COLLECTIVE BARGAINING AGREEMENT between · 2015-10-04 · Perris Elementary Teachers Association — Perris Elementary School District Collective Bargaining Agreement 2013-2015 Page

COLLECTIVE BARGAINING

AGREEMENT

between

PERRIS ELEMENTARY SCHOOL DISTRICT

July 1, 2013 – June 30, 2015

Perris Elementary Teachers Association — Perris Elementary School District Collective Bargaining Agreement 2013-2015

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TABLE OF CONTENTS 1 2 ARTICLE 1 AGREEMENT ....................................................................................2 3 ARTICLE 2 RECOGNITION ................................................................................2 4 ARTICLE 3 NEGOTIATION PROCEDURES ....................................................2 5 ARTICLE 4 DISTRICT RIGHTS ...........................................................................3 6 ARTICLE 5 ASSOCIATION RIGHTS ..................................................................3 7 ARTICLE 6 PROFESSIONAL DUES, FEES, AND PAYROLL 8 DEDUCTIONS ...................................................................................5 9 ARTICLE 7 HOURS ...............................................................................................5 10 ARTICLE 8 CLASS SIZE .....................................................................................10 11 ARTICLE 9 SCHOOL CALENDAR ..................................................................10 12 ARTICLE 10 SAFETY CONDITIONS OF EMPLOYMENT .............................11 13 ARTICLE 11 CERTIFICATED EMPLOYEE EVALUATIONS .........................11 14 ARTICLE 12 EVALUATED MATERIALS IN PERSONNEL FILES ...............12 15 ARTICLE 13 GRIEVANCES .................................................................................13 16 ARTICLE 14 LEAVE PROVISIONS .....................................................................15 17 ARTICLE 15 ASSIGNMENT, DISMISSAL, TRANSFER, AND 18 FILLING OF VACANCIES ............................................................21 19 ARTICLE 16 SENIORITY ......................................................................................23 20 ARTICLE 17 SUPPORT OF AGREEMENT ........................................................23 21 ARTICLE 18 COMPENSATION AND BENEFITS ............................................24 22 ARTICLE 19 SAVINGS PROVISION ..................................................................28 23 ARTICLE 20 EFFECT OF AGREEMENT ............................................................28 24 ARTICLE 21 COMPLETION OF MEET AND NEGOTIATIONS ...................28 25 ARTICLE 22 YEAR-ROUND SCHOOLS ............................................................28 26 ARTICLE 23 FULL INCLUSION .........................................................................31 27 ARTICLE 24 LENGTH OF AGREEMENT .........................................................32 28 ARTICLE 25 COMMITTEES .................................................................................32 29 APPENDIX A CERTIFICATED SALARY SCHEDULES 30 APPENDIX B CERTIFICATED EVALUATION GUIDELINES 31 APPENDIX C CATASTROPHIC LEAVE BANK 32 APPENDIX D SAMPLE GRIEVANCE FORM 33 APPENDIX E PEER ASSISTANCE AND REVIEW PROGRAM 34 APPENDIX F AGENCY FEE-GOVERNMENT CODE 3546 AND 3546.3 35 36 37 38 39 40 41


Page 2 1 ARTICLE 1 – AGREEMENT 2 3 This is an agreement made and entered into this 20th day of June, 2013, by and 4

between the Governing Board of the Perris School District (Board) and the Perris 5 Elementary Teachers Association/California Teachers Association/National 6 Education Association (Association), an employee organization. 7

8 This agreement is entered into pursuant to Chapter 10.7 Sections 3540-3549 of the 9

Government Code (“Act”). 10 11 This Agreement, including a current negotiated salary schedule shall be and 12

remain in effect from July 1, 2013, to June 30, 2015, and from year to year 13 thereafter, unless amended or altered in accordance with the provisions of Article 3 14 and Article 21. 15

16 ARTICLE 2 – RECOGNITION 17 18

The board recognizes the Association as the exclusive representative of: 19 20

(a) K-6 classroom teachers 21 (b) Special education certificated resource teachers 22 (c) Certificated school nurse 23 (d) Certificated counselors 24 (e) All certificated teachers for federal, state and local projects/programs. 25 (f) Certificated school psychologists. 26 (g) Certificated speech and language specialists. 27 28 as per District Resolution 76-7:7 dated June 10, 1976 – excluding management, 29 confidential and supervisory employees, as defined in the Act – for the purpose of 30 meeting and negotiating. 31

32 ARTICLE 3 - NEGOTIATION PROCEDURES 33 34

No later than the regularly scheduled Board meeting in March of the calendar 35 year in which this Agreement expires, the Association and the District shall 36 submit its initial proposal for a successor agreement to the Board of Education. 37

38 The parties shall meet and commence negotiations in good faith on a successor 39 agreement and/or reopener no later than ten (10) working days after the first 40 regularly scheduled Board meeting in April. 41

42 Negotiations shall take place at mutually agreeable times and places. Whenever 43 possible, one-half of the negotiations will take place during the negotiation team 44 members’ regular work day and one-half will take place outside the regular work 45


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day at a mutually agreeable place and time. The district will provide substitutes as 1 necessary. 2 3

ARTICLE 4 - DISTRICT RIGHTS 4 5 It is understood and agreed that the District retains all of its powers and authority 6

to direct, manage and control to the full extent of the law. Included in but not 7 limited to those duties and powers are the exclusive right to: 8

9 Determine its organization; direct the work of its employees; determine the time 10 and hours of operation; determine the kinds and levels of service to be provided 11 and the methods and means of providing them; establish its educational policies, 12 goals and objectives; insure the rights and educational opportunities of students; 13 determine staffing patterns; determine the number and kinds of personnel 14 required; maintain the efficiency of District operations; determine the curriculum; 15 build, move or modify facilities; determine the methods of raising revenue, 16 contract out work; and take action on any matter in the event of an emergency. In 17 addition, the District retains the right to hire, classify, assign, evaluate, promote, 18 terminate and discipline employees per Education Code Section 44944. 19 20

The exercise of the foregoing powers, rights, authority, duties and responsibilities 21 by the District, the adoption of policies, rules, regulations and practices in 22 furtherance thereof, and the use of judgment and discretion in connection 23 therewith, shall be limited only by the specific and express terms of this 24 agreement, and then only to the extent such specific and express terms are in 25 accordance with law. 26

27 The District retains its right to amend, modify, or rescind policies and practices 28

referred to in this agreement in cases of emergency. The determination of 29 whether or not an emergency exists is solely within the discretion of the Board 30 and is expressly excluded from the provisions of Article 13, “Grievance 31 Procedure.” An emergency shall be defined as a sudden generally unexpected 32 occurrence or occasion requiring immediate action including but not limited to 33 national, state, county, or local declared emergency and natural disasters. In the 34 event it should become necessary to declare an emergency, the District shall 35 inform the Association president regarding the actions being taken by the District 36 which may affect employment conditions of the Unit Member. 37

38 ARTICLE 5 - ASSOCIATION RIGHTS 39 40

The Association and its members shall have the right, upon written request, to 41 make reasonable use of school building facilities when such facilities are not in use. 42 The District shall allow Association representative the use of District equipment, 43 during normal school hours, such as typewriters, copying and duplicating 44 machines, at times when such equipment is not in use by the District, 45


Page 4 at times when the Unit Member is not responsible for district mandated activities. 1

The Association shall provide its own paper, stencils or other supplies. 2 3 The Association shall have the right to post notices of activities and matters of 4

Association concern on bulletin boards assigned for Association use, at lease one of 5 which shall be provided in each school building in areas frequented by Unit 6 Members. The Association may use the District mail service and teacher mailboxes 7 for communications to Unit Members. 8

9 Authorized representative of the Association shall be permitted to transact official 10

Association business on school property at all reasonable times when prior 11 notification has been given to the Principal or his/her designee. 12

13 The Association President shall or the designee shall be given a maximum of (20) 14

school days per year of release time solely for the purpose of transacting 15 Association business. The cost of substitutes will be split between the Association 16 and the District on a 50/50 basis. This change will be effective for the 2007-2008 17 school year on a trial basis. 18

19 The Board shall furnish the Association President or designee with copies of the 20

following documents: 21 22

(A) Names, addresses, and phone numbers of all Unit Members on October 23 15th of each school year and with corrections as they occur. 24

(B) Monthly list (and money) of those who pay their dues by payroll 25 deductions. 26

(C) Copies of filed grievance allegations as outlined in “Grievance 27 Procedures” Article 13. 28

(D) Certificated openings within District per school site (including openings 29 occurring during non-scheduled work days). An opening shall be 30 defined as vacancies occurring due to, but not limited to, retirements, 31 resignations, terminations, transfers, growth and new programs. 32

(E) Tentative budget: Publication budget; final adopted budget, and 33 financial statement for month ending. 34

(F) Period 1 attendance report by the end of the first week in January. Period 35 2 attendance report by the last week in April. 36

(G) One copy per school site of unapproved Board minutes and agendas and 37 one copy to Association President. These documents shall be provided to 38 the President or designee routinely in a timely manner without the 39 necessity for a formal request. 40

(H) Other documents requested by the President or designee shall be 41 provided within ten (10) working days. 42

43 District committees that address issues of concern or interest of the bargaining unit 44

(such as, but not limited to those that address interview, safety, budget, curriculum 45 and health and welfare issues) shall include at least one unit member. The unit 46


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member(s) shall be appointed from a list of unit members provided by the 1 Association President or designee to the Superintendent. 2

3 ARTICLE 6 - PROFESSIONAL DUES, FEES, AND PAYROLL DEDUCTIONS 4 5

The Board and the Association recognize the right of employees to join, form and 6 participate in lawful activities of employee organizations and the equal alternative 7 right of employees to refuse to form, join, or participate in employee organization 8 activities. 9

10 Any Unit Member may sign and deliver to the Board, on District forms, 11

authorization for deduction of unified membership dues, initiation fees and 12 general assessment in the Association. Such authorization shall continue in effect 13 from school year to school year. Pursuant to such authorization, the Board shall 14 deduct one-tenth of such dues from the regular salary check of the Unit Member 15 each month for ten (10) months. Deductions for Unit Members who sign such 16 authorization after commencement of the school year shall be appropriately 17 prorated to complete payments by the end of the school year. 18

19 Any Unit Member may decide whether or not to join an employee organization, 20

but if he/she does join, he/she must maintain the membership in good standing 21 for the duration of the agreement. 22

23 The employee shall, as a condition of continued employment, be required to either 24 join the recognized employee organization or pay their fair share service fee. Any 25 employee who satisfies the legal requirements for religious objector status shall not 26 be required to join or financially support the Association subject to Appendix F on 27 Agency Fee and Government Code 3546 and 3546.3. 28

29 ARTICLE 7 – HOURS 30 31 The regular work day for unit members is seven (7) hours and thirty (30) minutes 32

inclusive of lunch, based on a 183 day calendar year unless otherwise negotiated. 33 34 The regular work day shall include the following: Instructional activities; campus 35

and student supervision outside the classroom; parent conferences; tutorial and 36 guidance assistance to students; professional development meetings; student 37 assessment and diagnostic activities; school and student record maintenance; 38 curriculum development activities; instructional materials development; district 39 committee responsibilities, and other duties clearly required of the profession. 40

41 All Unit Members shall begin their work day not more than 60 minutes or less than 42

30 minutes before the start of the instructional day. 43 44 The beginning hours for the instructional day at each school site shall be 45 established by the Superintendent with the approval of the School Board. 46


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(A) Teacher classroom preparation time shall be directly related to the Unit 2 Member’s own work assignment and shall consist of 300 uninterrupted 3 minutes K-6, based on a five (5) day work week. The minutes shall be 4 before and after the instructional day. Whenever possible, Individual 5 Education Program Team (IEPT) meetings shall be scheduled during the 6 instructional day with substitutes provided at District expense. Informal 7 parent conferences will be scheduled before or after the instructional day 8 whenever possible. 9

(B) Faculty meetings, staff development and/or inservice meetings for 10 district and project compliance purposes shall take place within the 11 regular work day. PM kindergarten teachers will be provided with a 12 suitable substitute teacher or administrator to cover their class whenever 13 possible and or appropriate in order for them to attend site faculty 14 meetings. 15

(C) Parent conferences will be scheduled for four (4) modified days and one 16 non-student day designated for that purpose for the first reporting 17 period. This does not prohibit staff members from meeting with parents 18 and/or students as needed during the school year. 19

(D) Yard and bus duty assignments shall be distributed equitably among the 20 Unit Members. Itinerant Unit Members such as, but not limited to School 21 Psychologists, Counselors, Nurses and Speech Therapists may be 22 assigned not more than 100 minutes of duty per month. This duty must 23 occur outside of regular student contact time (student’s instructional 24 day). The Itinerant Unit Members can be assigned as needed, but should 25 not be placed on an established duty schedule. These Unit Members will 26 be accountable to site administrators for the performance of extra duty. 27

(E) Unit Members are required to attend three District/Site initiated evening 28 activities per school year. Back to School Night and Open House are 29 required. Options for Unit Member’s third evening activity are to be 30 scheduled, posted, and selected within the first 3 weeks of school. 31

32 The attendance of Unit Members who have fulfilled their three-activity 33

requirement, and who are requested by administration to attend further 34 administration initiated activities, is voluntary, not mandatory, and shall 35 be compensated at the contractual hourly rate. Unit Members reserve the 36 right to volunteer for additional evening events without compensation. 37

38 Unit Members shall not be required to spend more than 75 minutes in 39

any evening activity or meeting. On those days when Unit Members are 40 required to return for an evening activity, the Unit Members shall be 41 permitted to leave at the end of the student instructional day. Itinerant 42 unit members shall not be required to attend more than three evening 43 meetings. 44


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(F) Meetings or events outside of normal working hours, excluding those 1 described in (E), shall begin no later than 30 minutes after the student 2 dismissal time of the latest starting school site. 3

4 Each Unit Member shall be entitled to one duty free, uninterrupted lunch period 5 and one 15 minute relief period per day. If the lunch period begins within 2-1/2 6 hours of his/her instructional day, an afternoon break may be scheduled instead of 7 a morning break. The lunch period shall be not less than forty (40) consecutive 8 minutes. A separate room solely for this purpose shall be provided. Unit Members 9 may leave the school site during their scheduled lunch period and shall advise 10 school office of their intent to do so. 11

12 Unit Members assigned to an afternoon (PM) Kindergarten session will be on 13

campus a total of 7-1/2 hours, ending fifteen (15) minutes after the close of the 14 students’ instructional day. The fifteen (15) minute break in such cases will occur 15 after the beginning of the student instructional day. 16

17 All Unit Members agree to attend not more than 120 minutes in faculty meetings 18 per calendar month, to be included in the regular work day. While modified 19 Tuesday calendar is in effect, the 60 minutes banked time shall be used as follows: 20

• Sixty (60) minutes for teacher self-selected lesson planning and 21 classroom preparation is assured for every month school is in session 22

• One hundred twenty (120) minutes in faculty meetings 23 • Sixty (60) minutes for mutually planned collaboration focusing on 24

student achievement 25 26 Pre-service orientation days shall not be subject to the 120 minute limit. 27 28 Additional time for faculty meetings may be necessary at school sites during (not 29

preparing for) mandated state or federal reviews. The administrator at such a site 30 may extend the time for faculty meetings to a maximum of 180 minutes per month 31 for work directly related to the review. This may be done up to four (4) times 32 during the period of the review, but under no circumstances will more than one (1) 33 faculty meeting be held per week. 34

35 All District-wide staff development days shall be scheduled at least one week in 36

advance. The district shall notify off-track unit members who are required to 37 attend district-wide staff development meetings three (3) working days in advance 38 when the location or starting time of the meeting differs from the unit member’s 39 regularly scheduled reporting time or location. 40

41 With respect to the faculty and inservice meetings of this Article, the District 42

representative who calls such meetings shall provide members with an agenda for 43 the meeting at least 24 hours before such meeting is held. 44

45 The number of scheduled work days for Unit Members shall be as follows: 46


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Returning Regular Classroom Teachers 183 maximum 2 Returning Resource Teachers 183 maximum 3 Returning Nurses 183 maximum 4 Returning Counselors 210 maximum 5 Returning Speech Therapists 188 maximum 6 Returning Site Psychologists 199 maximum 7 New Regular Classroom Teachers 188 maximum 8 New Resource Teachers 184 maximum 9 New Nurses 184 maximum 10 New Counselors 214 maximum 11 New Speech Therapists 189 maximum 12 New Site Psychologists 204 maximum 13 14 During pre-service orientation days, Unit Members shall have one-half (1/2) the 15 time, to include One (1) full day, for use in individual preparation in the classroom. 16

17 EXTENDED WORK YEAR 18

19 In meeting the instructional needs of students, the work year of any unit member 20 may be extended beyond their base year. If there are such extensions, the 21 positions affected shall be at the discretion of the District. This extension of the 22 work year shall be assigned on a year-to-year basis, renewable at the discretion 23 of the District. 24

25 (a) Incumbents in the position to be extended shall have the right of first 26

refusal. 27 (b) Extended work year positions shall be filled on a voluntary basis, 28

whenever possible. 29 (c) Unit members working an extended work year shall be compensated at 30

their per diem rate, and will accrue salary credit for purposes of STRS. 31 (d) Unit members working an extended work year shall accrue additional 32

sick days on a pro-rata basis with the one day of sick leave being granted 33 per 183 duty days beyond the regular teacher work year. 34

35 TRADING DAYS 36 37

The practice of teachers trading days will be allowed with the following 38 provisions: 39 40 1. A maximum of seven (7) days per school year will be allowed for each 41

teacher. 42 2. In case of extenuating circumstances where a teacher needs more than the 43

seven (7) days allowed, a unit member may submit a written request 44 approved by the principal, to the Director of Personnel for additional 45 days. In no case shall trading be used for sick leave. 46


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3. Request must be submitted to the building principal at least ten (10) 1 working days prior to the trade unless there is a serious emergency. In 2 no case will a trade be allowed that is not approved by the building 3 principal in advance of the trade. 4 5

6 Teachers shall sign in each morning at their respective work sites for the sole 7 purpose of indicating their presence on campus. 8

9 JOB SHARING 10 11

(A) A shared contract is defined as one in which one position is shared by 12 two Unit Members. 13

(B) Unit Members, at their own option and not by District stipulation, may 14 apply to participate in job sharing. 15

(C) Applicants must submit a written proposal for job sharing to the 16 Superintendent, through the building principal, no later than April 15th 17 listing the proposed schedule, assignment duties, and advantages to the 18 instructional program. 19

(D) Participants will receive proportionate salary and benefits. 20 (E) Participants will receive proportionate allotted time for sick leave. 21 (F) Participants will be placed appropriately on the salary schedule, receive 22

one step increment for each year of job sharing service, as long as they 23 meet the requirements of Page 24, Lines 1-8. 24

(G) Job sharing participants will contribute to the State Teacher’s Retirement 25 System and will receive proportionate years of service toward retirement. 26

(H) Responsibilities of an assignment by two (2) job sharers may be divided 27 and/or allocated according to a plan designed by the job sharers, with the 28 concurrence of their immediate supervisor. 29

(I) Job sharing participants will be on duty full-time during pre-service 30 orientation. 31

(J) Whenever possible job sharing assignments will be filled only by Unit 32 Members who have jointly requested to work together. 33

(K) Acceptance by Unit Members into the job sharing program will be at the 34 discretion of the District. Participants will be notified by May 15th. 35

(L) Participants will be responsible for adequate planning with their partners 36 and for short and long range plans as would any other teacher. 37

(M) If a job sharer leaves for illness, etc., the District will provide a substitute 38 teacher. 39

(N) Participants will sign contracts for shared contract teaching. However, 40 participants will not lose full-time tenure credit they have accumulated in 41 the school district. 42

(O) The District’s commitment to the teachers electing to work less than full 43 time will be less than full time employment in the future. However, the 44 participants have the option of returning to full-time employment for the 45


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subsequent school year, at their written request, submitted by April 15th, 1 providing there is a vacancy covered by their credential. 2

(P) Participants in the program who have not had full-time employment 3 status in the district may apply for full-time employment. The district is 4 under no obligation to honor their request. 5

(Q) Should participants wish to continue job sharing, a written request must 6 be submitted each year by April 15th. 7

8 One release day shall be provided for any unit member who is responsible for a 9

classroom which has been vandalized and requires clean-up and reorganization to 10 provide appropriate instruction and deemed necessary by unit member and 11 supervisor. 12

13 14 15 ARTICLE 8 - CLASS SIZE 16 17 The Association and the District mutually agree that small class sizes are 18

educationally desirable and agree to work toward the attainment of that objective. 19 20 Not later that the tenth pupil attendance day, the pupil population shall be evenly 21

distributed among the regular classrooms. As additional pupils enroll, they shall, 22 whenever possible, be placed in an appropriate classroom in accordance with the 23 following criteria: 24 (A) Enrollment 25

(B) Grade Level 26 The affected Unit Member shall have the opportunity to consult with the principal 27

whenever an extraordinary or innovative classroom arrangement is being planned. 28 29 The District shall make a reasonable effort to obtain a substitute for Unit Members 30

when they are absent. When a substitute cannot be obtained, students will be 31 divided among a minimum of four (4) teachers and each teacher shall be 32 compensated an equal proportion of the daily rate of a substitute, but not less than 33 $25.00. 34

35 No class size shall exceed state education code class size limits when District 36

finances permit. 37 38 ARTICLE 9 - SCHOOL CALENDAR 39 40

Prior to February 15th of each year, the District representative and the 41 Association representative shall meet to negotiate the pupil attendance calendar 42 for the ensuing year. The School Board shall consider this calendar at the next 43 regularly scheduled Board meeting. At any time during the term of this 44 agreement, the Association and the District agree to meet and negotiate to 45


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modify the school calendar if employee work years or student attendance days 1 are changed. 2

3 ARTICLE 10 - SAFETY CONDITIONS OF EMPLOYMENT 4 5 Unit Members shall report immediately to their principal or supervisor cases of 6

assault (verbal or physical and/or battery) suffered by them in connection with 7 their employment, who shall immediately report the incident to the police. Such 8 notification shall immediately be forwarded to the Superintendent. The 9 Superintendent shall comply with any reasonable request from the Unit Member 10 for information in the possession of the District relating to the incident or the 11 person involved and shall act in appropriate ways as liaison between the Unit 12 Member, police and courts. 13

14 Upon notification to the Building Administrator, the District safety team shall 15

inspect for unsafe or hazardous conditions, and shall comply with provisions of 16 the California Occupational Safety and Health Act, as amended (California Labor 17 Code 6300, et seq.) and regulations relating thereto (8 C.A.C. Code Sect. 330, et 18 seq.). 19

20 A written description of the rights and duties of Unit Members with respect to 21

student discipline, including the right to suspend students, shall be presented to 22 each Unit Member, in writing, on the first day of each school year. These rights 23 will also be explained verbally by an administrator to all Unit Members no later 24 than the Unit Member’s thirtieth working day. 25

26 ARTICLE 11 - CERTIFICATED EMPLOYEE EVALUATIONS 27 28

Evaluation and assessment of the performance of each certificated employee shall 29 be made on a continuing basis as follows: 30 • At least once each school year for probationary personnel. 31 • At least every other year for personnel with permanent status. 32 • At least every five years for personnel with permanent status who have been 33

employed at least 10 years with the school district, are highly qualified, if those 34 personnel occupy positions that are required to be filled by a highly qualified 35 professional by the federal No Child Left Behind Act of 2001 and whose 36 previous evaluation rated the employee as meeting or exceeding standards, if 37 the evaluator and certificated employee being evaluated agree. The certificated 38 employee or the evaluator may withdraw consent at anytime (Ed. Code 44664). 39

40 If a Unit Member is scheduled to be evaluated during a particular school year, but 41 is granted a leave of absence for one (1) semester or longer, such evaluation shall 42 take place during the first full year of return to duty. 43

44 The written procedures for evaluation in this agreement shall be maintained by the 45

District for the duration of this Agreement and are attached hereto as Appendix B. 46


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Unit Members to be evaluated during a particular year shall be furnished with a 2 copy of the evaluation procedures, advised of the criteria upon which the 3 evaluation is to be based and notified of the identity of their evaluator(s) no later 4 than the fourth week of school. The Peer Assistance and Review (PAR) Program 5 will also be reviewed at this time. 6

7 Each evaluation shall be based on at least two (2) observations. These observations 8

shall last at least twenty (20) minutes and shall be followed within four (4) work 9 days be an evaluation conference at which the evaluator and Unit Member shall 10 review the observations, establish goals for future observations, and discuss what 11 is to be incorporated into the written evaluation. 12

13 Observations shall be arranged at mutually agreed upon times by the evaluator 14

and the certificated employee at least two (2) days in advance of the observation. 15 16 In the case of negative evaluation, the evaluator shall take positive action to assist 17

the Unit Member in correcting any cited deficiencies as outlined in Appendix B., 18 Form B. The Unit Member shall be granted adequate time to correct all cited 19 deficiencies. 20

21 The Assistance Plan can be drafted after the first observation, but not later than the 22

pre-summative conference (at least 2 weeks prior to March 1). The Plan will 23 conclude in the school year drafted, however, if evaluatee receives a P or U on the 24 final evaluation document, the Assistance Plan may be extended into the following 25 school year. 26

27 The time line for the Certificated Employee Evaluation Process can be found in 28

Appendix B. 29 30 Unit Members shall not participate in the evaluation and/or observation of other 31

Unit Members. 32 33 The evaluator shall not base his evaluation of a certificated employee on any 34

information which was not collected through the direct observation of that 35 employee. Hearsay statements shall be excluded from written evaluations. 36

37 ARTICLE 12 - EVALUATED MATERIALS IN PERSONNEL FILES 38 39 Materials in personnel files of employees which may serve as a basis for affecting 40

the status of their employment are to be made available for the inspection of the 41 person involved. Such material is not to include ratings, reports, or records which: 42 43 (a) were obtained prior to the employment of the person involved; 44 (b) were prepared by identifiable examination committee members: 45 or 46


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(c) were obtained in connection with a promotional examination. 1 2

Every employee shall have the right to inspect such materials upon 3 request, during regular business hours of the District Office, provided 4 that the request is made at a time when such person is not actually 5 required to render service to the employing district. 6

7 Information of a derogatory nature, except material mentioned in Section 8

(a), (b), or (c) of this section, shall not be entered or filed unless and until 9 the employee is given written notice and an opportunity to review and 10 comment thereon. An employee shall have the right to enter and have 11 attached to any such derogatory statement, his/her own comments 12 thereon. Such review shall take place during normal business hours, and 13 the employee shall be released from duty for this purpose without salary 14 reduction. 15

16 Upon written request authorization by the Unit Member, a representative of the 17

Association shall be permitted to examine and/or obtain copies of materials in 18 such Unit Member’s personnel file. 19

20 The person or persons who draft and/or place any materials in a Unit Member’s 21

file shall sign the material and signify the date on which such materials were 22 placed in the file. The affected unit member shall receive written notification that 23 such material is being placed in his/her file and shall be provided with a copy of 24 the material. 25

26 The District shall keep a log indicating the person with written authority, who has 27

requested to examine a personnel file as well as the dates such request was made. 28 Such log shall be available for examination by the Unit Member or his Association 29 representative, if so authorized by the Unit Member. Written authorization shall 30 be attached to the file. 31

32 Access to personnel files shall be limited to the members of the Certificated 33

Management on a need to know basis. Board of Education members may request 34 the review of a Unit Member’s file at a personnel session of a quorum of the Board 35 of Education. The contents of all personnel files shall be kept in the strictest 36 confidence. 37

38 ARTICLE 13 – GRIEVANCES 39 40 Definitions 41

A “Day” is a day in which the Unit Member is required to be on duty or 42 for the Association a day in which the central administrative office is 43 open for business. Upon mutual agreement, a “Day” for the Unit 44 Member may be a day in which the central administrative office is open 45 for business. 46


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1 A “grievance” is a claim by one or more Unit Members or the Association 2

that there has been a violation, misinterpretation or misapplication of a 3 provision of the Agreement. 4

A “grievant” is a person or persons or the Association making the 5 allegations. A grievant may have a member of the Association’s 6 Grievance Committee present at all levels (including informal) of the 7 grievance procedure. Once a formal grievance has been filed the grievant 8 may elect to be represented by a member of the Association’s Grievance 9 Committee. 10

11 The “immediate supervisor” is the lowest level administrator having 12

authority over the grievant who has been designated by the District to 13 adjudicate grievances. 14

15 16

Purpose 17 The purpose of this procedure is to secure, at the lowest possible 18

administrative level, a remedy to alleged violations of this Agreement. 19 Both parties agree that these proceedings will be kept as informal and 20 confidential as may be appropriate at any level of the procedure. 21

22 Levels of Grievances 23 24

Timeline – All grievances must be initiated within 30 days from the date 25 the Unit Member knew or should have known of the event giving rise to 26 the grievance. 27

28 Informal Level - Before filing a formal written grievance, the grievant or 29

the Association shall attempt to resolve it by an informal conference with 30 the grievant’s immediate supervisor. 31

32 Level I - If the grievant is not satisfied with the results of the informal 33

conference, he must, within ten (10) days present his grievance in writing 34 on the appropriate form to the immediate supervisor. The supervisor 35 shall communicate a decision to the employee, in writing, within ten (10) 36 days after receiving the grievance. Within the above time limits either 37 party may request a personal conference with the other party. 38

39 Level II - If the supervisor does not respond within the time limits, or if 40

the grievant is not satisfied with the decision at Level I, the grievant may 41 appeal on the appropriate form to the Superintendent or designee. Such 42 appeal must be made within ten (10) days. A copy of the appeal will be 43 sent at the same time to the President of the Association. The 44 Superintendent or designee shall communicate a decision within ten (10) 45 days after receiving the appeal. Either the grievant or the superintendent 46


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of designee may request a grievance conference within the above time 1 limits. 2

3 Level III - If the Superintendent or designee does not respond within the 4

time limits or if the grievant is not satisfied with the decision at Level II, 5 the grievant may within ten (10) days appeal on the appropriate form to 6 the Board of Trustees. A copy of the appeal will be sent at the same time 7 to the President of the Association. 8

9 Level IV - If the Board does not respond within the limits or if the 10

grievant is not satisfied with the decision at Level III, the grievant may 11 within five (5) days submit a request, in writing, to the Association, with 12 a copy to the Superintendent to submit the grievance for binding 13 arbitration. Within ten (10) days following the receipt of the grievance 14 request to submit the grievance to arbitration, the District shall request 15 the American Arbitration Association of the State Mediation Conciliation 16 Board to provide a list of arbitrators from which the District and the 17 Association shall strike alternately until only one (1) name remains. The 18 remaining name shall be the arbitrator. The fees and expenses of the 19 arbitrator and the hearing shall be borne equally by the District and the 20 Association. All other expenses shall be borne by the party incurring 21 them. The arbitrator shall as soon as possible, hear evidence and render a 22 decision on the issue or issues submitted to him if the parties cannot 23 agree upon a submission agreement, the arbitrator shall determine the 24 issues by referring to the written grievance and to the answers thereto at 25 each step. The arbitrator will have no power to add to, subtract from or 26 modify the terms of this Agreement of the written policies, rules 27 regulations and procedures of the District. After a hearing and after both 28 parties have had an opportunity to make written arguments, the 29 arbitrator shall submit in writing to all parties his findings and 30 recommendations which shall be binding to all parties. 31

32 No reprisals shall be taken against any party participating in the 33

Grievance Procedure herein by the Association or by the District. 34 35

ARTICLE 14 - LEAVE PROVISIONS 36 37 The benefits which are expressly provided by this Article are the sole benefits 38

which are part of this collective agreement and it is agreed that other statutory or 39 regulatory leave benefits are not incorporated, either directly or impliedly, into this 40 Agreement, nor are such other benefits subject to the grievance procedure, Article 41 13. 42

43 The Unit Member on leave shall be entitled to return to a position comparable to 44

that held at the time the leave commences. Every effort will be made to return the 45 Unit Member to the building site assigned prior to leave. 46


Page 16 1 The District Board shall provide Unit Members with a written statement of: 2

his/her accrued sick leave total. Such statement shall be provided during pre-3 service orientation of each year. 4

5 Personal Illness or Injury Leave 6 7

Full-time Unit Members shall be entitled to ten (10) days leave with full pay for 8 each school year for purposes of personal illness or injury. Unit Members who 9 work less than full-time shall be entitled to that portion of the ten (10) days leave 10 as the number of hours per week of scheduled duty relates to the number of hours 11 for full-time Unit Member in a comparable position. 12

13 After all earned leave as set forth in Page 15, Lines 35-41 above is exhausted, 14

additional non-accumulated leave shall be available for a period, not to exceed five 15 (5) school months, provided that the provisions of Page 16, Lines 27-33 are met. 16 The amount deducted for leave purposes from the Unit Member’s salary shall be 17 the amount actually paid a substitute employee employed to fill the position 18 during the leave or, if no substitute is employed, the amount which would have 19 been paid to a substitute. 20

21 If a Unit Member does not utilize the full amount of leave as authorized in Page 15, 22

Lines 35-41 in any school year, the amount not utilized shall be accumulated from 23 year to year. 24

25 Upon request by District Management, a Unit Member may be required to present 26

a medical doctor’s certificate verifying the personal illness or injury and/or 27 medical authorization to return to work. If the illness or injury exceeds three (3) 28 consecutive days, the District may require a licensed physician to render a second 29 opinion. The District shall pay for the second medical opinion. If the report 30 concludes that the absence is not due to personal illness or injury or that the illness 31 did not sufficiently severe to warrant continued absence, then the Superintendent 32 or designee, after notice to the Unit Member, may refuse to grant such leave. 33 34

Whenever possible, a Unit Member must contact the District Office as soon as the 35 need to be absent is known, but in no event less than two (2) hours prior to the 36 start of the students work day, to permit the District time to secure the services of a 37 substitute. 38

39 In all cases where a Unit Member must be on leave, the District will make every 40

effort to secure the services of a substitute employee. 41 42 Absent for Portion of Day - If at any time a Unit Member is absent 43

during the work day for an emergency reason, which shall be defined as 44 any sudden, general, unexpected occurrence or occasion requiring 45 immediate action by the Unit Member, only the amount of the time that 46


Page 17

the person was absent from the work day shall be deducted from the Unit 1 Member’s sick leave. Unit Members will call the District Office as soon as 2 practical whenever a Unit Member must be absent for an emergency 3 reason. The Unit Member will call the District Office as soon as possible 4 to inform the District regarding the duration of the absence. Absences for 5 a portion of a work day shall be accumulated until a half-day (1/2) of sick 6 leave is accumulated at which time a deduction shall be made from the 7 Unit Member’s accumulated sick leave. 8

9 Notification of Intent to Return to Work – A Unit Member who intends 10

to return to work after an absence, must notify the District of his/her 11 intent to return to work. This notification, whenever possible, must occur 12 at least one (1) hour prior to the close of the instructional day on the day 13 proceeding the day the unit member intends to return to work, or at least 14 two (2) hours prior to the start of the Unit Member’s work day. If failure 15 to notify the District results in a substitute being secured for the Unit 16 Member’s classroom, the Unit Member shall not be allowed to return to 17 work and shall be placed on leave without pay. 18

19 Bereavement Leave 20 21 A unit Member shall be entitled to a maximum of four (4) days paid leave of 22

absence upon the death of his/her mother, father, current spouse or child, or 23 three (3) days paid leave of absence upon the death of other immediate family 24 members, or five (5) days paid leave of absence if out of state travel or if travel 25 of 250 miles or more from Perris is required. 26

27 Definition of Immediate Family - For the purposes of this provision an 28

immediate family member shall be limited to mother, father, grandmother, 29 grandfather, legal guardian, step child or a grandchild of the employee or of 30 the spouse of the employee and the spouse, son, son-in-law, daughter, 31 daughter-in-law, brother or sister of the employee or any relative living in the 32 immediate household of the employee. 33

34 Unit Members shall use Bereavement Leave before Personal Necessity Leave 35

days are used for purposes allowed in this paragraph. Bereavement Leave 36 days shall not be deducted from sick leave. 37

38 Judicial Leave 39 40 Unit Members will be provided leave for regularly called jury duty and to 41

appear as a witness in court, other than as a litigant, for reasons onto brought 42 about through connivance or misconduct of the Unit Member. The Unit 43 Member shall submit to the District Office, upon receipt, a copy of the 44 subpoena or summons requesting their appearance. 45

46


Page 18 Jury Duty - The Unit Member, while serving jury duty, will receive pay in the 1

amount of the difference between the Unit Member’s regular earnings and any 2 amount received for jury services except reimbursed expenses. 3

4 Unit Members are encouraged to postpone leave for jury duty to a time that 5

would minimize disruption to the District’s educational program. 6 7

8 9 Sabbatical Leave 10 11 Any Unit Member who has seven or more years service with the district may 12

apply for paid leave for the purpose of studying at a college or university in a 13 field that is directly related to his/her assignment. 14

15 No Unit Member may be granted a sabbatical leave for more than one year’s 16

duration. 17 18

The rate of pay for a Unit Member on sabbatical leave shall be determined to 19 the mutual satisfaction of the Unit Member and the Board with written 20 notification of results of assignment to the Association. 21

22 A Unit Member on sabbatical leave shall be entitled, upon mutual agreement 23

between the Unit Member and the Board, to the same fringe benefits, step 24 advancements and credit for service as he would have been in his regular work 25 assignment. 26

27 Leave Without Pay for Child-Bearing Preparation and Child-Rearing 28 29 Leave without pay or other benefits may be granted to a Unit Member for 30

preparation for child-bearing and for child-rearing. 31 32

Request for Leave - The Unit Member shall request such leave as soon as 33 practicable but under no circumstances less that thirty-five (35) work days 34 prior to the date on which the leave is to begin. Such request shall be in 35 writing on the appropriate District form and shall include a statement as to the 36 dates that employee wishes to begin and end the leave without pay. 37

38 The determination as to the date on which the leave shall begin and the 39

duration of such leave shall be made at the discretion of the Superintendent 40 when considering the scheduling and replacement problems of the District. 41

42 Duration of Leave - The duration of such leave shall consist of no more than 43

twelve (12) consecutive months and shall automatically terminate on June 30th 44 in the school year in which such leave is granted. An extension of leave may be 45 granted, not to exceed an additional twelve (12) months. 46


Page 19 1 2 No Sick Leave - The Unit Member is not entitled to the use of any accrued sick 3

leave or other paid leave while such employee is on child-bearing preparation 4 leave or leave for child-rearing, whether or not the illness or disability is 5 related to a pregnancy, miscarriage, childbirth or recovery therefrom. 6

There shall not be a diminution of employment status for child-bearing or 7 child-rearing, except that no person shall be entitled to compensation, 8 increment or the accrual of seniority for layoff or reduction in force purposes, 9 nor shall the time taken on parental leave count as credit for probationary 10 teachers in earning tenure status. 11

12 If a Unit Member is on leave for child-bearing or child-rearing and in the event 13

of a miscarriage or death of a child subsequent to childbirth, the Unit Member 14 may request an immediate assignment to a Unit position. If there is a vacancy 15 for which a Unit Member is qualified, the District will assign the Unit Member 16 to a position as soon as practicable. 17

18 Industrial Accident Leave 19 20 Industrial Accident Leave shall be as covered in California Education Code 21

Section 44984 with the following provisions: 22 23 The Board has the right to have the Unit Member examined by a physician 24

designated and paid by the Board to assist in determining the length of time 25 during which the Unit Member will be temporarily unable to perform assigned 26 duties and the degree to which a disability is attributable to the injury 27 involved. In case of a disagreement between Unit Member’s personal medical 28 specialist and Board’s medical specialist, a third opinion will be obtained from 29 a mutually agreed certified medical specialist. The cost of the third opinion 30 will be equally shared and will be born by both parties. 31

32 Leave for Pregnancy Disability 33 34 Unit Members are entitled to use sick leave as set forth in Page 15, Lines 37–47 35

and Page 16, Lines 1–2 for disabilities caused or contributed to by pregnancy, 36 childbirth and recovery therefrom on the same terms and conditions governing 37 leaves of absences from other illness or medial disability. Such leave shall not 38 be used for child care, child-rearing or preparation for child-bearing, but shall 39 be limited to those disabilities as set forth above. The length of such disability 40 leave, including the date on which the leave shall commence and the date on 41 which the duties are to be resumed, shall be determined by the Unit Member 42 and the Unit Member’s physician; however, the District Management may 43 require a verification of the extent of the disability through a physical 44 examination of the employee by a mutually agreed upon physician, appointed 45 by the District. 46


Page 20 1 Unit Members are entitled to leave without pay or other benefits for disabilities 2

because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick 3 leave as set forth in Page 15, Lines 37–47 and Page 16, Lines 1–2 has been 4 exhausted. The date on which the employee shall resume duties shall be 5 determined by the Unit Member on leave and the Unit Member’s physician; 6 however, the District Management may require a verification of the extent of 7 the disability through a physical examination of the employee by a physician, 8 mutually agreed upon, appointed by the District. 9

10 Personal Necessity Leave 11

12 Leave which is credited under Page 15 Lines 37-41 of this Article may be used, 13

at the Unit Member’s election, for purposes of personal necessity; provided 14 that use of such personal necessity leave does not exceed seven (7) days in any 15 school year. 16

17 For purposes of this provision, personal necessity shall be limited to: 18 19

(a) death or serious illness of a member of the Unit Member’s 20 immediate family (See Page 17, Lines 9-14 for definition of 21 immediate family); 22

(b) an accident involving the Unit Member’s person or property, or the 23 person or property of a Unit Member’s immediate family (See Page 24 17, Lines 9-14 for definition of immediate family); 25

(c) other personal necessities such as court appearance, compelling 26 urgent personal business, family obligations including adoption, or 27 the funeral or a person significant to the Unit Member who is not a 28 member of the immediate family, are allowed at the discretion of 29 the Superintendent or designee, provided that under no 30 circumstances shall leave be available for purposes of personal 31 convenience or for the extension of a holiday or a vacation period, 32 for matters which can be taken care of outside the work hours, or 33 for recreational activities. 34

(d) Notwithstanding the provisions of Section (c) and Page 20 Lines 25-35 27, two (2) days of non-accumulating personal necessity leave may 36 be used each school year for personal business that can be 37 transacted only during times the unit member is required to 38 perform services for the district. No specific description of the 39 personal business shall be required. The absence shall be reported 40 as personal necessity no less than two (2) hours prior to the start of 41 the work day. If the day requested falls on a Monday / Friday, 42 Student Non-Attendance Day, or the day before or after a holiday, 43 pre-approval is required. The district reserves the right to require 44 documentation if the District believes this section has been abused. 45

46


Page 21 Before the utilization of personal necessity leave a Unit Member must obtain 1

prior written approval, if possible, from the appropriate management person, 2 except for cases of a) or b) above. 3

4 In cases where the Unit Member has exhausted his/her paid leave entitlement, 5

the amount deducted for personal leave from the employee’s salary shall be the 6 amount actually paid a substitute employee employed to fill the position 7 during the leave. If no substitute is employed, the amount deducted shall be 8 the amount which would have been paid a substitute. 9

10 Leave Without Pay 11 12

Upon recommendation of the Superintendent and approval by the Board of 13 Trustees, leave without compensation, seniority increments or tenure credit, 14 may be granted for a period of one school year for the following purposes: 15 Peace Corps, care for a member of the immediate family who is ill (See Page 17, 16 Lines 9-14 for definition of immediate family), long term illness of the Unit 17 Member, services in an elected public office, or professional study or research. 18 Leaves for other purposes may be granted with the mutual approval of the 19 District and the Unit Member with written notification to PETA. 20

21 The application for and granting of such leave of absence shall be in writing. 22

In addition, a Unit Member on such leave shall notify the District Human 23 Resource Office by March 15th of the school year as to intent to return to 24 employment in the District. Failure to do so will be considered abandonment 25 of position. 26

Family Medical Leave Act (FMLA/CFRA) 27 28 In accordance with state and federal law, eligible unit members shall be 29 afforded FMLA and CFRA leave benefits. These benefits shall be consistent 30 with current provisions as well as any future mandatory revisions of the 31 Family and Medical Leave Act and/or California Family Rights Act. Eligible 32 employees are entitled to 12 work weeks of family leave in any 12-month 33 period, which shall be counted backward from the date family leave is taken. 34 Unpaid FMLA and/or CFRA leave shall run concurrently with any paid leave 35 available to the unit member. 36

37 Catastrophic Leave Bank - See Appendix C 38 39 ARTICLE 15 - ASSIGNMENT, DISMISSAL, TRANSFER, AND FILLING OF 40 VACANCIES 41 42 A transfer is the movement of a Unit Member from one work location to another 43

work location at a different work site. 44 45


Page 22

A reassignment is the movement of a Unit Member from one grade level or track 1 to another grade level or track (including all grade level changes in combination 2 classes) at the same work location. 3 4

The District Management shall determine assignment within the District for the 5 ensuing school year no later than May 15th. Written notification to the Unit 6 Member shall be made within two (2) working days. All known vacancies for the 7 ensuing school year shall be posted in each school and at the District Office by May 8 1st. Nothing in the assignment shall be construed as limiting the right of District 9 Management from making any changes in such assignments or programs. 10

11 The Unit Members affected by any change in assignment shall be given notice at 12

least five (5) calendar days before the change is made. Page 21, Lines 19-31 above 13 shall not apply to initial assignments for a new school. 14

15 In addition to other means of communication, the District shall utilize electronic 16 means of communication, including but not limited to online services and e-mail, 17 to post all known vacancies are required. 18

19 For the purposes of this provision a vacancy is any unit position which remains 20

unfilled after assignments pursuant to Page 21, Lines 19-31 above. 21 22 Consideration will be given to all applications from Unit Members for posted 23

vacancies which are properly submitted in writing, to the District Superintendent 24 during the five day posting period. However, the final selection is within the sole 25 discretion of the District Management. 26

27 No posted vacancy shall be permanently filled until five (5) district work days after 28

notice of vacancy has been posted. 29 30

Transfers/Reassignments – One release day shall be provided for any Unit 31 Member who is being reassigned to another classroom during the school year. 32 Two release days shall be provided for any unit member who is being transferred 33 to another school site during the school year. The District shall provide assistance 34 in moving of the Unit Member’s material whenever a Unit Member is transferred 35 or reassigned. 36

37 Transfers of bargaining Unit Members may be initiated by the District 38

Management at any time in writing whenever such transfer is in the best interest of 39 the District as defined by the District Management. A Unit Member affected by 40 such a change shall be given notice as soon as administratively practicable. A 41 conference will be held between the appropriate management person and the Unit 42 Member in order to discuss the reason for the transfer. 43 44 Voluntary Transfers – A Unit Member may request a voluntary transfer 45

to take effect during the school year of or at the beginning of the next 46


Page 23

school year, whether or not a vacancy exists. The request must be made 1 in writing. 2

3 When the request is made for a transfer to take effect at the beginning of 4

the next school year, the request shall be made not later than April 1st of 5 the school year preceding the effective date. 6

7 Consideration will be given to all applications for the vacancy which are 8

properly submitted, in accordance with the District Affirmative Action 9 Policy; however, the final selection is within the sole discretion of the 10 District Management. 11

12 If a voluntary transfer request is denied, upon request, a Unit Member 13

shall be provided in writing with the specific reasons for the denial. 14 15 Involuntary Transfers – Transfers shall be based exclusively on the 16

legitimate, education-related needs of the District. 17 18 A meeting shall be held with the affected Unit Member and the reasons 19

for the decision will be provided in writing. 20 21

Teachers on Special Assignment (TOSA) – To the extent possible, the 22 Unit Member returning from a TOSA position shall be returned to their 23 school of origin. 24

25 26 27 28 29 ARTICLE 16 – SENIORITY 30 31 The District shall maintain a current seniority list and shall provide the Association 32

with an updated list by October 15th each year. 33 34 Unit Members employed on the same date shall have their seniority number 35

determined by lot. The Association, represented by the President or designee, 36 shall be present at the drawing through which seniority numbers are determined. 37

38 ARTICLE 17 - SUPPORT OF AGREEMENT 39 40 The District and the Association agree that it is to their mutual benefit to encourage 41

the resolution of differences through the meet and negotiation process. 42 43 Term - Agreement will stay in force until the negotiations for new contract are 44

settled. 45 46


Page 24 ARTICLE 18 - COMPENSATION AND BENEFITS 1 2 The salary schedules and salary classification requirements for all Unit Members 3

are set forth in Appendix A. 4 5 All Unit Members who serve other than the required number of days as set forth in 6

Article 7 for their job classification shall receive salary and health and welfare 7 benefits which are not less than that which bears the same ratio to the established 8 annual salary and health and welfare benefits for full-time position, as the number 9 of days they serve bears to the number of working days required for their job 10 classification. 11

12 The payroll period shall be defined as monthly beginning with July 1st and ending 13

with the last working day of each work month. Salary payments shall be paid not 14 later than five (5) days after the last day of the work month. 15

16 The Board shall provide all Unit Members with health and welfare benefits as 17

stated in Appendix A. 18 19 Should a Unit Member’s employment terminate following the last day of the 20

school year and before the commencement of the ensuing school year, such teacher 21 shall be entitled to continued coverage under the health plan commensurate with 22 the amount paid. 23

24 Unit Members who are absent on account of illness and who have exhausted their 25

accumulated sick leave shall continue to receive full District contract insurance 26 coverage to be paid by the Board for that period of illness while on leave on paid 27 status. 28

29 The District will accept a maximum of 10 years of credit for teaching experience in 30

a public school for initial placement on the salary schedule based on limitations of 31 the District salary schedule structure. 32

33 A year’s credit is defined as having served for at least 75 percent of the number of 34

days the regular school in the district are maintained. 35 36 Step advancement for any given group column on the salary schedule requires one 37

(1) year of teaching in the District for each step. 38 39 A statement of intention to change groups on the salary schedule must be made by 40

April 15th of the preceding school year. 41 42

Verification of units that will change a person’s place on the salary schedule must 43 be filed with the Personnel Office by August 15 to be effective July 1 or February 15 44 to be effective February 1 and is subject to the requirements as stated above. 45

46


Page 25 Placement and/or advancement in salary groups for all certificated personnel will 1

require the following degrees and upper division or graduate credit after date of 2 degree: 3

4 Group I B.A. Degree 5 Group II B.A. Degree and 15 semester units 6 Group III B.A. Degree and 30 semester units, including Preliminary 7

Credential 8 Group IV B.A. Degree and 45 semester units or M.A. Degree 9 Group V B.A. Degree and 60 semester units or 10 M.A. Degree and 15 semester units 11

Group VI B.A. Degree and 75 semester units including a Masters Degree or 12 a Masters Degree and 30 semester units (for new employees hired 13 on or after 7/1/06) 14

Increment: Group VI only 15 Year 17 in district - 1.75% per month 16 Year 20 in district - 1.75% per month 17 18 NOTE: Equivalents to semester units are quarter units times the factor of 2/3 and 19

may be substituted for semester units in group requirements. Four (4) quarter 20 units of college credit will be accepted as three semester units of credit (instead of 21 2-2/3) when doing so will place a credentialed person in another salary group. 22

23 The Director of Human Resources, or his/her designee, will evaluate all units 24

submitted for the purpose of salary schedule advancement. In the event that units 25 are denied, Unit Members may submit a written appeal to the Director of Human 26 Resources. The Appeals Committee, which is comprised of three (3) members of 27 PETA’s Executive Board, a Building Principal selected by the District, and the 28 Assistant Superintendent of Educational Services, and the Director of Human 29 Resources, or their designees, will make the final decision on the acceptance or 30 denial of the units in question. The Unit Member will receive the Appeal’s 31 Committee decision within twenty working days from the date of receipt. The 32 Director of Human Resources will be a non-voting chairperson. The voting 33 members shall include three (3) teachers and two (2) District administrators. 34

35 All previous education experience must be verified by official statement by 36

employee or other disinterested persons before experience credit shall be allowed. 37 No contract will be issued until verification of experience is received. Placement 38 and classification will be made from the employee’s individual record of 39 experience and academic training on file in the office of the Superintendent. 40 Responsibility for providing the office with up-to-date records of credits for 41 completed college work and for credentials and degrees held rests with the Unit 42 Member. 43

44 Qualified retiree: The District will contribute the cost of single person medical 45

insurance per qualified retiree per year toward the premium of the District’s 46


Page 26

current employee only medical insurance plan. The District shall pay full medical 1 benefits (medical coverage only) for qualified retirees until Medicare takes over 2 and shall pay full medical benefits for those retirees who do not qualify for 3 Medicare. A “qualified” retiree means a unit member who satisfies the following 4 criteria: 5

6 1. Age 55 or older when he/she retires from the District. 7 2. Has retired from the District. 8 3. Has not attained the age of 65 or is not eligible for Medicare. 9 4. Has twenty (20) years of teaching experience including twelve (12) years 10

of continuous teaching experience in the District immediately preceding 11 his/her retirement. 12

13 SUBSTITUTE ASSIGNMENT 14 15 Full-time bargaining unit members who are off track or on vacation will be given 16 priority for approximately one-half (1/2) of the available substitute teaching 17 positions. The District will pay unit members the current long term substitute 18 teacher rate of pay. 19

20 SUMMER SCHOOL 21

22 Summer school programs are optional and operated at the discretion of the 23 District. The District shall notify the Association of its intent to provide summer 24 school. Summer school vacancies shall be posted by April 15th. Written 25 notification of summer school teacher selection or non-selection will be made 26 prior to May 30th. All offers of summer school employment are contingent upon 27 sufficient enrollment and funding to support the program. 28 29 Selection Process 30 Teachers will be selected for Summer School assignments through an application 31 and interview process. The interview panel shall include at least one PETA unit 32 member. The unit member shall be appointed from a list of unit members 33 provided by the Association President, or designee, to the Superintendent. 34 35 Those applying must have “Meets or Exceeds Standards” ratings in all six CSTP 36 standards on their most recent summative evaluation. All applications will be 37 paper screened for full credentials and proper authorizations. Not all applicants 38 may be interviewed for summer school assignments. Final selection of summer 39 school teachers may include teaching a demonstration lesson for the interview 40 panel. 41 42 Unit members who taught Summer School the previous two years will not be 43 considered until all other applicants have been through the selection process. 44 45 46


Page 27

Hours 1 Teachers may be required to attend summer school planning meetings. Teachers 2 will be given 30 minutes of prep time each day. In addition, two prep days (five 3 hours each) will be provided. Teachers will be assigned supervision duty on a 4 rotating schedule that will be established by the Summer School Administrator. 5 6 Compensation 7 Compensation will be at prevailing hourly rate as defined in the collective 8 bargaining agreement with PETA. 9

10 11

HEALTH ADVISORY COMMITTEE 12 13 The District and the Association agree to establish a Health Advisory Committee 14 (HAC) whose purpose shall be to recommend to the Association and the District, 15 cost effective levels and types of benefits for its members with the established and 16 agreed upon funds for this purpose. The committee shall be composed of the 17 following members: 18 19

• 1 member appointed by the Governing Board 20 • 2 members selected by PETA 21 • 2 members selected by CSEA 22 • 2 administrators appointed by the Superintendent 23 • 2 confidential employees 24

25 All costs of meetings and conferences (substitutes, registration fees, travel, etc…) as 26 well as related expenses of the committee shall be paid by the District. The District 27 retains the right to approve/disapprove or modify all conference attendance 28 requests made by committee members and other costs associated with this 29 committee. Conference attendance shall be equitably split between District and 30 Association personnel. Members of this committee shall not receive any additional 31 compensation as a result of participating in this committee. 32 33 TAX SHELTERED ANNUITIES: Unit Members currently eligible for and 34 participating in district-paid Tax Sheltered Annuities (TSA’s) shall have their 35 district paid portion of said TSA contribution permanently capped at their 1992-36 1993 levels. Unit Members who subsequently use and/or reduce any portion of 37 their district paid portion of the TSA for any purpose shall have the District 38 contribution capped at the new, lower level. 39 40 INCOME PROTECTION INSURANCE: The District agrees to pay CTA Income 41 Protection Insurance for CTA members currently receiving this benefit. It is agreed 42 and understood that income protection benefit shall not be available to Unit 43 Members who began service after January 1, 1993. New employees shall have the 44 right to elect CTA Protection Insurance, provided they authorize the District to 45 deduct the premium from their payroll. 46


Page 28

1 STAFF DEVELOPMENT BUY-BACK DAYS 2

3 Certificated Teachers who attend Staff Development Training Days outside of the 4 regularly negotiated calendar year, as part of the State of California "Buy-Back 5 Days," shall be paid at their per diem rate, up to a maximum of $240.00 per day. 6 Teachers will be subject to all State Staff Development Attendance Requirements. 7 This provision will only be in effect as long as the State of California funds the Staff 8 Development Program. 9 10 ADDITIONAL DUTY 11 12 Teachers will be paid at a rate of $30.00 per hour, when such time is spent serving 13 on District committees and work study groups outside of the contractual work day. 14

15 ARTICLE 19 - SAVINGS PROVISION 16 17

If any provision of this Agreement is held to be contrary to law by a court of 18 competent jurisdiction, such provisions will not be deemed valid and subsisting 19 except to the extent permitted by law, but all other provisions will continue in 20 full force and effect. 21

22 ARTICLE 20 - EFFECT OF AGREEMENT 23 24

It is understood and agreed that the specific provisions contained in this 25 Agreement shall prevail over District policies and procedures and over state laws 26 to the extent permitted by state law and that in the absence of specific provisions 27 in this Agreement, such practices and procedures are discretionary with the 28 District. 29

30 31 ARTICLE 21 - COMPLETION OF MEET AND NEGOTIATIONS 32 33

The Association and the Board agree that they shall not meet and negotiate during 34 the term of this Agreement except as follows: 35

36 (A) Best efforts will be made to complete negotiations prior to September of 37

each year and negotiations regarding fringe benefits may be completed 38 prior to the completion of negotiations over other subject of bargaining. 39

40 ARTICLE 22 - YEAR-ROUND SCHOOLS 41 42 PROVISIONS OF YEAR-ROUND SCHOOLS AGREEMENT 43 44


Page 29

Provisions of this article apply to year-round schools only. Except for 1 these provisions, Members of the Unit involved in year-round schools 2 will be subject to all other provisions of the agreement. 3

4 ASSIGNMENT TO TRACKS 5 6

In making initial assignments to tracks, principals shall work 7 collaboratively with members of the unit. “Collaboratively” is defined as 8 obtaining input from unit members concerning their respective 9 preference. 10

11 Unit members at a specific school site implementing the year-round 12

education plan shall be given first priority for track assignment. 13 14 When two (2) or more members apply for a year-round track, the District 15

shall make assignments to tracks using ordered criteria: 16 17

(a) Teaching experience at their current school site; 18 (b) Teaching experience at the grade level; 19 (c) Seniority within the District; 20 (d) Appropriate clear credential, whenever possible; 21 (e) Such applicant shall have an overall satisfactory evaluation 22

on his/her most recent evaluation in that he/she is 23 recommended for re-employment and does not have such 24 serious deficiencies in performance such that the District is 25 providing a continuing program of positive assistance; 26

(e) The bargaining unit member has not exercised his/her 27 voluntary transfer rights within the past year. Normally, 28 bargaining unit members will not be permitted to transfer 29 voluntarily more than once in each school year. Exceptions 30 to this rule shall be allowed upon mutual agreement of the 31 District and the unit member. 32

33 Under certain circumstances, it may be appropriate for the administrator 34

to take into consideration criteria not mentioned above. 35 36 If the administrator does not use the ordered criteria when making track 37

assignments, the administrator will give the involved unit members the 38 specific criteria used to make the assignment, in writing. 39

40 Every effort will be made to assign unit members married to other unit 41

members in the District to the same track. Administrators shall make the 42 final decision based on the best interest of the students. 43

44


Page 30

Unit members whose children attend year-round schools in the Perris 1 Elementary School District shall be given priority during the registration 2 process for scheduling of their children’s track assignment. 3

4 Unit members desiring a change in track assignment subsequent to the 5

initial year of implementation and providing a vacancy exists, shall 6 submit a letter to do so no later than March 1st of the preceding year-7 round school year. 8

9 Tenured teachers wanting to transfer out of a school participating in a 10

year-round education program shall have preference, whenever possible, 11 should a vacancy exist, over a non-tenured teacher. 12

13 ASSISTANCE IN MOVING 14 15 Unit members at a year-round school site shall be provided assistance from the 16

District with the moving of instructional materials at the end of, or beginning of a 17 track in the year-round school programs. The District shall make every effort to 18 provide the necessary storage and securing of off-track teachers’ materials and 19 equipment. 20

21 FLEX TEACHER ASSIGNMENTS 22

23 A flex teacher is one who moves to a room vacated when a teacher goes off track. 24

In a 60/20 calendar the flex teacher and students move to a vacated classroom 25 approximately each 20 days. 26

27 Should it become necessary to assign a unit member to a flex teacher assignment, 28

before reaching a final decision, consideration shall include grade level needs, 29 teacher seniority, credential requirements, and teaching experience. Each year 30 when assigning a flex teacher assignment the following procedure shall be 31 followed: 32 33 1. The District will be responsible for moving all material for a flex 34

teacher from one room to another at each room change. These 35 moves will be accomplished at a time that will not interfere with 36 the existing educational program. 37

38 2. The District will make every effort to provide movable cabinets to 39

store materials. 40 41 3. Whenever possible, no extra duty assignments (i.e., committee 42

meetings, after school meetings or activities, etc.) will be assigned 43 to affected unit members the week prior to and following each 44 room move. 45

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4. Flex unit members will not be assigned to Kindergarten. 1 Whenever possible, flex unit members will not be assigned to first 2 grade. 3

4 NOTICE TO OFF-TRACK UNIT MEMBERS 5 6 Off-track Unit Members may receive information related to job vacancies, changes 7

in District policies that are pertinent, and changes at their work site by contacting 8 the appropriate administrator and/or their designee. Vacancies will be posted. 9

10 SALARY 11 Unit members working in a year-round program will be compensated on a twelve 12

(12) month basis unless other arrangements can be made with the county. 13 14 SENIORITY CRITERIA 15 16 Seniority will be based on the following ordered criteria: 17 18

1. Seniority within the District. 19 2. Seniority at the current school site. 20 3. Seniority experience at grade level. 21 4. Appropriate Clear Credential. 22

23 SALARY ADVANCEMENT 24 25

A statement of intention for salary column advancement shall be submitted to the 26 Human Resources Office on or before April 15. Verification of units that will 27 change a person’s place on the salary schedule must be filed with Human 28 Resources Office by August 15 to be effective July 1 or February 15 to be effective 29 February 1. 30

31 DISCONTINUANCE OR MODIFICATION OF YEAR-ROUND 32

SCHOOLS 33 34 The year-round education program may be modified or discontinued at the 35

discretion of the Board of Education. The Superintendent shall notify the 36 Association within a reasonable amount of time prior to action being taken on such 37 modification or discontinuance. 38

39 ARTICLE 23 - FULL INCLUSION 40 41

The district agrees to establish a committee to investigate the conditions under 42 which full inclusion students shall be placed in regular education classrooms. 43 44

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Page 32 ARTICLE 24- LENGTH OF AGREEMENT 1 2

This agreement, including salary schedules (Appendix A), shall be in effect from 3 July 1, 2013 to and including June 30, 2015 and from year to year thereafter unless 4 altered or amended in accordance with the provisions of Article 2 and Article 21. 5

6 ARTICLE 25- COMMITTEES 7 8

District committees that address issues of concern or interest of the bargaining 9 unit (such as, but not limited to those that address interview, safety, budget, 10 curriculum and health and welfare issues) shall include at least one unit member. 11 The unit member(s) shall be appointed from a list of unit members provided by 12 the Association President, or designee, to the Superintendent. Teachers will be 13 paid at a rate of $30.00 per hour, when such time is spent serving on District 14 committees and work study groups outside of the contractual work day (Article 15 18). 16

17 Existing Committee List: 18 19 District Committees: 20

• Appeals Committee (Article 18): will make the final decision on the acceptance or 21 denial of the units in question 22

• Health Advisory Committee (Article 18): to recommend to the Association and 23 the District, cost effective levels and types of benefits for its members with the 24 established and agreed upon funds for this purpose 25

• Full Inclusion (Article 23): to investigate the conditions under which full 26 inclusion students shall be placed in regular education classrooms 27

• PAR Panel (Appendix E): to participate in a Peer Assistance and Review 28 Program (in lieu of $30 an hour, teachers receive a stipend) 29

30 PETA Committees: 31

• Association’s Grievance Committee (Article 13): to secure, at the lowest possible 32 administrative level, a remedy to alleged violations of this Agreement 33

• Catastrophic Leave (Appendix C, Page 1): have the responsibility of maintaining 34 the informal records of the CLB, receiving withdrawal requests, verifying the 35 validity of requests, approving or denying the request, and communicating its 36 decisions, in writing, to the participants and to the District 37

38 39 For the Association For the District 40 41 42 43 44 PETA President Director of Human Resources 45

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COLLECTIVE BARGAINING AGREEMENT between · 2015-10-04 · Perris Elementary Teachers Association — Perris Elementary School District Collective Bargaining Agreement 2013-2015 Page