AGREEMENT BETWEEN BALDWIN PARK UNIFIED SCHOOL DISTRICT. and the ADULT AND COMMUNITY EDUCATION TEACHERS ASSOCIATION OF BALDWIN PARK FOR THE PERIOD

Transcription

1 AGREEMENT BETWEEN BALDWIN PARK UNIFIED SCHOOL DISTRICT and the ADULT AND COMMUNITY EDUCATION TEACHERS ASSOCIATION OF BALDWIN PARK FOR THE PERIOD July 1, through June 30,

2 TABLE OF CONTENTS Page Article I Term of Agreement... 1 Article II Recognition... 2 Article III Definitions... 3 Article IV District Retained Rights... 5 Article V Association Rights... 7 Article VI Maintenance of Membership... 9 Article VII Total Compensation Article VIII Staffing Article IX Hours and Duties Article X Evaluation Procedures Article XI Leave Provisions Article XII Holidays and Vacation Article XIII Abandonment of Position Article XIV Mentor Teaching Program Article XV Grievance Procedure Article XVI Non-Discrimination Article XVII Negotiation Procedures Article XVIII Safety Conditions Article XIX Work Stoppage and/or Concerted Activities Article XX Employee Discipline Other Than Termination Article XXI Savings Article XXII Entire Agreement APPENDIX A, Adult School Salary Schedule and Fringe Benefits... 41

3 ARTICLE I TERM OF AGREEMENT THIS AGREEMENT made and entered into this day of, , by and between the BALDWIN PARK UNIFIED SCHOOL DISTRICT, whose address is 3699 North Holly Avenue, Baldwin Park, California 91706, hereinafter referred to as the District, and the ADULT AND COMMUNITY EDUCATION TEACHERS ASSOCIATION OF BALDWIN PARK, whose mailing address is 4640 North Maine Avenue, Baldwin Park, California 91706, hereinafter referred to as the Association, is entered into pursuant to Chapter 10.7, Section , of the Government Code. This Agreement shall be in force and effect from July 1, 2008 up to and including June 30, RECOMMENDED Mark Steimle Adult and Community Education Teachers Association of Baldwin Park Froilan N. Mendoza, Associate Superintendent, Human Resources Baldwin Park Unified School District Ross Thompson Adult and Community Education Teachers Association of Baldwin Park John D. Kerr, Senior Director of Adult and Community Education Dated Dated APPROVED AND RATIFIED Susan M. Coulter, President Adult and Community Education Teachers Association of Baldwin Park Jack B. White, President Board of Education Baldwin Park Unified School District Dated Dated 1

4 ARTICLE II RECOGNITION The District recognizes the Association as the exclusive representative for the following unit of certificated employees: All adult education teachers working more than ten hours per week All adult education teachers on special assignment working more than ten hours a week The unit excludes all other positions not specifically enumerated above. Exclusions include but are not limited to: Superintendent of schools Deputy superintendent Associate superintendent Assistant superintendent--human resources Assistant superintendent--student achievement Senior director of adult and community education Senior director of student achievement Director of arts and media Director of human resources and professional development Director of student achievement Director of student support services School principals Adult and community education assistant director Assistant principals Coordinator of special education Health services supervisor Adult school vice principals K-6 literacy specialist Professional development/beginning teacher support and assessment specialist Special education specialists School psychologists Administrator of student services, adult school Adult school administrator of technology support services Day-to-day substitute teachers All counselors All teachers working ten hours and less per week in the Adult School program The bargaining unit may be expanded or reduced by mutual agreement between the District and the Association subject to PERB rules and regulations. 2

5 ARTICLE III DEFINITIONS A. A unit member as used in this Agreement refers to a certificated employee in the representation unit recognized in Article II. B. A long-term substitute teacher shall, for the purposes of this Agreement, be defined as a person hired by the District with a letter of agreement to serve a semester or more as a substitute for a specific regular unit member. (Substitute teachers initially assigned on a day-to-day basis and who become eligible to be paid on the Adult School Teachers Salary Schedule because they serve twenty-two or more days in succession in the same assignment are not recognized as unit members and are not provided for in this Agreement.) C. For purposes of this Agreement: Full-time adult school teacher - one who is assigned to work at least 24 hours per week. New temporary - any teacher in their first two years of employment in which the unit member is working less than 24 hours per week. Temporary - any teacher working less than 24 hours per week after successfully completing two years of employment. Probationary - any teacher in their first two years of employment in which the unit member is teaching at least 24 or more hours per week for at least 75% of the school year. Tenured - a teacher who has begun teaching their third successive year, teaching 24 or more hours per week for at least 75% of the year in the Baldwin Park Adult and Community Education program. A teacher is tenured at the number of hours equal to the average number of hours worked in the two years prior to the one in which tenure was obtained. This level of tenure remains unchanged for the duration of the unit member s uninterrupted employment with the adult education program. Should a tenured unit member resign or request that his hours be reduced below 24 hours a week, he forfeits his tenure. If hired back and/or he seeks to increase hours worked above 24 hours a week, he shall be treated as any other temporary employee seeking such an increase and/or employment. School year - for teacher classification purposes, a school year consists of the regular instructional year excluding summer school sessions and community fee-based classes. D. Seniority shall be based on the first day of obtaining tenure as an adult education teacher in Baldwin Park. In the event of a tie, the seniority shall be based on the number of years of employment as an adult education teacher in the District prior to obtaining tenure (date of hire). Martha J Maldonado 3/7/13 1:06 PM Comment [1]: Including summer school Reasons that allow the District to deviate from seniority when laying off teachers shall be per Education Code Section 44955(d). E. Personal pronouns herein are for language convenience and do not necessarily reflect gender. F. It is agreed that in order for the District to effectively operate programs and adjust staff to meet instructional and program needs, there are factors that may require the District to operate outside seniority restrictions. 3

6 Reasons that would allow the District to retain a unit member out of seniority sequence to serve the needs of the District programs, budget, and/or student needs include the following kinds of factors: Credential authorization and status - has training been kept current. Special skills, current training - continued and updated education, bilingual skills, language skills, technology/teaching. Evaluations - most recent three years evaluations; work record - have there been concerns Work record - attendance record; punctuality; level of responsibility. Program needs - who can best serve the needs of the District. If skills, competency, or knowledge are being challenged, unit members may demonstrate their abilities to perform said skills, competency, or knowledge to a panel of four, selected for their expertise. Two members shall be selected by the District and two members by the Association. Majority vote of the panel is the final deciding factor. Teachers will be reassigned to fit the District s instructional needs within their credential authorizations prior to being laid off. Any employee laid off for reduction of program and/or funds shall retain his reemployment rights according to Education Code Section

7 ARTICLE IV DISTRICT RETAINED RIGHTS A. This Article is intended to insure that the District retains all rights and powers which it has not agreed to limit in other Articles of this Agreement; this Article is not intended, nor shall it be construed, as (1) expanding the rights of the District beyond statutory and constitutional limits; (2) waiving the rights of individual unit members under the Education Code or other statues or constitutions; or (3) waiving or otherwise diminishing the rights of the Association or of unit members as set forth in other Articles of this Agreement. If there is a direct conflict between the retained rights of this Article and the rights of unit members or the Association as set forth in the specific language of some other Article of this Agreement, the language of the latter shall prevail. Subject to the foregoing qualifications, it is agreed that all matters which are not enumerated as within the scope of negotiation in Government Code Section , and also all powers and rights which are not limited by the terms of other Articles of this Agreement, are retained by the District. Such retained rights include, but are not limited to, the exclusive right to determine: 1. The legal, operational, geographical, and organizational structure of the District; 2. The financial structure of the District; 3. The acquisition, disposition, number, location, types of utilization of all District properties, whether owned, leased, or otherwise controlled; 4. The kinds, levels, means, and methods of services to be provided and the methods and means of providing those services including entering into contracts with private vendors for services; 5. The utilization of personnel not covered by this Agreement; 6. The educational policies, procedures, objectives, goals, and programs of the District; 7. The right to hire, classify, transfer, assign, evaluate, promote, demote, terminate, and discipline employees of the District; 8. The job classifications and the content and qualifications therein; 9. The duties and standards of performance for all employees and the determination as to whether any employee adequately performs such duties and meets such standards; 10. The times and hours of operation of the District; 11. Safety and security measures for students, the public, properties, facilities, vehicles, materials, supplies, and equipment including the various rules and duties for all personnel with respect to such matters; 12. The rules, regulations, and policies for all employees, students, and the public, subject only to clear and explicit limitations contained in this Agreement; 13. The retirement of employees for reason of disability; 14. The termination or layoff (consistent with law) of employees of the District. It is understood that the right to determine as used herein includes the right to establish, modify and discontinue, in whole or in part, temporarily or permanently, any of the above matters. All other rights of management not expressly limited by the clear and explicit language of this Agreement are expressly reserved to the District. The above-mentioned rights of the District are listed by way of example rather than limitation, and the provisions of this Agreement constitute the only contractual limitations upon the District s rights. The exercise of any right reserved to the District herein in a particular manner, or the non-exercise of any such right, shall be deemed a waiver of the District s right or preclude the District from exercising the right in a different manner. B. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the Board, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with law. 5

8 C. Any dispute arising out of or in any way connected with the existence of any of the abovedescribed rights of the District is not subject to the grievance provisions set forth in Article XV unless the dispute is otherwise grievable under another Article of the Agreement. 6

9 ARTICLE V ASSOCIATION RIGHTS A. It is understood and agreed that the Association retains all rights as sole representative of all of the bargaining unit to meet and negotiate with the District on all matters determined to be within the scope of negotiations. Also recognized is the right and obligation of the Association to monitor and enforce the provisions of this Agreement. B. The Association may utilize District facilities for meeting purposes, subject to the provisions of the Civic Center Act, provided that this shall not interfere with nor interrupt normal school operations. C. Authorized representatives of the Association shall have the right of reasonable access, in accordance with the conditions noted herein, to District facilities in order to transact lawful official Association business. Contacts by authorized representatives with unit members shall be limited to duty-free lunch periods and before and after class hours. Contacts shall not be made during times when unit members are assigned to classes and/or supervision of pupils or engaged in other ancillary duties. D. Immediately upon arriving at any work site or school site, the official Association representative shall report to the office of the site administrator, provide proper written identification, and verify the availability of the unit member to whom he wishes to speak. Official Association representatives who are not employees of the District shall not visit a campus unless prior notification of each visit is given to the appropriate Adult and Community Education Assistant Director and the Assistant Superintendent of Human Resources by the president of the Adult and Community Education Teachers Association of Baldwin Park or the president s designee. E. The Association shall have the right to post notices of activities and matters of concern on bulletin board space provided by the District at each school in a work location frequented by unit members. Posted literature must be dated and must identify the person or organization responsible for its contents and a copy shall be forwarded to the Human Resources Office prior to posting. Information which is libelous or slanderous of the District or its personnel will not be posted. F. The Board and the Association agree to make available to each other, in response to reasonable requests, all public non-confidential information concerning their financial resources and all nonconfidential research reports dealing with items which are of mutual concern and advantage to the Association and the District. The District shall provide the Association with two (2) copies of the complete public Board of Education agenda prior to each meeting. G. During the first week of school, two copies of a tentative list of teacher assignments shall be provided to the Association by the Adult and Community Education administrator and revisions will be provided quarterly. H. Present board personnel policies (currently series 4000), which relate to unit members, will not be changed unless the Association is provided a copy of the Board of Education agenda or otherwise notified in writing at least ten (10) days prior to the final adoption of a policy change. Nothing contained herein shall preclude the Governing Board from changing any of its policies without prior notification to the Association should an emergency exist. I. The president of the Association and the chairman of the Association s bargaining team (or their designees) may, at the request of either party, meet with the Superintendent and/or his designee and consult on those items which require consultation. 7

10 J. When planning activities at the District and site level, the District will take into consideration the fact that the Association holds meetings. K. The Association President and/or his designee shall be granted up to 225 hours of release time to attend to matters relating to the Association which the Superintendent or his designee determines to be mutually beneficial to the District and to the Association. Up to 80 additional hours may be arranged by mutual consent with the cost of substitutes to be equally split between the District and the Association. If it is mutually agreed that if more hours are necessary, the Association will assume the cost of substitutes. Such release time shall be requested in writing. In case of emergency the Superintendent may grant release time upon verbal request. 8

11 ARTICLE VI MAINTENANCE OF MEMBERSHIP A. Any unit member who is a member of the Association upon joint ratification of this Agreement, and any unit member who becomes a member after such date shall maintain his membership in the Association in good standing during the term of this Agreement or until such time he becomes ineligible for membership. B. All new unit members commencing with the school year will be given a choice on the following three options: 1. Full membership in the Adult and Community Education Teachers Association of Baldwin Park 2. Agency Fee payer representation fee 3. Fair Share donation to charity per criteria in law* All unit members who were employed in the District prior to July 1999 are not affected by these options until ninety per cent (90%) of the unit members are participating in one of the listed options. C. Any unit member who is a member of the Association or who has applied for membership may sign and deliver to the District a written authorization for payroll deduction of unified membership dues in the Association. Pursuant to such authorization, the District shall deduct one-tenth (1/10) of such dues from the salary warrant of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization after the commencement of the unit work year shall prorate payments for the remainder of the school year. D. When a unit member is required to select one of the three options listed in B above, he must do so within thirty (30) days of the start of employment or of the requirement taking effect. He may elect to pay in one lump sum in advance or may authorize payroll deductions in the same manner as in Section C above. The Association shall prorate annual CTA and NEA fees for members working less than a full contract. CTA and NEA dues are prorated according to hours of employment as follows: Assignment Hours CTA NEA % 50% % 50% % 100% % 100% ACETABP dues will not exceed an annual fee of $50.00 during the term of this Agreement. *Those unit members electing the option to donate to a charitable organization will get the opportunity to select from one of the following on or before October 1 st of each school year and notify the Association of their choice on a form provided them by the Association: 1. United Way 2. City of Hope 3. F.A.C.T. (Foundation to Assist California Teachers) Proof of payment shall be presented twice a year, in December and April of each year, to the District in the form of receipts, cancelled checks, or payroll deductions. If proof is not presented within thirty days, the District shall notify the Association and the Association shall notify the District of their obligation to initiate payroll deduction of the agency fee. 9

12 Donation to charity: No unit member shall be required to join the Association or to make an agency fee payment if the unit member is an actual verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations or hold this objection as a matter of conscience. This exemption shall not be granted unless and until such unit member has verified the specific circumstances in a meeting with the Association President and the District representative. E. Should a unit member take an unpaid leave of absence for a semester or more, his Association dues shall not be collected by the District during that period. During such leave, unit members who wish to maintain their membership in the Association must make arrangements with the Association to make cash payment of dues. When a unit member returns to paid status with the District, his dues/representation fee deductions shall resume as provided for in this Article. F. The District shall promptly remit to the California Teachers Association each month the Association s unified dues and representation fees collected by it. The District shall also send to the Association each month a copy of its Deductions Register, which shall reflect the Association dues and representation fees paid by payroll deduction. Neither the unit member nor the Association shall have any claim against the District for any deduction made unless a written claim of error is filed with the Assistant Superintendent of Personnel Services within thirty (30) calendar days after the date such deduction was, or should have been, made. G. The Association, CTA and/or NEA agrees to indemnify and hold harmless the District against any and all liabilities, claims, or actions which may be brought against said District or District Board of Education individually or collectively, its officers, employees, and agents. The Association agrees to pay to the District all reasonable legal fees and legal costs incurred by the District in defending against any court action and/or any administrative action before the Public Employment Relations Board challenging the legality or constitutionality of the agency fee provisions of this Agreement or their implementation, and any damage award result therefrom. After consultation with the District, the Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in the above paragraph shall or shall not be compromised, resisted, defended, tried, or appealed. Any dispute as to reasonableness of legal fees and costs shall be determined by a court of competent jurisdiction. H. In addition, upon written authorization from a unit member, the District shall deduct from his monthly salary, and make appropriate remittance of such deductions, for annuities, credit union savings or payments, charitable donations, or for any other program approved by the Board of Education. I. The Association shall furnish all information in its possession which is needed by the District in order for it to fulfill its contractual obligations under this Article. 10

13 ARTICLE VII TOTAL COMPENSATION Total Compensation It is understood that a unit member shall receive hourly salary as listed in Appendix A in addition to prorated fringe allotment according to hours worked. It is understood that since a unit member is already being taxed for the amount of fringe benefit allocation, it gives unit members more flexibility to choose if maximum compensation dollars are channeled into salaries. Adult education assignments are based upon enrollment and attendance of voluntary students. attendance increases or decreases, so must staff assignments. As Adult school unit members shall be employed on an hourly as needed basis. In the event that a class is to be closed during the initial three-week evaluation of enrollment, the Senior Director of Adult and Community Education or his designee will personally inform any instructor of the decision to close the class and the date/time of the final class meeting. After the initial three-week evaluation of enrollment, a formal written notification will be given to the instructor one week prior to the date/time of the termination of the class. It is the District s philosophy to maintain all employees in the third quartile when comparing the District to other unified districts in Los Angeles County. The District shall make a good-faith effort to maintain that status. Salary The hourly rate of pay shall be set forth in Appendix A. Advancement in pay due to experience shall be contingent upon the unit member having provided service (actively working) to the District as an adult school teacher for not less than twenty (20) weeks during the preceding year. Teachers new to the District can transfer in Adult Education teaching experience credit up to four years if they have worked at least three hours a week for twenty weeks during a specific school year and provide written verification of such experience. Fringe Benefit Allocation The District will provide for each full-time (40 hours per week) unit member a yearly health and welfare benefit allocation. Unit members whose assignment is less than full-time and working more than ten hours a week shall receive health and welfare benefits as described by Government Code Section prorated in accordance with the number of hours and days as they relate to a full-time assignment (40 hours per week). The amount of the health and welfare benefit allocation shall be set forth in Appendix A. No unit member shall earn more than one full benefit from any combination of regular day school employment and adult school employment. The Association shall select a member who will serve on the District Fringe Benefits Committee. The contingencies for the use of the benefit allocation will be determined after examination of available programs and negotiations by carrier or carriers involved by the District and the Association. Same sex domestic partners as specified in California Family Code Section 297 shall be eligible for health benefits, subject to qualification requirements affecting other unit members and approval of the District health benefit providers. Health Insurance Benefits - Retired Employees Health insurance benefits currently offered to retired District employees are stated in District Administrative Regulations 4154, 4254, Martha J Maldonado 3/7/13 1:33 PM Comment [2]: Is this current? 11

14 ARTICLE VIII STAFFING CLASS SIZE The class size of an Adult School class shall be determined by the District. TRANSFERS For the purposes of this Article, a transfer is a relocation of a unit member between schools or other work locations which does not alter his number of hours and where responsibilities are covered by the same job description. Transfer is not to be confused with promotion, demotion, change in classification, or hours worked. A. A list of all vacancies shall be maintained by the Adult Education Office. When a position becomes available during the year, the Office will distribute notices of the opening. Such notices shall contain the job title, the qualifications required for the position, the number of hours, the filing deadline for the vacancy and, when practicable, the job site. B. Employees may file for transfer to a specific vacancy by submitting written request to the Adult Education Office. A written request shall remain valid until the end of the school year. C. Requests for transfer will be considered on the basis of the following criteria which are listed in order of priority. 1. Qualifications and credentials of the employee compared to other applicants for the position. 2. Length of service to the District within classification. D. Transfers of employees may be initiated by the District at any time whenever such transfer is in the best interest of the District, as defined by the District. An employee affected by such transfer shall be given notice as soon as administratively practicable. VACANCIES Consideration will be given to all applications for a vacancy which are properly submitted. Applicants who are currently Adult Education employees will be given first consideration for such openings providing they possess appropriate teaching credentials and equal or better qualifications than any outside applicant; however, the final selection is within the sole discretion of the District. 12

15 ARTICLE IX HOURS AND DUTIES Hours Upon arrival at his worksite, the adult school unit member shall immediately sign in on a daily time sheet. Unit members shall be in their classrooms and prepared to teach at the scheduled time of class. They shall remain for the assigned teaching period and sign out upon the completion of the class period. Adult school unit members may be directed to attend in-service or orientation sessions beyond the one required faculty meeting per semester. This authorized additional non-instructional time shall be paid at a rate to be specified in Appendix A. It is agreed and understood that this extra compensation does not apply to obligations described in the section on Duties which appears herein nor in those situations where a unit member has received an unsatisfactory rating and is being required to participate in a program designed to improve the unit member s competence. Any non-instructional time does not count toward advancement on the salary schedule. Scheduled breaks shall be provided in the following manner: Less than four hours Unit members teaching a class that lasts for less than four hours a day can be provided an uncompensated ten-minute break. Breaks during scheduled classes will be provided by scheduling the class to start ten minutes earlier or extend ten minutes later to fulfill the required class time and make up the time used for mid-class breaks if one is taken. Four hours Unit members teaching at least four consecutive hours a day are entitled to a paid ten-minute break. Insofar as practical, the break shall be taken in the middle of the four-hour work schedule. Six hours Unit members working six consecutive hours a day shall be scheduled to take an uncompensated 30- minute meal break in addition to the ten-minute compensated break that will be provided. Eight-hour employee Unit members who work eight consecutive hours a day are entitled to two paid ten-minute breaks, one during the first four hours of work and one during the last four hours of work. They shall also be given an uncompensated 30-minute meal break. It should be scheduled insofar as practical during the middle of their eight-our shift. Rest breaks and meal breaks cannot be accumulated or combined. They are to be taken when earned. Duties It is agreed that all adult school unit members are responsible for instructional and other related duties. Examples of such duties are: attending required faculty and departmental meetings; open house and graduation; planning, selecting, and preparing materials for instruction; receiving and evaluating work of pupils; keeping and submitting required attendance records (student and teacher); serving on committees providing advice and service to the District; participating in District-approved professional activities relating to the teaching assignment; supervising teacher aides as assigned; and assuming responsibility for the proper use and control of District property, materials, supplies, and equipment, et cetera. Emergency Class Closure In the event instructors are not notified that their class is closed/cancelled for an emergency and they arrive on time for the scheduled class prepared to teach, they shall be paid for one hour of instructional service that day. Martha J Maldonado 3/7/13 1:10 PM Comment [3]: Not the practice. 13

16 ARTICLE X EVALUATION PROCEDURES A. The District retains sole responsibility for the evaluation and assessment of performance of each adult school unit member, subject only to the following procedural requirements. Should an adult school unit member believe an evaluation to be derogatory, the unit member will be given an opportunity to comment thereon as provided for by law. Accordingly, no grievance arising under this Article shall challenge the substantive objectives, standards, or criteria determined by the evaluator or District, nor shall the grievance contest the judgment of the evaluator; any grievances shall be limited to a claim that the following procedures have been violated. B. Evaluation and assessment of the performances of adult school unit members shall be made on a continuing basis, at least once every semester for probationary personnel, and at least once every other a year for all other unit members. Should a teacher be employed after the mid-point of the first semester of a school year, evaluation for that semester shall be at the option of the senior director. Adult school unit members with permanent or non-tenured status may will be evaluated yearly or more often if the District or the evaluator deems it appropriate. Reasons for evaluating permanent personnel more often than the minimum required could include but would not be limited to situations such as: a new assignment; unsatisfactory previous evaluations; the assignment of a new evaluator; a need to improve the instructional program; et cetera. C. Adult school unit members must will complete a Statement of Objectives Stull Performance worksheet as described and exemplified in the Adult Education Evaluation and Assessment Guide in conformance with the Adult Education Evaluation Calendar. It is the responsibility of the unit member to work with his evaluator in establishing mutually agreed upon objectives for a specified period of time. D. Within the timeline stated in the Adult Education Evaluation Calendar, each adult school unit member shall present to the senior director or evaluator proposed written objectives of expected student progress, learning environment and student control, and adjunct duties. These proposed objectives will be discussed and reviewed by the evaluator and the evaluatee and mutually agreed upon. E. If an adult school unit member cannot concur with his evaluator in the determination of objectives, he shall so advise the immediate supervisor of the evaluator, who shall then confer with both the evaluatee and the evaluator and make final determination. F. If both the senior director and the adult school unit member agree that unusual mitigating circumstances have changed the composition of the classes or otherwise substantially altered the environment upon which objectives were originally written, the objectives may be modified by means of an addendum. Adjustment may be made to the objectives of non-teaching adult school unit members if they and their evaluators agree that similar circumstances exist. G. Classroom observations may be, but shall not be required to be, arranged by the evaluator and the adult school unit member in advance of an observation. Evaluations need not be based solely upon formal classroom observations. H. Previous to the first Adult School--Summary Evaluation Report on probationary teachers, at least two formal observations and at least one follow-up conference will have taken place. The Evaluation Report may be presented during the second conference. 14

17 I. The evaluator shall not base his evaluation of the quality of an adult school unit member s classroom instructional program on information not collected through the established evaluation process exemplified in the Adult Education Evaluation and Assessment Guide. Negative evaluation of performance shall not be predicated upon information or material of a derogatory nature which has been received by the evaluator from sources such as other teachers, parents, and citizens unless the facts have been verified by the evaluator and discussed with the unit member. J. As provided for by law, an adult school unit member shall have the right to inspect materials in his personnel file excepting ratings, reports, and records which (1) were obtained prior to the employment of the person involved, (2) were prepared by identifiable examination committee members, or (3) were obtained in connection with a promotional examination. The time taken for personnel file review shall be in addition to the unit member s regular work day. K. The current edition of BPUSD Adult Education Evaluation and Assessment Guide contains all the agreed-upon timelines, evaluation forms, and procedures that are to be followed. Martha J Maldonado 3/7/13 1:14 PM Comment [4]: Update or remove 15

18 ARTICLE XI LEAVE PROVISIONS The benefits which are expressly provided by this Article are the sole benefits which are part of this collective bargaining agreement, and it is agreed that other statutory or regulatory leave benefits are not incorporated, either directly or impliedly, into this Agreement, nor are such other benefits subject to the grievance procedure, Article XV. A. Illness or Injury Leave 1. An adult school unit member (hourly) shall be entitled to sick leave, accumulated without limitation based upon the following formula: Hours paid per week 40 X 8 = hours of sick leave earned per month 2. Pay for any such earned sick leave shall be the same as the pay which would have been received had the unit member served during such period. Last earned sick leave shall be the first to be used. 3. If any adult school unit member does not render service for an entire year, but has used all paid sick leave, the amount of compensation received for sick leave taken but unearned shall be repaid to the District and the District shall have the right to make any necessary adjustment in the last warrant. 4. When, after the exhaustion of all paid leaves, an adult school unit member is absent from his duties because of illness or accident for a total period of five school months or less, including the period of fully paid leaves but excluding that portion of the annual unused sick leave, the amount deducted from the salary due the unit member for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employed to fill the member s position during his absence, or, if no substitute was employed, the amount which would have been paid to the substitute had one been employed. 5. If the District has reason to believe that the adult school unit member is or has been abusing the illness or injury leave contained in this Article, or if the member is absent for more than three (3) consecutive scheduled class meetings, the member may be required to present a medical doctor s certificate verifying the times and dates of medical appointment(s), the nature of the illness or injury, and the anticipated length of absence and/or certifying the unit member s ability to work on an unrestricted basis. The District reserves the right to have the member who is on such leave examined at District expense by a physician designated by the District, to assist in determining the unit member s inability to perform duties and the degree to which the member s inability is attributable to illness or injury. 6. If the unit member who is assigned to work five (5) or more days per week is absent ten (10) consecutive working days or more or if the unit member who works less than five (5) days per week is absent two consecutive working weeks or more, because of illness or hospitalization, the Senior Director of Adult and Community Education will send the Medical Authorization for Return to Work form to the unit member who must have it filled out and signed by a physician and returned to the Human Resource Office before returning to work. 7. If an adult school unit member who is assigned to teach a class which commences 5 p.m. or later is to be absent, he shall notify the Adult Education Office by 2 p.m. as soon as possible. 16

19 If an adult school unit member who is assigned to teach a class which commences before 5 p.m. is to be absent, he shall notify the Adult Education Office no less than two (2) hours prior to the starting time of the class. The procedure to be followed in such notification shall be provided the unit member by the District. Failure of the unit member to provide adequate notice under reasonable circumstances shall be grounds for loss of pay and/or other disciplinary action. 8. A unit member who is absent as a result of illness or injury for any portion of a teaching period shall have deducted that portion of the period from his accumulated sick leave. 9. A unit member who is absent shall not be allowed to return to work and shall be placed on leave without pay if he fails to notify the District of his intent to return to work at least two (2) hours prior to the conclusion of the unit members teaching period or two (2) hours before the close of the Adult Education Office, whichever is the earlier, if such failure to notify results in a substitute being secured or the class not being held. once a substitute is secured or the class has been cancelled. 10. If the unit member is absent for reasons of illness and will convalesce at a location other than his residence, he shall provide the District with an emergency phone number and/or address where he may be reached. Martha J Maldonado 3/7/13 1:16 PM Comment [5]: Better written 11. As soon as administratively practicable each year the District shall provide each unit member with a written statement of sick leave entitlement for the current school year and accrued sick leave total. 12. After all available paid leaves have been exhausted, and the unit member is unable to resume duties of his position, the unit member shall either elect to resign, or request a leave of absence without pay. Upon notification of the right to elect either of the foregoing, the unit member shall, within ten (10) days thereof, make such election with the Assistant Superintendent of Human Resources. In the event the unit member fails to make the election, the District may summarily terminate the unit member without benefit of the provisions of Education Code Sections et seq. B. Industrial Accident and Illness Leave 1. An adult school unit member shall be entitled to a leave of absence for any accident or illness which the District s industrial accident and illness insurance carrier or the Workers Compensation Appeals Board recognizes as a bona fide injury or illness arising out of and in the course of employment with the District. Martha J Maldonado 3/7/13 1:16 PM Comment [6]: Is this current? 2. Industrial accident or illness leave shall be without loss of pay for up to a maximum of sixty (60) working days in any fiscal year for any given industrial accident or illness. Industrial accident and illness leave not taken in a fiscal year shall not be accumulated from year to year. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused leave due him for the same illness or injury 3. Industrial accident and illness leave shall commence on the first day of absence, and leave time shall be reduced by one day for each day of authorized absence, even if temporary disability indemnity is awarded. During such leave, the unit member shall endorse to the District the temporary disability indemnity checks received on account of his industrial accident or illness. The District in turn shall issue the unit member salary warrants for payment of the unit member s salary and shall deduct retirement and other authorized deductions. If the unit member fails to endorse to the District any wage loss disability check as provided above, the District shall deduct from the unit member s salary warrant the amount of such disability actually paid to and retained by the unit member, and if necessary, recover such funds through an appeal to a court of competent jurisdiction. 17

20 4. Any unit member receiving benefits under the provisions of Section B of this Article shall remain within the State of California unless the Board of Education authorizes travel outside the State. 5. When entitlement for industrial accident leave has been exhausted, the unit member may elect to use any sick leave, vacation, or other paid leave to which he is entitled, provided that payment for any such paid leave when added to any temporary disability indemnity shall result in a payment to the unit member of not more than his full salary less appropriate deductions. 6. After all available leaves have been exhausted, and the unit member is unable to resume duties of his position, the unit member shall either elect to resign or request a leave of absence without pay. Upon notification of the right to elect either of the foregoing, the unit member shall, within ten (10) days thereof, make such election with the Assistant Superintendent of Human Resources. In the event the unit member fails to make the election, the District may summarily terminate the unit member without benefit of the provisions of Education Code Sections et seq. 7. A unit member shall be permitted to return to work after an industrial accident or illness of less than three (3) days only upon presentation of a release from the treating physician certifying the unit member s ability to return to work without restriction. If the unit member has experienced lost time of three (3) days or more because of such industrial accident or illness, the unit member shall present to Human Resources a Medical Authorization for Return to Work form completed by the treating physician and have a personal interview with the Assistant Superintendent of Human Resources or his assistant prior to returning to work. The District reserves the right to appoint a physician to give a second opinion on the unit member s ability to assume full-time duties. C. Personal Necessity Leave 1. An adult school unit member shall be entitled to use, during each school year, up to a maximum of 50% of his annually earned sick leave provided for in Part 1 of this Article for any of the following purposes: a. Death of a member of a unit member s immediate family, as defined in Section E D of this Article, if leave is required in addition to that provided by Section E D of this Article. b. An accident involving a unit member s property or the personal property of any member of the unit member s immediate family, if the accident is serious in nature, involves circumstances the unit member cannot reasonably be expected to disregard, and requires the attention of the unit member during working hours. c. Appearance in court or before any administrative tribunal as a litigant, party, or witness under subpoena or valid order to appear. The unit member must return to work if not required to be absent the entire day. Each date of necessary attendance, other than the dates specified in a subpoena, shall be certified to by the clerk or other authorized officer of the court or by an authorized official of the administrative tribunal. The unit member shall ask for and collect any witness fee to which he may be entitled and remit it to the District. d. The serious illness of a member of a unit member s immediate family, which the unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during working hours. e. The birth of a child requiring the father to be absent during working hours. f. The parent or guardian of any child in grades K-12 may take up to 40 hours a year (for full-time unit members) to visit their child s school. 18

21 g. Circumstances of compelling personal importance and urgent personal necessity that meet the criteria outlined below: (1) Involves circumstances which the unit member cannot be expected to disregard. (2) Requires the attention of the unit member during assigned duty hours. (3) Is serious in nature. The following are examples of some reasons which are not acceptable for personal necessity leave: (1) Vacation, recreation, or social activities. (2) Unit member s employee organization business or activities. (3) Extension of a school holiday or vacation. (4) Conventions related to a unit member s avocation. (5) Spouse s business, profession, or avocation. (6) Incarceration. (7) Political activities or demonstrations. (8) Civic or organizational activities. (9) Routine personal activities. (10) Business interests or other employment. 2. Under all circumstances, a unit member shall verify in writing on the monthly declaration that the personal necessity leave was used only for purposes as set forth above. A unit member will be subject to appropriate discipline if the leave was used for purposes other than stipulated. 3. When a unit member seeks personal necessity leave under 1c and 1f above, the unit member must complete the appropriate District form and submit it for approval by both the Senior Director of Adult and Community Education and the Assistant Superintendent of Human Resources before such leave is taken. Failure to comply with this requirement will result in denial of leave and loss of pay unless such requirement is waived by the Superintendent or Assistant Superintendent of Human Resources after appeal. Those situations covered by 1a, 1b, 1d, and 1e shall not require previous notification. 4. Each unit member may take up to five (5) workdays (based on the formula of hours paid over 40, times eight, equals one work day, Section A-1 of this Article) of Personal Necessity days each school year charged against accumulated sick leave for reasons which are personal or private in nature, and for which he shall not be required to give an explanation, subject to existing conditions set forth in paragraph g above. Prior approval for such days must be obtained. The District may require him to certify in writing that any such personal leave taken by him was not for an extension of a recess provided for by this Agreement, nor for any concerted activity, slow-down or work stoppage, nor to attend to a matter which could have been attended to during his non-duty hours. D. Bereavement Leave 1. An adult school unit member who is assigned to work five (5) days or more a week by the Baldwin Park Unified School District Adult School is entitled to a leave of absence not to exceed three (3) days, or five (5) days if out-of-state travel or 400 miles travel in one way is required on account of the death of any members of his immediate family. 2. An adult school member employed for less than five (5) days per week shall be entitled to that proportion of the three (3) or five (5) days leave of absence provided by this paragraph as the number of days the unit member is employed per week bears to five (5). 3. Members of the immediate family mean the following: mother, father, grandmother, grandfather, or grandchild of the unit member or of the spouse of the unit member, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, 19