mark in the box “Improvements Required – Unsatisfactory” on the Certificated
29
Personnel Evaluation Instrument) shall be placed in Peer Review Cycle as a
30
“referred teacher.”
31
8.4.2 Voluntary Participation:
32
39
Subject to the regulations of the Joint Committee, teachers may voluntarily
1
participate in the PAR Program depending on availability of cooperating
2
teachers and District funding for purposes of professional growth,
3
professional improvement or peer coaching. No report, observation or
4
evaluation of a volunteer participant can be placed in a volunteer participant’s
5
personnel file unless requested by the volunteer participant.
6
7
Section 9 General
8
9.1 Unit members shall not be required to participate in the evaluation(s) and/or
9
observations of other unit members.
10
9.2 An employee may file a grievance only on the following bases:
11
9.2.1 Asserted violation by the District of the procedural provisions of this
12
Article in its evaluation of the unit employee.
13
9.2.2. An employee who received an unsatisfactory evaluation may grieve
14
one (1) year thereafter under 4.1.1 or 7.1.1 on the grounds that the objectives
15
established under 4.1.1 or 7.1.1 were unreasonable and precluded the
16
employee from attaining a satisfactory evaluation, provided that the District
17
has not moved to institute dismissal proceedings against the employee within
18
said one (1) year pursuant to Education Code procedure.
19
20
ARTICLE IX
21
SPECIAL NEEDS STUDENTS
22
Section 1.
23
Occasionally, unit members may be assigned as back-up to perform specialized
24
health care services, including physician-approved treatments and procedures, to
25
meet the medical and physical needs of students. No unit member will be required
26
to perform any specialized health care service that he/she has not been trained and
27
authorized to perform. Training of personnel and establishment of personnel
28
responsible for students’ special needs will be completed prior to student placement.
29
On-going training will be provided as deemed necessary. Needed procedures will
30
be performed in an area providing privacy (if needed) and with facilities to insure
31
cleanliness and safety.
32
33
40
Section 2.
1
Any unit member who is to receive a student with an IEP, and who is placed full-time
2
in a regular education classroom at parent request, will be provided enough prior
3
notice to adequately prepare for the introduction of the student into the class. Any
4
unit member with such a student will receive the specialized training needed to
5
service the student. The training will be arranged to suit the schedule of the unit
6
member, and to the extent practical, will take place during normal duty time. Any
7
training which falls outside the unit member’s normal duty time will be compensated
8
at the amount approved in the Agreement for curriculum development.
9
10
ARTICLE X
11
CLASS SIZE
12
13
Section 1.
14
1.1 The District shall provide faculty at the campus level so that there shall be an
15
average of 35 students per teacher in grades 9-12 not to exceed 38 students per
16
teacher in the core subject areas (math, English, social sciences, and science.)
17
1.2 The District shall provide faculty at the campus level so that there shall be an
18
average of 33 students per teacher in grades 7-8, not to exceed 36 students per
19
teacher in the core subject areas (math, English, social sciences, and science.).
20
1.3 The District shall provide faculty at San Marcos High School so that there shall
21
be an average of 33 per teacher, not to exceed 36 students per teacher in the core
22
subject areas (math, English, social sciences, and science.) so long as San Marcos
23
High School remains on the current (as of 12/99) block schedule.
24
1.3.1 Intervention students at San Marcos High School shall not be used in the
25
average calculation of students per teacher referred to in Section 1.3
26
1.3.2 Intervention classes at San Marcos High School shall not exceed 36 students
27
per teacher.
28
1.4 All non-core classes except those mentioned in Article X section 5, 6 & 7 shall
29
need teacher approval to exceed class size limits in section 1.1, 1.2 & 1.3.
30
31
32
33
41
Section 2.
1
Upon full implementation of the Local Control Funding Formula (LCFF), and with the
2
exception of specialized programs such as the Primary Years Program of the
3
International Baccalaureate Programme (IB) and Montessori, the District shall make
4
progress to provide teachers at elementary schools an average of twenty-five (25)
5
students per teacher in grades TK-3. Classes included in the TK-3 Grade Span
6
Adjustment (GSA) as defined by the Local Control Funding Formula include
7
traditional K-3, self-contained classes with a teacher of record, and transitional
8
kindergarten classes.
9
TK-3 class size will be a site average of 25:1. Due to the nature of Montessori, class
10
size is not to exceed 30.
11
There will be an average of thirty (30) students per teacher in grades 4-6 and a
12
maximum of thirty-three (33) students per teacher. The average class size for TK-6
13
is calculated for each school site and includes Special Day Class (SDC) students
14
and Gifted and Talented Education (GATE) students.
15
16
Section 3.
17
Unit employees other than classroom teachers shall be assigned in a manner
18
consistent with past practice.
19
20
Section 4.
21
Where the factors set forth in Sections 1, 2, and 3 are exceeded, the District shall
22
take corrective action subject to legal restraints. Analysis of whether these factors
23
are exceeded shall be completed on or before the 25th working day of each
24
semester.
25
4.1 For San Marcos High School, the analysis shall be completed on or before the
26
15th working day of each term, as long as SMHS remains on the current (as of 9/05)
27
block schedule.
28
29
Section 5.
30
This Article shall not apply to traditionally larger enrollment classes, except that
31
regular Physical Education classes (classes not containing athletic team members)
32
shall be staffed at an average of 40 students per teaching period. Total daily student
33
42
teaching contacts for regular PE classes shall not exceed the average 40 students
1
per class. District will take reasonable effort to maintain PE classes at 40:1 and not
2
to exceed 45:1 students in any class.
3
4
Section 6:
5
The District will make reasonable effort to assure Industrial Technology classes will
6
not exceed thirty (30) students per teaching period in grades 7; twenty-eight (28)
7
students per teaching period in grade 8; twenty-eight (28), and not to exceed thirty-
8
two (32) students per teaching period in grades 9-12.
9
10
Section 7:
11
No special education teacher shall have a caseload which exceeds 28 students.
12
13
Section 8:
14
If a teacher feels that an unreasonable number of students have been assigned to
15
his/her class, the teacher may file a report with the principal, with a copy to Human
16
Resources. The teacher may request that the principal’s response be in writing.
17
The teacher may thereafter discuss his/her continuing objection with the
18
Superintendent.
19
20
ARTICLE XI
21
LEAVES
22
23
Section 1. Personal Illness and Injury Leave
24
1.1 Unit employees regularly employed on a full time basis who are compelled to be
25
absent from assigned duty due to their own illness or injury, shall be allowed
26
personal illness leave without loss of salary as follows for a school year of service,
27
the earned but unused portion of such leave to be accumulative from year to year:
28
10 work days 10 school-month or 10 calendar time assignments
29
10-1/2 work days 10-1/2 calendar-month time assignments
30
11 work days 11 calendar-month time assignments
31
12 work days 12 calendar-month time assignments
32
43
Unit employees serving less than a full school year, and/or employed on less than
1
full time basis, shall be entitled to personal illness leave in proportion that the time
2
served bears to a school year of full time service.
3
1.2 An employee’s sick leave shall be exclusive of all days he/she is not required to
4
render service to the District.
5
1.3 During each school year, if a person employed in a position requiring
6
certification qualifications has exhausted all available sick leave, including all
7
accumulated sick leave, and continues to be absent from his or her duties on
8
account of illness or accident for an additional period of five school months, whether
9
or not the absence arises out of or in the course of the employment of the employee,
10
the employee will receive differential pay.
11
The differential pay due to the employee will be the salary minus the cost of the
12
substitute employee for any of the additional five months in which the absence
13
occurs.
14
If no substitute employee was employed, the differential pay to the employee will be
15
reduced by the amount that would have been paid to the substitute had that
16
substitute been employed.
17
1.4 When a certificated employee has exhausted all available sick leave, including
18
accumulated sick leave, and continues to be absent on account of illness or accident
19
for a period beyond the five-month period provided pursuant to Education Code
20
Section 44977, and the employee is not medically able to resume the duties of his or
21
her position, the employee shall, if not placed in another position, be placed on an
22
unpaid leave of absence for a period of twenty-four (24) months if the employee is
23
on probationary status, or for a period of thirty-nine (39) months if the employee is on
24
permanent status. When the employee is medically able during the 24-month or 39-
25
month period, the certificated employee shall be returned to employment in a
26
position for which he or she is credentialed and qualified. The 24-month or 39-
27
month period shall commence at the expiration of the five-month period provided
28
pursuant to Education Code Section 44977.
29
1.5 If a unit employee who has no accumulative sick leave for previous years takes
30
all or a portion of the sick leave allowable for the current school year and
31
subsequently fails to serve the District for the full school year, an amount equivalent
32
44
to the number of days of used but unearned sick leave shall be deducted from the
1
final salary warrant drawn payable to said employee.
2
3
CATASTROPHIC LEAVE BANK
4
5
1.6 The Santa Barbara Teacher Association and the Santa Barbara Unified School
6
District agree to create a Catastrophic Leave Bank effective October 20, 2016.
7
The Catastrophic Leave Bank shall be funded in accordance with the terms of
8
Section 1.6. For the purpose of this section a “day” shall be any day a unit
9
member is expected to be on duty as determined by the terms of this Agreement.
10
Days in the Catastrophic Leave Bank shall accumulate from year to year. Days
11
shall be contributed to the Bank and withdrawn from the Bank without regard to
12
the daily rate of pay of the Catastrophic Leave Bank participant.
13
1.6.1 “Non-industrial catastrophic illness” or “injury” means an illness or injury
14
that has caused the employee of the District to be incapacitated from the
15
performance of duty and is expected to incapacitate the employee for an
16
extended period of time.
17
1.6.2 Eligibility and Contributions
18
All unit members on active duty with the District are eligible to contribute to the
19
Catastrophic Leave Bank. The donating employee must, after donation, retain a
20
minimum of one year’s worth of accrued, unused sick leave from prior
21
accumulations.
22
1.6.2.1 Participation is voluntary, but requires contribution to the Bank. Only
23
contributors will be permitted to withdraw from the Bank.
24
1.6.2.2 Contributions shall be made only between September 1 and
25
September 30 of any given year, except for unit members returning
26
from leave who may contribute to the bank within ten calendar days
27
of return from leave, and new employees who may contribute within
28
thirty calendar days of employment.
29
1.6.2.3 An additional day of contribution will be requested of all unit
30
members if the number of the days in the Bank falls below 50. This
31
request of additional day(s) may occur after the September
32
enrollment dates.
33
45
1.6.3 Withdrawal from the Bank
1
Unit members must use all sick leave, but not differential leave, available to
2
them before requesting leave from the bank. Unit members who have
3
exhausted sick leave, but still have differential leave available are eligible for a
4
withdrawal from the Bank. The District shall pay the unit member full pay and
5
the Bank shall be charged one day.
6
1.6.4 The first ten (10) days of illness or disability must be covered by the unit
7
member’s own sick leave, differential leave or leave without pay, the first
8
time said unit member qualifies for a withdrawal from the Bank. For
9
subsequent withdrawals within twelve (12) consecutive months, the first
10
five (5) days of illness must be covered by the unit members own sick
11
leave, differential leave, or leave without pay.
12
1.6.5 Withdrawals from the Catastrophic Leave Bank shall be granted in units
13
of no less than 5 duty days and no more than 30 duty days. Unit
14
members may submit requests for extensions of withdrawals as their prior
15
grants expire. A unit member’s withdrawal from the bank may not exceed
16
the statutory maximum period of twelve consecutive months.
17
1.6.6 Unit members applying to withdraw or extend their withdrawal from the
18
Catastrophic Leave Bank will be required to submit a physician’s written
19
statement that states the individual’s condition conforms to the definition
20
of catastrophic illness or injury and the probable length of absence from
21
work. This information will be kept confidential by Human Resources.
22
1.6.7 If a unit member is incapacitated, applications may be submitted to
23
Human Resources by the participant’s agent or member of the unit
24
member’s family.
25
1.6.8 Leave from the Bank may not be used for illness or disability which
26
qualifies the unit member for worker compensation benefits.
27
1.6.9 Catastrophic Leave Bank unit member participants who are denied a
28
withdrawal or whose withdrawal is not renewed or terminated may, within
29
30 days of the denial, grieve the denial, nonrenewal or termination. The
30
unit member participant shall be deemed the grievant; the committee
31
shall be deemed the District. All other provisions of the grievance
32
procedure shall be interpreted in light of this. The Association shall be
33
46
provide representation to a grieving unit member, unless the grievant
1
refuses representation. If the unit member’s incapacitation does not allow
2
participation in this appeal process, the unit member’s agent or member
3
of the family may process the grievance.
4
1.7 Administration of the Bank
5
Human Resources shall have the responsibility of maintaining the records of the
6
Bank, receiving withdrawal request, verifying the validity of requests, approving
7
or denying the requests, and communicating its decision, in writing, to the unit
8
member participants, to the Association.
9
10
Section 2. Personal Necessity Leave
11
2.1 A regular unit employee entitled to personal illness leave may use up to seven
12
(7) days of such sick leave in cases of personal necessity for the following purposes:
13
2.1.1 Death, serious illness, serious injury of a member of his/her “immediate
14
family” as such a member is defined in Section 5.3.
15
2.1.2 Accident, involving his/her person or property, or the person or property
16
of a member of his/her “immediate family” as defined in Section 5.3.
17
2.1.3 Death of a close personal friend or of a member of his/her family not
18
defined as “immediate member of family” as defined in Section 5.3.
19
2.1.4 Appearance in court as a litigant; or as a witness under an official order.
20
2.1.5 Observance of a nationally recognized religious holiday other than
21
those scheduled on the school calendar.
22
2.2 Unit employees electing to use accumulated sick leave under this Section shall
23
be responsible for notifying his/her immediate superior at least three (3) days prior to
24
the proposed absence, except that he/she shall not be required to secure advance
25
permission for leave taken for the reasons set forth in 2.1.1, 2.1.2, and 2.1.3.
26
However, the employee shall be responsible for notifying his/her immediate superior
27
as soon as possible of any absence for such reasons, and further may be required to
28
submit a signed statement and/or any other additional proof to substantiate the
29
absence. In cases of emergency, the Superintendent may waive the three (3) day
30
notice stipulated above.
31
32
33
47
Section 3. Personal Absence Leave (PAL)
1
A regular unit employee entitled to personal illness leave may use a maximum of
2
four (4) days per year of such sick leave for personal use for which no alternative
3
other than absence is available to the unit member. PAL leave shall not be used for
4
work stoppage, other concerted activities, nor for gainful employment: these are
5
specifically excluded as reasons for Personal Absence Leave. The particular date(s)
6
on which days may be taken requires advanced approval by the appropriate
7
administrator. The unit member will make every reasonable effort to inform the
8
supervisor five (5) working days in advance. Unless there is a shortage of
9
substitutes, no other restrictions may apply.
10
11
Section 4. Contagious Disease Quarantine Leave
12
When a physician/medical authority provides written documentation that quarantines
13
or isolates a unit employee due to a contagious disease, the employee will use sick
14
leave. Prior to returning to work, the employee must obtain written clearance from
15
the physician/medical authority to return to work.
16
17
Section 5. Bereavement Leave
18
5.1 Unit employees shall be allowed five (5) days absence, exclusive of Saturdays,
19
Sundays, and legal holidays, from assigned duty without loss of salary for the death
20
of any member of his/her “immediate family,” as defined in section 5.3. Unit
21
employees may request an additional three (3) days in the event of the death of their
22
spouse, child or domestic partner if requested.
23
5.2 Allowable leave shall not be accumulated from year to year.
24
5.3 “Member of the immediate family” means the mother, father, grandfather,
25
grandmother, or a grandchild of the employee or of the spouse of the employee; and
26
the spouse, son, son-in-law, daughter, daughter-in-law, brother, sister or domestic
27
partner of the employee; any relative living in the immediate household of the
28
employee and any individual who permanently resides in the employee’s residence.
29
30
Section 6. Family Illness Leave
31
6.1 Whenever a unit employee is compelled to absent him/herself from assigned
32
duty to care for an ill or injured member of the employee’s immediate family, as
33
48
defined in Section 5.3, the employee shall be allowed full compensation for up to a
1
total of five (5) days per school year. Verification of the illness may be required.
2
Allowable leave shall not be accumulated from year to year.
3
6.2 Employees serving less than a full school year and/or less than a full time basis
4
shall be allowed such family illness leave in proportion that the time served bears to
5
a school year of full time service.
6
7
Section 7. Industrial Accident or Illness Leave
8
7.1 Unit employees who are entitled to compensation insurance benefits due to
9
injury or illness incurred while engaged in lawfully assigned functions or activities as
10
a school District employee, shall be allowed industrial accident or illness leave
11
subject to the following conditions:
12
7.1.1 The accident or illness must have arisen directly out of and in the
13
course of employment by the District; must have been reported and verified
14
according to administrative regulations; and must be accepted by the District
15
Compensation Insurance Fund as a bona fide injury or illness arising out of
16
and in the course of such employment.
17
7.1.2 The number of days of industrial accident or illness leave during the
18
assigned period of service in any one school year shall not exceed sixty (60)
19
days for the same accident or illness, exclusive of Saturdays, Sundays, and
20
legal holidays, excepting that when an industrial accident or illness leave
21
overlaps into the contract period of service for the next fiscal year, the
22
employee shall be entitled to only the amount of unused leave due to him or
23
her for the same illness or injury.
24
7.1.3 Allowable leave shall not be accumulated from year to year.
25
7.1.4 The benefits provided by this Section shall not be applied
26
retroactively to an injury or illness occurring prior to initiation of service with
27
the District.
28
7.1.5 The leave shall commence on the first day of absence, and the amount
29
of allowable leave shall be reduced by one day for each day of absence
30
authorized by said leave.
31
7.1.6 A unit employee absent because of injury or illness that arose out of
32
and in the course of his/her employment, and for which he/she is receiving
33
49
temporary disability benefits under Worker’s Compensation laws of the State,
1
shall, during any such paid leave of absence, endorse to the District the
2
temporary disability indemnity checks received under Worker’s Compensation
3
laws on account of his/her industrial accident or illness. The District shall, in
4
return, make necessary adjustments for issuance to the employee of
5
appropriate salary warrants for payment of the employee’s salary, and shall
6
deduct normal retirement, withholding tax, and other authorized contributions.
7
7.1.7 After allowable industrial accident or illness leave is exhausted,
8
accumulated or available sick leave and/or other available leave benefits may
9
be applied against the employee’s continuing absence for the same injury,
10
and the employee shall continue to endorse to the District his Worker’s
11
Compensation insurance fund checks for the absence covered by such leave
12
benefits. In applying such leave benefits to such continuing absence, the
13
number of days credited against such leave benefits shall be in proportion to
14
the amount of daily salary that is paid by Worker’s Compensation benefits;
15
and the employee’s leave balances available from the District shall be
16
decreased in proportion to the amount of daily salary that is paid by the
17
District. The Superintendent/designee shall be responsible for determining
18
the formula by which computations shall be made of the proportionate
19
amounts of daily salary paid by Worker’s Compensation and by the District.
20
7.1.8 Any employee receiving benefits under this Section shall, during periods
21
of injury or illness, remain within the State of California unless the District
22
authorizes travel outside the State. Any employee who violates the
23
provisions of this paragraph shall be required to reimburse the District for
24
benefits received on the days during which said employee was outside the
25
State on unauthorized travel.
26
27
Section 8. Judicial and Official Appearances Leave
28
Whenever a unit employee is necessarily absent in order to appear as a witness in
29
court other than as a litigant, or to respond to an official order from another
30
governmental jurisdiction for reasons not brought about through the connivance or
31
misconduct of the employee, or to answer a call for jury duty, said call having been
32
served in the manner provided by law, the employee shall receive the difference
33
50
between his/her regular salary and any amount he/she receives as witness or juror
1
fees, excepting, however, that time spent in answer to a federal subpoena outside
2
the State of California is subject to approval by the District. In a case where
3
acceptance of regular jury duty by a unit employee would tend to disrupt materially
4
the Districts’ operations, the Superintendent or his designated representative may
5
confer with the affected employee and/or the County Jury Commissioner; provided,
6
however, that an employee shall neither be encouraged nor solicited to request
7
exemption from jury duty nor discriminated against on account of leaves taken
8
pursuant to this Section.
9
10
Section 9. Military Leave
11
9.1 A military leave of absence shall be granted to any probationary or permanent
12
unit employee who enters the active military service of the United States, the State
13
of California, or the United States Merchant Marine, or the full time paid service of
14
the American Cross, during any period of national emergency declared by the
15
President of the United States, or during any war in which the United States is
16
engaged.
17
9.2 A permanent unit employee shall be entitled to return to the position held by
18
him/her at the time of his/her entrance into such service, provided such return is
19
within six (6) months after he/she honorably leaves such service or has been placed
20
on inactive duty. A probationary unit employee who has been employed in excess of
21
one year in a position in which he/she has not become a permanent employee shall
22
be entitled to return to such position for the period his/her employment contract had
23
to run at the time of entry into such service, provided such return is within six (6)
24
months after he/she honorably leaves such service or has been placed on inactive
25
duty.
26
9.3 A unit employee who is granted a military leave shall earn service increments the
27
same as he/she would have earned such increments had he/she continued his/her
28
position with the District. The time served on military service shall be included as
29
service in computing retirement benefits, but it shall not be counted as a part of the
30
service required as a condition precedent to attaining permanent classification.
31
9.4 A unit employee who is a member of the reserve corps of the armed forces of the
32
United States, or of the National Guard or State Militia, shall be entitled to temporary
33
51
military leave of absence while ordered by proper authority to participate in training,
1
or special exercises, in accordance with of the Military and Veterans Code and the
2
Education Code. The provisions of said Codes notwithstanding, the employee shall,
3
when possible, arrange intermittent periods of temporary military duty when school is
4
not in session.
5
9.5 Salary paid by the District for a portion of the period of authorized military leave
6
for employees shall be in accordance with the Military and Veterans Code and the
7
Education Code.
8
9
Section 10. Sabbatical Leave
10
10.1 A sabbatical leave of absence not to exceed one school year for the purpose of
11
permitting professional study, travel, or research may be granted a permanent
12
certificated employee of the District, subject to the following conditions:
13
10.1.1 The employee shall have satisfactorily completed at least seven (7)
14
consecutive school years of service to the District immediately preceding the
15
school year for which sabbatical leave is requested. Service on at least
16
seventy-five percent (75%) of the number of days of the regular schools of
17
the District were in session during each of said seven (7) school years shall
18
be required as a prerequisite to eligibility for sabbatical leave consideration.
19
10.1.2 Not more than one sabbatical leave shall be granted a permanent
20
certificated employee in each seven (7) year period.
21
10.1.3 The employee requesting sabbatical leave shall develop, present, and
22
arrange to fulfill an acceptable program of activity that will be of benefit to the
23
schools and pupils of the District.
24
10.1.4 The employee on sabbatical leave shall be paid one-half of the basic
25
salary that he or she would have received had he or she not been on
26
sabbatical leave or, at the option of the District with the concurrence of the
27
employee, the difference between the employee’s basic salary and the basic
28
salary of the employee’s replacement.
29
10.1.5 Except for reasons of death, or physical or mental disability, the
30
employee shall be required to serve the District for at least two (2) years
31
following return from sabbatical leave. He/she shall indemnify the District
32
against loss in the event of failure to render such service by furnishing in
33
52
advance of the subject leave a suitable bond in accordance with Education
1
Code provisions.
2
10.1.6 The time served on sabbatical leave shall be included as a year of
3
service in computing District retirement benefits, in qualifying for service
4
increments on the salary schedule, and as service in computing longevity.
5
10.1.7 Subject to the availability of District funds and the availability of
6
competent and properly qualified persons to fill the positions held by
7
employees requesting sabbatical leave, the number of employees on
8
sabbatical leave in any school year shall not exceed one percent (1%) of the
9
total number of unit employees of the District.
10
10.1.8 Health insurance benefits provided for full time unit employees shall
11
also apply to personnel on sabbatical leave.
12
10.1.9 Following the period of sabbatical leave, an employee shall be
13
permitted to return to his former school and teaching assignment unless a
14
request is submitted and granted for transfer to another assignment, or there
15
is a reduction in the size of the school staff.
16
17
Section 11. Pregnancy/Maternity Leave
18
11.1 Maternity leave of absence shall be granted to any employee who is required
19
to be absent from duty because of pregnancy, miscarriage, childbirth, and recover
20
therefrom. The length of the maternity leave, including the date on which the leave
21
should commence and the date on which the employee shall resume duties, shall be
22
determined by the employee and her physician.
23
11.2 The employee is entitled to use accumulated sick leave, including extended
24
sick leave when physically disabled or otherwise incapacitated from performing
25
duties because of pregnancy, miscarriage, childbirth, and recovery there from. Per
26
California Family Rights Act (CFRA), after the exhaustion of all paid leave, the
27
employee will be entitled to differential pay as specified in Section 1.3. A certificate
28
of good health from the attending physician shall be submitted prior to reinstatement
29
from maternity leave.
30
31
32
33
53
Section 12. Health/Family Hardship Leave
1
12.1 A permanent unit employee may request a leave of absence without salary not
2
to exceed one (1) school year to restore health, or alleviate a hardship of an
3
employee or member of the employee’s family as defined in Section 5.3.
4
12.2 The Superintendent/designee will consider the following prior to granting
5
approval of leave under this section:
6
12.2.1 Length of satisfactory service with the District.
7
12.2.2 Previous absence and leave record of the employee.
8
12.2.3 Difficulty to replace a “hard to fill” position, as determined by the
9
District.
10
12.2.4 Circumstances under which the request for such leave is made.
11
12.2.5 The reasonableness of the request.
12
12.2.6 Reasonable expectation that the employee will return to duty.
13
14
Section 13. Professional Leave
15
13.1 A permanent certificated employee may be granted a professional leave of
16
absence without salary not to exceed one (1) school year for the purpose of
17
professional study, travel, or teaching outside the continental United States that will
18
result in benefit to the schools and students of the District.
19
13.2 When an employee requests professional leave, the program of professional
20
study or travel or teaching assignment outside the continental United States shall be
21
subject to advance approval by the Superintendent/designee.
22
13.3 Following the period of professional leave, the District has the right of
23
assignment.
24
25
Section 14. Personal Leave
26
14.1 In sufficiently extenuating circumstances, a unit employee may be granted a
27
personal leave of absence as defined below:
28
14.1.1 A voluntary personal leave of absence without salary for not to exceed
29
one (1) school year may be granted a permanent employee when good
30
reason for the requested leave exists, when a competent and properly
31
qualified person is available to fulfill his/her functions with the District during
32
54
the term of absence, and when the granting of such leave will be of benefit to
1
the District as well as the subject employee.
2
14.1.2 A unit employee of the District shall be placed on compulsory,
3
involuntary personal leave of absence when he/she has been charged in
4
conformity with legal requirements with alleged sex offenses, incompetence
5
due to mental or physical disability, or other similar charges detrimental to the
6
interests of the schools and the pupils of the District.
7
14.1.3 The period of time of such a compulsory, involuntary leave and the
8
compensation paid during such period of time shall be in accordance with
9
applicable mandatory provisions of the Education Code.
10
11
Section 15. Association Leaves
12
15.1 Subject to advance written request of no less than three (3) months, the
13
President of the Association or his/her designee shall, during the term hereof, be
14
granted leave without pay for up to one (1) year, subject to the following:
15
15.1.1 The leave shall be for a period of no less than one (1) trimester
16
semester in the case of for elementary employees, and one (1) quarter for
17
secondary employees.
18
15.1.2 The Association shall reimburse the District for the costs of the
19
employee’s insurance, retirement and Worker’s Compensation while the
20
employee is on leave.
21
15.1.3 The employee will not accrue leave benefits while absent from his/her
22
normal District assignment.
23
15.2 When and to the extent that such will not, in the judgment of the District,
24
interfere with the educational programs of the District or a school or department,
25
representatives of the Association shall be grated a cumulative unit total of up to ten
26
(10) days leave per school year to be taken in units of no less than one (1) work day.
27
The Association shall reimburse the District the costs incurred for a substitute.
28
15.3 The leaves authorized by this Section shall be used for normal and usual
29
Association activities that are in compliance with law and this Agreement.
30
31
32
33
55
Section 16. Family and Medical Care Leave
1
16.1 The District will provide family and medical care leave for eligible employees as
2
required by State and Federal law. The following provisions, together with the
3
Department of Labor regulations implementing the Federal Family and Medical
4
Leave Act of 1993 (“FMLA”), and the regulations of the California Fair Employment
5
and Housing Commission implementing the California Family Rights Act (“CFRA”)
6
(Government Code Sec. 12945.2), define the rights and obligations of unit members
7
in connection with Family and Medical Care Leave. Unless otherwise provided by
8
this Article, “Leave” under this Article shall mean leave pursuant to the FMLA and
9
CFRA.
10
16.2 Eligible members are entitled to a total of 12 workweeks of leave during a 12-
11
month period. A member’s entitlement to leave for the birth of a child or placement
12
of a child for adoption or foster care expires 12 months after the birth or placement.
13
The 12-month period for calculating leave entitlement will be a “rolling period”
14
measured backward from the date leave is taken and continues with each additional
15
leave day taken. Thus, whenever a member requests leave, the District will look
16
back over the previous 12-month period to determine how much leave has been
17
used in determining how much leave a member is entitled to. A member’s request
18
for leave of less than two weeks duration will not be granted absent medical
19
certification that such leave is medically necessary.
20
16.3 If a member requests leave for any reason permitted in Section 16.1, he/she
21
must exhaust all accrued leaves (except sick leave) in connection with the leave.
22
16.4 Members shall fill out the appropriate District forms to be eligible for leave.
23
Such forms will enable the District to satisfy its record keeping obligations.
24
16.5 Leave under this section shall run consecutive to, not concurrent with, other
25
leaves available to the unit member.
26
16.6 Leave under this section shall entitle the unit member to all medical benefits of
27
employment for a total of 12 weeks, on the same basis as if the unit member were
28
not on leave.
29
16.7 Not entitled to salary benefits while on this leave.
30
31
32
33
56
Section 17. Disability Leave
1
17.1 The District shall grant a leave of absence to any employee who has applied for
2
disability allowance from the State Teacher’s Retirement System (STRS). This
3
leave shall not extend thirty (30) days beyond the final determination of the disability
4
allowance. If the employee is determined to be eligible for the disability allowance
5
by STRS, the leave shall be extended for the term of the disability, but not more than
6
thirty-nine (39) months from the date of the notification of the determination.
7
8
Section 18. General
9
18.1 Unit employees intending to utilize leaves under this Article shall notify their
10
immediate superior thereof as far in advance as possible.
11
18.2 The District reserves the right to verify by all reasonable means that the leave
12
benefits are not abused, including requiring an employee to submit a signed
13
declaration and/or other proof to substantiate the use of leave time.
14
18.3 The failure to report for assignment at the expiration of any type of leave shall
15
be considered equivalent to immediate, voluntary resignation from District
16
employment.
17
18.4 Inclusion of time spent on any type of leave for purposes of determining the
18
employee’s status relating to service computations shall be in accordance with
19
mandatory provisions of the Education Code except as expressly provided otherwise
20
in this Article.
21
22
ARTICLE XII
23
GRIEVANCE PROCEDURE
24
Section 1. Definitions
25
1.1 A “grievance” is a formal written allegation by a unit employee or the Association
26
that he/she/it has been affected by a violation of the specific provisions of this
27
Agreement. Actions to challenge or change the policies of the District as set forth in
28
the rules and regulations or administrative regulations and procedures, so long as
29
these are consistent with the terms of this Agreement, must be undertaken under
30
separate legal processes. Other matters for which a specified method of review is
31
provided by law are not within the scope of this procedure.
32
57
1.2 A “day” is a day in which the central administrative office of the District is open
1
for business.
2
1.3 The “immediate supervisor” is the lowest level administrator having immediate
3
jurisdiction over the grievant who has been designated by the District to adjust
4
grievances.
5
6
Section 2. Informal Level
7
Before filing a formal written grievance, the grievant shall attempt to resolve it by an
8
informal discussion with the grievant’s immediate supervisor.
9
10
Section 3. Formal Level
11
3.1 Level I: Within fifteen (15) days after the occurrence of the act or omission giving
12
rise to the grievance, or within fifteen (15) of his/her having reason to become aware
13
of it, whichever is later, the grievant must present such grievance in writing to the
14
immediate supervisor. This shall be a clear, concise statement of the grievance, the
15
circumstances involved, the specific provision of the Agreement alleged to have
16
been violated, and the specific remedy sought. The supervisor shall communicate a
17
decision to the employee in writing within ten (10) days after receiving the grievance.
18
If the supervisor does not respond within the time limits, the grievant may appeal to
19
the next level. Within the above time limits, either party may request a personal
20
conference with the other party.
21
3.2 Level II: In the event the grievant is not satisfied with the decision at Level I, the
22
grievant may appeal the decision to the Superintendent or designee within fifteen
23
(15) days. This statement should include a copy of the original grievance, the
24
decision rendered, and a clear, concise statement of the reasons for the appeal. The
25
Superintendent or designee shall communicate a decision within fifteen (15) days
26
after receiving the appeal. Either the grievant or the Superintendent or designee
27
may request a personal conference within the above time limits. If the
28
Superintendent or designee does not respond within the time limits, the grievant may
29
appeal to the next level.
30
3.3 Level III: If the grievant is not satisfied with the decision at the previous level
31
or if there is no decision within the time limits, the grievant may, within ten (10) days
32
of receipt of the decision or the exhaustion of the time limits, request the Association
33
58
submit the grievance to mediation/arbitration. The Association, if it elects to pursue
1
the grievance, shall submit the grievance to mediation/arbitration within fifteen (15)
2
days of the receipt of the decision or the exhaustion of the time limits.
3
3.3.1 If the Association submits to mediation/arbitration, the parties shall
4
request the services of a mediator from the State Mediation and Conciliation
5
Service. The mediator shall first attempt to resolve the grievance through
6
mediation. If, in the judgment of the mediator, mediation will not bring about
7
resolution, the mediator shall become the arbitrator and shall render a
8
decision, which shall be reduced to writing and which shall be final and
9
binding except decisions pertaining in whole or part to Article VIII, Section
10
9.2.2 (Evaluation Procedure) and/or Article XIII (Safety), which shall be
11
advisory only and shall be submitted to the Board of Education for its
12
determination. The arbitrator will have no power to add to, subtract from or
13
modify the terms of this Agreement or such written policies, rules, regulations,
14
procedures of the District that are not in violation of the terms of this
15
Agreement. Neither party shall be permitted to assert any ground in
16
arbitration if such ground was not disclosed to the other party prior to the
17
decision being appealed to mediation/arbitration, or to assert any evidence
18
known but not disclosed in response prior to the decision being appealed.
19
3.3.2 Either party may elect to separate mediation and arbitration in lieu of the
20
mediation/arbitration procedure above. If separated, mediation shall precede
21
arbitration. Separated arbitration shall be final and binding and conducted
22
pursuant to the rules of the American Arbitration Association. The fees and
23
expenses of the arbitrator shall be borne equally by Association and District.
24
All other expenses shall be borne by the party incurring the expenses. The
25
arbitrator shall be bound by the same rules as the arbitrator in the
26
mediation/arbitration procedure above.
27
28
Section 4. General
29
4.1 Failure of District representatives to comply with time limits shall entitle the
30
grievant to appeal to the next level of review; failure of the grievant to comply with
31
such time limits shall constitute abandonment of the grievance. The parties may
32
extend time limits by mutual written agreement in advance.
33
59
4.2 Where more than one grievant alleges identical claims arising simultaneously out
1
of the same facts and circumstances and they have different immediate supervisors,
2
a group grievance may be filed at Level II. Grievants shall identify and sign the
3
group grievance.
4
4.3 Conferences provided for under this procedure shall be conducted at a time and
5
place which will afford a fair and reasonable opportunity to those entitled to be
6
present to attend. When such conferences are held during the work day hours, all
7
persons who participate shall be excused with pay for that purpose.
8
4.4 The grievant(s) be represented at all Levels under this procedure.
9
10
Section 5. Mediation under Article X, Class Size
11
Grievances alleging violation of Sections 1 and/or 2 of Article X, Class Size, if not
12
resolved at Level I, may be submitted to mediation. Mediation, if requested, shall
13
occur before Level II review, and shall be arranged for through the State Mediation
14
and Conciliation Service.
15
16
ARTICLE XIII
17
SAFETY
18
Section 1.
19
Safety is a collective responsibility.
20
21
Section 2.
22
The District will continue to endeavor to provide for on-the-job safety for unit
23
employees in accordance with Board Policy 3514.
24
25
Section 3.
26
A current employee may file a statement reporting a perceived unsafe working
27
condition with the Districts’ Safety Coordinator. The Safety Coordinator shall cause
28
the reported violation to be investigated consistent with Board Policy 3514, and shall
29
within ten (10) working days advise the reporting employee of any follow-up action
30
taken or to be taken.
31
32
60
Section 4: Notification to Teachers of Pupils Whose Actions Are Grounds For Suspension
1
or Expulsion. District shall notify unit members in accordance with Education Code
2
Section 49079
3
4
ARTICLE XIV
5
PUBLIC CHARGES
6
7
Section 1.
8
No unsatisfactory formal evaluation shall be predicated upon information or material
9
of a derogatory or critical nature which has been received by the evaluator from
10
students, parents, and/or citizens unless the following procedures have been
11
followed. Nothing herein shall preclude an unsatisfactory evaluation where such
12
evaluation is based in whole or in part on other information or materials.
13
14
1.1 Any student, parent or citizen complaint about a unit member which may
15
result in: discipline; a letter of reprimand; a derogatory entry into the personnel file; a
16
negative comment on an evaluation; or a negative evaluation shall be reported to the
17
unit member by the administrator receiving the complaint within ten (10) days of
18
receipt.
19
1.2 Should the unit member or the immediate supervisor believe that the allegations
20
warrant a meeting, the immediate supervisor shall attempt to schedule a meeting
21
between the unit employee, the complainant and the immediate supervisor.
22
1.3 If there is no meeting, or if the matter is not resolved at the meeting to the
23
satisfaction of the complainant, the complainant may reduce the complaint to writing
24
and submit the original to the unit member’s immediate supervisor and a copy to the
25
unit member.
26
1.4 If no written complaint is received the matter shall be dropped.
27
28
Section 2.
29
Anonymous complaints and complaints which the District concludes are without
30
merit shall neither be placed in the unit employee’s personnel file nor utilized in any
31
evaluation or disciplinary action against the unit employee. For purposes of this
32
agreement “anonymous complaints” does not include complaints in which a person
33
61
complains about a teacher’s conduct and either fails or refuses to provide his/her
1
complaint or name in writing, but the District provides such information to the unit
2
member in writing.
3
4
Section 3.
5
Notwithstanding the above, nothing in this article will be construed to prevent the
6
District from investigating matters and, if appropriate, taking adverse action against
7
an employee regarding matters involving criminal conduct and/or conduct in which
8
the District has a legal obligation to pursue.
9
10
ARTICLE XV
11
PERSONNEL FILES
12
13
Section 1.
14
A member of the Bargaining Unit shall be permitted to review, upon reasonable
15
notice, the District’s personnel file. Members are permitted to review the personnel
16
file during non-duty hours.
17
18
1.1 Viewable material shall not include ratings, reports or records which (1) were
19
obtained prior to the employment of the member of the Bargaining Unit involved, (2)
20
were prepared by identifiable examination committee members, or (3) were obtained
21
in connection with a promotional opportunity.
22
1.2 Information of a derogatory nature, except material mentioned in 1.1 above, shall
23
not be entered or filed in the personnel file of a member of the Bargaining Unit until
24
the member is given written notice an opportunity to respond. The derogatory
25
material will be placed into the personnel file ten (10) days after the unit member has
26
received the written notice.
27
28
Section 2.
29
If derogatory material (other than Final Evaluation forms and Evaluation Observation
30
instruments) which the employee believes to be unfounded is placed (or will be
31
placed) in an employee’s personnel file, the employee may initiate a grievance to
32
determine the veracity of the derogatory material.
33
62
Section 3.
1
There shall be only one official personnel file for each employee which the District
2
shall maintain at the District’s central office. Any files kept by the employee’s
3
immediate supervisor or any other agent of the District who may act as the
4
employee’s evaluator shall not contain any materials not found in the official file.
5
The contents of the personnel files shall be kept in the strictest confidence.
6
7
ARTICLE XVI
8
RESIGNATIONS
9
10
Employment with the District may be terminated before the end of the term of the
11
Notice of Employment by mutual agreement of both parties. Educators who resign
12
from their individual Notice of Employment for other than health or retirement
13
purposes shall forfeit an amount equal to two percent (2%) of the salary schedule
14
base if the resignation is received between July 1 and October 1. Appropriate
15
notification to the Commission on Teacher Credentialing shall be made for any
16
educator who abandons his/her position.
17
18
ARTICLE XVII
19
TERM AND EFFECT OF AGREEMENT
20
21
Section 1.
22
This Agreement applies to employees who are unit employees on and after the date
23
of this Agreement legally goes into effect. This Agreement shall remain in full force
24
and effect through June 30, 2021. For the 2019-2020 and 2020-2021 school years,
25
the parties agree to reopen salary, employee benefits and two other items each.
26
27
Section 2
28
If any section or provision of the Agreement violates applicable law, then such law
29
shall supersede such provision or section.
30
31
Section 3.
32
The wages, hours, and terms and conditions of employment, as that term is defined
33
63
in Government Code Section 3543.2, of unit employees shall not be reduced or
1
eliminated except as provided by the terms of this Agreement.
2
3
Section 4.
4
The lawful provisions of the Agreement are binding upon the parties thereof. The
5
Association shall have the right to reopen negotiations on any change by the District
6
to working conditions not covered by the contract language.
7
8
Section 5.
9
This Agreement constitutes the total and entire agreements between the parties and
10
no verbal statement shall supersede any of its provisions.
11
12
Section 6.
13
It is understood and agreed that the specific provisions contained in this Agreement
14
shall prevail over District practices and procedures and over State laws to the extent
15
permitted by State law.
16
17
Section 7.
18
The Parties agree to support this Agreement, and, apart from any legal restrictions
19
on concerted activities, the Association recognizes its contractual duty to induce unit
20
employees to faithfully, efficiently, and uninterruptedly render service during its term.
21
The Association shall be liable for its contractual obligations under this Section until
22
it has fully complied with its statutory negotiation and impasse obligations in
23
connection with the negotiation of a successor agreement after the completion of the
24
term hereof. It is understood and agreed that the provisions of this Section do not
25
affect the Districts’ rights and remedies other than its remedies at law for breach of
26
contract.
27
28
Section 8.
29
No Single Plan for Student Achievement site plan provision shall alter, modify,
30
violate or supersede, except as mutually agreed in writing by the District and
31
Association, this agreement or any other formal understanding, condition or practice
32
64
established between the parties. The foregoing shall apply to any plans the District
1
intends to implement.
2
3
ARTICLE XVIII
4
SAVINGS CLAUSE
5
6
If any provisions of this Agreement are held to be contrary to law by a court of competent
7
jurisdiction, such provisions will not be deemed valid and subsisting except to the extent
8
permitted by law, but all other provisions will continue in full force and effect.
9
10
Dated: July 17, 2018
11
12
SANTA BARBARA TEACHERS ASSOCIATION
13
14
15
16
By ___________________________________
17
Karen McBride, President
18
19
20
SANTA BARBARA UNIFIED SCHOOL DISTRICT
21
22
23
24
By ____________________________________
25
Jacqueline Reid, PhD Board President
26
27
28
29
30
31
32
33
65
EXHIBIT “A”
1
UNIT DESCRIPTION
2
3
All non-management, non-supervisory, non-confidential, regular school year,
4
probationary and permanent regular full-time and part-time certificated employees, and
5
such regular temporary employees and instructors who are continuously employed under
6
contract for a regular school semester or more. Included in the unit are certificated Child
7
Development employees and permanent part-time, temporary, and specially funded
8
persons who are employed to perform duties uninterruptedly under contract at least a
9
regular school semester.
10
11
SHALL EXCLUDE:
12
All management (as designated in District Resolution 75/76-10), supervisory and
13
confidential employees, limited term employees who are employed uninterruptedly for less
14
than a regular school semester, and all irregular/casual (e.g., substitutes and
15
home/hospital) employees.
16
17
66
EXHIBIT “B”, “B-1”, “B-2”, “B-3”, “B-4”, “B-5”, “B-6”, “B-7”, “B-8”, “B-9”, “B-10”, “B-11”,
1
“B-12”, “B-13”, “B-14”, “C” and “C-1”
2
3
4
SALARY SCHEDULES FOR CERTIFICATED PERSONNEL
5
6
Exhibit B
7
8
SCHEDULE I: Certificated Personnel other than Administrative Management and
9
Children's Center employees. (Schedule I applies to teachers, librarians, counselors, etc.
10
For School Psychologist, school Nurses, Speech Language Pathologists, Certified Behavior
11
Analyst and Children's Centers, see respective Schedules.) This schedule is broken down
12
into 3 Classes: Class I (BA + less than 45 units), Class II (BA + 45-59 units) and Class III
13
(BA + 60 units.)
14
15
What Units Count?
16
TRAINING CLASSES:
17
CLASS I: Certificated personnel with a Bachelor's Degree or a Designated Subject
18
credential and less training than a Bachelor's Degree and less than 45
19
semester units (67-1/2 quarter units) of upper division or graduate work after
20
completion of the Bachelor's Degree, said work to be in accordance with a
21
plan developed by the Class Transfer and Leave Committee.
22
23
CLASS II: Certificated personnel with between 45 and 59 semester units (67-1/2 to 89-
24
1/2 quarter units) of upper division or graduate work after completion of the
25
Bachelor's Degree, said work to be in accordance with a plan developed by
26
the Class Transfer and Leave Committee; and with Bachelor's Degree plus
27
regular Class A Vocational Arts Credentials.
28
29
CLASS III: Certificated personnel with 60 semester units (90 quarter units) of upper
30
division or graduate work after completion of the Bachelor's Degree, said
31
work to be in accordance with a plan developed by the Class Transfer and
32
Leave Committee.
33
34
67
EXPERIENCE CREDIT: Experience credit for initial placement on the basic salary
1
schedule shall be limited to eight years, and for the life of this contract an additional year of
2
service will be added up to 11 year. Experience credit may consist of:
3
4
1. Approved teaching experience ** A year's credit requires at least a 60% assignment
5
for 75% of a school year. Parts of years are not added together to make a year,
6
except that two consecutive, full semesters of service may constitute one year of
7
experience.
8
9
2. One year of credit for each 750 hours of teaching experience as a home-hospital
10
teacher, done under the authorization of a regular teaching credential, and since July
11
1, 1962.
12
13
3. One year of credit for each full twenty-four calendar months of active military service,
14
to a maximum of three years credit (for six years of service). Teaching experience in
15
military service that appears to be relevant to the teacher's classroom assignment
16
may be credited as teaching experience rather than as military service.
17
18
For Hard to Fill Positions (this includes School Psychologists, Special Education Teachers
19
(mod/severe) and Speech Language Pathologists) years of experience credit for initial
20
placement on the basic salary schedule shall be limited to ten (10) years for identified ‘hard-
21
to-fill’ positions.
22
23
** Experience Credit --Approved teaching experience shall include service performed in
24
District Children's Centers. Counselors and other guidance personnel: Credit for initial
25
placement on the salary schedule shall be limited to a maximum of seven years, and may
26
consist of approved full-time psychological or social work experience in conjunction with
27
children.
28
29
Exhibit B-1
30
ADVANCED DEGREES
31
Master's Degree: Certificated employees holding Master's Degrees shall
32
receive a stipend in addition to their respective salaries.
33
68
1
In addition to receiving the existing stipend for a Master’s Degree, elementary
2
and secondary classroom teachers who earn or have earned a Master’s
3
degree in mathematics, English/Language Arts, Science or Social Science
4
will receive an additional stipend annually, provided the teacher instructs in
5
the content area in which the Master’s is earned.
6
Doctor's Degree: Certificated employees holding earned Doctor's Degrees
7
shall receive a stipend in addition to their respective salaries.
8
9
Exhibit B-2
10
SPLIT ASSIGNMENT: Other than itinerant by definition (i.e., at least two different sites)
11
certificated staff shall be compensated at the per semester stipend plus appropriate
12
mileage.
13
14
Exhibit B-3
15
SALARY RATES FOR HOURLY CERTIFICATED PERSONNEL:
16
There are two rates paid for hourly work. There is a with student rate (Summer Session and
17
other classroom) and a rate without students (Curriculum Workshop rate).
18
19
Exhibit B-4
20
SALARY DIFFERENTIALS FOR SPECIAL CERTIFICATED ASSIGNMENTS:
21
These rates are paid on the annual notice of employment. Head Counselors and Special Ed
22
Chairperson on based on the number of periods in the department. A 1.0 FTE is equivalent
23
to 5 periods.
24
25
Exhibit B-5
26
Additional Days – Time Factors on Base Pay: All certificated personnel who work
27
beyond the number of days regular teachers are required to be on duty shall be paid by
28
using the following time factor times their salary:
29
30
69
Exhibit B-6 & B-7
1
CERTIFICATED SPEECH LANGUAGE PATHOLOGIST & BOARD CERTIFIED
2
BEHAVIOR ANALYST
3
Exhibit B-6 and B-7 reflect the Speech Language Pathologist and Board Certified Behavior
4
Analyst Base Pay Salary based on # of work days. All Speech Language Pathologists and
5
Board Certified Behavior Analysts hired after July 1, 2013 are on the 200 day work
6
calendar.
7
8
TRAINING CLASSES:
9
CLASS I: Certificated personnel with a Bachelor's Degree or a Designated Subject
10
credential and less training than a Bachelor's Degree and less than 45
11
semester units (67-1/2 quarter units) of upper division or graduate work after
12
completion of the Bachelor's Degree, said work to be in accordance with a
13
plan developed by the Class Transfer and Leave Committee.
14
15
CLASS II: Certificated personnel with between 45 and 59 semester units (67-1/2 to 89-
16
1/2 quarter units) of upper division or graduate work after completion of the
17
Bachelor's Degree, said work to be in accordance with a plan developed by
18
the Class Transfer and Leave Committee; and with Bachelor's Degree plus
19
regular Class A Vocational Arts Credentials.
20
21
CLASS III: Certificated personnel with 60 semester units (90 quarter units) of upper
22
division or graduate work after completion of the Bachelor's Degree, said
23
work to be in accordance with a plan developed by the Class Transfer and
24
Leave Committee.
25
26
Master's Degree: Certificated employees holding Master's Degrees shall
27
receive a stipend in addition to their respective salaries. See Exhibit B-1.
28
29
Doctor's Degree: Certificated employees holding earned Doctor's Degrees
30
shall receive a stipend in addition to their respective salaries. See Exhibit B-1.
31
32
70
EXPERIENCE CREDIT: Experience credit for initial placement on the basic salary
1
schedule shall be limited to eight years, and for the life of this contract an additional year of
2
service will be added up to 11 year. Experience credit may consist of:
3
4
1. Approved experience ** A year's credit requires at least a 60% assignment for 75%
5
of a school year. Parts of years are not added together to make a year, except that
6
two consecutive, full semesters of service may constitute one year of experience.
7
2. One year of credit for each 750 hours of experience as a home-hospital teacher,
8
done under the authorization of a regular teaching credential, and since July 1, 1962.
9
3. One year of credit for each full twenty-four calendar months of active military service,
10
to a maximum of three years credit (for six years of service). Teaching experience in
11
military service that appears to be relevant to the teacher's classroom assignment
12
may be credited as teaching experience rather than as military service.
13
14
For Hard to Fill Positions (this includes School Psychologists, Special Education Teachers
15
(mod/severe) and Speech Language Pathologists) years of experience credit for initial
16
placement on the basic salary schedule shall be limited to ten (10) years for identified ‘hard-
17
to-fill’ positions.
18
19
** Experience Credit -- Credit for initial placement on the basic salary schedule shall be
20
limited to eight years, and for the life of this contract an additional year of service will be
21
added up to 11 year. Experience credit may consist of approved full-time speech-language
22
pathologist experience in conjunction with children.
23
24
Exhibit B-8 & B-9
25
CERTIFICATED PSYCHOLOGIST
26
Exhibit B-8 and B-9 reflect the School Psychologist Base Pay Salary based on 200 work
27
days.
28
29
TRAINING CLASSES:
30
CLASS I: Certificated personnel with a Bachelor's Degree or a Designated Subject
31
credential and less training than a Bachelor's Degree and less than 45
32
semester units (67-1/2 quarter units) of upper division or graduate work after
33
71
completion of the Bachelor's Degree, said work to be in accordance with a
1
plan developed by the Class Transfer and Leave Committee.
2
3
CLASS II: Certificated personnel with between 45 and 59 semester units (67- 1/2 to 89-
4
1/2 quarter units) of upper division or graduate work after completion of the
5
Bachelor's Degree, said work to be in accordance with a plan developed by
6
the Class Transfer and Leave Committee; and with Bachelor's Degree plus
7
regular Class A Vocational Arts Credentials.
8
9
CLASS III: Certificated personnel with 60 semester units (90 quarter units) of upper
10
division or graduate work after completion of the Bachelor's Degree, said
11
work to be in accordance with a plan developed by the Class Transfer and
12
Leave Committee.
13
14
Master's Degree: Certificated employees holding Master's Degrees shall
15
receive a stipend in addition to their respective salaries. See Exhibit B-1.
16
17
Doctor's Degree: Certificated employees holding earned Doctor's Degrees
18
shall receive a stipend in addition to their respective salaries. See Exhibit B-1.
19
20
EXPERIENCE CREDIT: Experience credit for initial placement on the basic salary
21
schedule shall be limited to eight years, and for the life of this contract an additional year of
22
service will be added up to 11 year. Experience credit may consist of:
23
24
1. Approved experience ** A year's credit requires at least a 60% assignment for 75%
25
of a school year. Parts of years are not added together to make a year, except that
26
two consecutive, full semesters of service may constitute one year of experience.
27
2. One year of credit for each 750 hours of experience as a home-hospital teacher,
28
done under the authorization of a regular teaching credential, and since July 1, 1962.
29
3. One year of credit for each full twenty-four calendar months of active military service,
30
to a maximum of three years credit (for six years of service). Teaching experience in
31
military service that appears to be relevant to the teacher's classroom assignment
32
may be credited as teaching experience rather than as military service.
33
72
For Hard to Fill Positions (this includes School Psychologists, Special Education Teachers
1
(mod/severe) and Speech Language Pathologists) years of experience credit for initial
2
placement on the basic salary schedule shall be limited to ten (10) years for identified ‘hard-
3
to-fill’ positions.
4
5
** Experience Credit -- Credit for initial placement on the salary schedule shall be limited to
6
a maximum of eight years, and for the life of this contract an additional year of service will
7
be added up to 11 year. Experience credit may consist of approved full-time psychologist
8
experience in conjunction with children.
9
10
Exhibit B-10
11
HEAD COUNSELOR
12
Exhibit B-10 reflects Exhibit B with 18 additional days.
13
14
Exhibit B-11
15
COUNSELOR
16
Exhibit B-11 reflects Exhibit B with 9 additional days.
17
18
Exhibit B-12
19
ATHLETIC DIRECTORS
20
Exhibit B-12 reflects Exhibit B with 10 additional days.
21
22
Exhibit B-13
23
SCHOOL LIBRARIANS
24
Exhibit B-13 reflects Exhibit B with 5 additional days.
25
26
Exhibit B-14
27
TRAINING CLASSES FOR SCHOOL NURSES:
28
CLASS I: Nurses with B.S., R.N., or P.H.N.; or less than 30 units (45 quarter units) of
29
upper division or graduate work, said work to be in accordance with a plan
30
developed by the Class Transfer and Leave Committee.
31
CLASS II: Nurses with P.H.N. and 15 semester units (22-1/2 quarter units) of upper
32
division or graduate work after completing requirements for Class I; or 45
33
73
semester units (67-1/2 quarter units) of upper division or graduate work after
1
completing the requirements for Class I; said work to be in accordance with a
2
plan developed by the Class Transfer and Leave Committee.
3
4
CLASS III: Nurses with P.H.N. and 45 semester units (67-1/2 quarter units) of upper
5
division or graduate work after completing the requirements for Class I; or 60
6
semester units (90 quarter units) of upper division or graduate work after
7
completing the requirements for Class I, said work to be in accordance with a
8
plan developed by the Class Transfer and Leave Committee.
9
10
EXPERIENCE CREDIT FOR SCHOOL NURSES: Experience credit for initial placement
11
on the basic salary schedule shall be limited to eight years, and for the life of this contract
12
an additional year of service will be added up to 11 year. Experience credit may consist of:
13
14
1. Approved nursing experience (public health, pediatric, school nurse).
15
2. One year of credit for each full twenty-four calendar months of active military service,
16
to a maximum of three years' credit (for six years of service.) Nursing experience in
17
military service that appears to be relevant to school nursing may be credited as
18
nursing experience rather than as military service.
19
20
Exhibit C & Exhibit C-1
21
SCHEDULE II: EARLY CHILDHOOD EDUCATION CERTIFICATED PERSONNEL
22
PROGRAMS
23
Early Childhood Education/Children’s Centers and School Age are based on 225 Working
24
Days. These positions are based on 225 working days.
25
26
Early Childhood Education/Preschool Teachers based on 185 Working Days
27
These positions are based on 185 working days. Placement is based on Class I (BA), Class
28
II (BA + 15 semester units), Class III (BA + 30 semester units) and Class IV (BA + 45
29
semester units.)
30
31
74
CLASS I: Certificated personnel with a Bachelor's Degree or less, said work to be in
1
accordance with a plan developed by the Class Transfer and Leave
2
Committee.
3
4
CLASS II: Certificated personnel with a Bachelor’s Degree and between 1 and 15
5
semester units after completion of the Bachelor's Degree, said work to be in
6
accordance with a plan developed by the Class Transfer and Leave
7
Committee.
8
9
CLASS III: Certificated personnel with a Bachelor’s Degree and between 16 and 29
10
semester units after completion of the Bachelor's Degree, said work to be in
11
accordance with a plan developed by the Class Transfer and Leave
12
Committee.
13
14
CLASS IV: Certificated personnel with a Bachelor’s Degree and between 45 semester
15
units or more after completion of the Bachelor's Degree, said work to be in
16
accordance with a plan developed by the Class Transfer and Leave
17
Committee.
18
19
MASTER’S DEGREE: Early Childhood Education employees holding Master’s Degrees
20
shall receive a stipend in addition to their respective salaries. See Exhibit B-1.
21
22
EXPERIENCE CREDIT: Experience credit for initial placement on the salary schedule shall
23
be limited to a maximum of five years, and may consist of:
24
1. Approved experience in a licensed nursery school or children’s center program
25
2. Approved teaching in an elementary school.
26
3. Approved paid experience in a college or demonstration nursery or child-care
27
program.
28
29
CURRICULUM WORKSHOP/HOURLY TEACHING PERSONNEL: See Exhibit B-3
30
31
75
EXTENDED TIME: Regularly employed teachers who work extended time will be paid at
1
their regular contract rate. Fringe benefits that are provided for contract employees will not
2
be increased because of extended time.
3
4
Exhibit D
5
CO-CURRICULAR ACTIVITIES
6
These are stipends paid annually for co-curricular activities.
7
The following information applies to all salary schedules.
8
9
THE FOLLOWING INFORMATION APPLIES TO ALL SALARY SCHEDULES.
10
11
CLASS TRANSFER INFORMATION: Credits earned and submitted for credit toward
12
transfer to the next highest training class on the basic salary schedule shall be evaluated on
13
the following basis:
14
15
1. Their application toward a plan developed by the Class Transfer and Leave
16
Committee, said plan to be filed with the Committee by March 1 of the school year
17
preceding the effective date of transfer (the following July 1).
18
19
2. Full credit for allowable units earned after employment and/or within five years
20
immediately preceding employment in the school system.
21
3. One-half credit for allowable units earned more than five years prior to employment
22
in the school system.
23
24
4. One semester unit allowed for each 15 hours attendance in in-service courses set up
25
under the Santa Barbara School Districts. (Not more than 2/3 of the units for any
26
transfer may be in-service courses.)
27
28
When transferring to a higher salary class, the employee may move to the new class in
29
addition to advancing one step for the previous years’ experience credit. IN NO EVENT
30
SHALL AN EMPLOYEE BE ADVANCED MORE THAN ONE STEP INCREMENT IN ONE
31
YEAR.
32
33
76
SERVICE INCREMENTS: Each employee shall be advanced one-step increment at the
1
beginning of each school year, with the following provisions:
2
3
1. In order to be granted an annual increment, the principal or department head shall
4
certify to the Human Resources Administrator that the employee's services for the
5
year have been satisfactory.
6
7
2. A person who serves less than 75% of the number of days in the contract year for
8
his position shall not be granted an increment for the following year.
9
3. An employee who works less than a 60% time assignment shall not be granted an
10
increment for the following year. (For employees who continue on part- time
11
assignments over a period of years, this may be interpreted in relation to the current
12
time assignment as compared to the previous years' time assignments.)
13
14
INDEX RATES: All salaries for hourly personnel, department chairpersons, summer school
15
teachers, and others not on the basic schedule shall be determined by the index rates
16
based on the minimum (Class I, Step 1) of the basic salary schedule.
17
18
SALARY FOR INDIVIDUAL SEMESTER CLASS:
19
Teachers assigned additional classes above their regular assignment will be paid 1/5 pro
20
rata salary for each additional period they teach. Teachers at San Marcos High School who
21
teach assigned classes above their regular assignment will be paid 1/3 pro rata salary as
22
long as they remain on the current block schedule. Such assignments shall be made only
23
to alleviate problems with class schedules and/or class size. Such assignments shall be
24
mutually agreed upon by the Santa Barbara Teachers Association Executive Board and the
25
Assistant/Associate Superintendent of Secondary Education/Educational Services prior to
26
the start of working an additional assignment. The site administration will endeavor to offer
27
these assignments in a manner that reflects equity and opportunity among qualified
28
certificated employees.
29
30
PAYMENTS: Salary warrants are generally issued on the last workday of the calendar
31
month.
32
33
77
There are two choices of payment plan:
1
1. 12-payment plan: 16.67% will be withheld each month (September – June) from
2
your net pay. Prior to the 16.67% being withheld, you pay taxes and retirement on
3
1/10 of your gross salary each month. The withholding will be paid in two equal
4
payments in July and August.
5
2. 10-payment plan: 10 equal payments, September through June.
6
7
SALARY
8
Salary is defined as the (Position on Basic Schedule + Appropriate Position Differential)
9
+ Master’s Degree Stipend (Exhibit B-1) + Doctor’s Degree Stipend (Exhibit B-1) + Special
10
Assignment Differential (Exhibit 4).
11
12
SALARY FOR PARTIAL YEAR:
13
Any partial payments for persons working less than a full year shall be made on the basis of
14
the ratio of days worked to the days in the contract year. (The annual salary is divided by
15
the number of days in the employee’s contract year; this daily rate is multiplied by actual
16
days worked.) EXCEPTION: A person who serves a complete semester shall receive not
17
less than one-half of the established annual-rate.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
78
Exhibit E
1
2
REQUEST FOR A CONTRACT WAIVER:
3
This is not grievable and is informational only. These are SBTA bylaws.
4
5
A. All waivers will be presented to the Representative Council for Council’s
6
consideration.
7
B. No waiver shall be granted for more than the term of the school year in which the
8
waiver is granted.
9
C. Action on a waiver request shall not take place at the Representative Council
10
meeting at which a request is first presented.
11
D. The Representative Council will act on a written waiver request within 35 days of its
12
receipt by the Association, except that a waiver request presented at the last
13
Representative council meeting of the school year will be held over until the next
14
Representative Council meeting.
15
E. Where appropriate, waivers approved by the Representative Council will be
16
presented to the District Board of Trustees for the Trustees’ consideration.
17
F. Any unit member may bring forward a request for an individual request for a waiver
18
of the contract, or an agent of the District acting as representative of the District may
19
bring forward a request for a waiver of the contract.
20
G. Where a site or program would be impacted by a waiver request or is making a
21
waiver request, the request shall be approved by 70% of the unit, i.e. union
22
members and fee payers at the site or in the program, as determined by a secret
23
ballot vote conducted by the Association. A petition from 30% of the membership at
24
a site or program presented to the Association will trigger a secret ballot vote.
25
26
27
28
29
30
EXHIBIT B-5
ADDITIONAL DAYS – TIME FACTORS ON BASE PAY
1.025 - 5 days 1.15 - 27 days
1.050 - 9 days 1.20 - 36 days
1.075 - 14 days 1.25 - 48 days
1.081 - 15 days 1.10 - 18 days
EXHIBIT F
Elementary
Site PLC Lead (formerly “PLC Liaison”) TK-6
District PLC Lead (PK Only)
Duties
• Facilitate collaboration of grade-level PLC
• Serve as representative to SLT
• Facilitate PLC meeting
• Organize and maintain PLC records and resources
• Articulate with counterparts at other school sites
• Serve as representative to ad-hoc district-wide meetings
• Manage supplies
In collaboration with the Coordinator:
• Facilitate monthly PLC meeting
• Organize and maintain PLC records and resources
Secondary
Site PLC Lead
District PLC Lead
Department Lead
High
School
• English: 9, 10, 11, 12
• Math: I, II, III
• Science: Physics, Chemistry, Biology
• Social Science: World, US, Econ/Gov
• PE: 9/12
• Spanish
• Visual Arts
• ELD (if 2+ teachers) with future
adjustments
• CTE: variable by school/pathway
• Spanish Native Speakers
• VAPA Programs: Theater Arts,
Instrumental Music, Choral Music
• CTE Programs: Culinary Arts, Video
Production, Computer Science, Sports
Medicine
• Health
• CTE: variable by school/pathway
Category A:
• English
• Math
• Science
• Social Science
• PE
• Visual Arts
Category B (District PLC, but Site
Department):
• Visual Arts
• Performing Arts
HS & JHS
• French
• Librarians
• CTE: Construction Technology
Secondary (continued)
Site PLC Lead
District PLC Lead
Department Lead
Junior High
• English: 7, 8
• Math: 7, 8
• Science: 7, 8
• Social Science: 7, 8
• PE: 7/8
• Spanish
• VAPA Programs: Visual Arts, Theater
Arts, Instrumental Music, Choral
Music
• English
• Math
• Science
• Social Science
• PE
Category B (District PLC, but Site
Department):
• VAPA
Alternative
Ed
• AV: Middle College
• AV: AVIS/SPP
• AV: Quetzal
• LC: English
• LC: Math
• LC: Science
• LC: Social Science
• AV: Middle College
• AV: AVIS/SPP
• AV: Quetzal
• LC: English
• LC: Math
• LC: Science
• LC: Social Science
Duties
• Facilitate Site PLC meeting
• Organize and maintain Site PLC
records and resources
• Articulate with counterparts at other
school sites
• Potentially serve as a lead learner in
support of--and/or facilitate--district-
wide professional learning
• Facilitate District PLC meeting
• Organize and maintain District PLC
records and resources
• May serve as representative to SLT
pending site-based elections
• Serve as representative to District
meetings (ad hoc)
• Facilitate vertical articulation
• Potentially serve as a lead learner in
support of--and/or facilitate--district-wide
professional learning
*Participate in Open House and Showcase
events and coordinate awards as needed.
**Except for CTE, individual elective
teachers order supplies independently.
• Serve as representative to Site
Leadership Team (SLT) *Note--
see SLT table
• Serve as representative to
District meetings (ad hoc)
• Instructional leadership duties
include:
o Provide input into Master
Schedule
o Assist in development of
Curriculum Course Catalogue
o Facilitate quarterly Department
Meetings
o Facilitate vertical articulation
o Organize and maintain
instructional resources
Secondary (continued)
Site PLC Lead
District PLC Lead
Department Lead
• Administrative duties include:
o Facilitate communication between administrative and teachers
o Facilitate communication amongst teachers
o Coordinate awards
o Order supplies
o Coordinate Open House participation
Special Education
District PLC Lead (PK-6)
Elementary/Secondary District PLC
Lead
Secondary District PLC Lead
Who
• Mild/Mod
• Mod/Severe
• PK Joint Mild-Mod & Mod/Sev (in addition to
monthly PK District PLC Meeting)
• TLP
Teachers
• Nurses
• Psychologists
• Speech and Language
Pathologists
• Mod/Severe
(Mild/Mod teachers participate
in Gen Ed PLCs)
Other itinerant certificated service providers (DHH/VI/APE/Career Counselors) work independently, participate in ad hoc meetings.
Duties
• Facilitate monthly PLC meeting
• For Psychologists and Speech and Language Pathologists Leads: facilitate monthly grade-span PLC meeting; co-facilitate
monthly joint PLC meeting
• Organize and maintain PLC records and resources
Other Secondary Leadership Positions
Special Education Department Chair
Head Counselor
Duties
See contract
See contract
Site Leadership Team (SLT)
Elementary
Junior High
High School
Alternative Ed
1. All Site PLC Leads
2. Representative from Special
Education (inc. language about how
selected)
3. Representative from PK (site-
dependent)
1. English
2. Math
3. Science
4. Social Science
5. PE
6. Special Ed Department
Chair
7. World Languages
8. VAPA
9. Head Counselor
10. Librarian
11. Other (optional)
1. English
2. Math
3. Science
4. Social Science
5. PE
6. Special Ed Department Chair
7. World Languages
8. Visual Arts
9. Performing Arts
10. CTE
11. Head Counselor
12. Librarian
13. Other (optional)
14. Other (optional)
15. Other (optional)
*Principal discretion, electives can
vote, or choose to have no optional
• AV: Middle
College
• AV: AVIS/SPP
• AV: Quetzal
• LC: English
• LC: Math
• LC: Science
• LC: Social
Science
• Head Counselor
• Special Ed
Department Chair
SLT Stipend only because they
are not a Department PLC Lead
• Librarian
• World Languages
• VAPA
• Other
SLT Stipend only because they are
not a Department PLC Lead
• Librarian
• World Languages
• CTE
• VAPA
• Other
