AUSD / ADTA Contract

A. This Agreement is made and entered into the 29th day of October, 2009, by and between ATASCADERO UNIFIED SCHOOL DISTRICT, (hereinafter referred to as the "District" or "Employer") and the ATASCADERO DISTRICT TEACHERS’ ASSOCIATION, an affiliate of CTA and NEA (hereinafter referred to as "Exclusive Representative" or "Association"), an employee organization, and pertaining to unit members (hereinafter referred to as "Employees") in the bargaining unit.

A. The Board recognizes the Atascadero District Teachers’ Association as Exclusive Representative for the certificated employees of the District, as follows:
•Classroom Teachers (full and part-time)
•School Nurses
•Librarians
•Counselors

The positions excluded from this unit include:
•Adult Education Teachers
•Substitute Teachers
•Psychologists
•Specially contracted hourly employees
•Management, Supervisory, and Confidential Employees

2009-2010 SALARY

A. The Salary Schedule and Extended Day Pay Schedules are attached as Appendix A and Appendix B. For the 2009-10 school year, There was NO compensation adjustment to the salary schedule.

B. Column and step movement shall be granted to those employees who are eligible.

•Appendix B Extended Day Pay(link)
The Stipend Review Committee will continue to review the Exta Duty stipends and job titles and make a recommendation to the parties.

2008-2009 SALARY

A. The Salary Schedule and Extended Day Pay Schedules are attached as Appendix A and Appendix B. For the 2008-09 school year, there was NO compensation adjustment to the salary schedule.

B. Column and step movement shall be granted to those employees who are eligible.

•Appendix B Extended Day Pay
The Stipend Review Committee will continue to reviw the Exta Duty stipends and job titles and make a recommendation to the parties.

2007-2008 SALARY

A. Effective October 1, 2007, the District will adopt a salary schedule which represents a net cost to the District of a four and 50 tenths(sic) percent (4.50%).

B. Column and step movement shall be granted to those employees who are eligible.

•Appendix B Extended Day Pay
Appendix B shall be increased by 4.50%, effective October 1, 2007.
Area VI – JH Yearbook (full stipend).
The Stipend Review Committee will continue to reviw the Exta Duty stipends and job titles and make a recommendation to the parties.

Daily Rate of Pay(Back to Top))

C. Daily rate of pay is calculated by dividing an employee's base pay on the salary schedule by the number of days in the employee's work year.

Units Credited for Salary Advancement(Back to Top)

D. Shall be credited as they are earned subject to the conditions specified below:

1. An official transcript of courses completed or a statement signed by the instructor or the registrar of the college or university that the course has been satisfactorily completed will be required no later than the last working day before October 1, to be applicable for salary schedule placement purposes for that school year. Failure to observe this provision shall cause the crediting of the units to be held to the next school year except in extenuating circumstances.

2. Units are defined for the purposes of this Article and Appendix A as semester units.

3. Satisfactory completion of each unit of approved college credit is required to advance from one salary class to another. Courses to be credited for advancement on the salary schedule must be approved by the appropriate District Management person prior to completion of the course. With respect to units taken for credit on the salary schedule, the units must be upper division or graduate level courses.

a. An employee may request credit for a lower division course. If a site administrator makes a favorable recommendation of a lower division course, the Superintendent or designee shall review such recommendation prior to approval being granted. Approval shall be on a case-by-case basis and no approval shall set a precedent.

-------b1.   Relate to the employee's teaching assignment;
-------b2.   Be a part of a program leading toward an advanced degree in a field related to the employee's teaching assignment or a field in which the employee is credentialed to teach within the District; or
-------b3.    Be a part of a program leading toward an additional education services credential.

4. If the employee takes a course for which salary credit is not allowed pursuant to paragraph D.3.b.1 of this Article, and if within two years of taking the course the employee is reassigned to teach in the area of the course taken, the District shall reevaluate the course for salary credit based upon paragraph D.3.b.1 of this Article.

a. The District may, but is not obligated to, give credit for courses taken without prior approval.

b. An employee shall have completed at least four semester units every six years to advance. The District will provide in-service programs that employees may attend in order to meet this requirement within the six-year period.

Initial Salary Schedule Placement(Back to Top)

E. When employees are employed initially in the District, their transcripts will be evaluated to determine which graduate courses completed, in addition to those required for a bachelor's degree, will be accepted for salary schedule purposes.

1. Placement on the first step of the salary schedule is based on the completion of a bachelor’s degree from an accredited college or university with no additional approved units and with no creditable years of teaching experience.

2. Units and degrees will be accepted only from accredited colleges and universities. Accredited colleges and universities are defined for purposes of this Article and Appendix A as those from which units are accepted by the California Commission for Teacher Preparation and Licensing.

3. Teaching experience gained in public, or private, academic, industrial, and vocational schools and Public Health Nursing Services accredited by recognized accrediting agencies will be granted for purposes of initial salary placement, regardless of credential status.

4. A maximum of eight years of previous teaching experience shall be granted for teachers entering the District for the first time.

a. A minimum of 75% of the teaching days of the year must be completed for one year credit.

b. After initial credit is given, year for year credit shall be given for additional experience in the District.

5. Vocational education teachers whose credentials are based upon a bachelor's degree and supervised practice teaching will be placed on the salary schedule in the same manner as regular teachers.

a. Vocational education teachers whose credentials are based upon work experience at the journeyman level, with or without a bachelor's degree and without supervised practice teaching, will be placed on the first step of the salary schedule.

b. Work experience beyond that required by vocational education teachers for their credential, will be credited on the basis of one year's salary schedule advancement for every two years of work experience completed up to a maximum of eight years of credit on the initial salary schedule placement.

c. Salary schedule advancement will be allowed for creditable units earned beyond the issuance of the work experience based credential.

Use of Vehicles(Back to Top)
F. Employees are expected to utilize District-owned vehicles for District-directed activities. In any instance where a District-owned vehicle is not available for employee utilization, the employee shall be reimbursed at the current IRS mileage reimbursement ratefor the utilization of a non-District-owned vehicle.

1.1 For the 2009-10 school year, the District shall pay a monthly premium of up to $657.05 for health, dental, and vision insurance for the employee and dependents. This is a dollar amount contributed for health, dental, and vision insurance.

1.2 For the 2008-09 school year, the District shall pay a monthly premium of up to $657.05 for health, dental, and vision insurance for the employee and dependents. This is a dollar amount contributed for health, dental, and vision insurance.

1.3 For the 2007-08 school year, the District shall pay a monthly premium of up to $657.05 for health, dental, and vision insurance for the employee and dependents. This is a dollar amount contributed for health, dental, and vision insurance.

a. The current Health Plan deductible rate varies from $300 to $4,000. The co-insurance maximum varies from $0 to $6,000. This statement is for information purposes only. For specific benefits and limitations, consult the applicable insurance certificate.

Proration of Contributions(Back to Top)
B. For employees whose assigned workday is less than the normal workday, but more than one-half the normal workday, the District shall prorate its contribution for fringe benefits based upon the ratio of the employee's workday to a normal workday.

In Lieu Contributions(Back to Top)

C. No in-lieu payments or contributions to programs other than those, which the district provides above, shall be made by the District for any employees who elect not to subscribe to the benefits provided by this Article.

Selection of Insurance Providers(Back to Top)

D. In return for the provisions of fringe benefits and the payment of the premiums thereof, the District shall be entitled to select the provider of the above-specified benefits.

1. There shall be no change in provider(s) without prior notice to the Exclusive Representative and an opportunity for consultation.

2. No change shall constitute an increase of premium to be paid for by the employee during the school year.

Retiree Medical Insurance(Back to Top)

E. An employee who retires from employment with the District and who meets the criteria below shall be allowed to continue the full major medical insurance coverage which is in effect for active certificated bargaining unit members.

1. The premium for medical insurance coverage (including dependents) shall be prepaid to the District by the employee at least 30 days in advance of the due date for District transmittal of the funds to the insurance carrier(s). The District may require lump sum payments for any period of less than one full school year.

2. The parties agree that an employee who opts to utilize this program shall be separated from the regular group for purposes of tracking the usage of medical Insurance and the cost impact on the rest of the bargaining unit.

3. In order to be eligible for this program, an employee must be enrolled in the regular medical insurance program for the entire school year in which the employee retires.

4. Failure by an employee to make the prepayment to the District by the deadline set forth in paragraph E.1 of this Article shall cause the employee to be ineligible for this benefit.

District Contribution for Retired Employees(Back to Top)

F. Any employee covered by this Agreement who:

Shall receive a District contribution forthe medical, dental, and vision insurance until the retiree reaches age 65 or until the retiree becomes eligible for other health and welfare benefits (e.g. Social Security Medicare B, or National Health Insurance, if enacted), whichever occurs last, in the following amounts:

Single Party $392.05 per month
Two Party $657.05 per month
Family $922.05 per month

2. The employee must have been enrolled in and covered by the District health and welfare coverage for at least the last 10 consecutive years prior to retirement.

3. For the purpose of calculating "consecutive years of paid service," District-approved leaves of absence shall not be considered as a break in service.

4. The word "eligible" as used herein shall mean the attainment of the age at which the retiree may apply for the other benefits.

5. At the time when the retiree becomes "eligible" for other benefits, the retiree's medical insurance coverage shall be modified pursuant to the terms of the medical insurance policy.

6. When the retired employee reaches age 65 and no longer receives District contributions to the health and welfare program, the retiree may, with the approval of the carrier(s), continue applicable coverage at the retiree's expense, subject to the provisions of paragraph E.1-4 of this Article.

7. lf the retired employee dies prior to age 65, the District will continue to make the contribution set forth above for the insurance on behalf of the spouse subject to the following conditions:

a. The practice is allowed by the insurance provider(s).
b. The spouse was married to the employee prior to the employee's retirement.
c. The District's contributions cease in the month and year when the spouse of the deceased employee reaches age 65, or the spouse remarries, whichever occurs first.

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ARTICLE V
HOURS OF EMPLOYMENT(Back to Top)

Work Hours/Preparation Time
A. The length of the full-time employee workday, including preparation time required before and after school, shall be seven and one-half hours, including a duty-free lunch period of 30 minutes. Except as agreed otherwise at an individual school site, the regular workday shall commence at 8:00 a.m. and conclude at 3:30 p.m. The high school may offer a "0" period schedule. Only staff who volunteer will be assigned to teach a "0" period class. The work schedule of those who volunteer will be adjusted accordingly, consistent with this paragraph.

1. Subject to the provisions below, the District shall be entitled to require employees to engage in extra duties and assignments which are in conformity with current job descriptions for the particular positions.

a. However, employees must sign out if they leave the work site prior to the end of the workday.
b. Upon written notice, following a verbal warning, an individual employee may be required to check in and sign out if the site administrator believes that the employee is abusing the work hours provisions and limitations.

3. Preparation periods shall be provided as follows:
a. Elementary schools (K-6(Back to Top)
(1) There shall be a preparation period normally of 40 minutes each workday. Any school that begins instruction less than 40 minutes after the beginning of the workday shall provide additional time during the workday to equal 40 minutes.

(2) Teachers in grades 1, 2, and 3 at all elementary schools, and teachers in grades 4, 5, and 6 at Carrisa Plains shall be provided an average of at least 25 minutes per week for preparation time. Teachers in grades 4, 5, and 6 at Creston, San Benito, San Gabriel, Santa Margarita, Santa Rosa, and Monterey Road Elementary shall be provided an average of at least 85 minutes per week for preparation time. If the District implements class size reduction in grade(s) 4, 5, and/or 6, the preparation time thereafter will be an average of at least 25 minutes per week in the classroom(s) in which class size reduction has been implemented.

(3) There will be no mandatory yard supervision duties. The time that teachers would have been assigned to those duties will be utilized as preparation time. Teachers may however volunteer at their sites for yard supervision and be paid at the rate of eighteen dollars ($18.00) per hour, effective March 7, 2006.

b.Junior high school (7-8)(Back to Top)

(1) Based upon a six period teaching assignment there shall be one period for preparation each day.

(2) Except in emergency circumstances, there will be no mandatory yard or bus supervision duties. Teachers may however volunteer for yard supervision and be paid at the rate of eighteen dollars($18.00) per hour. Each teacher may be required to commit to supervise two (2) dances or one (1) dance and one (1) athletic event per year. If there is an insufficient number of supervisors at any dance the District may seek teachers to volunteer to supervise a dance. Teachers who supervise more than two (2) dances or one (1) dance and one (1) athletic event shall be paid eighteen dollars ($18) per hour for dance supervision, effective March 7, 2006.
(a) Nothing in this paragraph shall preclude an informal arrangement for a switch of supervision assignments between employees, provided that such arrangement is approved by the site administrator.

c.Senior high school (9-12)(Back to Top)
(1) Based upon a six period teaching assignment there shall be one period for preparation each day or in the alternative eight (8) blocks made up of six (6) instructional periods and one (1) preparation period and one (1) study hall.

(2) During Study Hall employees are not expected to generate lesson plans, provide direct instruction, or assess Study Hall students. Teachers are expect to assist students and respond to questions as is practicable.

d. Preparation time shall mean a regular period of time within each teacher's workday that is set aside for all regular classroom teachers, to be utilized primarily for planning, preparation of lessons, instructional materials, and grading student papers. Additionally, the time may be utilized for rest breaks, meetings with site or District officials, student or parent conferences arranged by the employee (or by site officials in circumstances requiring immediate attention), coverage of other classes in unusual circumstances, and assigned student supervision during inclement weather. Preparation time shall not be utilized for the extension of regular school site, department, or grade level staff meetings.

e.   It is the goal of the District to limit preparations at the junior high and senior high schools to three.
(1)   Class assignments will be made by each school principal following consultation with each department or department head. When the school principal determines that a given department may allot the assigned course offerings within the department on the basis of group preference, the goal shall not apply. Should a situation occur involving preparations that exceed the goal within the department, the Association will be notified by the Administration.
(2)   Subject area preparations shall be counted as follows:

(a) At the secondary level, classes following the examples below constitute one preparation:
Core Academic Subject and Complementary Academic Support Classes = one preparation(provided the classes arenot simultaneous) Example: (Health Science and Health Academic Support Class = one preparation.

(3) Classes which combine different grade levels into one instructional period count for only one preparation. (For example: Spanish 4 and 5, French 3 and 4 taught in the same class period count as one preparation.)

(4) In departments where there are several single class offerings, the three preparation goal shall not apply. However, the principal shall attempt to limit preparations to the extent possible. The Association shall be notified whenever this paragraph is utilized.

(5) Classes offered during the regular instructional day and for which the employee receives extra pay pursuant to Appendix B shall not count as a preparation.

(6) Teachers required to substitute during their preparation period shall receive a stipend equal to the hourly rate of pay for summer school teachers. Other non-teaching certificated employees required to substitute for an absent teacher shall receive a stipend equal to the hourly rate of pay for sumer school teachers.

f.During conference weeks and Monday/Friday nonstudent contact holiday weeks, the District shall endeavor to equitably provide within a reasonable time some amount of preparation time to replace that, which was otherwise lost, in a manner similar to the mixed practice of the District currently(Back to Top)

(1) Conference Week - Except for circumstances, which arise from time to time, teachers, will typically be allowed recess and lunch without reduction in minutes, although the parties recognize the necessity for flexibility as to the occurrence in any particular day.

g. Staff meetings shall be held as follows:
(1) At the elementary schools and the junior high school, site staff meetings shall be held during the school day as scheduled by the Principal.

(2) At the high school, staff meetings may be called once a month at 7:30 a.m. On that day, staff will be released from duty at the conclusion of the student day at 2:45 p.m.

Release From Duty(Back to Top)
The parties recognize that employees are released from on-site duty as determined by the District except as otherwise expressly stated in the Collective Bargaining Agreement. It is the intention of the parties to provide high school employees assigned periods 2-8 the opportunity to be released from on-site school duty, except as may otherwise be necessitated or directed under certain circumstances as a continuing duty for any particular day, at the conclusion of the last period of the day, or 15 minutes prior to the end of the school day, whichever is later, if on that day the employee attended a meeting required by the school principal at a time at least 15 minutes earlier than the normal starting time of the employee. If a District required duty precludes a teacher(s) from taking release time on the day of the faculty meeting, the time may be taken on the first available day of the week mutually agreed upon between the teacher and principal.

Work Year(Back to Top)
B. The work year for employees currently employed by the District shall be 185 days.

1. New District employees may be required to work one additional in-service day.(Total 186 workdays).

3. Teachers shall, notwithstanding any provision in this agreement to the contrary, be required to sign in and sign out on two staff development days, which may, by mutual agreement of the administration and site staff, be conducted after the regular teacher work day.

4. If any school day or portion of a school day is canceled, that day or portions thereof shall be made up to the extent necessary to maintain the District's eligibility for funding increased school days or increased instructional minutes in a manner arrived at by consultation with the Association.

6. Employees will be released at 1:30 p.m. on one workday scheduled during the contract year. One non-instructional employee workday scheduled before the instructional year will be an uninterrupted workday. One non-instructional workday will be scheduled mid-year.

7. Employees will complete all year-end check-out procedures prior to receipt of the June pay warrant. Teachers whose rooms are scheduled to be utilized for summer school must complete check-out on the final workday of the work year.

8. Junior High School Counselors have a seven and one-half (7.5) hour workday, exclusive of a .5 hour duty free lunch with a 195 day work year.

9. High School Counselors have a seven and one-half (7.5) hour workday, exclusive of a .5 hour duty free lunch with a 200 day work year.

Extended Meetings/Activities(Back to Top)
C. If more than two extended meetings/activities are required of employees per school month, in flex time shall be granted.

1. An extended meeting/activity is one, which extends beyond the regular workday.

2. Flex time, which shall be an equivalent of the time spent at a meeting or activity after the regular workday shall be taken at a time that is mutually agreeable between the teacher and the site administrator.

3. Flex time may not be accumulated from year to year nor shall there be any compensation for flex time not taken.

4. The following activities/meetings shall not be applicable to the earning of in flex time:
a. Meetings or activities for which remuneration is being paid (e.g. agriculture, coaching, department chairperson meetings, band and choral activities).
b. Any meetings or activities not called by a manager or supervisor or required by law.
c. Parent-teacher conference week.
d. IEP meetings (for Special Education teachers).
e. Back to School Night and Open House activities.

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District Committees and In Lieu Time(Back to Top)

D. 1. In lieu time shall be earned on an hour for hour basis or fraction thereof for after school educationally related meetings called by the District, including, but not limited to DAC, DELAC, Budget Review Committee, Injury and Illness Review Panel, Safety Committee, Wellness Committee, Learning Center Task Force, GATE Task Force, and District Advisory Committees (i.e. 7-11 Committee selected by the Board of Trustees) shall earn/accrue “in lieu” hours. Teachers selected to serve on these committees will record hours on a time sheet and obtain a signature from the District administrator in charge of the meeting.

2. The “in lieu” hours shall be used only with prior approval of the supervising administrator and must be used within twelve (12) months of accrual. Unused time shall not be carried over beyond twelve (12) months from the time earned.

ARTICLE VI
CLASS SIZE(Back to Top)
A. It shall be the goal of the District to maintain class sizes within the following class size maximums. The District shall attempt, conditions permitting, to have the goal be the maximum.

2. Secondary
Music-- goal maximum 200 per teacher per day
P.E.-- goal maximum 252 per teacher per day
All other classes-- goal maximum180 per teacher per day
Remedial-- goal maximum 132 per teacher per day
(examples: Learning Cener, Support, Enrichment, ELD,etc.)

4. Class size goals for teachers on split assignments shall be averaged on a per period basis.

5. The District shall endeavor to maintain a goal to complete an analysis of class size by schools by approximately the third week of the school year and to make adjustments as practicable by the fourth week; however, the parties recognize that adjustments thereafter may be necessitated by other foreseeable and unforeseeable occurrences including but not limited to educational needs of students, the operation of the District, resources, information available, etc.

a. At the secondary level, another analysis shall be made no later than the end of the third week of the second semester.

b. Class sizes shall be adjusted in accordance with the availability of resources.

c. The Association shall receive an interim class size report after the third week of the school year.

B. Individual class size goals and maximum may be exceeded:
1. Until first and second semester adjustments take place.
2. With the agreement of the affected employees.
3. With the agreement of the affected department.
4. If 2 and 3 above do not resolve the problem, the Human Resources Adminstrator, the principal and the affected teacher(s) along wth a representative from ADTA shall meet during the fifth week of the semester in an effort to develop solutions to the overage problem.

ARTICLE VIII

LEAVES OF ABSENCE(Back to Top)
Sick Leave
A. Every full-time employee shall be entitled to 10 days of illness, accident or quarantine leave for each full year of employment.

1.   An employee may use accumulated sick leave at any time during the school year for accident, illness, or quarantine.
a.    Unused sick leave shall accrue from school year to school year.
b.     The District shall provide each employee with a written statement of accumulated and credited sick leave for the current school year as soon after the beginning of the school year as possible.

2. Sick leave shall be charged on the basis of the time out of the workday in increments of one-quarter hour.
a. Employees must contact the District as soon as the need to be absent is known.

3. When the employee informs the District that the absence will be greater than one day, the employee should attempt to notify the District of an intention to return to work before the employee's substitute is dismissed.

4. Sick leave also may be taken for necessary medical examinations or treatments that cannot be scheduled outside of regular work hours.

a. Upon reasonable suspicion by the District that this leave is or has been abused by an employee, the District may require, upon written notice to the employee of the reasons, an employee to provide verification from his/her physician of treatment and examination for future leaves under this section.

5. All employees shall be entitled to utilize sick leave for the period of time required to be absent due to pregnancy, childbirth, or adoption of a child.

a. The period of leave, including the date upon which the leave shall begin, shall be determined by the employee and her doctor based solely on the employee's physical ability to render service to the District.

b. A statement from the employee's doctor as to the beginning date of the leave shall be filed with the Superintendent.

c. The date of the employee's return to service shall be based upon her doctor's analysis and written verification of the bargaining unit member's physical ability to render service to the District.

6. At any time, if the employer believes an employee has abused the utilization of any days of sick leave, the employer may, upon written notice, following a verbal warning, require the employee to provide an acceptable written verification from a physician or practitioner.

a. The employer may require a verification of illness following any utilization of sick leave past three consecutive days.

7. After the accumulated sick leave has been used the amount deducted in any month will be the sum which is actually paid a substitute employee in the position, beginning with the first day of illness, for the remainder of the illness up to a total period for that illness of five school months on the school calendar. If no substitute is employed, the amount deducted shall be the amount which would have been paid to a substitute had one been employed.

Personal Necessity Leave(Back to Top)
B. Employees may request to utilize up to 11 days of sick leave allowed pursuant to this Article in cases of personal necessity.

1. Such leave shall be granted for the following reasons:
a. Death or serious illness of a member of the immediate family.
b. Accident involving the person or property of a member of the immediate family.
c. Required appearances in court.
d. Occasions that may be unavoidable or of a serious nature involving circumstances which the employee cannot be expected to disregard and which may not be conducted at a time other than regular duty hours.
e. To extend bereavement leave for a family member, as defined in section D.3, or for a friend. Leave to attend a funeral of a friend may be denied if the unit member has not been able to secure an acceptable substitute.
f. Adoption of a child.
g. For any matter that cannot be conducted outside of the regular work day and that is of sufficient importance that a reasonable person would be expected to attend. This leave is not intended to be used for recreational purposes.

2. Employees shall request to take a personal necessity leave at least three days in advance of the day on which the personal necessity leave is intended to be taken, unless the necessity involved is of such a character as to make it impossible to make such request three days in advance, in which case the request shall be made as much in advance as possible.
a. Advance approval shall not be required for matters listed in paragraph B.l. a-b and d of this Article when the event was unforeseeable.
b. The request for such leave shall be on the form specified by the District, dated, and signed by the employee setting forth the nature of the personal neces-sity involved.

3. If the request is granted, the time off shall be charged to the employee in one-quarter hour increments.

4. Except as provided in paragraphs B.l.a-b on this Article, the Superintendent or designee shall grant, or deny, requests for personal necessity leave based upon the application.

Personal Business Leave (Back to Top)
C. Each employee shall be entitles to one (1) day of leave in each year without giving a reason.

1. The emplyee shall provide written notice on the District Request for Leave form at least three days prior to the date of the leave to the supervisor.

2. The supervisor shall respond wth two (2) days of receipt of the request. This day may not be used for any concerted activities.

3. The immediate supervisor may deny the use of any day if a substitute teacher i not available for tht ay. Denial shall be baed upon inverse order of request.

4. Once the supervisor has approved the request for leave, the supervisor may not rescind tehat unless there is an unforseen emergency.

5. The leave day under this provision shall not accumulate from year to year.

Bereavement Leave(Back to Top)
D. Every employee shall be entitled to three days of paid noncumulative leave of absence, or five days if travel of more than 300 miles one way or out of state is involved, because of the death of any member of the employee's immediate family.

1. The District shall require the use of bereavement leave before personal necessity days are used for purposes allowed in this paragraph.

2. This leave shall not be deducted from sick leave.

3. For the purposes of paragraphs B and C of this Article, immediate family shall be defined as mother, father, step-mother, step-father, grandmother, grandfather, or grandchild of the employee or the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, step children, foster children, brother, brother-in-law, sister, sister-in-law of the employee, aunt, uncle, or any person of the employee living in the immediate household of the employee.

Unpaid Leave(Back to Top)
E. After two years of continuous satisfactory service to the District, an employee is eligible to request an unpaid leave of absence for personal reasons for a period not normally to exceedone year.

1. All leaves must be requested, in writing, by the teacher involved. The leave may be granted when acceptable reasons for such leave are presented to and approved by the Board. No leave request shall be unreasonably denied.

2. In cases of benefit to the District or hardship, at the conclusion of the initial period for which the leave was granted, such leave may be extended, upon request, for an additional period not to exceed one year.

3. Upon request, unpaid child rearing leave commencing after November 30 shall be granted for the remainder of that year and up to an additional year.

4. Unit members may not request an unpaid leave for purposes of taking another position in the K-12 educational systemor if there is no intention to return to the District.

5. Unit members on leave shall be entitled to continued coverage under the regular employee health and welfare plan provided the benefit policies in effect permit such continued coverage and provided that the employee pay the premiums according to reasonable procedures established by the district.

6. A unit member who has been denied a leave shall have the specific reasons therefore, in writing, upon request.

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Jury Duty Leave((Back to Top)
F. The District shall grant leave of absence with pay for required jury duty.

1. Any fees paid for jury duty including mileage and/or expenses shall be retained by the employee. In the month following the jury duty, the District shall deduct the per diem rate paid by the court to the employee for the days served.

2. Employees called for jury duty shall notify their building principal immediately upon receipt of the jury summons. Notifications of return shall be as soon as practical.

Industrial Accident and Illness Leave(Back to Top)
G. An employee shall be entitled to industrial accident or illness leave for any job-related accident or illness in the amount of up to 60 days during which the schools of the District are required to be in session or when the employee would otherwise have been performing work for the District in any one fiscal year for the same accident.

1. Such benefits shall be in addition to other sick leave benefits provided by the District.

2. When entitlement to this leave has been exhausted, other sick leave shall be utilized.

3. Employees will report all job-related injuries and illnesses to the District within 24 hours of the occurrence regardless of whether or not medical attention is required or whether or not time is lost from work. In the event that the employee's injury or illness prevents the filing of the report within the time limit, the report shall be filed as soon as possible.

4. The District's report of an industrial accident or illness shall be kept on file in the District office.

5. When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due for the same illness or injury.

Sabbatical Leave(Back to Top)
H. Sabbatical leave may be granted to provide opportunities for study and/or research when it is incidental to planned, approved research. Requests for sabbatical leaves are considered on the basis of the professional improvement of the employee, which will ultimately contribute to the benefit of the students and the District.

1. A teacher must complete seven consecutive years of satisfactory service on a regular credential with the District to be eligible. Service interrupted by a leave of absence for purposes of graduate study or a special assignment of a professional nature this year shall not count toward the seven years nor shall it constitute an interruption in service. A second period of eligibility must be served before a second sabbatical leave can be granted.

2. Requests for sabbatical leave shall be for a one year period only. Inclusive dates of the leave shall fall within one school year.

3. The number of teachers absent on sabbatical leave at any one time shall not exceed one and one-half percent of the total number of certificated employees. The number of leaves (if any) shall be determined by the Board of Trustees through budgetary authorization.

4. The District shall pay to the teacher 50% of the base salary to which he would be entitled if he were actually on duty in the District. Approval of any employment during the sabbatical leave period shall be secured from the Superintendent prior to the acceptance of the employment. The District shall provide all Insurance benefits in force at the time of approval of leave.

5. Applicants must furnish a suitable bond indemnifying the District for any salary paid the teacher during the period of the sabbatical leave in the event the teacher fails to return to render two full years of service to the District following the termination of the sabbatical leave, or in the event the teacher fails satisfactorily to carry out the approved program of study. Should the death, disability or illness of the teacher prevent the fulfillment of the obligation, no penalty shall be exacted of him, his heirs, or the surety.

6. By mutual agreement, between the District and the teacher, a teacher, incapacitated because of illness or accident just prior to or during a sabbatical leave which requires postponement or cancellation of the leave, may return to the District to complete leave requirements under a special extension.

Verification of Ability to Return to Work(Back to Top)
I. An employee absent under the provisions of paragraphs relating to sick leave, extended illness, or industrial accident leave, for 10 or more consecutive days shall be required to provide a physician's verification of ability to return to work and render service to the District prior to returning to work.

Provisions for Fringe Benefits(Back to Top)
J. Employees on paid leaves of absence shall have all the fringe benefits paid for them throughout the duration of the leave of absence.

1. Employees on unpaid leaves of absence may, as long as the practice is allowed by the insurance company, continue their fringe benefit program by paying to the District the amount of money equal to the premiums for the various fringe benefits.

General Policies Governing Leaves(Back to Top)
K. Except with written approval of the District, no employee shall be gainfully employed by any other employer while on paid leave of absence status from employment with the District.

1. Violation of this provision shall be grounds for withholding leave benefits and may subject the employee to disciplinary action pursuant to California Education Code Section 44944.

K. Leaves of absence for a stipulated period of time may be extended only upon approval in writing by the District.

1. An employee who fails to return to work at the expiration of approved leave, or fails to notify the District in writing of intention to return pursuant to the conditions of the leave, shall be deemed to be absent without justification and may be subject to disciplinary action pursuant to California Education Code Sections 44932, et seq.

M. This Article shall be considered to be the policy of the Board of Trustees and these provisions are expressions of policy on leave of any duration for any accident, or illness, or other reason.

N. No employee may utilize or receive any leave of absence when the employee engages in any concerted activity, which interrupts the operation of the employer.

ARTICLE IX

JOB SHARING (Back to Top)

A. Job Sharing is a program where two unit members (“team”) share the duties and responsibilities of one full-time teaching position. Each Job Sharing assignment is made for one school year. Each job share participant is on leave of absence without pay when not working. Employees on a leave without pay are not eligible for unemployment benefits during this period of time. At the end of a Job Sharing assignment, each tenured team member shall be returned to a teaching position, and the grade level and school assignment will be at the discretion of the administration.

1. The number of unit member participants in the Job Sharing program for any one year shall not exceed ten (10) percent of the staff at the particular site, rounded to the nearest whole number of the total number of unit members employed by the District as of October 1 in the selection year.

2. A Job Sharing assignment may be made available to an employee team where each unit member:

a. Has received a satisfactory or better rating on the most recent evaluation,
b. Possesses an appropriate credential; and,
c. Has submitted an application.
d. Both team members must have achieved tenure in the District or one team member is a temporary teacher who has served the District for the previous two school years and has received satisfactory evaluations in every year.
e. Each team shall perform all of the usual customary duties of a teaching position.

3. Notwithstanding any other provision of this Agreement, each team member shall attend the following regular District and school site functions as a part of the assignment:

a. District Pre-service Days (excluding Room Preparation);
b. Back-to-School and Open House Night; and,
c. Parent-Teacher Conferences.

At least one team member shall attend the following regular District and school site functions as a part of the assignment:

a. District Pre-service Day (Room Preparation);
b. In-service or staff development days (excluding voluntary days), and;
c. All school site staff meetings (based on team schedule).

4. The instruction schedule for the team shall be determined during the application and selection process.(Back to Top)

5. An approved Job Sharing assignment may be terminated by the District at the end of each quarter in the event the District determines that the assignment has become instructionally or organizationally unsuccessful.

C. The total compensation package cost to the District for each job-shared position shall not exceed the cost for one full-time equivalent position.

1. The salary for each team member shall be based on the member’s placement on the Certificated Salary Schedule and shall be prorated based on the ratio of the member’s teaching assignment to a full-time teaching assignment.

2. A team member shall be eligible for salary step movement at the start of the school year following the accumulation of the equivalent of one year of full-time service.

D. Each team member who has an assignment of 50 percent or more shall be eligible for a District contribution, prorated on the same basis as the salary computation, for the employee benefits package.(Back to Top)

Each team member is required to authorize payroll deduction of any required amount or amounts by which the individual employee benefits package exceeds the District’s contribution, not to exceed the dollar amount of the individual fringe benefit cap for a full-time unit member.
A team member may “opt out” of the fringe benefit package provided such opting out is permitted by the District’s carrier.

E. By January 15 of the preceding school year, each potential Job Sharing team shall submit a written application to the Superintendent. The submission should include the following:

A Job Sharing assignment shall not be established until both applicants and the District have agreed upon the specifics of the Job Sharing assignment including a detailed narrative addressing lesson planning, teaching, evaluating and communicating with one another and with parents, staff and administration; and performing adjunct duties.
The Superintendent or Designee shall screen all applications based upon credentials, satisfactory evaluation in all areas, proper application and meeting criteria set by the site.
The Superintendent shall make a recommendation to the Board of Trustees for all Job Sharing assignments. The Board shall make the final decision with regard to the Superintendent’s recommendations

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ARTICLE X
TRANSFERS AND REASSIGNMENTS(Back to Top)
A. The District shall determine whether a vacant unit position (hereinafter referred to as "vacant position")exists and when any vacant position shall be filled by transfer or reassignment. Transfer means the movement of an employee from one school site to another school site. Reassignment means a change of grade or teaching assignment without a change of school site.

1. Notices of vacant positions shall be posted in the principal's office, the teacher staff room bulletin board and the District Office when the District declares a vacant position and shall remain posted for a minimum of five workdays. All employees will receive, via district email, all notices of vacant positions.
2. All notices shall include the position description, location, and grade level or subject matter assignment, and credential or other requirements.
3. Copies of all such notices shall be furnished to the Exclusive Representative within two days of the posting.
4. All employees will be notified, via district email, of all vacant positions, throughout the calendar year.

B. An employee may make a request to fill a vacant position in the District. The request shall be made in writing and filed with the District Office. Requests shall be maintained on file for one year.
1. Employees who have applied will be notified, in writing, of the disposition of the request.

C. All requests to fill vacant positions shall be considered on the following basis:
1. The educational-related needs of the District.
2. The employee's credentials to perform the required services and No Child Left Behind (NCLB) compliant for core subjects.
3. The employee's qualifications by training and/or experience.
4. Affirmative action and Title IX mandates.
5. If criteria 1-4 of this paragraph are determined to be equal, the employee's length of service to the District shall be the basis for selection.
6. If an employee is not selected for a vacant position for which the employee applied, upon written request, he/she shall be provided with the reasons in writing.

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D. An employee who did not request to fill a vacant position may be selected by the District to fill a vacant position on the following basis:
1. The educational-related needs of the District.
2. As a change of position in order to improve an unsatisfactory evaluation.
3. The employee's credential to perform the required services.
4. The employee's qualifications by training and/or experience.
5. Affirmative action and Title IX mandates.
6. If criteria 1-5 of this paragraph are determined to be equal, the least senior employee under consideration shall be selected.
7. Prior to filling a vacant position under this paragraph, volunteers shall be given first consideration.
8. A teacher involuntarily transferred or reassigned shall be entitled to a meeting with the administrator making the transfer at which time, upon request, the reasons shall be provided in writing. The teacher may appeal the decision to the Superintendent. An involuntary transfer or reassignment shall not be for arbitrary or capricious reasons.
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E. When a vacant position is filled, an unsuccessful applicant who files a written request shall be informed of the reasons for the denial.
1. During the work year, if an employee is selected to fill a vacant position that the employee did not request, there shall be a conference to discuss the change, which may include an Association representative if requested by the employee.
2. When a vacant position is filled or a class is relocated to another classroom during the work year, the District will attempt to give the employee at least five work day's notice whenever possible. The District will provide a substitute for two days in order to provide release time for packing and unpacking.
3. In addition, on request, the employee shall be provided assistance in moving classroom materials.

F. An employee selected to fill a vacant position which the employee did not request shall have the opportunity to indicate a preference from a list of current or anticipated vacant positions.

G. Whenever possible an employee shall be notified by May 15 of the current school year of any tentative change in work site for the coming year.

H. No employee shall suffer loss of compensation, seniority, or fringe benefits by operation of this Article. This provision shall not be construed or interpreted to maintain or guarantee the continuance of any extra pay for extra duty assignment or special differential pay presently granted to any employee.

ARTICLE XI
EVALUATION PROCEDURES(Back to Top)
A. The evaluation of the employee shall be based on the California Professional Teaching Standards. The Association and the District will form a committee of three teachers (one elementary, one Junior High and one High School) appointed by ADTA and two administrators to develop an evaluation form. This form shall be subject to the approval of the Parties.

B. Observation reports will be provided in writing within five days of the observation, unless mutually agreed upon by the evaluator and the evaluatee.

C. Between two and five workdays notice shall be given prior to the first observation.
1. In the event that the observation must be postponed, the evaluator shall inform the employee as soon as possible.

D. Probationary employees shall be evaluated at least twice each year during probationary service or more often if the first evaluation report includes a need for improvement. The first evaluation shall be completed no later than February 1. Each evaluation shall be based upon at least two observations, lasting either one full period or lesson.

E. Permanent employees shall be evaluated at least once every other year. The principal or immediate supervisor shall normally schedule a meeting within the first 30 workdays of the school year with each teacher to be evaluated. At this meeting the evaluator and the evaluatee will discuss the standards of performance, evaluation criteria, assistance to be provided by the evaluator, and plans for monitoring the employee's performance.

A permanent employee may be evaluated at least once every five (5) years provided that the employee has been employed at least ten(10) years with the District and is deemed "highly qualified" by the federal No Child Left Behind Act of 2001 and whose previous evaluation rated the employee as meeting or exceeding standards and if the evaluator and the employee being evaluated agree. Either the employee or the evaluator may withdraw consent at any time.

F. Evaluations shall be in writing and a copy of the evaluation report shall be given to the employee. Employees shall be given the opportunity to attach written statements of their views to the evaluation report, and such statements shall be included as part of the report.

G. If the employee is performing in an effective or commendable manner, the report shall so indicate.

H. If the evaluation report indicates improvement is needed, the evaluation shall include specific areas where improvement is necessary and specific recommendations on how to bring about such improvement. A follow-up observation and written evaluation shall be scheduled, allowing for a reasonable amount of time for such recommendations to be implemented.

I. No certificated employee shall be held responsible or accountable for or shall be evaluated regarding the educational program, which the employee has no authority to correct.

J. In the event an employee disputes an evaluation report, the employee shall have the right to be represented in a meeting with the principal or immediate supervisor regarding the disputed written evaluation report. Administrators are encouraged to provide a copy of the written evaluation report at least two days prior to the scheduled conference at the teacher's request.

K. Upon written request of the affected teacher, letters of reprimands for acts or omissions occurring more than four (4) years past shall be placed in a sealed envelope in the employee’s personnel file. In the event that the District takes any disciplinary action against the teacher in the future, any sealed documents shall become unsealed(Back to Top)

1. It is the mutual intention of the parties that the provisions of this Article protect the rights of individual employees without restricting the Association’s right to require every bargaining unit employee, except those exempt from these provisions, to pay a fair share of the cost of collective bargaining activities.

3. Any employee who is a member of religious body whose traditional tenets or teachings include objections to joining or paying service fees to employee organizations shall not be required to join, maintain membership in, or pay service fees to the Association as a condition of employment. However, such employee shall be required, in lieu of a service fee required by this agreement, to pay by one-time cash payment or payroll deduction to the Association sums equal to such service fee to one of the following non-religious organizations exempt from taxation under Section 501(c)(3) of Title 26 of the Internal Revenue Code:

4. Any employee claiming this religious exemption must file a written request and explanation for exemption with the Association. If the request is granted, the employee shall, as a condition of continued exemption from the requirement of paying service fees to the Association, furnish the Association with copies of receipts from the charity selected, as proof that such payments have been made, or shall authorize payroll deduction of such payments.

1. The Association has the sole and exclusive right to have employee organization membership dues and service fees deducted by the District for employees in the bargaining unit.

3. The District shall (unless paid annually by an employee by direct cash payment), without charge, pay to the Association according to the established payroll schedules, the deduction all sums so deducted, except that the District shall pay to the designated charity sums deducted in lieu of service fees from the wages of employees whose requests for religious exemption pursuant to this agreement have been approved by the Association. Charity deductions shall be made through authorized payroll deductions.

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

1. Any unit member who is a member of the Association at the time of this Agreement becomes effective or who enrolls during the term of the Agreement shall maintain such membership for the duration of this Agreement. This provision shall not deprive any member of the right to terminate her or his membership within the thirty-day period following expiration of the Agreement. If a member who is covered by the maintenance of membership requirement withdraws authorization for dues deduction and/or refused to provide the Association with a lump sum cash payment of dues for year, the District shall deduct membership dues as provided in Education Code Section 45601.

A. The official personnel file of each employee shall be maintained at the District Office. Access to an employee’s personnel file shall be limited to a “need to know” basis, which means, the official business of the District. Authorization to access a personnel file must be obtained from the Custodian of Records. Materials in the personnel file may serve as a basis for affecting an employee’s employment status shall be available for inspection by the employee or by a representative designated in writing by the employee.

C. An employee may inspect the employee’s personnel file upon request, provided that the inspection takes place during non-duty time.

D. The District shall keep a log indicating the person, excluding District office personnel, who have examined a personnel file, as well as the date on which the file was examined. The log is available for review by the employee or the employee’s authorized representative.

ARTICLE XV
SAFETY CONDITIONS OF EMPLOYMENT(Back to Top)
A. Employees shall not be required to work in unsafe conditions or to perform tasks that endanger their health and safety, as determined by the District's health and safety officer.

B. Employees shall be safety conscious in their own conduct and actions and cooperate with the District in implementation of its safety program.

C. Employees shall report any unsafe or unhealthy conditions directly to their supervisor on the form developed by the District. The District shall conduct investigations of employee reports and initiate action. The District shall provide the employee with a written response within 10 business days, which will include findings to date and action to be taken, if any, with anticipated timelines.

D. An employee shall immediately report any assaults in connection with their employment to the immediate supervisor who shall immediately report the incident to the appropriate law enforcement agency.
1. An employee may exercise the same degree of physical control over a pupil that a parent would be legally privileged to exercise but which in no event shall exceed the amount of physical control reasonably necessary to maintain order, protect property, or protect the health and safety of pupils.
2. No employee shall be disciplined or reprimanded for the exercise of physical control over a pupil without an investigation of the situation by the District.

E. Any formal written complaint(Complaint Concerning District Employee) made against an employee by a third party shall be brought to the employee's attention and administerd according to the provision of Board Policy 1312. (See Appendix C)

ARTICLE XVI
RIGHTS OF THE EXCLUSIVE REPRESENTATIVE(Back to Top)
Communications
A. The Exclusive Representative shall have the right to use the Employer's designated bulletin boards and teacher’s mailboxes.
1. The Exclusive Representative shall be responsible for the posting of notices on bulletin boards and the contents of such notices.
a. All postings shall be issued in the name of the Exclusive Representative and signed by the person who wrote them.

2. The Exclusive Representative shall furnish the Employer with one copy of materials, which are posted on bulletin boards.

3. The District shall not limit the number of items posted.
a. The Exclusive Representative shall assume responsibility for the preparation, posting, or distribution of materials.

Use of Facilities(Back to Top)
B. The Exclusive Representative may utilize school buildings, rooms, and facilities for meetings subject to the following conditions:

1. The President of the Exclusive Representative or other person designated by the Exclusive Representative shall request a meeting place by filling out the District "Use of Facilities" form.
a. Approval of the employer shall be required prior to the use of the facilities.

2. Should additional custodial costs be incurred by the Employer due to utilization of facilities by the Exclusive Representative, the Exclusive Representative shall reimburse the Employer.
a. Such reimbursement shall be on the same basis as for other groups or individuals that cause the Employer to incur additional costs.

Access to Employees(Back to Top)
C. Officers. agents, or representatives of the Exclusive Representative shall have access to employees at times, which do not interfere with employees' performance of assigned duties.

1. Representatives shall notify the school site office of their presence when they are on a school site other than their regularly assigned site.

2. Nonemployee officers, agents, or representatives shall check in at the site office and receive clearance to contact employees in areas specified by the site administrators.

Public Documents(Back to Top)

D. The Exclusive Representative may copy any public document.
1. The charge for copying public documents shall be the same for the Exclusive Representative as it is for all other groups.

Correspondence
E. All correspondence from the Exclusive Representative to the Employer shall be directed to the Superintendent or designee.

Copies of the Agreement
F. Copies of this Agreement shall be distributed to all bargaining unit members covered by this Agreement.

Association Meetings(Back to Top)
G. Except in unusual circumstances, Thursday afternoons shall not be scheduled for school-based meetings but shall be set aside in order to allow for Association meetings.

1. Upon mutual agreement as to dates, the District shall allow all employees to leave the work site after the last assigned period to attend up to five general meetings of the Exclusive Representative. One additional day shall be allowed for the ratification of a proposed Agreement or subsequent addenda.

2. Upon mutual agreement as to dates, the District shall allow members of the Executive Committee, Representative Council, and Association Committees to leave the work site after the last teaching period to attend Association meetings.

An exception shall be any employee(s) who has assigned supervision and has not received permission to switch assignments.

Dues Deduction(Back to Top)
H. Commencing 15 days following ratification of this Agreement and terminating 30 days prior to the expiration of this Agreement, any employee who is a member or who becomes a member of the Association shall be required to maintain membership for the term of this Agreement.

1. Payment for membership shall be made to the Association either by payroll deduction or by cash payment.

2. In the event a member terminates payroll deduction, the balance of unpaid monies shall be due and payable to the Association at the end of the next pay period.
In the event a unit member refuses to pay or cancels payment, the Association may, at its option, enter a claim for the unpaid amount in any court of competent jurisdiction.

3. The District bears no responsibility whatever for the administration or enforcement of these provisions except to deduct authorized membership payments.

The provisions specified herein are not subject to the grievance procedure.

4. The Association shall assume all costs of defending any litigation filed against it or the District and naming the District as a party as a result of the implementation of these provisions.

5. Upon remitting the deductions requested by the Exclusive Representative and authorized by the member pursuant to the provisions of this Article, the District has fulfilled its entire obligation relative to said deductions.

6. The Exclusive Representative hereby agrees to indemnify and hold the District, its officers, agents, and employees harmless from any claim, demand, action, or liability which may result from, or in any way relate to the making of said deductions and the transmission of said funds to the Exclusive Representative.

Representation(Back to Top)
I. The Exclusive Representative has the right to accompany an employee, at the employee's choice, to a conference or meeting held by management to investigate matters that may result in disciplinary action against the employee.

Release Time
J. Beginning with the 2009-2010 school year, the Association President shall grant the Association up to ten (10) days of release time per school year for use or designee provided ADTA reimburses the District the cost of a substitute teacher. Upon request by the Association, the Superintendent or his designee may grant additional release days under the same conditions at his discretion.

ARTICLE XVII
MANAGEMENT RETAINED RIGHTS(Back to Top)
A. It is agreed and understood that the District retains the rights, powers, prerogatives, privileges, duties, and authority vested in it by the State and Federal laws and regulations, and school district policies to manage, control, and direct the operations and affairs of the District, including, but without limiting the generality of the foregoing, the right to:

1. The executive management organization and administrative control of the District, its properties, and facilities:
2. Determine the number and kinds of personnel required in order to maintain the efficiency of District operations;
3. Direct the work of its employees;
4. Hire all employees, determine their qualifications and the conditions for their continued employment, discipline pursuant to California Education Code Section 44944, dismiss, demote, promote, assign, and transfer all such employees;
5. Establish educational policies, goals, and objectives;

6. Insure the rights and educational opportunities of students;
7. Establish budget procedures and determine budgetary allocation;
8. Determine methods of raising revenue.

B. The exercise of the foregoing rights, powers, preroga-tives, privileges, duties, and authority by the Board, the adoption of policies, rules and regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific terms of this Agreement.

INFORMATION
A. A "grievance" shall mean an allegation that there has been a violation, misinterpretation, or misapplication of a provision of this Agreement.
1. An action to challenge application(s) of Board policies, administrative directives, rules, or procedures outside of this Agreement are not grievances under the provisions of this Article and shall be undertaken pursuant to such separate administrative procedures as established by the Board of Trustees.

2. For all matters outside of this Agreement, which have specified review procedures, such procedures shall be the sole method of review or challenge.

3. In addition to paragraph 2 above, the following shall not be subject to the grievance procedure set forth in this Article:

a. The reprimand, dismissal or termination of any unit member pursuant to Education Code sections 44931 et seq.
b. The discharge, failure or refusal of the District to rehire or retain in employment any temporary or probationary unit member.
c. The contents of an evaluation or recommendations contained therein.
d. Proposals that are made in the course of negotiations for a successor agreement.

B. A"grievant" shall mean an employee who is a member of the bargaining unit, Exclusive Representative on behalf of a specifically identified employee or employees, or the Exclusive Representative.

C. A "day" shall mean a day when the District office is normally open for business. Any time limit occurring within the winter or spring break shall be extended at the request of the grievant to the end of the break. Time lines shall commence on the next business day.

D. An "immediate supervisor" is the administrator having immediate jurisdiction over the grievant.

E. The grievant may elect to be represented by the Exclusive Representative and must inform the District in writing.

1. The grievant and designated representative, if any, participating in the processing of the grievance, shall suffer no loss in pay if meetings or appointments are mutually scheduled by the District and the Exclusive Representative.
2. An employee may, at any time, present grievances to the Employer and have such grievances adjusted without the intervention of the Exclusive Representative, as long as the adjustment is not inconsistent with the terms of this Agreement; provided, however, that the employer shall not agree to a resolution of the grievance until the Exclusive Representative has received a copy of the grievance and the proposed resolution and has been given an opportunity to file a response.
3. At all levels of the grievance procedure, the grievant shall provide the Exclusive Representative with all details and copies of correspondence relative to the grievance.

F. Once a grievance has been initiated, all matters of dispute relating to it which occur during the processing of the grievance shall become a part of and be resolved in the grievance proceeding.
1. Once a grievance has been resolved or a final deci-sion rendered, a grievant shall not be entitled to initiate a new grievance on any matter or occurrence, which properly could have been included in the first grievance.

G. Time limits may be extended or shortened by mutual agreement of the grievant and District.
1. Failure of the grievant or the grievant's representative to adhere to the time limits of this Article shall constitute waiver of the grievance and acceptance of the District's action or decision at the appropriate level.

H. No reprisal of any kind will be taken by the District against any grievant or participant in the grievance procedure by virtue of such participation.
1. All written materials pertinent to a grievance, except decisions resulting from final determinations or settlements, shall be filed separately from the personnel file for the grievant or any participant.

I. Until final disposition of the grievance takes place, the grievant shall conform to the original direction of the District.
1. If the grievance arises at a management level above the employee's immediate supervisor, the initial filing, which shall comply with the provisions of Level One, shall be made at Level Two.

Level One(Back to Top)
J. Prior to initiating a formal grievance under this Article, the employee shall meet informally with the lowest level supervisor who has the authority to resolve the matter. Within twenty (20) workdays after the Grievant knew, or reasonably should have known, of the occurrence of the act or omission giving rise to the grievance, the Grievant shall present the grievance in writing to the immediate supervisor and meet with the supervisor to resolve the grievance.

1. The written grievance shall contain the following minimum information:
a. The grievant's name;
b. The date of filing;
c. The date of the alleged act or omission giving rise to the grievance;
d. The specific article(s) and section(s) alleged to be violated, misinterpreted or misapplied;
e. A brief summary of the informal conference and the date if one was held; and,
f. The specific relief requested.

2. Grievances not containing the required information may be rejected as improperly filed. Such rejection shall not extend the time limits of this Article.

3. The grievant may request a conference with the immediate supervisor.

4. Within 10 days of receipt of the grievance by the supervisor, or within 10 days of the conference, the supervisor shall communicate a decision to the grievant in writing. If the supervisor does not respond within the time limit, the grievance is denied and the grievant may appeal to the next level.

Level Two - Superintendent(Back to Top)
K. If the grievance is denied at Level One, a written appeal to the Superintendent or designated representative shall be filed within five days of the issuance of the Level One decision or the deadline within which such decision was to be made.

1. The appeal shall contain all materials utilized in the first level, including the decision rendered, if any, and a specific and concise statement of the reason for the appeal.

2. The Superintendent or designated representative shall meet with the grievant and the representative, if the grievant so desires, within 10 days of the receipt of the appeal.

3. Within 10 days of receipt of the appeal, or within 10 days of the meeting between the Superintendent, a written decision and the reasons for such decision shall be transmitted to the grievant. If there is no response within the specified time limit, the grievance is denied and the grievant may proceed to the next level.

Level Three(Back to Top)
L. If the grievance is not resolved to the satisfaction of the Grievant at Level Two, within five days of delivery to the Exclusive Representative of the Level Two response, the exclusive representative may, with written notice to the District, request the California State Conciliation and Mediation Service for the appointment of a State mediator. Upon appointment of the mediator, mediation shall be scheduled according to availability of the mediator and the parties.

1. Nothing herein shall be construed to deny an employee access to judicial review following exhaustion of these remedies.

Level Four(Back to Top)
M. If the mediator is unable to assist the parties in resolving the grievance, within ten (10) days of the final mediation meeting, the exclusive representative may request in writing that the grievance be submitted to binding arbitration. A copy of the request must be received by the District within the ten-day limitation in order to be timely.

1. Selection of the Arbitrator.

The arbitrator shall be selected by mutual agreement of the parties. If no agreement can be reached, the parties shall request a list of seven arbitrators from the State Mediation and Conciliation Service (CSMC). The parties shall each strike therefrom, alternately, one name and the remaining name shall be that of the arbitrator. (The party to strike the first name shall be the loser in a coin toss.)

2. Hearing.
a. The hearing shall be scheduled at a date and time designated by the arbitrator.
b. Procedural objections to arbitrability of a grievance shall be resolved by the arbitrator prior to a hearing on the merits.
c. After determining the arbitrability of the grievance, the arbitrator shall conduct a hearing on the merits and consider evidence and arguments pertaining to the grievance(s).

3. Decision.
a. The Arbitrator shall submit a written decision, which sets forth findings of fact, reasoning and conclusions on the precise issue(s) submitted. The arbitrator’s determination shall specifically state whether the grievance is approved or denied, and if approved, the proper remedy, if any.
b. The arbitrator’s decision shall be limited solely to the interpretation and application of the collective bargaining agreement to the precise issue(s) submitted for arbitration, and the evidence deduced at hearing. The arbitrator shall not determine any other issue(s).
c. The arbitrator shall not add to, subtract from, modify, alter or amend any provisions or procedures contained in the collective bargaining agreement. The arbitrator shall not issue statements of opinion or conclusions not essential to the determination of the issue(s) submitted.
d. Where the District has made a judgment involving the exercise of discretion, the arbitrator shall review such decision solely to determine whether the decision violated the agreement. The arbitrator shall not substitute his/her judgment as to discretionary matters for that of the District.
e. Under no circumstances shall the remedy set forth by the arbitrator include compensatory damages outside the terms of the collective bargaining agreement, monetary penalties, attorneys’ fees or costs of the proceedings.
f. Unless judicial review is requested by a party, the decision of the arbitrator shall be final and binding upon the parties pursuant to paragraph N below.

4. Costs
The parties shall share equally the costs and fees of the arbitrator. The costs associated with presenting or defending the matter shall be borne by the respective parties. The cost of a court reporter or stenographer shall be paid by the party requesting one, unless the other party requests a transcript in which case, the cost will be shared equally.

N. If either party asserts that the arbitrator exceeded his/her authority under this Agreement or that the award is inconsistent with the terms of this Agreement, the party may seek review in superior court within thirty (30) days of receipt of the arbitrator ‘s decision. The standard of review by the superior court shall be whether there was substantial evidence to support the arbitrator’s decision and/or whether there was an error in law. Each party shall bear its own costs for the court’s review.(Back to Top)

ARTICLE XIX
PERSONAL AND ACADEMIC FREEDOM (Back to Top)
The District and adta recognie that all employees are entitled to all the rights guaranteed by State and Federal constitutions and statutes. Nothing herein shall be construed to either expand those rights or reduce them. All employees shall have the right to conduct their private and personal lives in a manner they deem appropriate provided that their actionns or omissions do not negatively impact the District or the performance of their responsibilities for the District.

Employees shall have freedom to teach and perform their duties for the District provided that they do so in a manner that is consistent with the curriculum adopted by the District and the State; provided that they are in compliance with District policies, regulations and standards; and, provided that their performance is consistent with the direction of their immediate supervisors.

ARTICLE XX
SUMMER SCHOOL(Back to Top)
Summer School Openings
A. Notices of summer school positions shall be posted at the District Office, the principal's office at each school site, and the teacher staff room bulletin board within 15 days of Board approval of the summer school program. The notices shall be posted for a period of not less than 10 days.

1. The notices shall include the position description, location, grade level or subject matter assignment, and credential, or other requirements.

2. The Exclusive Representative shall be furnished a copy of all summer school notices within two days of the posting.

B. An employee may make a request to fill a summer school position by filling out the District form and filing it with the District Office. Requests to fill summer school positions shall be considered on the following basis:

1. The educational-related needs of the District.

2. The employee's credentials to perform the required services.

3. The employee's qualifications by training and/or experience.

4. Affirmative action and Title IX mandates.

5. If criteria 1-4 of this paragraph are determined to be equal, the employee's length of service to the District shall be the basis for selection.

Summer School Compensation
C. The rate of pay for employees serving in summer school positions shall be $23.00 per hour.

1. An employee who is ill during summer school shall be allowed to utilize up to two summer school days of paid sick leave.

2. An extened school year, as defined in a Special Educaton student's I.E.P., requiring: specialized academic instructin, adaptive physical education, language and speech or psychological services beyond the 180 days of instruction provided for in this agreement, is agreed and understood to be separate from the Summer School Program and voluntary for the employee. Compensation for the these services may be at the daily rate for the number of days determined by the District.

ARTICLE XX
CONCLUSION
Completion of Negotiations(Back to Top)
A. This Agreement represents complete collective bargaining and full agreement by the parties in respect to wages, hours of employment, and other terms and conditions of employment, which shall prevail during the term or terms hereof. Any matter or subject not herein covered has been satisfactorily adjusted, compromised or waived by the parties for the life of this Agreement.

1. The Exclusive Representative understands and agrees that, as to all matters not covered by this Agreement, there shall be no duty on the part of the District to meet and to negotiate further during the term of this Agreement.

Past Practices
B. The specific provisions of this Agreement shall prevail over any District past practice or procedure.

1. Since prior to the ratification of this Agreement any past practice or procedure in the District was discretionary on the part of the District pursuant to Board policy, any past practice or procedure is agreed to continue to be discretionary pursuant to Board policy on the part of the District.

2. When references are made to statutes (e.g., Education Code) such references are informational only and does not subject the provisions of such statutes to the grievance processes of this Agreement.

Severability(Back to Top)
C. In the event that any portion of this Agreement is found to be unlawful by a court of competent jurisdiction, the rest of the Agreement shall remain in full force and effect.

1. To the extent that the unlawful portion of the Agreement may be replaced, the parties agree to meet for the purpose of renegotiation of the affected provision.

Continuation of Economic Benefits
D. Upon expiration of this Agreement, or of any interim salary or fringe benefit payment article, employees who are reemployed for the following school year shall be paid the same salary as for the final (or interim) year of the Agreement, including column and step advancement where eligible, until such time as a new Agreement is ratified by the parties or the duty to bargain has been completed.
1. Dollar amounts specified herein for the payment of the fringe benefits shall be the same pursuant to this paragraph.

Duration of Agreement(Back to Top)

E. This Agreement shall be in full force and effect from the date of ratification by the parties to June 30, 2010, but will continue in effect until the negotiation process is completed on a successor agreement.

1. The Exclusive Representative shall, between April 1, 2010 and May 15, 2010, make a public presentation of its proposals for negotiations for a successor agreement for the 2010-2011 school year.