VTA 2002 - 2003 contract

ARTICLE 1 - AGREEMENT

1.1 The Articles and provisions contained herein constitute a bilateral and binding agreement ("Agreement") by and between the Governing Board of the Vacaville Unified School District ("Board") and the Vacaville Teachers Association/CTA/NEA ("Association"), an employee organization.

1.2 This Agreement is entered into pursuant to Chapter 7, Section 3540.1h of the Government Code ("Act").

1.3 This Agreement shall remain in full force and effect from July 1, 2002 through June 30, 2003.

ARTICLE 2 - RECOGNITION

2.1 The Board recognizes the Association as the exclusive representative of all certificated employees, excluding the superintendent, deputy superintendents, assistant superintendents, administrative assistant, directors, principals, assistant principals, coordinator of special projects, and short and long term substitutes serving less than one semester in a given position.

2.2 Any employee included in the unit will hereinafter be referred to as "bargaining unit member," “unit member,” or “teacher” except as referred to in Article 4, paragraph 4.3.

ARTICLE 3 - WAGES

3.1 Salary Schedules

3.1.1 The salary schedules and salary classification requirements of all unit members are set forth in Appendix A, attached.

3.1.2 Direct Deposit

The District will provide direct deposit for unit members in the CMT Federal Credit Union, Electronic Transfer Fund Program.

3.2 Exceptional Service

3.2.1 All unit members who serve other than the required number of days set forth in Appendix B for their job classification shall receive salary which is not less than that which bears the same ratio to the established annual salary for their position as the number of days they serve bears to the number of working days required for their job classification.

3.2.2 Unit members serving additional hours beyond their contractual obligation as specified in Article 4 other than Adult Education instructors shall be paid at the Adult Education rate or at a rate established in Appendix A, Section K.

3.2.3 Additional service under this article shall be covered by the provisions of Article 7.12.

3.3 One Semester/Half Salary

Notwithstanding paragraph 3.2 above, unit members who serve for one full school semester shall receive not less than one-half (1/2) of the annual salary for their position.

3.4 Payroll Period

3.4.1 Traditional Schedule

The payroll period shall be defined as monthly, beginning with September. Salary payments shall be made not later than the last teaching day of the month, except July and August, when payment shall be the last day of the month. Unit members may elect to be paid on a ten (10) or twelve (12) month basis.

3.4.2 YRE Schedule

The payroll period shall be defined as monthly, beginning with July. Salary payments shall be made on the last day of the month.

3.5 General Provisions

3.5.1 Unit members employed shall hold an appropriate credential authorizing the service for which they are employed.

3.5.2 Each unit member will be allowed to accumulate in-service credit points for the purpose of advancement on the salary schedule in accordance with established definitions, rules and procedures of District policy (BP 4251).

3.5.3 Unit members newly employed by the District will receive credit for teaching experience outside of the District up to and including eleven (11) years. In no case will any unit member be given credit for more years of experience than the actual number of years they have taught. Out of district experience in public or private schools, within the last fifteen (15) years, on similar level will be acceptable.

3.5.4 Maximum advancement in Class I is Step 4, Class II is Step 7, Class III is Step 11, Class IV is Step 12, Class V is Step 12, and Class VI is Step 12. Complete transcripts of records and verification of previous teaching experience will be necessary for placement on the salary schedule.

3.5.5 Units of work completed by August 31 will be accepted for advancement. Contracts will be written accordingly. Work completed after June 15 but before August 31 must be verified by August 31, with receipt for tuition or official class cards showing that the teacher asking for credit is actively engaged in summer school at an accredited institution if a transcript is not available. Official transcript must be on file by November 1.

3.5.6 A teacher must have been on duty and served as a teacher for at least seventy-five percent (75%) of the days school is in session in any year to receive credit for one (1) year of service toward advancement on the salary schedule. Days of leave granted under the provisions of paragraph 6.1 through 6.2.15 shall not be counted as days of service for the above purpose.

3.5.7 Unit members who have completed a year of service in the District and are drafted or recalled to active duty in the Armed Forces shall receive year-for-year vertical advancement on the salary schedule for up to four (4) years.

3.5.8 The District shall provide each unit member by January 1 of each school year a statement of the number of units that the District has on file for them.

3.5.9 Unit members with a Masters Degree in the field of employment shall receive an honorarium of 3.1 percent of Class III, Step 3. Teachers with a Doctorate Degree in the field of employment shall receive an additional honorarium of 3.1 percent of Class III, Step 3.

3.5.10 Unit members who have completed in-district service as shown below shall receive an increase in their basic salary rate of an amount equal to the salary schedule's vertical ratio increment (5.5%):

Effective July 1, 2002:

$1,725.00 Completion of 15 years of District Service

$1,725.00 Completion of 18 years of District Service

$1,725.00 Completion of 21 years of District Service

$1,725.00 Completion of 24 years of District Service

$1,725.00 Completion of 27 years of District Service

$1,725.00 Completion of 29 years of District Service

$1,725.00 Completion of 30 years of District Service

3.6 Special Assignments

3.6.1 "Special assignment duties" means those duties, which are enumerated in Appendix, A, Section K.

3.6.2 Special assignment duties shall be voluntary and at the rates specified in Appendix A, Section K.

ARTICLE 4 - HOURS OF EMPLOYMENT

4.1 Duty Day

4.1.1 The length of the workday for all teachers shall be six (6) hours and thirty (30) minutes, exclusive of the lunch period. The workday for counselors shall be seven (7) hours, exclusive of the lunch period. The length of the workday for psychologists shall be seven (7) hours and thirty (30) minutes, exclusive of the lunch period. The schedule for the workday shall be set by the principal or immediate supervisor. Reporting and release time shall be set by the principal or immediate supervisor after consultation with staff.

4.1.2 The use or awarding of a contract in excess of one hundred percent (100%) for regularly scheduled classes during the normal school day shall be done used unless the position is advertised to all those fully qualified for such position.

Site and district administration shall employ all reasonable alternatives to avoid the use of such a contract and shall notify the Association when reasonable alternatives seem not to be possible or feasible.

4.1.3 The teacher duty day shall end thirty (30) minutes following the close of the student Instructional day on the Friday of the week during which the following events are scheduled:

4.1.3.1 Parent conferences at the secondary level only.

4.1.3.2 The last school day preceding Winter break.

4.1.4 Secondary Preparation/Planning: Middle school and high school teachers shall have ten (10) unassigned periods every ten (10) school days set aside for preparation and planning.

4.1.5 Elementary Preparation/Planning: Each unit member shall have thirty (30) consecutive minutes daily for preparation and planning plus an additional thirty (30) consecutive minutes per day for each of one hundred forty (140) duty days. The schedule assigning preparation and planning time shall be prepared in writing and a copy presented to the unit member and/or posted. Schools scheduling one shortened instructional day per week may provide thirty (30) minute blocks in accordance with the provisions of the Sidebar Agreement dated August 23, 1989.

4.1.5.1 Each full time unit member assigned to a non-combination Kindergarten class shall have forty-five (45) minutes of preparation per day and shall support and assist in other classrooms with small groups of students for the remainder of the instructional day. The site administrator and the involved Kindergarten unit member(s) shall meet and confer to determine said unit member’s placement based upon school and students’ needs and the unit member’s expertise.

4.1.5.2 Each full time unit member assigned to grades 1-2 shall be provided one forty-five (45) minute period per week and an additional forty-five (45) minutes every other week of preparation time during the student day. Reasonable effort will be made to ensure that unit members in grades 1-2 do not have Monday prep in consecutive years.

4.1.5.3 Each full time unit member assigned to grade 3 shall be provided two forty-five (45) minute preparation periods per week and an additional forty-five (45) minutes of preparation time, every other week, during the student day. Reasonable effort will be made to ensure that unit members in grade 3 do not have Monday prep in consecutive years. This paragraph of the MOU/ARTICLE will remain in effect as long as class size reduction is not in place at the 3^rd grade level. This additional preparation time will take effect the week of October 20, 2003. Once CSR is restored, 3^rd grade unit members’ prep will revert to the same amount of prep time as grades 1 and 2.

4.1.5.4 Each full time unit member assigned to grades 4-6 shall be provided one hundred thirty-five (135) minutes per week of preparation time during the student day. Reasonable effort will be made to ensure that unit members assigned grades 4-6 do not have Monday prep in consecutive years.

4.1.5.5 In addition to the above, each full time unit member in grades K-6 assigned to teach a combination class will receive thirty (30) minutes of additional preparation time per week during the student day.

4.1.5.6 Unit members assigned to Sheltered English Immersion, Spanish Immersion, and designated Bilingual classes, grades 1-6 shall receive thirty (30) minutes additional preparation time per week.

4.1.6 Adjunct duties

4.1.6.1 A duty may be considered adjunct if it is not assigned equally to all eligible staff members and/or it falls outside the duty day. Eligible staff members include all teachers, with the exception of GATE teachers, and other teachers who serve at three (3) sites or more. Adjunct duties shall be assigned equitably at each site. Consideration shall include, but not be limited to the following criteria:

4.1.6.1.1 The number of students involved

4.1.6.1.2 The number and frequency of hours spent on duty

4.1.6.1.3 The time the duty occurs

4.1.6.1.4 If occurrence is on a non-school day

4.1.6.1.5 If release time or co-curriculum class time provided

4.1.6.1.6 Community expectation

4.1.6.1.7 Fiscal responsibility

4.1.6.2 The schedule of adjunct duties shall be publicized in a timely manner. Except for Back-to-School and Open House, teachers shall not be required to participate in more than three (3) adjunct duties beyond the duty day.

4.1.6.3 Examples of adjunct duties: Club advisorships; social, music and drama events; administrative detention; special site needs. Regularly assigned duties such as regularly assigned bus and/or yard duty may be substituted for one or more adjunct duty assignment.

4.1.6.4 Service as a representative to VTA Rep Council will constitute one adjunct duty. Limit one per school except YRE may have two if they are on different schedules.

4.1.6.5 Teachers shall be afforded an opportunity to sign up for adjunct duties prior to administrative assignment. Adjunct duties, which occur on weekends or holidays, shall be so noted. Adjunct duty assignments, the scheduling of which is within the authority of site administration, may not be rescheduled to a weekend or holiday without reasonable prior notice to the teachers affected.

4.1.7 Except in case of emergency, as determined by the site administrator, teachers shall not be required to substitute during their preparation period. A teacher who agrees to substitute shall receive hourly compensation based on the preparation period substitute rate.

4.2 Meetings

4.2.1 Professional meetings, including faculty, department/grade level, in-service and curriculum development, shall not exceed four (4) hours per month beyond and adjacent to the duty day, must start within thirty (30) minutes of the completion of the duty day. Of the four (4) hours, not more than one (1) hour may be carried to the next month.

4.2.2 Faculty meetings shall not exceed one (1) hour beyond the duty day, except in emergency. Emergency is defined to mean a sudden unexpected happening, or an unforeseen occurrence or condition, or a sudden or unexpected occasion for action and is beyond the control of the District.

4.2.3 Meetings such as WASC accreditation, State and Federal projects (e.g. SBCP, Site Planning, Title I) shall be held when required. The length of these meetings shall not exceed an additional thirty-five (35) hours per year beyond the duty day with two exceptions:

4.2.3.1 A unit member who attends meetings totaling less then thirty-five (35) hours during one year may be required to attend up to forty-vide (45) hours of meetings during the next year.

4.2.3.2 Meetings required due to State and Federal mandates and/or interventions may not exceed forty-five (45) hours per year.

4.2.3.3 In the event of exception, one or two, a unit member shall not be required to attend meetings totaling more than seventy (70) hours over two consecutive years.

4.2.4 During a Parent Conference month, meetings and conferences shall not exceed eight (8) additional hours beyond the duty day.

4.2.5 In the spring, secondary school parent conferences shall be by prior appointment.

4.3 Work Year

The work year for unit members is as follows:

Returning New

Teachers 184 days 186 days

Librarians 188 days 190 days

Elementary & Middle School Head Counselor,

High School/Alternative School Counselor,

Psychologist 193 days 195 days

High School/Alternative School

Head Counselor 195 days 197 days

Elementary & Middle School Counselor,

Program Specialist, Coordinators-Writing,

Work Experience, Elementary Science,

BTSA, CTEI 191 days 193 days

Technology Coordinator 220 days 222 days

Grants Writer, Library Media Coordinator 206 days 208 days

4.4 School Year Calendars

The 2002-03 and 2003-04 school year calendar listing all instructional days, non-instructional days, student minimum days, holidays and vacations are included as Appendix B.

4.5 Substituting on Prep Time

4.5.1 A unit member may substitute during their preparation period and accumulate compensation time or be paid at the per period sub rate. Each five (5) hours of accumulated comp time may be used for a “comp day(s)”, with pay.

4.5.2 In order to request a comp day, the unit member must provide advance notice to their site administrator. The site administrator will promptly review such requests and inform the unit member whether the comp day(s) can be scheduled as requested by the unit member. If the day(s) cannot be scheduled as requested, the site administrator and the unit member will meet to discuss the reasons why the day(s) were not approved and to identify alternate date(s).

4.5.3 No more than two (2) consecutive comp days may be used at any one time. If a comp day(s) are scheduled and there is a substitute teacher shortage, the unit member will be required to report to work, if feasible.

ARTICLE 5 - HEALTH & WELFARE BENEFITS

5.1 Group Health, Dental and Vision

Group health, dental and vision insurance plans will be made available to eligible bargaining unit members, spouses and their dependent children, and other dependents authorized for coverage under the available insurance plans. In order for a unit member to be eligible for group insurance benefits he/she must be employed in a position requiring a minimum of fifty percent (50%) contract for at least one semester (Refer to Article 8.3.1.3 for job share).

5.2 Joint Committee

The District and VTA agree to participate in a joint committee to meet and discuss health, dental and vision insurance coverage and premium issues. VTA may appoint up to six (6) members to participate on this committee. Other District employee groups will also be represented on this committee. The District and the VTA shall participate in good faith in an effort to find insurance coverage and premium rates acceptable to all employee groups. Any recommendations of the committee will be referred back to the bargaining teams – no change in the collective bargaining agreement will be made by the committee. If no agreement is reached to change insurance plans, then the plans referenced in the 1998-99 collective bargaining agreement will be offered to unit members.

5.3 District Contribution Level

5.3.1 For the 1999-00 school year, the District expended approximately $4,000,000.00 towards the purchase by bargaining unit employees of group health, dental and vision benefits. The amount expended will be calculated in early July, 2000, and an audited figure will be available in the fall of 2000. This amount does not include cash in lieu of benefits payments, nor does it include District benefit contributions for retirees. The District shall not be obligated to spend any more than this sum (the initial calculated sum or the audited sum, whichever is higher) in future years for the purchase of health, dental and vision benefits, unless otherwise negotiated and agreed to by the District and VTA.

5.3.2 If, as a result of insurance premium increases, the District anticipates that the amount necessary to continue health, dental and vision insurance for bargaining unit employees will exceed the actual amount expended by the District for purchase by employees of group health, dental and vision insurance benefits (approximately $4,000,000.00), then it shall so inform VTA and meet with VTA representatives to negotiate a plan for addressing the issue. If no agreement can be reached, then effective July 1, 2000, the District may begin payroll deductions. Such deductions shall be applied proportionally among the eligible employee groups to cover the full amount of the increase. “Employee groups,” as used in this agreement, are employee only, employee plus one and family. Payroll deductions may continue until a revised approach is negotiated and agreed to by the District and VTA. If rebates from insurance companies are provided to the District after July 1, 2000, such will be applied to reduce the payroll deductions in place. If audited sum referred to in Section A, above, is greater than the initial sum, then payroll deductions for the remainder of the year will be decreased for the remainder of the year to make up the difference.

5.3.3 Only the Association can file a grievance relating to or challenging the District’s implementation of payroll deductions pursuant to this Agreement.

5.4 Retirement

Upon retirement, teachers may continue participation in the District's health and welfare benefits provided the teacher prepays the premium. Procedures for payment of premiums are to be at the discretion of the District.

5.5 District Contribution

5.5.1 Retirees who have served not less than eighteen (18) years in the District shall be eligible for the District contribution of fifty percent (50%) of the monthly premium toward the payment of continued medical coverage for a period of seven (7) years from the date of retirement.

5.5.2 An employee may, upon retirement, elect to delay commencement of District contribution to medical care for a period not to exceed seven (7) years provided continuous coverage is maintained.

5.6 Personal Leave Bonus

Unit members who use two (2) or fewer days of Personal Leave or Personal Option Leave shall be eligible for a bonus payment equal to the cost for two substitute days. Job shares and part time employees shall be prorated according to their percentage of employment. For purposes of this Article, the year shall begin on July 1 and end on June 30. Bonus will be paid through a separate Payroll at the end of July.

5.7 Cash In Lieu Payment

The cash in lieu payment will be $150.00 per month.

5.8 Reduced Services Employment Plan – Half time teaching with full Retirement Credit

5.8.1 Reduced services employment shall consist of either the: Equivalent of one-half the number of sequential days of service required by the unit member’s contract of employment during her/his final year of service in a full time position and will commence on the first day of the first half of the work year, or the first day of the second half of the work year; or, Equivalent to half-time employment per day for the full school year.

5.8.2 Requirements: A unit member must have reached the age of fifty-five (55) years prior to reduced services employment. The unit member must have been employed full time in a position requiring certification for at least ten (10) years of which the immediately preceding five (5) years were full time employment.

5.8.3 Compensation: A unit member shall be paid a salary, which is one-half of the salary that would have been earned had the unit member not elected to exercise the option of reduced services employment. The unit member’s State Teachers Retirement System contribution paid by both the District and the unit member shall be the same as if the unit member taught full time.

5.8.4 Effects on benefits: The District shall provide participating unit members with health and welfare benefits as though they were full time employees.

5.8.5 Request procedures: A unit member shall file application for reduced services with the Personnel Office by April 1 for the following school year.

5.8.6 Return to full time employment: A reduced services unit member may be returned to full time employment only with the mutual consent of the unit member and the District.

LEGAL REFERENCE

California Education Code Section 44922

ARTICLE 6 - LEAVES OF ABSENCE

6.1 Personal Leave Accounting

Teachers (including nurses) will be allocated sixty-five (65) hours. (10 days) of personal leave per year. Librarians will be allocated sixty- eight and one quarter (68.25) hours; counselors and coordinators seventy (70) hours; special education program specialists seventy-three and one half (73.5) hours; and psychologists seventy- five (75) hours of personal leave.

6.1.1 Secondary Teachers

6.1.1.1 When a substitute is required for secondary teachers, there will be a charge against personal leave of one (1) hour per class/preparation period.

6.1.1.2 Additional time will be charged in fifteen (15) minute increments.

6.1.2 Elementary Teachers

6.1.2.1 When a substitute is required for elementary teachers, there will be a three and one quarter (3.25) hour minimum charge. Those teachers who have first or last period prep or a prep period adjacent to their lunch period, and do not require a substitute will be charged a minimum of one (1) hour.

6.1.2.2 Missing duty time before and after the instructional day will be charged against personal leave in fifteen (15) minute increments.

6.1.3 All other certificated unit members not covered in Article 6.1.1 or 6.1.2 will be charged in one-hour increments plus any additional 15-minute increments; such charges shall be made against personal leave.

6.2 Types of Leave

6.2.1 Personal Leave (PL)

6.2.1.1 A teacher may use his/her accumulated personal leave for the following reasons:

6.2.1.1.1 Illness

6.2.1.1.2 Death, accident involving person or property, or illness in a teacher's family. This may include, but is not limited to: spouse; children; parents; sibling; grandparents; grandchildren; mother-in-law or father-in-law; daughter-in-law or son-in-law; or any relative or dependent residing in the teacher's immediate household.

6.2.1.1.3 Appearance in court as a litigant.

6.2.1.1.4 Observance of religious holidays.

6.2.1.2 The teacher shall not be required to secure advance permission for use of personal leave.

6.2.2 Personal Option Leave (POL)

6.2.2.1 The personal option leave permits the teacher to use a total of five (5) days. Three (3) days of the ten (10) personal leave days quoted in Article 6.1 for personal necessities not included in that definition may include family related matters that occur during the workday. These three (3) days may not be used for: other employment, withholding of services, or activities normally considered to be related to recreation or vacation. Personal option leave days may not be accumulated and/or carried over from year to year.

6.2.2.2 Up to five (5) days of personal option leave may be used for professional growth to attend conferences, travel/study programs, or other professional activities.

6.2.3 Extended Disability Leave

After all the current ten (10) days personal sick leave and any additional accumulated personal leave at full pay have been used and additional sick leave is necessary, a teacher shall receive the difference between his/her own salary and the amount paid a substitute or the amount a substitute would have been paid had a substitute been employed for a period of five (5) months or less due to illness or accident in accordance with Education Code Sections 44977 and 44978. In no event will a teacher be paid less than the amount required to cover the employees share of the premium for benefits under Article 5. Differential pay will be calculated as follows:

6.2.3.1 If the absence is one (1) to fifteen (15) days, the daily substitute rate will be deducted whether or not a substitute is actually employed.

6.2.3.2 If the absence is sixteen to twenty-nine (29) days, the extended daily substitute rate will be deducted whether or not a substitute is actually employed.

6.2.3.3 If the absence is thirty (30) days or more (long term), the amount deducted will be the amount paid a substitute according to his/her placement on the teachers' salary schedule or Class V, Step 6, whichever is the lesser amount. If no substitute is hired, the amount deducted will be the average salary of the last six (6) long term substitute teachers employed by the District. It is understood that this is a tiered deduction system with no retroactive calculations.

6.2.3.3.1 Except in emergency situations, the regular teacher shall supply lesson plans or the substitute for the first fifteen (15) days of any such leave.

6.2.3.5 Proof of Physical Disability

The Board may require proof of physical disability by requiring submission of a statement from a teacher’s physician as to the nature and expected duration of the disability.

6.2.4 Pregnancy Leave

Teachers may claim sick leave pay and/or extended disability leave pay for absence due to disabilities caused by or contributed to pregnancy, miscarriage, childbirth, and recovery there from.

6.2.5 Child Rearing Leave

6.2.5.1 A teacher anticipating the birth or adoption of a child is entitled to take leave without pay which may commence as early as the beginning of the school year in which the birth or adoption is reasonably expected, and which may terminate as late as the end of the school year in which the birth or adoption occurs.

6.2.5.2 Upon the teacher's written request, extension of child rearing leave will be granted in increments of one (1) semester at the secondary level or one (1) trimester at the elementary level, not to exceed a total of two (2) consecutive years.

6.2.5.3 Teachers on leave for all of the fall semester or first trimester only must notify the District of their intent to return for the following semester/trimester by September 15. Those on yearlong or spring semester/trimester only leaves must notify the District of their intent to return for the following school year by March 15.

6.2.6 Bereavement Leave

Each unit member shall be entitled to bereavement leave, not charged against personal leave, in the event of death of spouse; child; parent; sibling; grandparent; grandchild; mother or father-in-law; daughter or son-in-law; brother or sister-in-law; or any other relative or dependent residing in the unit member’s immediate household. Bereavement leave shall be limited to four (4) days, except when services require travel outside of California or distance in state is more than 300 miles one way; under such circumstances, the bereavement leave shall then be extended to five (5) days.

6.2.7 California Family School Partnership Act

Forty (40) hours of unpaid leave time per year may be used for visits to their child's school or to participate in school activities.

6.2.8 Emergency Leave

A maximum of three (3) days emergency leave with pay may be granted each year, after ten (10) days of personal leave have been used. Requests for such leave shall be made through the principal in advance when possible. Final decision rests with the Superintendent. Emergency leave granted under this provision is not cumulative from year to year.

6.2.9 Industrial Accident/Illness Leave

Teachers who suffer from an industrial accident or illness (as defined by the California State Workers' Compensation Commission) shall be eligible for industrial accident and illness leave for a period of sixty (60) days due to disability arising from any single such industrial accident or illness. During such leave any temporary disability indemnity received from the insurance carrier will be deducted from the teacher's pay warrant and the indemnity warrant endorsed over to the teacher. Temporary disability indemnity payments received during summer months or from other periods of absence not covered by industrial accident and illness leave shall remain the property of the teacher in addition to any other entitlements the teacher may have. The benefits of industrial accident and illness leave are in addition to sick leave and extended illness leave benefits. Accordingly, the Board shall not deduct from the accrued days of sick leave until industrial accident and illness leave benefits have been exhausted by a teacher who is absent due to industrial accident or illness. Eligibility for this leave requires that the teacher file the proper industrial accident/illness report within three (3) days of occurrence of the accident or illness.

6.2.10 Leave for Educational Improvement

After having completed the probationary period, any teacher may, at the discretion of the Board, be granted a leave of absence without pay for purposes of educational improvement and advancement. Such leaves may be for a period of not less than one (1) semester, nor more than one (1) year. An extension of the leave period may be granted where completion of the course(s) for advancement requires longer than one (1) year and advantage will accrue to the District.

6.2.10.1 Conditions for Taking Such Leaves:

6.2.10.1.1 Evidence of the proposed and completed educational improvement program shall be required from each applicant.

6.2.10.1.2 Unit members may not be employed during such leaves unless the employment is in conjunction with the educational improvement program and is offered through the same institution where the course work is being taken, or when the employment is part of overseas programs designed for language or cultural immersion.

6.2.10.1.3 The unit member must sign an agreement that the Board will be given written notice no less than thirty (30) days before the expiration date of the leave, or before March 15, whichever is earliest, of the intent to return. Failure to notify the Board will be considered as notice that the teacher will not return and the position is vacant. At least ten (10) days before the notice is due, the District's Personnel Officer will notify the teacher of this obligation by registered mail to the address on file with the Personnel Office.

6.2.11 Meetings of Societies

Leave of absence to attend meetings of societies, or to serve on committees or commissions of such organizations, may be granted upon request of the teacher and recommendation of the Superintendent. The activities or purposes of the organization must serve to advance the welfare of schools through the upgrading and strengthening of the teaching profession. Such leaves of absence will be without loss of pay to the teacher and with or without travel expense to the District.

6.2.12 Convention Leave

Upon request of the teacher and recommendation of the Superintendent, leaves of absence may be granted to teachers who wish to attend conventions of civic or fraternal groups not connected with education in which they hold membership. Deductions from the teacher's salary will be limited to the amount required to pay a substitute.

6.2.13 Political Leave

6.2.13.1 The Board shall grant an unpaid leave of absence to a teacher who is a candidate for public office, not to exceed twenty (20) school days prior to the election.

6.2.13.2 If the teacher is elected and needs a leave to attend to the duties of office, he/she must request a leave which shall be granted for a period not to exceed two (2) years, without pay.

6.2.13.3 An unpaid leave of absence of not less than one (1) semester shall be granted to a teacher upon application, for the purpose of campaigning for or serving in the State Legislature to the extent necessary for such activities.

6.2.13.4 Political leave may be granted only to teachers who have attained permanent status.

6.2.14 Health Leave

Upon recommendation and verification by competent medical authority and with the concurrence, when appropriate, of a District-appointed physician, any teacher shall be granted a leave of absence without pay for reasons of health. Such leave shall be specified for a period of not less than one (1) semester or more than one (1) year. Such leave may be extended in case of serious health conditions. Provisions for notice of intention to return will be the same as in the policy governing leave for educational improvement except notice will include a written statement from the certifying physician(s) verifying the teacher's ability to return to full time service.

6.2.15 Voluntary Unpaid Leave

6.2.15.1 Any teacher who has rendered at least seven (7) consecutive years of service to the District shall be eligible for one (1) voluntary unpaid leave for a period of one (1) semester or a maximum of one (1) year at the teacher's option.

6.2.15.2 Applicants for voluntary unpaid leave shall file a request with the District not later than June 30 for the first semester of the following school year, and not later than November 15 for the second semester of the following school year.

6.2.15.3 The number of teachers on voluntary leave during any one semester shall not exceed two percent (2%) of the total teaching staff. Should more than this number apply for the same semester, the selection shall be made by the Board and the selection criteria for the granting of such leave shall include:

6.2.15.3.1 Length of service

6.2.15.3.2 Educational program needs

6.2.15.3.3 Amount of time lapsed since last leave

6.2.15.3.4 Number of previous leaves

6.2.15.4 Other requests for necessary or voluntary leave for reasons not the standpoint of value to the District, urgency of the request, and the employment record of the teacher making the request. Leave sought for the personal convenience or pleasure of the teacher, if granted, will be without pay.

6.2.16 Jury Duty Leave/Court Witness Leave

Teachers called to serve on a jury, or as a witness under an official order, shall be entitled to paid leave without loss of benefits. Teachers on such leave shall remit to the District any payment received for services as a juror or witness, excluding statutory mileage fee.

6.3 Return from Leaves

6.3.1 To leaves granted by the Board will be considered an interruption in continuity of services for the purpose of qualifying for permanent classification. After any leave, the teacher must be reinstated in the same or similar position held prior to the leave, unless the teacher agrees to a changed assignment. A teacher returning from a Board approved leave of absence shall be allowed to return to the same site he/she left, if there is a vacancy that has been filled by a long term substitute.

6.3.2 Teachers wishing to move from full time to part time/job share may request leave from full time status to take a part time/job share position. Leave may be granted for up to two (2) years. After this time the unit member must return to full time status or forfeit the right to a full time position in order to retain the part time/job share position.

6.3.3 Unit members on leave must notify the Personnel Office by March 15 of the leave year of their intent to return. If the employee fails to notify the Personnel Office by March 15 of their intent to return, the employee will be considered to have abandoned their position and the position will be deemed vacant.

6.3.3.1 The Personnel Office will notify the employee of this condition when the leave is granted. The Personnel Department will also notify the employee of this condition by February 15, via registered mail.

6.3.3.2 Access to benefits for an employee who abandons a position will be the same as if the employee resigned on March 15.

6.3.4 Based on District need, teachers returning from leave may be placed at either traditional or year round schools. Therefore, they must be available to return to work on the first reporting day of the year round schedule.

6.3.5 The Personnel Department will issue a tentative school assignment to the returning teacher prior to the teacher's first day of duty. Upon the expiration of five (5) school days the returning teacher will not be transferred unless a transfer is required under the provisions of Article 7.

6.4 VTA Leave

6.4.1 The Association President shall be eligible for a maximum of seventy-two (72) days/forty percent (40%) release time at District expense. The release time will be a job share or two (2) periods per day. The District paid release time shall be subject to the following:

6.4.1.1 The president's activities on District paid days shall be limited to contract management and/or joint District/Association activities.

6.4.2 In recognition of the substantial commitment of time which VTA bargaining team member devote to negotiations during the summer months, VTA will be provided with two (2) days’ annual paid leave days during the school year for up to five (5) bargaining team members, plus the VTA president.

6.5 Exchange Days

6.5.1 Teachers will have the option of exchanging days with teachers who are off duty without loss of pay, benefits or leave days. The reason for requesting exchange days will be to attend conferences, workshops and other educational opportunities. The following provisions will apply:

6.5.1.1 All requests must be approved by the site administration at least ten (10) working days prior to the scheduled trade.

6.5.1.2 A maximum of three (3) days per school year will be allowed for each teacher.

6.5.1.3 When a trade is requested which would affect two (2) schools, both site administrators must approve the trade.

6.5.1.4 Teachers shall have the responsibility for arranging the exchanges with other unit members.

6.5.1.5 If the teacher who is responsible for being in the classroom should be absent because of illness, the personal leave day shall be charged to that unit member.

The District assumes no responsibility for the enforcement of the private exchange day agreement between individual teachers. Payback of exchange days is the full responsibility of the teachers involved.

6.5.2 Religious Observations

The unit member will have the option of exchanging days with teacher who are off duty, without loss of pay, benefits or leave days, for the purpose of observing recognized religious holidays.

6.5.2.1 All requests must be submitted to the site administrator, for review, at least ten (10) working days prior to the scheduled religious holidays.

6.5.2.2 A maximum of five (5) days per school year will be allowed for each teacher.

6.5.2.3 When a trade is requested which would affect two (2) schools, both site administrators must review the request.

6.5.2.4 Unit members shall have the sole responsibility for arranging the exchanges with other unit members.

6.5.2.5 If the unit member who is responsible for being in the classroom should be absent because of illness, the personal leave day shall be charged to that unit member.

6.6 Continuance of Benefits

Teachers on Board approved unpaid leaves of absence shall be allowed to continue insurance coverage at the expense of the teacher, provided the teachers prepay the premium quarterly, and the carrier permits continued enrollment. If the teacher goes on leave during a school year District contributions for premiums will continue to be paid to the nearest month in proportion to the member's total days in paid status during the school year.

6.7 Personal Leave Bank

The Personal Leave Bank may be used by unit members with a serious illness/injury of self, spouse or legal dependent residing in the household. Medical verification will be required. Participation is on a voluntary basis.

6.7.1 To participate in the Personal Leave Bank unit members will have thirty (30) calendar days from their date of employment or open enrollment to join and contribute one (1) personal leave day. Days contributed to the bank will not be returned to the employee. New unit members with more than ten (10) days of transferable sick/personal leave days from another district must donate one (1) day of personal leave within the first thirty (30) calendar days of employment. Only unit members who contribute to the Personal Leave Bank may withdraw from the bank. Days contributed to the Personal Leave Bank do not count against the Personal Leave Bonus, Article 5.6.

6.7.2 New unit members with ten (10) or fewer transferable sick/personal leave days shall be automatically enrolled in the Personal Leave Bank for the first year of employment only without contributing any personal leave.

6.7.3 A Personal Leave Bank committee will review and either approve or deny all requests. The committee will consist of one (1) administrator and two (2) unit members.

6.7.4 Individual member withdrawals from the Personal Leave Bank will be limited to ten (10) days per year. These ten (10) days do not have to be consecutive. Members of the Personal Leave Bank may withdraw from the bank after all personal leave has been exhausted and two (2) days of differential pay has been received. Differential pay requirement only applies to serious illness/injury to the unit member. A member who withdraws from the bank will be paid at his/her regular daily rate of pay. Personal leave from the bank may not be granted for periods of disability when monies are being paid to the unit member under Worker's Compensation.

6.7.5 All unused days contributed to the bank will be carried over from year to year. If the bank is depleted, unit members who wish to continue to participate in the bank must contribute another day.

6.7.6 The District will establish a revolving account of $10,000.00 to cover annual costs. At the beginning of each new year this account will be replenished to the $10,000.00 amount.

6.7.7 It will be the responsibility of the employee or employee's designee to complete the necessary forms and provide medical documentation. Requests for withdrawal may be made retroactively for up to three (3) months from the date of the illness or injury. All forms can be obtained from the Personnel Office.

ARTICLE 7 - ASSIGNMENTS, TRANSFERS, AND VACANCIES & SENIORITY

7.1 Assignments

The Superintendent or the Superintendent’s designee shall, subject to approval of the Board, assign all teachers to the positions in which they are to serve.

7.2 Notification of Assignment

The District shall make every effort to ensure that each unit member be given written notice not later than June 1 of the next school year’s assignment. Should assignment change become necessary, written notification shall be provided as soon as possible. Such notice shall specify the site, room(s), grade level subject area and position to which the unit member will be assigned. As soon as possible a separate notice shall explain the nature of special issues, which may affect pupils assigned to the unit member.

7.2.1 Assignment Limitations

7.2.1.1 Unit members shall be assigned only to positions for which they hold a valid California credential and for which they are qualified.

7.2.1.2 At a unit member’s sole discretion, the unit member may agree to an assignment outside the unit member’s credential authorization(s), providing that the District shall secure all the necessary waivers and emergency permits.

7.2.1.3 By February 15^th, a unit member, at her/his sole discretion, may withdraw from voluntary assignment referred to in Article 7.2.1.2 for the following school year. Subsequently, the unit member shall be assigned in accordance with Article 7.2.1.1.

7.3 Misassignment and Teacher Certification

The provisions of Education Code Sections 44256, 44258.5 and 46300, 44258.1, 44258.2, 44258.7 and by reference Section 44258.9, as they relate to bargaining unit members, are incorporated into this section by the District and the Association as though fully set forth. In furtherance of this provision:

7.3.1 Members of the bargaining unit shall be assigned or reassigned to classes consistent with their credentials and major and/or minor subjects of study except as may be hereinafter provided. Where such exceptions are permitted, they shall occur only by mutual agreement among the bargaining unit members affected, the Association, and the District.

7.3.1.1 A bargaining unit member who qualifies under the provisions of Education Code Section 44256(b) to teach departmentalized classes or groups of pupils below grade 9, may apply for authorization from the District.

7.3.1.2 A bargaining unit member who qualifies under the provisions of Education Code Section 44258.2 to teach classes in grade 5 to 8, inclusive, in middle school may apply for authorization from the District.

7.3.1.3 A bargaining unit member who qualifies under the provisions of Education

Code Section 44258.5(a) to teach any single subject classes may apply for authorization from the District.

7.3.1.4 A bargaining unit member who qualifies under the provisions of Education

Code Section 44258.7(b) to coach competitive sports for which pupils receive physical education credit may apply for authorization from the District.

7.3.2 The Association shall be notified of all authorizations, waivers and emergency permits approved by the Board.

7.4 INTENTIONALLY LEFT BLANK

7.5 INTENTIONALLY LEFT BLANK

7.6 Voluntary Transfer/Reassignment

7.6.1 A transfer is the movement of a unit member from one work location to another work location or from one program to another program such as year-round education, restructured, reconstituted or reconfigured schools. The transfer may include a change in grades or subject area as long as the move involves changing work sites. Transfers may be initiated by the unit member (voluntary) or by the District (involuntary).

7.6.2 A reassignment is the movement a unit member from one work location to another work department, one subject area to another subject area, one grade level to another level, or from one configuration to another such as: team teacher, restructuring or other reconfiguration within the same work site. For itinerant unit members, Speech Specialists, Preparation Period Specialists, Music Teachers, Nurses, Resource Specialists, Psychologists and other unit members assigned to multiple sites, the movement of the unit member from one site to another within the same job duties.

7.6.2.1 Change of assignment at the same site shall be considered only after placement of unit members from a closed or reconstituted site.

7.6.2.2 Change of assignment at the same site shall be considered prior to publication of a vacancy notice as referenced in Article 7.10.

7.6.2.3 Prior to implementing any change of assignment or site, the principal or program manager will consult with the unit member regarding the proposed change.

7.6.2.4 Appeals regarding a change of assignment may be made to the District’s Assistant Superintendent of Personnel.

7.6.3 A unit member may submit a request for voluntary transfer to the District at any time, whether or not a vacancy exits.

7.6.4 Any unit member desiring a voluntary transfer for the following school year shall submit a request to the Personnel Office no lather than the last workday of the current traditional school year. During the summer, unit members whose requests are on file with the District shall be considered for said voluntary transfers prior to advertising a vacancy or a new position.

7.6.5 If two (2) or more unit members with State required credentials for the position apply for the vacancy, the following criteria (not in any rank order) will be used to determine the placement. Past experience in the position, educational program needs, academic preparation, recommendation of site administration, past teaching experience and seniority.

7.6.6 A transfer request shall be granted solely based on the above criteria.

7.6.7 If a unit member’s request for a voluntary transfer is denied, the unit member, upon request, shall be granted a meeting with the administrator who denied the request to discuss the reasons for the denial. Following the meeting the unit member may request an shall receive written reasons for the denial.

7.6.8 If the unit member requests an application for voluntary transfer the supervisor at his/her work site shall not be notified by the district of the application, during the school year.

7.6.9 Unit members returning from leave shall be afforded all rights provided under this section.

7.6.10 When a voluntary transfer is of such a nature as to require additional preparation by the teacher, the District shall allow up to two (2) days of preparation time for the teacher transferring.

7.7 INTENTIONALLY LEFT BLANK

7.8 Involuntary Transfer/Reassignment

7.8.1 Involuntary transfer/reassignment shall be made only for the following reasons: to meet State and Federal program requirements, educational program requirements, needs of the District or a decrease in the number of pupils which requires a decrease in the number of unit members due to elimination of program(s) and/or funding; or work site closings

7.8.2 If a decrease in the number of pupils or the elimination of program(s) and/or funding occurs, the District shall seek volunteers prior to making any involuntary transfer/reassignment. If an involuntary transfer/reassignment becomes necessary, credentials and program needs shall be used to identify unit members who may be involuntarily transferred or reassigned. All else being equal, the unit member with the least seniority with the appropriate credential shall be involuntarily transferred or reassigned.

7.8.3 If a particular site is to be closed, unit members at the site shall be accorded first priority for filling any new or vacant positions at the site or sites to which the pupils at the closing site are being placed.

7.8.4 Unit members from the closed site shall also be accorded first priority in filling all vacancies that arise for which they have an appropriate credential, authorization or training toward authorization. When two (2) or more unit members apply and qualify for the same vacancy, the position shall be given to the unit member in accordance with criteria in Article 7.11.

7.8.5 Unit members returning from leave shall be afforded all rights provided under this section.

7.8.6 Unit members who are involuntarily transferred/reassigned during the work year shall be allowed three (3) days of paid release time for preparation prior to the effective date of the involuntary transfer/reassignment. The District shall provide assistance in moving a unit member’s material whenever a unit member is involuntarily transferred/reassigned.

7.8.7 The unit member being involuntarily transferred/reassigned shall be given the reason(s), in writing, for said transfer.

7.8.8 If a unit member has been involuntarily transferred, she/he will be offered the first available teaching position at the original site.

7.9 School and Site Reconstitution

Unit members who are to be involuntarily transferred from a reconstituted school/site shall be placed in another District position for which they are credentialed and qualified.

7.9.1 Unit members involuntarily transferred from a reconstituted school/site shall be accorded the same rights as unit members leaving a closed school.

7.9.1.1 The “first priority” to fill vacancies given to reconstituted and closed school unit members shall mean that such unit members shall be placed in vacancies prior to placing reassignment, voluntary transfers, and/or returning temporary and leave of absence unit members, and new hires, into vacancies.

7.9.1.2 Unit members involuntarily transferred from a reconstituted school site shall be given three (3) days of release time or comp time for the purposes of moving to their new assignment. In addition, the District shall provide packing and moving assistance of unit members’ materials to the new assignment location.

LEGAL REFERENCES

California Education Code Sections

35035 – Transfer/assignment (additional powers & duties of superintendent)

44824 – Transfer/assignment (weekend classes; assignment of certified employees)

72290 – Transfer/assignment (employment of personnel; salaries & benefits)

72413 – Transfer/assignment (additional powers & duties of superintendent)

44857–44872, 44874, 44877, 44879-44880, 44882, 44887, 44890 – Vacancies (qualifications to fill

certified positions)

44846 – Seniority (general provisions concerning order of employment)

44847 – Seniority (date of employment when school transferred from one district to another

44848 – Seniority (date of employment in case of resignation or dismissal and reemployment; date of

employment in case of certain terminations)

7.10 Vacancies

7.10.1 A vacancy is any unit member position that is being retained and does not have a unit member assigned to it.

7.10.2 Upon knowledge of vacancies, the District shall notify the Association and post a vacancy listing in all work sites for a minimum of five (5) working days. The list shall contain the following:

7.10.2.1 A closing date which is at least ten (10) working days following the posting date.

7.10.2.2 A job description

7.10.2.3 Credentials and qualifications necessary to meet the requirements of the position.

7.10.3 No assignment to fill the vacancy shall be made until after the closing date.

7.10.4 The District shall notify unit members by mail/phone of any posted openings which may arise during the summer recess, year round breaks or a period of leave.

7.10.5 If a unit member already has a transfer application on file, it is not necessary to make a further application in order to be considered for any vacancies.

7.10.6 If two (2) or more unit members with State required credentials for the position apply for the vacancy, the following criteria will be used (with equal weight) to determine placement:

7.10.6.1 Past experience in the position, educational program needs, academic preparation, recommendation of site administration, past teaching experience and seniority.

7.10.7 The District shall, upon request of the unit member, deliver in writing, the reasons for the unit member not receiving the vacancy.

7.10.8 No outside applicant shall be selected to fill a vacancy if there is as qualified unit member applicant.

7.10.9 Should a vacancy occur in a teaching position after the ninth week of the school year, it shall be filled by a long-term substitute for the remainder of that school year. The position will be advertised as stated in this Article, however, the successful applicant will not assume the position until the following school year. Should an extraordinary situation arise the District and Association shall meet and confer to determine how the vacancy shall be filled.

7.11 Seniority

7.11.1 Seniority is defined as the unit member’s initial date of paid probationary service in the bargaining unit.

7.11.2 Unit members with the same initial date of service shall have their seniority number determined by the following criteria: credential(s), certificate(s), authorizations or training towards certificates and authorizations. All else being equal, seniority shall be determined by lot.

7.11.3 Once the lottery is used to determine a unit member’s seniority ranking, that seniority ranking shall remain in effect during the unit member’s continuous service in the bargaining unit.

7.11.3.1 The lottery shall be conducted in the presence of at least two (2) Association representatives.

7.11.4 A unit member on a District approved leave of absence other than to a non-bargaining unit position shall continue to earn seniority while on leave.

7.11.5 A unit member’s seniority shall accrue during layoff.

7.11.6 All else being equal, seniority shall be the determining factor in granting transfers, assignments and reassignments.

7.12 Special Duties

Unit members who apply for special duty assignments, summer school positions or other extra duty positions shall be given first consideration for those positions. In the event that a non-unit member is hired for one of these positions the unit member shall, upon written request, be given the reasons, in writing, for the denial.

ARTICLE 8 - PART TIME EMPLOYMENT/JOB SHARING

8.1 Unit members wishing to move from full time to part time/job share may request leave from full time status to take a part time/job share position. Leave may be granted for up to two (2) years. After this time the unit member must return to full time status or forfeit the right to a full time position in order to retain the part time/job share position.

8.2 Part Time Employment (a single certificated position designated as less than 100%)

8.2.1 Unit members wishing part time employment shall make their request known, in writing, to the Assistant Superintendent, Personnel, no later than May 15.

8.2.2 Assignment of non-teaching adjunct duties to each part time teacher shall be in the same percentage as the teaching assignment.

8.2.3 Part time teachers returning to full time status will be assigned to the same or similar position held prior to the part time agreement, unless the teacher agrees to a change of assignment. All transfer provisions set forth in Article 7 of this agreement shall apply.

8.2.4 A part time teacher who is on duty and serves as a teacher for at least seventy-five percent (75%) of the days school is in session in any school year shall receive credit for one (1) year of service toward advancement on the salary schedule. This requirement can be achieved over two (2) consecutive school years.

8.2.5 A probationary teacher in a part time assignment who is re-elected in that part time assignment after two years of service shall be granted permanent status as a part time employee. Permanent status will be limited to the percentage of a standard full time assignment worked for two (2) consecutive years.

8.3 Job Sharing (a single certificated position shared by two teachers)

8.3.1 Unit members may be entitled to job sharing a single position in accordance with the following:

8.3.1.1 Proposals for job sharing shall be developed by the teachers involved and shall be submitted to the Personnel Office by May 15 for the following year. Proposals shall include the following:

8.3.1.1.1 Time division

8.3.1.1.2 Subject area responsibility

8.3.1.1.3 Meeting attendance and adjunct duty responsibility

8.3.1.1.4 Parent conference attendance and plans for communication with parents

8.3.1.1.5 Each job share team will determine how they will share a single medical/dental/vision benefit package. Both parties may receive a full benefit package by paying the additional premium for benefits not received through the job share.

8.3.1.2 Proposals will be presented to the administration for approval.

8.3.1.2.1 Step l: Proposals will be submitted by prospective team members to the site administration for approval. Proposals approved at the site level will be submitted to the Assistant Superintendent, Personnel.

8.3.1.2.2 Step 2: The final decision shall be made by the Assistant Superintendent, Personnel.

8.3.1.3 In no case will the District provide more benefits for a shared position than would be paid by the district if the position was not shared.

8.3.1.4 Shared positions shall be for one year. Extension may be granted at the discretion of the Assistant Superintendent, Personnel.

8.3.1.5 Teachers assigned to job shares may be reassigned to full time positions upon dissolution of the approved job share.

8.3.1.6 If one of the job share partners resigns, the remaining unit member must either assume the responsibilities of the vacated position or find another job share partner.

8.3.1.7 Teachers returning to full time status will be assigned to the same or similar position held prior to job sharing. All transfer provisions set forth in Article 7 of this agreement shall apply.

8.3.1.8 A job share teacher who is on duty and serves as a teacher for at least seventy-five percent (75%) of the days school is in session in any school year shall receive credit for one (1) year of service toward advancement on the salary schedule. This requirement can be achieved over two (2) consecutive school years.

8.3.1.9 A probationary teacher in a job sharing assignment who is re-elected to that job sharing assignment after two years of service shall be granted permanent status as a part time employee. Permanent status will be limited to the percentage of a standard full time assignment worked for two (2) consecutive years.

8.3.1.10 If a job share position exceeds one hundred percent (100%), the job share must be dissolved, and the employees will be designated part time without loss of existing benefits.

ARTICLE 9 - CLASS SIZE

9.1 Hiring Ratio

9.1.1 The hiring ratios for classroom teachers shall be:

K-3 29:1 4-6 29:1 7-8 27:1 9-12 26.6:1

9.1.2 Nurses, librarians, media specialists, special education teachers, psychologists, counselors, reading specialists, opportunity class teachers or any other teacher not assigned as a regular classroom teacher will not be used in the computation or application of the above hiring ratio.

9.1.3 The hiring ratio for Speech Therapists will be calculated as follows:

October CBEDS count times 4.2% divided by 55 equals FTE for subsequent year

9.2 Balance - Elementary

9.2.1 Reasonable effort shall be made to balance class size in each grade level in the individual elementary schools.

9.2.2 Reasonable effort shall be made at YRE schools to balance class size at each grade level between all teachers on all schedules.

9.2.3 After two (2) weeks have elapsed in any semester/trimester the placement of the thirty-fourth (34) student in any single grade level elementary classroom or the placement of the thirty-second (32) student in any combination class shall cause the Superintendent or his designee, a designee of the Association, the Principal of the affected school, to meet to implement workable enrollment option(s) for future students in an effort to avoid further increases in the size of that class.

9.2.4 For purposes of counting student placement in a class, Special Day Class students who are mainstreamed for more than fifty percent (50%) of a day in a single class count in that class.

9.3 Balance - Secondary

9.3.1 Reasonable effort shall be made to balance class sizes at the secondary level.

9.3.2 After two (2) weeks have elapsed in any semester the placement of the one-hundred seventy eighth (178) student with any teacher of other than music or physical education shall cause the principal, teacher and a designee of the Association to meet to implement workable class assignment options in an effort to that would avoid further increases in that teacher's student load. Exception to this process may be made by mutual agreement.

9.3.3 The following is a one (1) year trial program, which sunsets on June 30, 2003. After two (2) weeks have elapsed in any semester, secondary school physical education class sizes shall not exceed the following limit:

9.3.3.1 The average of all physical education classes at the individual school site, plus eight (8) students, but not including 6^th period physical education classes at the high school in the school site average. In the event that a student is to be transferred from an academic class in order to balance physical education classes, a meeting will be held with the counselor, site administrator and physical education teacher to explore alternatives.

9.3.3.2 In addition, the District and Association agree to create a task force to study and evaluate secondary school physical education class size, including issues relating to student supervision, facilities, etc. The task force will complete its study and issue an advisory report no later than March 1, 2003.

9.4 Exceptional Needs

The District shall assign students with exceptional needs to a least restrictive environment on a fair and reasonable basis. The District agrees to meet and confer with the Association to determine whether or not the implementation of the State's Master Plan for Special Education has brought about class size/balance problems. If it is determined that problems exist, solutions will be discussed and agreed upon changes implemented. Meetings may be called by either party.

ARTICLE 10 - PROCEDURES FOR EVALUATION

10.1 Probationary Teachers

The evaluation of each probationary teacher shall be completed once annually, no later March 15, and at other times deemed necessary by the evaluator.

10.2 Permanent Teachers

The evaluation of each permanent teacher shall be completed once every two (2) years, no later than thirty (30) days prior to the last day of instruction, and at other times as deemed necessary by the evaluator. However, with the ongoing mutual consent of a teacher, his/her site administrator, and the Superintendent or designee, a permanent teacher who has received two (2) prior satisfactory evaluations may be evaluated once every three (3) years, provided that an appropriate and enforceable waiver of Education Code section 44664(a) is obtained.

10.3 Copies/Signature

The evaluation shall be in three (3) copies, with a copy presented to the teacher. The signature of the teacher being evaluated does not indicate agreement with the evaluation, only that he/she has been presented with a copy and that a conference was held. With the mutual consent of the teacher, the site administrator and the superintendent or designee, an alternative method of evaluation other than the formal evaluation form may be used for a permanent teacher. Alternatives may include portfolios, peer to peer reviews (with final evaluation conducted by the site administrator), video taped lessons, or other mutually agreed upon methods. Any such method must incorporate the California Standards for the Teaching Profession (CSTP).

10.4 Written Comments

No later than June 30, the teacher may make written comments to be attached to the evaluation, which shall be part of the teacher's personnel file.

10.5 Conference

10.5.1 Before the end of the sixth (6th) week of the school year, each administrator charged with evaluating personnel will conference with those to be evaluated in an attempt to arrive at mutually acceptable objectives. Co-evaluators (i.e. program directors and coordinators) of those teachers with program responsibilities may be present at the request of either party. In identifying objectives, both parties shall consider any conditions that may adversely affect the teacher's performance.

10.5.2 Evaluation and assessment of competency shall not include the use of publishers' norms established by standardized tests.

10.5.3 The evaluator and evaluatee shall mutually agree on the objectives. If agreement cannot be reached upon the objectives, an additional conference shall be scheduled at which the evaluatee may have a representative acceptable to the evaluator to facilitate accord.

10.6 Classroom Observation

10.6.1 Evaluation of teacher performance based on student progress toward stated objectives, as assessed by agreed upon techniques, shall be based upon at least two (2) classroom observations of at least twenty (20) minutes each. Every observation leading to an evaluation shall be followed within three (3) school days, or a later date by mutual agreement, by a conference with the evaluatee, so as to further benefit the educational program. Additional observations for evaluation will be followed by conferences or written summaries which shall be forwarded to the teacher.

10.6.2 Any negative conclusions by the evaluator resulting from any observation shall not be entered on the written evaluation until an additional observation has occurred.

10.6.3 Both scheduled and unscheduled observations may be part of the evaluation process.

10.7 Objectives

No teacher shall be required to submit for formal evaluation on more than four (4) objectives, the scope of which may include instructional objectives, classroom management, and/or professional development. The objectives may be related to a single subject area provided that each objective addresses a separate level of difficulty. Those teachers with program responsibilities may elect to have one of the four (4) objectives address an area of program responsibility. The evaluator may elect to have one objective that focuses on District and/or school wide goals.

10.8 Negative Comments

10.8.1 The written evaluation shall not contain negative comments based on unobserved allegations, unless supported by evidence upon which reasonable persons would rely, and deemed sufficiently serious to warrant inclusion on the evaluation. The teacher shall be given prompt written notification of such allegations, including the date made or received, the nature, date, and source of the allegation if it is to be included in the teacher's evaluation; the teacher's written response, if any, shall be appended.

10.8.2 No negative evaluation of performance shall be predicated upon lawful, non-school related personal activities, which have no impact upon the teacher's effectiveness as a teacher.

10.9 Recommendations

The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the teacher.

10.10 Rules and Regulations

Current District rules and regulations, including those relating to student behavior, for which teachers are held responsible for enforcing or following, shall be provided to teachers before the end of the second week of school.

10.11 Recording Devices

The use of electronic recording devices in the evaluation of personnel procedures without the consent of the evaluatee is prohibited.

10.12 A permanent teacher who receives one “does not meet standards” in any one (1) of six (6) CSTP standards (“summary” portion of standard on the evaluation form) on the final evaluation will be a “Referred Participating Teacher” under the Peer Assistance and Review Program, as established in the Memorandum of Understanding between the District and VTA dated May 10, 2000.

ARTICLE 11 - GRIEVANCE PROCEDURE

11.1 Definitions

11.1.1 A "grievance" is a claim by one or more teachers or the Association that there has been a violation, misinterpretation or misapplication of a provision of this Agreement.

11.1.2 A "grievant" is the teacher, teachers or Association making the claim.

11.1.3 A "day" is any day the aggrieved teacher is on duty. When only the Association grieves a "day" is any day school is in session.

11.1.4 Within twenty (20) days after occurrence of the act or omission giving rise to the grievance, the grievant must present the grievance to his/her immediate supervisor.

11.2 Purpose

11.2.1 The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to grievances. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. The time limits specified at each level should be considered to be maximums and every effort should be made to expedite the process. The time limits may be extended by mutual agreement.

11.2.2 Nothing contained herein will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and to have the grievance adjusted without intervention by the Association, provided that the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given an opportunity to be present at such adjustment and to state its views.

11.2.3 In the event a grievance is filed at such a time that it cannot be processed through all the steps in this grievance procedure by the end of the school year and if left unresolved until the beginning of the following school year could result in harm to an aggrieved teacher, the time limits will be altered so that the procedure may be completed prior to the end of the school year or as soon as practicable.

11.3 Rights of Teachers to Representation

11.3.1 No reprisals of any kind will be taken by the Association, its representatives, the Superintendent, any member or representative of the administration, or the Board against any participant in the grievance procedure by reason of such participation.

11.3.2 A teacher may be represented at all stages of the grievance up to Level IV, by himself/herself or at his/her option, by a representative selected by the Association. If a teacher is not represented by the Association or its representative, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

11.4 Procedures

11.4.1 Level One. Within twenty (20) days after the occurrence of the act or omission giving rise to the grievance, the grievant will discuss the grievance with his/her immediate supervisor, with the objective of resolving the matter informally. If not resolved, grievant may seek the advice of the designated Grievance Representative.

11.4.2 Level Two. If the grievant is not satisfied with the disposition of the grievance at Level One of the discussion he/she may file the grievance, in writing, simultaneously with the president of the Association and the Superintendent, or his designee, within ten (10) days after the disposition of the grievance at Level One.

Within ten (10) days after receipt of the written grievance by the Superintendent, the Superintendent or his/her designee will meet with the grievant and a representative of the Association in an effort to resolve it and will submit a written decision to the grievant within ten (10) days of said meeting.

11.4.3 Level Three. If the grievant is not satisfied with the disposition of his/her grievance at Level Two, or if no written decision has been rendered within ten (10) days after the grievance hearing, grievant may, within five (5) days, request, in writing, that the Association submit the grievance to the Board. If the association decides to submit the grievance to the Board, it shall be submitted within ten (10) days. The Board shall, within twenty (20) days after receipt of the written grievance, meet with the grievant and a representative of the Association in an effort to resolve it and will submit a written decision to the grievant within ten (10) days of said meeting.

11.4.4 Level Four. Arbitration. In the event that the grievant is not satisfied with the decision at Level Three, he/she may, within (10) days of receipt of the written decision of the Board, request of the District that the grievance be submitted to a neutral arbitrator. Such request must be in writing and be accompanied by a written statement from the Association agreeing to take the grievance to arbitration. If no agreement can be reached on a mutually acceptable arbitrator within ten (10) days after the written request is made, the District and the Association shall jointly request that the American Arbitration Association supply a listing of names pursuant to its Rules. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply in this step. Any award of the arbitrator shall be binding on the grievant, the Association and the District. It shall be the function of the arbitrator to make an award, if necessary, which will resolve the grievance. The arbitrator shall be subject to the following limitations:

11.4.4.1 The arbitrator shall have no power to add to, alter, subtract from, disregard, change, or modify any terms of this Agreement; but shall determine only whether or not there has been a violation, misapplication or misinterpretation of this Agreement, as alleged by the grievant.

11.4.4.2 The award of the arbitrator shall be based solely upon the evidence and arguments presented to him/her in the presence of the parties, and upon any post-hearing briefs of the parties.

11.4.4.3 The arbitrator shall have no power to change any practice, policy, or rule of the District nor to substitute his/her judgment for that of the District as to the reasonableness of any such practice, policy or rule.

11.4.4.4 The arbitrator shall not consider any issue/evidence raised by the grievant or the district unless it was known by both parties at an earlier level of this grievance procedure.

11.4.4.5 All fees and expenses of the arbitrator shall be shared equally by the District and the Association.

11.4.4.6 Both parties, in case of grievance time lines preventing resolution before cessation of school, may mutually agree to expedite by shortening time lines.

11.4.4.7 No grievant shall use the grievance procedure in regard to any claim or complaint for which there is another remedial procedure or course established by statute or by regulation having the force of law.

11.4.4.8 No grievant shall use the grievance procedure to change any practice, policy or decision of the District unless such practice, policy or decision is contrary to the specific provisions of this Agreement.

11.5 Consolidation

For purposes of efficiency the District and the Association, or their representatives, may mutually agree to consolidate grievances involving similar issues.

11.6 Miscellaneous

11.6.1 If a grievance arises from action or inaction on the part of a member of the administration at a level above the principal or immediate supervisor, the grievant shall submit such grievance in writing to the Superintendent and the Association directly, and the processing of such grievance will be commenced at Level Two.

11.6.2 Decisions rendered at Level Two of the grievance procedure will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest and to the president of the Association. Time limits for appeal provided in each level will begin the day following receipt of written decision by the parties in interest.

11.6.3 When it is necessary for a representative designated by the Association to investigate a grievance or attend a grievance meeting or hearing during the day, he will, upon notice to his principal or immediate supervisor by the president of the Association, be given a reasonable amount of released time without loss of pay in order to permit participation in the foregoing activities. Any teacher who is requested to appear in such investigations, meetings or hearings as a witness will be accorded the same right.

11.6.4 All documents, communications and records dealing with the processing of a grievance will be filed in a separate grievance file.

11.6.5 Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be prepared by the Superintendent in consultation with the Association and given appropriate distribution by the Association so as to facilitate operation of the grievance procedure. The cost of preparing such forms shall be borne by the Board.

ARTICLE 12 - ORGANIZATIONAL SECURITY

12.1 Join/Fee/Scholarship

All unit members shall either join VTA/CTA/NEA effective upon employment, pay representation fees or be a religious objector and make a scholarship contribution by payroll deduction or by direct payment to the Vacaville Teachers’ Association. Direct payment shall be made not later than thirty (30) duty days after the first day of duty.

12.1.1 Representation Fee

Any unit member who is not a member of VTA/CTA/NEA, or who does not apply for membership within thirty (30) duty days after employment shall pay a representation fee equal to the yearly dues to VTA/CTA/NEA.

12.1.2 Religion

Any unit member who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support VTA/CTA/NEA as a condition of employment. Such unit member shall pay a sum equal to the VTA/CTA/NEA yearly dues, to the VTA Scholarship Fund, United Way or the American Red Cross. Payment may be made by payroll deduction or may be made in full not later than thirty (30) duty days after date of hire.

12.1.3 All unit members not previously to comply with this article (those hired prior to January 7, 1993) shall comply with this article no later than September 1, 2001.

12.2 Payroll Deduction

Any unit member may sign and deliver to the District a document authorizing deduction of unified membership dues of the Association (VTA/CTA/NEA). Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues or fees from the regular salary check of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization shall be appropriately prorated to complete required payments by the end of the school year.

12.3 Dues Maintenance

The District shall remit any monies deducted through payroll deduction for VTA/CTA/NEA dues or fees to the Association on a monthly basis. Such monies shall be accompanied by an alphabetical list of unit members for whom deductions have been made or payments made, and indicating any changes in personnel from the list previously furnished.

12.4 Indemnification

12.4.1 The Association agrees to pay to the District all reasonable legal fees and legal costs incurred in defending against any court action and/or administrative action challenging the legality of constitutionality of the agency fee provision of this Agreement or their implementation and agrees to pay any judgment or settlement liability arising out of such challenges.

12.4.2 The Association shall have exclusive right to decide and determine whether any such action or proceeding referred to above shall or shall not be compromised, resisted, defended, tried or appealed.

ARTICLE 13 - NO CONCERTED REFUSAL TO WORK

13.1 It is agreed and understood that there will be no strike, work stoppage, slow down, or refusal or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the District by the Association or its officers, agents, or members during the term of this Agreement. In the event of any refusal to work or faithfully perform job functions and responsibilities, the Association agrees to take all necessary steps to terminate these activities.

ARTICLE 14 - TEACHER SAFETY

14.1 Unsafe Conditions

Teachers shall not be required to work under unsafe or hazardous conditions or to perform tasks that endanger their health, safety, or well being.

14.2 Reasonable Force

A teacher may use reasonable force as is necessary to protect himself/herself from attack, to protect another person or property, to quell a disturbance threatening physical injury to others, or obtain possession of weapons or other dangerous objects upon the person or within control of a pupil.

14.3 Reporting Cases

Teachers shall immediately report cases of assault suffered by them in connection with their employment to their principal or immediate supervisor and to local law enforcement agencies. Such notification shall be immediately forwarded to the Superintendent who shall comply with any request from the teachers for information relating to the incident which is not of a confidential nature and which is in the possession of the Superintendent.

14.4 Payment

The Board shall provide for the payment of costs of replacing or repairing eyeglasses, hearing aids and prostheses of a teacher when such items are damaged in the line of duty without fault of the teacher unless such payment would duplicate other compensation to which the teacher is entitled.

ARTICLE 15 - SPECIAL EDUCATION

15.1 It is the responsibility of the District and the Association to insure accurate and proper compliance with the provisions of the law concerning IWENS (Individuals With Exceptional Needs). It is the further responsibility of both parties to protect the contract rights of unit members serving IWENS.

15.2 Based on the CBEDS count and growth units allocated through the SELPA, the District will increase special education staff in proportion to other districts in the SELPA provided funding for those units has been allocated by the State.

15.3 The District will make every reasonable effort to follow the SELPA class size/caseload guidelines for special education staffing.

15.4 The District will make every reasonable effort to equalize caseloads among Speech Therapists across the District.

ARTICLE 16 - MISCELLANEOUS PROVISIONS

16.1 This Agreement shall supersede any rules, regulations or practices of the Board which are contrary to its terms.

16.2 The provisions of this Agreement shall not be interpreted or applied in a manner which is arbitrary, capricious or discriminatory. Rules, which are designated to implement this Agreement, shall be uniform in application and effect.

16.3 Rules and regulations for the Professional Growth Program are covered by a memorandum of understanding dated April 22, 1987.

16.4 Rules and Regulations regarding the accrual, maintenance, and use of compensatory time for Psychologists are contained in a Memorandum of Understanding dated July 1, 1985.

16.5 Refer to Memorandum of Understanding dated January 18, 1991, regarding Year Round Education.

16.6 Equitable Assignment of Adjunct Duties

Based on the parameters outlined in Contract Article 4.1.6, site administrators and staff will endeavor to equalize the amount of time spent on adjunct duties. (Memorandum of Understanding dated August 8, 1994)

16.7 Standardization of Instructional Minutes for all Elementary Schools

The District will make every effort to standardize the instructional minutes for all elementary schools with a maximum range of thirty (30) minutes per week. Schools with site option of early/late program are exempt from this provision. (Memorandum of Understanding dated August 8, 1994)

16.8 Letters of Recommendation

District Administration will meet with the High School Administrators in an attempt to find ways to provide recognition of and relief for those teachers who write many letters of recommendation for scholarships and college applications. Such relief might include released time, comp time, adjunct duty credit or other appropriate means as suggested by members of the High School Administration. (Memorandum of Understanding dated August 8, 1994)

16.9 Non-Classroom Teacher Preparation Time

16.9.1 The following positions are considered by the nature of their duties to have preparation time: Counselors, Librarians, Nurses, Psychologists, Reading Specialists, Speech Therapists, Resource Teachers, Bilingual Specialists and other certificated support personnel. These teachers will schedule their preparation time within their duty day as needed. Therefore, these teachers are not eligible to substitute for teachers during preparation periods. (Memorandum of Understanding dated June 3, 1996)

16.9.2 The above Article does not apply during District declared substitute emergencies. The District Certificated Substitute Shortage Emergency Procedures will be used in emergency situations. (Memorandum of Understanding dated December 20, 1996)

16.10 Special Day Class Release Time

The District will provide release time for Special Day Class Teachers for the purpose of assessment. (Memorandum of Understanding dated July 24, 1997)

16.11 Stipends for CLAD, BCLAD and SB 395

The District will pay unit members a one-time stipend upon filing for a CLAD, BCLAD or SB 395 Certificate. A stipend will also be given for training. (Memorandum of Understanding dated October 8, 2002)

16.12 Elimination of Double C Track at YRE Schools

It is the intent of the District to eventually eliminate the Double C Track at each YRE. In order to do this in progressive years one or more classes at each grade level on Track C will be eliminated beginning with Kindergarten. (Memorandum of Understanding dated March 25, 1999)

16.13 Coaches Stipends

Coaches may voluntarily split their stipend with another coach(es) with the approval of the Athletic Director and site administrator. (Memorandum of Understanding dated June 2, 1999)

16.14 Joint Health Benefits Committee

A Joint Health Benefits Committee will meet to find ways to control health benefit costs. (Memorandum of Understanding dated March 1, 2000)

16.15 Peer Assistance and Review

Committee composition, selection and responsibilities. (Memorandum of Understanding dated May 10, 2000)

16.16 Change in Health Insurance Carrier (Memorandum of Understanding dated June 16, 2000)

16.17 Budget Advisory Committee (Memorandum of Understanding dated January 25, 2002)

ARTICLE 17 - COMPLETION OF AGREEMENT

This document comprises the entire Agreement between the District and the Association on the matters within the lawful scope of negotiation except as otherwise provided within this Agreement. During the term of this agreement, the District and Association agree to meet and negotiate as needed.

ARTICLE 18 - SAVINGS

If any provision of this Agreement or any application thereof to any teacher is held by the highest court with jurisdiction of the State or by a federal court to be contrary to law, then such provision or application shall be subject to negotiation to determine the extent to which affected article(s) will be amended by such court decisions, but all other provisions or applications shall continue in full force and effect.

ARTICLE 19 – LAYOFF LANGUAGE

19.1 Layoffs

Prior to the issuance of any layoff notices to bargaining unit members, the District shall have done the following:

19.1.1 At least fifteen (15) days, but not later than March 1, prior to the issuance of layoff notices, the District shall notify the Association of its intent to layoff bargaining unit members.

19.1.2 Within two (2) working days after Board approval of the issuance of layoff notices, the District shall provide the Association with all pertinent information relating to the contemplated layoffs, including, but not limited to the following: The names, addresses and home phone numbers of certificated personnel represented by the bargaining unit who have been issued layoff notices.

19.1.3 By March 15 the District will provide a preliminary list of all certificated employees ordered by seniority, identifying unit members, work location, assignment and credential held.

19.1.4 By March 15 the District will provide a list of all temporary certificated employees, indicating credentials held.

19.1.5 Within five (5) days of notification by the District of contemplated layoffs, the District shall arrange to meet with the Association to negotiate the impact of the District’s potential determination of layoff unit members regarding any matters not covered by this Article.

19.1.6 In the event of layoff the District shall not contract work formerly performed by laid off unit members to any outside entity.

19.1.7 Members of the bargaining unit who are laid off, and whose layoff is thereafter found to be inconsistent with provisions of law or regulations having the effect of law, shall be immediately restored to employment with no loss in salary or benefits.

19.1.8 The laid off unit member may, if she/he chooses, continue to pay the necessary health/medical premiums on a monthly basis as provided by COBRA.

19.1.9 The provisions of the Education Code relating to the procedures for layoff will be followed.

19.1.10 During the term of this agreement the District shall meet and confer with the Association prior to contracting with any other individual or organization for services provided by members of the bargaining unit.

LEGAL REFERENCES

California Education Code Sections

44948-44960 – Dismissal

87740-87746 – Dismissal – community colleges

Government Code Sections

Chapter 10.7 – Educational Employment Relations Act 3543.2(c) - Scope of Representation – Layoffs